Tag Archives: film

Screener Piracy Season Kicks Off With Louis C.K.’s ‘I Love You, Daddy’

Post Syndicated from Ernesto original https://torrentfreak.com/screener-piracy-season-kicks-off-with-louis-c-k-s-i-love-you-daddy-171211/

Towards the end of the year, movie screeners are sent out to industry insiders who cast their votes for the Oscars and other awards.

It’s a highly anticipated time for pirates who hope to get copies of the latest blockbusters early, which is traditionally what happens.

Last year the action started relatively late. It took until January before the first leak surfaced – Denzel Washington’s Fences –
but more than a dozen made their way online soon after.

Today the first leak of the new screener season started to populate various pirate sites, Louis C.K.’s “I Love You, Daddy.” It was released by the infamous “Hive-CM8” group which also made headlines in previous years.

“I Love You, Daddy” was carefully chosen, according to a message posted in the release notes. Last month distributor The Orchard chose to cancel the film from its schedule after Louis C.K. was accused of sexual misconduct. With uncertainty surrounding the film’s release, “Hive-CM8” decided to get it out.

“We decided to let this one title go out this month, since it never made it to the cinema, and nobody knows if it ever will go to retail at all,” Hive-CM8 write in their NFO.

“Either way their is no perfect time to release it anyway, but we think it would be a waste to let a great Louis C.K. go unwatched and nobody can even see or buy it,” they add.

I Love You, Daddy

It is no surprise that the group put some thought into their decision. In 2015 they published several movies before their theatrical release, for which they later offered an apology, stating that this wasn’t acceptable.

Last year this stance was reiterated, noting that they would not leak any screeners before Christmas. Today’s release shows that this isn’t a golden rule, but it’s unlikely that they will push any big titles before they’re out in theaters.

“I Love You, Daddy” isn’t going to be seen in theaters anytime soon, but it might see an official release. This past weekend, news broke that Louis C.K. had bought back the rights from The Orchard and must pay back marketing costs, including a payment for the 12,000 screeners that were sent out.

Hive-CM8, meanwhile, suggest that they have more screeners in hand, although their collection isn’t yet complete.

“We are still missing some titles, anyone want to share for the collection? Yes we want to have them all if possible, we are collectors, we don’t want to release them all,” they write.

Finally, the group also has some disappointing news for Star Wars fans who are looking for an early copy of “The Last Jedi.” Hive-CM8 is not going to release it.

“Their will be no starwars from us, sorry wont happen,” they write.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

ETTV: How an Upload Bot Became a Pirate Hero

Post Syndicated from Ernesto original https://torrentfreak.com/ettv-how-an-upload-bot-became-a-pirate-hero-171210/

Earlier this year, the torrent community was hit hard when another major torrent site suddenly shut its doors.

Just a few months after celebrating its tenth anniversary, ExtraTorrent’s operator threw in the towel. While an official explanation was never provided, it’s likely that he was pressed to make this decision.

The ExtraTorrent site was a safe harbor for millions of regular users, who became homeless overnight. But it was more than that. It was also the birth ground of several popular releasers and distribution groups.

ETTV and ETHD turned into well-known brands themselves. While the ET is derived from ExtraTorrent, the groups have shared TV and movie torrents on several other large torrent sites, and they still do. They even have their own site now.

With millions of people sharing their uploads every week, they’ve become icons and heroes to many. But how did this all come to be? We sat down with the team, virtually, to find out more.

“The idea for ettv/ethd was brought up by ExtraTorrent users,” the ETTV team says.

There was demand for a new group that would upload scene releases faster than the original EZTV, which was the dominant TV-torrent distribution group around 2011, when it all started.

“At the time the real EZTV was still active. They released stuff hours after it was released from the scene, leaving sites to wait very long for shows to arrive in public. In no way was ettv intended for competitive purposes. We had a lot of respect for Nova and the original EZTV operators.”

While ETTV is regularly referred to as a “group,” it was a one-person operation initially. Just a guy with a seedbox, grabbing scene releases and posting them on torrent sites.

It didn’t take long before people got wind of the new distribution ‘group,’ and interest for the torrents quickly exploded. This meant that a single seedbox was no longer sufficient, but help was not far away.

“It started off with one operator and a seedbox, but it became popular too fast. That’s when former ExtraTorrent owners stepped in to give ETTV the support and funding it needed to keep the story going.”

One of the earliest ETTV uploads on ExtraTorrent

In addition to the available disk space and bandwidth, the team itself expanded as well. At its height, a handful of people were working on the group. However, when things became more and more automated this number reduced again.

What many people don’t realize is that ETTV and ETHD are mostly run by lines of code. The entire distribution process is automated and requires minimal intervention from the people behind it.

“Ettv/Ethd is a bot, it doesn’t require human attention. It grabs what you tell the script to,” the team tells us.

The bot is set up to grab the latest copies of predefined shows from private servers where the latest scene release are posted. These are transferred to the seedbox and the torrents are then pushed out to the public – on ETTV.tv, but also on The Pirate Bay and elsewhere. Everything is automated.

Even most of the maintenance is taken care of by the ‘bot’ itself. When disk space is running out older content is purged, allowing fresh releases to come through.

“The only persons involve with the bots are the bill payers of our new home ettv.tv. All they do check bot logs to see if it has any errors and correct them,” the team explains.

One problem that couldn’t be easily solved with some code was the shutdown of ExtraTorrent. While the bills for the seedboxes were paid in advance until the end of 2017, the groups had to find a new home.

“The shutdown of ExtraTorrent didn’t affect the bots from running, it just left ettv/ethd homeless and caused fans to lose their way trying to find us. Not many knew where else we uploaded or didn’t like the other sites we uploaded to.”

After a few months had passed it became clear that they were not going anywhere. Quite the contrary, they started their very own site, ETTV.tv, where all the latest releases are published.

ETTV.tv

In the near future, the team will focus on turning the site into a new home for its followers. Just a few weeks ago it launched a new release “tag,” ETMovies, which specializes in lower resolution films with a smaller file size, for example.

“We recently introduced ETMovies which is basically for SD Movies, other than that the only plan ettv/ethd has is to give a home to the members that suffered from the sudden shut down of ExtraTorrent.”

Just this week, the site also expanded its reach by adding new categories such as music, games, software, and Books, where approved uploaders will publish content.

While they are doing their best to keep the site up and running, it’s not a given that ETTV will be around forever. As long as there are plenty of funds and no concrete legal pressure they might. But if recent history has shown us anything, it’s that there are no guarantees.

“No one is here seeking to be a millionaire, if the traffic pays the bills we keep going, if not then all we can say is (sorry we tried) we will not be the heroes that saved the day.

“Again and again, the troublesome history of torrent sites is clear. It’s a war no site owner can win. If we are ever in danger, we will choose freedom. It’s not like followers can bail you out if the worst were to happen,” the ETTV team concludes.

For now, however, the bot keeps on running.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Movie Company Has No Right to Sue, Accused Pirate Argues

Post Syndicated from Ernesto original https://torrentfreak.com/movie-company-has-no-right-to-sue-accused-pirate-argues-171208/

In recent years, a group of select companies have pressured hundreds of thousands of alleged pirates to pay significant settlement fees, or face legal repercussions.

These so-called “copyright trolling” efforts have also been a common occurrence in the United States for more than half a decade, and still are today.

While copyright holders should be able to take legitimate piracy claims to court, not all cases are as strong as they first appear. Many defendants have brought up flaws, often in relation to the IP-address evidence, but an accused pirate in Oregon takes things up a notch.

Lingfu Zhang, represented by attorney David Madden, has turned the tables on the makers of the film Fathers & Daughters. The man denies having downloaded the movie but also points out that the filmmakers have signed away their online distribution rights.

The issue was brought up in previous months, but the relevant findings were only unsealed this week. They show that the movie company (F&D), through a sales agent, sold the online distribution rights to a third party.

While this is not uncommon in the movie business, it means that they no longer have the right to distribute the movie online, a right Zhang was accused of violating. This is also what his attorney pointed out to the court, asking for a judgment in favor of his client.

“ZHANG denies downloading the movie but Defendant’s current motion for summary judgment challenges a different portion of F&D’s case: Defendant argues that F&D has alienated all of the relevant rights necessary to sue for infringement under the Copyright Act,” Madden writes.

The filmmakers opposed the request and pointed out that they still had some rights. However, this is irrelevant according to the defense, since the distribution rights are not owned by them, but by a company that’s not part of the lawsuit.

“Plaintiff claims, for example, that it still owns the right to exploit the movie on airlines and oceangoing vessels. That may or may not be true – Plaintiff has not submitted any evidence on the question – but ZHANG is not accused of showing the movie on an airplane or a cruise ship.

“He is accused of downloading it over the Internet, which is an infringement that affects only an exclusive right owned by non-party DISTRIBUTOR 2,” Madden adds.

Interestingly, an undated addendum to the licensing agreement, allegedly created after the lawsuit was started, states that the filmmakers would keep their “anti-piracy” rights, as can be seen below.

Anti-Piracy rights?

This doesn’t save the filmmaker, according to the defense. The “licensor” who keeps these anti-piracy and enforcement rights refers to the sales agent, not the filmmaker, Madden writes. In addition, the case is about copyright infringement, and despite the addendum, the filmmakers don’t have the exclusive rights that apply here.

“Plaintiff represented to this Court that it was the ‘proprietor of all copyrights and interests need to bring suit’ […] notwithstanding that it had – years earlier – transferred away all its exclusive rights under Section 106 of the Copyright Act,” the defense lawyer concludes.

“Even viewing all Plaintiff’s agreements in the light most favorable to it, Plaintiff holds nothing more than a bare right to sue, which is not a cognizable right that may be exercised in the courts of this Circuit.”

While the court has yet to decide on the motion, this case could turn into a disaster for the makers of Fathers & Daughters.

If the court agrees that they don’t have the proper rights, defendants in other cases may argue the same. It’s easy to see how their entire trolling scheme would then collapse.

The original memorandum in support of the motion for summary judgment is available here (pdf) and a copy of the reply brief can be found here (pdf).

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Dutch Film Distributor Wins Right To Chase Pirates, Store Data For 5 Years

Post Syndicated from Andy original https://torrentfreak.com/dutch-film-distributor-wins-right-to-chase-pirates-store-data-for-5-years-171208/

For many years, Dutch Internet users were allowed to download copyrighted content without reprisals, provided it was for their own personal use.

In 2014, however, the European Court of Justice ruled that the country’s “piracy levy” to compensate rightsholders was unlawful. Almost immediately, the government announced a downloading ban.

In March 2016, anti-piracy outfit BREIN followed up by obtaining permission from the Dutch Data Protection Authority to track and store the personal data of alleged BitTorrent pirates. This year, movie distributor Dutch FilmWorks (DFW) made a similar application.

The company said that it would be pursuing alleged pirates to deter future infringement but many suspected that securing cash settlements was its main aim. That was confirmed in August.

“[The letter to alleged pirates] will propose a fee. If someone does not agree [to pay], the organization can start a lawsuit,” said DFW CEO Willem Pruijsserts

“In Germany, this costs between €800 and €1,000, although we find this a bit excessive. But of course it has to be a deterrent, so it will be more than a tenner or two,” he added.

But despite the grand plans, nothing would be possible without first obtaining the necessary permission from the Data Protection Authority. This Wednesday, however, that arrived.

“DFW has given sufficient guarantees for the proper and careful processing of personal data. This means that DFW has been given a green light from the Data Protection Authority to collect personal data, such as IP addresses, from people downloading from illegal sources,” the Authority announced.

Noting that it received feedback from four entities during the six-week consultation process following the publication of its draft decision during the summer, the Data Protection Authority said that further investigations were duly carried out. All input was considered before handing down the final decision.

The Authority said it was satisfied that personal data would be handled correctly and that the information collected and stored would be encrypted and hashed to ensure integrity. Furthermore, data will not be retained for longer than is necessary.

“DFW has stated…that data from users with Dutch IP addresses who were involved in the exchange of a title owned by DFW, but in respect of which there is no intention to follow up on that within three months after receipt, will be destroyed,” the decision reads.

For any cases that are active and haven’t been discarded in the initial three-month period, DFW will be allowed to hold alleged pirates’ data for a maximum of five years, a period that matches the time a company has to file a claim under the Dutch Civil Code.

“When DFW does follow up on a file, DFW carries out further research into the identity of the users of the IP addresses. For this, it is necessary to contact the Internet service providers of the subscribers who used the IP addresses found in the BitTorrent network,” the Authority notes.

According to the decision, once DFW has a person’s details it can take any of several actions, starting with a simple warning or moving up to an amicable cash settlement. Failing that, it might choose to file a full-on court case in which the distributor seeks an injunction against the alleged pirate plus compensation and costs.

Only time will tell what strategy DFW will deploy against alleged pirates but since these schemes aren’t cheap to run, it’s likely that simple warning letters will be seriously outnumbered by demands for cash settlement.

While it seems unlikely that the Data Protection Authority will change its mind at this late stage, it’s decision remains open to appeal. Interested parties have just under six weeks to make their voices heard. Failing that, copyright trolling will hit the Netherlands in the weeks and months to come.

The full decision can be found here (Dutch, pdf) via Tweakers

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

The Raspberry Pi Christmas shopping list 2017

Post Syndicated from Alex Bate original https://www.raspberrypi.org/blog/christmas-shopping-list-2017/

Looking for the perfect Christmas gift for a beloved maker in your life? Maybe you’d like to give a relative or friend a taste of the world of coding and Raspberry Pi? Whatever you’re looking for, the Raspberry Pi Christmas shopping list will point you in the right direction.

An ice-skating Raspberry Pi - The Raspberry Pi Christmas Shopping List 2017

For those getting started

Thinking about introducing someone special to the wonders of Raspberry Pi during the holidays? Although you can set up your Pi with peripherals from around your home, such as a mobile phone charger, your PC’s keyboard, and the old mouse dwelling in an office drawer, a starter kit is a nice all-in-one package for the budding coder.



Check out the starter kits from Raspberry Pi Approved Resellers such as Pimoroni, The Pi Hut, ModMyPi, Adafruit, CanaKit…the list is pretty long. Our products page will direct you to your closest reseller, or you can head to element14 to pick up the official Raspberry Pi Starter Kit.



You can also buy the Raspberry Pi Press’s brand-new Raspberry Pi Beginners Book, which includes a Raspberry Pi Zero W, a case, a ready-made SD card, and adapter cables.

Once you’ve presented a lucky person with their first Raspberry Pi, it’s time for them to spread their maker wings and learn some new skills.

MagPi Essentials books - The Raspberry Pi Christmas Shopping List 2017

To help them along, you could pick your favourite from among the Official Projects Book volume 3, The MagPi Essentials guides, and the brand-new third edition of Carrie Anne Philbin’s Adventures in Raspberry Pi. (She is super excited about this new edition!)

And you can always add a link to our free resources on the gift tag.

For the maker in your life

If you’re looking for something for a confident digital maker, you can’t go wrong with adding to their arsenal of electric and electronic bits and bobs that are no doubt cluttering drawers and boxes throughout their house.



Components such as servomotors, displays, and sensors are staples of the maker world. And when it comes to jumper wires, buttons, and LEDs, one can never have enough.



You could also consider getting your person a soldering iron, some helpings hands, or small tools such as a Dremel or screwdriver set.

And to make their life a little less messy, pop it all inside a Really Useful Box…because they’re really useful.



For kit makers

While some people like to dive into making head-first and to build whatever comes to mind, others enjoy working with kits.



The Naturebytes kit allows you to record the animal visitors of your garden with the help of a camera and a motion sensor. Footage of your local badgers, birds, deer, and more will be saved to an SD card, or tweeted or emailed to you if it’s in range of WiFi.

Cortec Tiny 4WD - The Raspberry Pi Christmas Shopping List 2017

Coretec’s Tiny 4WD is a kit for assembling a Pi Zero–powered remote-controlled robot at home. Not only is the robot adorable, building it also a great introduction to motors and wireless control.



Bare Conductive’s Touch Board Pro Kit offers everything you need to create interactive electronics projects using conductive paint.

Pi Hut Arcade Kit - The Raspberry Pi Christmas Shopping List 2017

Finally, why not help your favourite maker create their own gaming arcade using the Arcade Building Kit from The Pi Hut?

For the reader

For those who like to curl up with a good read, or spend too much of their day on public transport, a book or magazine subscription is the perfect treat.

For makers, hackers, and those interested in new technologies, our brand-new HackSpace magazine and the ever popular community magazine The MagPi are ideal. Both are available via a physical or digital subscription, and new subscribers to The MagPi also receive a free Raspberry Pi Zero W plus case.

Cover of CoderDojo Nano Make your own game

Marc Scott Beginner's Guide to Coding Book

You can also check out other publications from the Raspberry Pi family, including CoderDojo’s new CoderDojo Nano: Make Your Own Game, Eben Upton and Gareth Halfacree’s Raspberry Pi User Guide, and Marc Scott’s A Beginner’s Guide to Coding. And have I mentioned Carrie Anne’s Adventures in Raspberry Pi yet?

Stocking fillers for everyone

Looking for something small to keep your loved ones occupied on Christmas morning? Or do you have to buy a Secret Santa gift for the office tech? Here are some wonderful stocking fillers to fill your boots with this season.

Pi Hut 3D Christmas Tree - The Raspberry Pi Christmas Shopping List 2017

The Pi Hut 3D Xmas Tree: available as both a pre-soldered and a DIY version, this gadget will work with any 40-pin Raspberry Pi and allows you to create your own mini light show.



Google AIY Voice kit: build your own home assistant using a Raspberry Pi, the MagPi Essentials guide, and this brand-new kit. “Google, play Mariah Carey again…”



Pimoroni’s Raspberry Pi Zero W Project Kits offer everything you need, including the Pi, to make your own time-lapse cameras, music players, and more.



The official Raspberry Pi Sense HAT, Camera Module, and cases for the Pi 3 and Pi Zero will complete the collection of any Raspberry Pi owner, while also opening up exciting project opportunities.

STEAM gifts that everyone will love

Awesome Astronauts | Building LEGO’s Women of NASA!

LEGO Idea’s bought out this amazing ‘Women of NASA’ set, and I thought it would be fun to build, play and learn from these inspiring women! First up, let’s discover a little more about Sally Ride and Mae Jemison, two AWESOME ASTRONAUTS!

Treat the kids, and big kids, in your life to the newest LEGO Ideas set, the Women of NASA — starring Nancy Grace Roman, Margaret Hamilton, Sally Ride, and Mae Jemison!



Explore the world of wearables with Pimoroni’s sewable, hackable, wearable, adorable Bearables kits.



Add lights and motors to paper creations with the Activating Origami Kit, available from The Pi Hut.




We all loved Hidden Figures, and the STEAM enthusiast you know will do too. The film’s available on DVD, and you can also buy the original book, along with other fascinating non-fiction such as Rebecca Skloot’s The Immortal Life of Henrietta Lacks, Rachel Ignotofsky’s Women in Science, and Sydney Padua’s (mostly true) The Thrilling Adventures of Lovelace and Babbage.

Have we missed anything?

With so many amazing kits, HATs, and books available from members of the Raspberry Pi community, it’s hard to only pick a few. Have you found something splendid for the maker in your life? Maybe you’ve created your own kit that uses the Raspberry Pi? Share your favourites with us in the comments below or via our social media accounts.

The post The Raspberry Pi Christmas shopping list 2017 appeared first on Raspberry Pi.

ACE and CAP Shut Down Aussie Pirate IPTV Operation

Post Syndicated from Andy original https://torrentfreak.com/ace-and-cap-shut-down-aussie-pirate-iptv-operation-171128/

Instead of companies like the MPAA, Amazon, Netflix, CBS, HBO, BBC, Sky, CBS, Foxtel, and Village Roadshow tackling piracy completely solo, this year they teamed up to form the Alliance for Creativity and Entertainment (ACE).

This massive collaboration of 30 companies represents a new front in the fight against piracy, with global players publicly cooperating to tackle the phenomenon in all its forms.

The same is true of CASBAA‘s Coalition Against Piracy (CAP), a separate anti-piracy collective which to some extent shares the same members as ACE but with a sharp of focus on Asia.

This morning the groups announced the results of a joint investigation in Australia which targeted a large supplier of illicit IPTV devices. These small set-top boxes, which come in several forms, are often configured to receive programming from unauthorized sources. In this particular case, they came pre-loaded to play pirated movies, television shows, sports programming, plus other content.

The Melbourne-based company targeted by ACE and CAP allegedly sold these devices in Asia for many years. The company demanded AUS$400 (US$305) per IPTV unit and bundled each with a year’s subscription to pirated TV channels and on-demand movies from the US, EU, India and South East Asia markets.

In the past, companies operating in these areas have often been met with overwhelming force including criminal action, but ACE and CAP appear to have reached an agreement with the company and its owner, even going as far as keeping their names out of the press.

In return, the company has agreed to measures which will prevent people who have already invested in these boxes being able to access ACE and CAP content going forward. That is likely to result in a whole bunch of irritated customers.

“The film and television industry has made significant investments to provide audiences with access to creative content how, where, and when they want it,” says ACE spokesperson Zoe Thorogood.

“ACE and CAP members initiated this investigation as part of a comprehensive global approach to protect the legal marketplace for creative content, reduce online piracy, and bolster a creative economy that supports millions of workers. This latest action was part of a series of global actions to address the growth of illegal and unsafe piracy devices and apps.”

Neil Gane, General Manager of the CASBAA Coalition Against Piracy (CAP), also weighed in with what are now becoming industry-standard warnings of losses to content makers and supposed risks to consumers.

“These little black boxes are now beginning to dominate the piracy ecosystem, causing significant damage to all sectors of the content industry, from producers to telecommunication platforms,” Gane said.

“They also pose a risk to consumers who face a well-documented increase in exposure to malware. The surge in availability of these illicit streaming devices is an international issue that requires a coordinated effort between industry and government. This will be the first of many disruption and enforcement initiatives on which CAP, ACE, and other industry associations will be collaborating together.”

In September, TF revealed the secret agreement behind the ACE initiative, noting how the group’s founding members are required to commit $5m each annually to the project. The remaining 21 companies on the coalition’s Executive Committee put in $200,000 each.

While today’s IPTV announcement was very public, ACE has already been flexing its muscles behind the scenes. Earlier this month we reported on several cases where UK-based Kodi addon developers were approached by the anti-piracy group and warned to shut down – or else.

While all complied, each was warned not to reveal the terms of their agreement with ACE. This means that the legal basis for its threats remains shrouded in mystery. That being said, it’s likely that several European Court of Justice decisions earlier in the year played a key role.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Court: Accused Pirate Doesn’t Have to ‘Spy’ on Family Members

Post Syndicated from Ernesto original https://torrentfreak.com/court-accused-pirate-doesnt-have-to-spy-on-family-members-171127/

Over the past decade, copyright holders have gone after hundreds of thousands of alleged pirates in Germany, demanding settlements ranging from a few hundred to thousands of euros.

The targeted account holder is sometimes the perpetrator, but it could just as easily be another member of the household or even a complete stranger, especially if the Wi-Fi network is unsecured.

This was brought up recently in a case before a District Court Charlottenburg, where a man was accused by the makers of the movie The Call. Law firm Waldorf Frommer demanded 1,000 euros in damages for the alleged infringement, but the defendant denied that he downloaded the film.

Several other people were in the house at the time of the alleged offense, including the man’s adult son, his adult daughter and his sister-in-law. These people all have good computer skills and could, in theory, have downloaded the movie.

The filmmakers argued that the man should be held liable for the alleged infringement on his connection, even when he denies direct involvement, but the court disagreed and denied a request for a thorough investigation.

Attorney Christian Solmecke, who represented the defendant, informs TorrentFreak that subscribers indeed have an obligation to ask household members if they have anything to do with the claimed infringement, but it pretty much ends there.

“Internet subscribers have a general duty to inquire with family members, who have also used the internet connection, about the specific accusation and submit the information to court. In other words: if a family member admits to having committed the offense, the information must be submitted to court.”

“However, if they deny any wrongdoing, the subscriber is not obliged to continue ‘investigating’ the matter. For instance, they are under no circumstances expected to search computers, tablets etc,” Solmecke adds.

The District Court of Charlottenburg agreed and decided that the father cannot be held liable for damages. The fact that he questioned the other members of the household, which yielded no results, was sufficient in this case.

In a news release, Solmecke’s law firm notes that the man’s respect for private and family life is protected by the EU Charter of Fundamental Rights. As such, he cannot be required to spy on the downloading habits of household members.

“He was not required to document the use of the Internet connection or to investigate the computers for file-sharing software. Such investigation obligations would not be reasonable for him,” the law firm stresses.

“Once again, it has been established that undisturbed marital and family life is protected from harm by the EU Charter of Fundamental Rights, which has a massive impact on the investigation obligations of the subscribers.”

The ruling is in line with recent orders from the German Federal Court of Justice. Last year, the highest German civil court ruled that subscribers are not required to spy on the downloading habits of family members, which was confirmed in a separate order a few months ago.

Solmecke notes that while some courts have previously judged otherwise, it seems likely they will now follow the higher court’s legal view on this. This is precisely District Court of Charlottenburg has done, which is good news for accused file-sharers.

“Families, in particular, should not be intimidated by law firms. These often make demands for investigations, which the Federal Court of Justice has recently rejected,” his law firm adds.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Supreme Court Will Decide if ISP Can Charge Money to Expose Pirates

Post Syndicated from Ernesto original https://torrentfreak.com/supreme-court-to-decide-if-isp-can-charge-money-to-expose-pirates-171124/

Movie studio Voltage Pictures is no stranger to suing BitTorrent users.

The company has filed numerous lawsuits against alleged pirates in the United States, Europe, Canada and Australia, and is estimated to have made a lot of money doing so.

Voltage and other copyright holders who initiate these cases generally rely on IP addresses as evidence. This information is collected from BitTorrent swarms and linked to an ISP using an IP-database.

With this information in hand, they then ask the courts to direct Internet providers to hand over the personal details of the associated account holders, in order to go after the alleged pirates.

In Canada, this so-called copyright trolling practice hasn’t been without controversy.

Last year Voltage Pictures launched a “reverse class action” to demand damages from an unspecified number of Internet users whom they accuse of sharing films, including The Cobbler, Pay the Ghost, Good Kill, Fathers and Daughters, and American Heist.

The application of a reverse class action in a copyright case was unprecedented in itself. In a single swoop, many of Internet subscribers were at risk of having their personal details exposed. However, Internet provider Rogers was not willing to hand over this information freely.

Instead, Rogers demanded compensation for every IP-address lookup, as is permitted by copyright law. The provider asked for $100 per hour of work, plus taxes, to link the addresses to subscriber accounts.

The Federal Court agreed that the charges were permitted under the Copyright Act. However, when Voltage Pictures appealed the decision, this was reversed. The Appeals Court noted that there’s currently no fixed maximum charge defined by law. As long as this is the case, ISPs can charge no fees at all, the argument was.

In addition, the court stressed that it’s important for copyright holders to be able to protect their rights in the digital era.

“The internet must not become a collection of safe houses from which pirates, with impunity, can pilfer the products of others’ dedication, creativity and industry,” the appeal court Justice David Stratas wrote.

Not happy with the decision, Rogers decided to take the matter to the Supreme Court, which just decided that it will hear the case.

The Supreme Court hasn’t given an explanation for its decision to take the case. For the accused BitTorrent pirates in Canada, it’s certainly one to watch though.

The case will in large part determine how profitable the copyright trolling scheme is in Canada. When ISPs can charge a substantial fee for the IP-address lookups the efforts might not bring in enough money through settlements, making them less likely to continue.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Copyright Holders Want ISPs to Police Pirate Sites and Issue Warnings

Post Syndicated from Ernesto original https://torrentfreak.com/copyright-holders-want-isps-to-police-pirate-sites-and-issue-warnings-171124/

Online piracy is a worldwide phenomenon and increasingly it ends up on the desks of lawmakers everywhere.

Frustrated by the ever-evolving piracy landscape, copyright holders are calling on local authorities to help out.

This is also the case in South Africa at the moment, where the Government is finalizing a new Cybercrimes and Cybersecurity Bill.

Responding to a call for comments, anti-piracy group SAFACT, film producers, and local broadcaster M-Net seized the opportunity to weigh in with some suggestions. Writing to the Department of Justice and Constitutional Development, they ask for measures to make it easier to block pirate sites and warn copyright infringers.

“A balanced approach to address the massive copyright infringement on the Internet is necessary,” they say.

On the site-blocking front, the copyright holder representatives suggest an EU-style amendment that would allow for injunctions against ISPs to bar access to pirate sites.

“It is suggested that South Africa should consider adopting technology-neutral ‘no fault’ enforcement legislation that would enable intermediaries to take action against online infringements, in line with Article 8.3 of the EU Copyright Directive (2001/29/EC), which addresses copyright infringement through site blocking,” it reads.

Request and response (via Business Tech)

In addition, ISPs should also be obliged to take further measures to deter piracy. New legislation should require providers to “police” unauthorized file-sharing and streaming sites, and warn subscribers who are caught pirating.

“Obligations should be imposed on ISPs to co-operate with rights-holders and Government to police illegal filesharing or streaming websites and to issue warnings to end-users identified as engaging in illegal file-sharing and to block infringing content,” the rightsholders say.

The demands were made public by the Department recently, which also included an official response from the Government. While the suggestions are not dismissed based on their content, they don’t fit the purpose of the legislation.

“The Bill does not deal with copyright infringements. These aspects must be dealt with in terms of copyright-related legislation,” the Department writes.

SAFACT, the filmmakers, and M-Net are not without options though. The Government points out that the new Copyright Amendment Bill, which was introduced recently, would be a better fit for these asks. So it’s likely that they will try again.

This doesn’t mean that any of the proposed language will be adopted, of course. However, now that the demands are on the table, South Africans are likely to hear more blocking and warning chatter in the near future.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

170 ‘Pirate’ IPTV Vendors Throw in the Towel Facing Legal Pressure

Post Syndicated from Ernesto original https://torrentfreak.com/170-pirate-iptv-vendors-throw-the-in-the-towel-facing-legal-pressure-171121/

Pirate streaming boxes are all the rage this year. Not just among the dozens of millions of users, they are on top of the anti-piracy agenda as well.

Dubbed Piracy 3.0 by the MPAA, copyright holders are trying their best to curb this worrisome trend. In the Netherlands local anti-piracy group BREIN is leading the charge.

Backed by the major film studios, the organization booked a significant victory earlier this year against Filmspeler. In this case, the European Court of Justice ruled that selling or using devices pre-configured to obtain copyright-infringing content is illegal.

Paired with the earlier GS Media ruling, which held that companies with a for-profit motive can’t knowingly link to copyright-infringing material, this provides a powerful enforcement tool.

With these decisions in hand, BREIN previously pressured hundreds of streaming box vendors to halt sales of hardware with pirate addons, but it didn’t stop there. This week the group also highlighted its successes against vendors of unauthorized IPTV services.

“BREIN has already stopped 170 illegal providers of illegal media players and/or IPTV subscriptions. Even providers that only offer illegal IPTV subscriptions are being dealt with,” BREIN reports.

In addition to shutting down the trade in IPTV services, the anti-piracy group also removed 375 advertisements for such services from various marketplaces.

“This is illegal commerce. If you wait until you are warned, you are too late,” BREIN director Tim Kuik says.

“You can be held personally liable. You can also be charged and criminally prosecuted. Willingly committing commercial copyright infringement can lead to a 82,000 euro fine and 4 years imprisonment,” he adds.

While most pirate IPTV vendors threw in the towel voluntarily, some received an extra incentive. Twenty signed a settlement with BREIN for varying amounts, up to tens of thousands of euros. They all face further penalties if they continue to sell pirate subscriptions.

In some cases, the courts were involved. This includes the recent lawsuit against MovieStreamer, that was ordered to stop its IPTV hyperlinking activities immediately. Failure to do so will result in a 5,000 euro per day fine. In addition, the vendor was also ordered to pay legal costs of 17,527 euros.

While BREIN has booked plenty of successes already, as exampled here, the pirate streaming box problem is far from solved. The anti-piracy group currently has one case pending in court, but more are likely to follow in the near future.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

UK Government Publishes Advice on ‘Illicit Streaming Devices’

Post Syndicated from Andy original https://torrentfreak.com/uk-government-publishes-advice-on-illicit-streaming-devices-171120/

With torrents and other methods of obtaining content simmering away in the background, unauthorized streaming is the now the method of choice for millions of pirates around the globe.

Previously accessible only via a desktop browser, streaming is now available on a wide range of devices, from tablets and phones through to dedicated set-top box. These, collectively, are now being branded Illicit Streaming Devices (ISD) by the entertainment industries.

It’s terminology the UK government’s Intellectual Property Office has adopted this morning. In a new public advisory, the IPO notes that illicit streaming is the watching of content without the copyright owner’s permission using a variety of devices.

“Illicit streaming devices are physical boxes that are connected to your TV or USB sticks that plug into the TV such as adapted Amazon Fire sticks and so called ‘Kodi’ boxes or Android TV boxes,” the IPO reports.

“These devices are legal when used to watch legitimate, free to air, content. They become illegal once they are adapted to stream illicit content, for example TV programmes, films and subscription sports channels without paying the appropriate subscriptions.”

The IPO notes that streaming devices usually need to be loaded with special software add-ons in order to view copyright-infringing content. However, there are now dedicated apps available to view movies and TV shows which can be loaded straight on to smartphones and tablets.

But how can people know if the device they have is an ISD or not? According to the IPO it’s all down to common sense. If people usually charge for the content you’re getting for free, it’s illegal.

“If you are watching television programmes, films or sporting events where you would normally be paying to view them and you have not paid, you are likely to be using an illicit streaming device (ISD) or app. This could include a film recently released in the cinema, a sporting event that is being broadcast by BT Sport or a television programme, like Game of Thrones, that is only available on Sky,” the IPO says.

In an effort to familiarize the public with some of the terminology used by ISD sellers on eBay, Amazon or Gumtree, for example, the IPO then wanders into a bit of a minefield that really needs much greater clarification.

First up, the government states that ISDs are often described online as being “Fully loaded”, which is a colloquial term for a device with addons already installed. Although they won’t all be infringing, it’s very often the case that the majority are intended to be, so no problems here.

However, the IPO then says that people should keep an eye out for the term ‘jail broken’, which many readers will understand to be the process some hardware devices, such as Apple products, are put through in order for third-party software to be run on them. On occasion, some ISD sellers do put this term on Android devices, for example, but it’s incorrect, in a tiny minority, and of course misleading.

The IPO also warns people against devices marketed as “Plug and Play” but again this is a dual-use term and shouldn’t put consumers off a purchase without a proper investigation. A search on eBay this morning for that exact term didn’t yield any ISDs at all, only games consoles that can be plugged in and played with a minimum of fuss.

“Subscription Gift”, on the other hand, almost certainly references an illicit IPTV or satellite card-sharing subscription and is rarely used for anything else. 100% illegal, no doubt.

The government continues by giving reasons why people should avoid ISDs, not least since their use deprives the content industries of valuable revenue.

“[The creative industries] provide employment for more than 1.9 million people and contributes £84.1 billion to our economy. Using illicit streaming devices is illegal,” the IPO writes.

“If you are not paying for this content you are depriving industry of the revenue it needs to fund the next generation of TV programmes, films and sporting events we all enjoy. Instead it provides funds for the organized criminals who sell or adapt these illicit devices.”

Then, in keeping with the danger-based narrative employed by the entertainment industries’ recently, the government also warns that ISDs can have a negative effect on child welfare, not to mention on physical safety in the home.

“These devices often lack parental controls. Using them could expose children or young people to explicit or age inappropriate content,” the IPO warns.

“Another important reason for consumers to avoid purchasing these streaming devices is from an electrical safety point of view. Where devices and their power cables have been tested, some have failed EU safety standards and have the potential to present a real danger to the public, causing a fire in your home or premises.”

While there can be no doubt whatsoever that failing EU electrical standards in any way is unacceptable for any device, the recent headlines stating that “Kodi Boxes Can Kill Their Owners” are sensational at best and don’t present the full picture.

As reported this weekend, simply not having a recognized branding on such devices means that they fail electrical standards, with non-genuine phone chargers presenting a greater risk around the UK.

Finally, the government offers some advice for people who either want to get off the ISD gravy train or ensure that others don’t benefit from it.

“These devices can be used legally by removing the software. If you are unsure get advice to help you use the device legally. If you wish to watch content that’s only available via subscription, such as sports, you should approach the relevant provider to find out about legal ways to watch,” the IPO advises.

Get it Right from a Genuine Site helps you get the music, TV, films, games, books, newspapers, magazines and sport that you love from genuine services.”

And, if the public thinks that people selling such devices deserve a visit from the authorities, people are asked to report them to the Crimestoppers charity via an anonymous hotline.

The government’s guidance is exactly what one might expect, given that the advisory is likely to have been strongly assisted by companies including the Federation Against Copyright Theft, Premier League, and Sky, who have taken the lead in this area during the past year or so.

The big question is, however, whether many people using these devices really believe that obtaining subscription TV, movies, and sports for next to free is 100% legal. If there are people out there they must be in the minority but at least the government itself is now putting them on the right path.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Kodi Addon Dev Says “Show of Force” Will Be Met With Defiance

Post Syndicated from Andy original https://torrentfreak.com/kodi-addon-dev-says-show-force-will-met-defiance-171119/

For many years, the members of the MPAA have flexed their muscles all around the globe, working to prevent people from engaging in online piracy. If the last 17 years ‘progress’ is anything to go by, it’s a war that will go on indefinitely.

With Columbia, Disney, Paramount, Twentieth Century Fox, Universal, and Warner on board, the MPAA has historically relied on sheer power to intimidate opponents. That has certainly worked in many large piracy cases but for many peripheral smaller-scale pirates, their presence is largely ignored.

This week, however, several players in the Kodi scene discovered that these giants – and more besides – have the ability to literally turn up at their front door. As reported Thursday, UK-based Kodi addon developer The_Alpha received a hand-delivered cease-and-desist letter from all of the above, accompanied by new faces Netflix, Amazon and Sky TV.

These companies are part of the Alliance for Creativity and Entertainment (ACE), a massive and recently-formed anti-piracy coalition comprised of 30 global entertainment brands. TorrentFreak reached out to The_Alpha for his thoughts on coming under such a dazzling spotlight but perhaps understandably he didn’t want to comment.

The leader of the Ares Project was willing to go on the record, however, after he too received a hand-delivered threat during the week. His decision was to immediately comply and shutdown but TF is informed that others might not be so willing to follow suit.

A Kodi addon developer living in the UK who spoke to us on condition of anonymity told us that most people operating in the scene expected some kind of trouble – just not on this scale.

“Did you see the [company logos] across the top of Alpha’s letter? That’s some serious shit right there. The film companies are no surprise but Amazon delivers my groceries so I don’t expect this shit from them,” he said.

When the ACE partnership was formed earlier this year, it seemed pretty clear that the main drive was towards the pooling of anti-piracy resources to be more effective and efficient. However, it can’t have escaped ACE that such a broad and powerful alliance could also have a profound psychological effect on its adversaries.

“There’s no doubt in my mind that they’re turning up mob-handed to put the shits up people like Alpha and the rest of us,” the developer said. “It’s hardly a fair dust-up is it? What have we got to fight back with, a giro [state benefits]? It’s a show of force, ‘look how important we are’!”

Interestingly, however, the dev told us that it isn’t necessarily the size of the coalition that has him most concerned. What caught his eye was the inclusion of two influential UK-based companies in the alliance.

“Having Sly [a local derogatory nickname for Sky TV] and the Premier League on the letter makes it much more serious to me than seeing Warner or whatever,” he commented.

“I don’t get involved in footie but Sly is everywhere round here and I think it’s something the Brit dev scene might take notice of, even if most say ‘fuck it’ and carry on anyway.”

When questioned whether that’s likely, our source said that while ACE might be able to tackle some of the bigger targets like Ares Project or Colossus, they fundamentally misunderstand how the Kodi scene works.

“If you want a good example of a scattered pirate scene, I give you Kodi. They can bomb the base or whatever but nobody lives there,” he explained.

“There’s some older blokes like me who can do without the stress but a lot of younger coders, builders and YouTubers who thrive on it. They’re used to running around council estates with real-life problems. A faffy letter from some toff in a suit means literally nothing. Like I said, all they have to lose is a giro.”

Whether this is just bravado will remain to be seen, but our earlier discussions with others in the scene indicate a particular weakness in the UK, with many players vulnerable to being found after failing to hide their identities in the past. To a point, our source agrees that this is a problem.

“People are saying that Alpha was found after trying to raise some charity money related to his disabled son but I don’t know for sure and nor does anybody else. What strikes me is that none of us really thought things would get this on top here because all you ever hear about is America this, Canada that, whatever. Does this means that more of us are getting done in England? You tell me,” he said.

Only time will tell but stamping out the pirate Kodi scene is going to be hard work.

Within hours of several projects disappearing Wednesday and Thursday, YouTube and myriad blogs were being flooded with guides detailing immediate replacements. This ad-hoc network of enthusiasts makes the exchange of information happen at an alarming rate and it’s hard to see how any company – no matter how powerful – will ever be able to keep up.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Pirate Site Owner Found Guilty, But He Can Keep The Profits

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-site-owner-found-guilty-can-keep-profits/

Traditionally, Sweden has been rather tough on people who operate file-sharing sites, with The Pirate Bay case as the prime example.

In 2009, four people connected to the torrent site were found guilty of assisting copyright infringement. They all received stiff prison sentences and millions of dollars in fines.

The guilty sentence was upheld in an appeal. While the prison terms of Peter Sunde, Fredrik Neij and Carl Lundström were reduced to eight, ten and four months respectively, the fines swelled to $6.5 million.

This week another torrent related filesharing case concluded in Sweden, but with an entirely different outcome. IDG reports that the 47-year-old operator of Filmfix was sentenced to 120 hours of community service.

Filmfix.se offered community-curated links to a wide variety of pirated content hosted by external sources, including torrent sites. The operator charged users 10 Swedish Krona per month to access the service, which is little over a dollar at the current exchange rate.

With thousands of users, Filmfix provided a decent income. The site was active for more than six years and between April 2012 and October 2013 alone it generated over $88,000 in revenue. Interestingly, the court decided that the operator can keep this money.

Filmfix

While the District Court convicted the man for facilitating copyright infringement, there was no direct link between the subscription payments and pirated downloads. The paying members also had access to other unrelated features, such as the forums and chat.

Henrik Pontén, head of the local Rights Alliance, which reported the site to the police, stated that copyright holders have not demanded any damages. They may, however, launch a separate civil lawsuit in the future.

The man’s partner, who was suspected of helping out and owned the company where Filmfix’s money went to, was acquitted entirely by the District Court.

The 120-hours of community service stands in stark contrast to the prison sentences and millions of dollars in fines in The Pirate Bay case, despite there being quite a few similarities. Both relied on content uploaded by third parties and didn’t host any infringing files directly.

The lower sentence may in part be due to a fresh Supreme Court ruling in Sweden. In the case against an operator of the now-defunct private torrent tracker Swepirate, the Court recently ruled that prison sentences should not automatically be presumed in file-sharing cases.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Ares Kodi Project Calls it Quits After Hollywood Cease & Desist

Post Syndicated from Andy original https://torrentfreak.com/ares-kodi-project-calls-it-quits-after-hollywood-cease-desist-171117/

This week has been particularly bad for those involved in the Kodi addon scene. Following cease-and-desist notices from the MPA-led anti-piracy coalition Alliance for Creativity and Entertainment, several addon developers and repositories shut down.

With Columbia, Disney, Paramount, Twentieth Century Fox, Universal, Warner, Netflix, Amazon and Sky TV all lined up for war, the third-party developers had little choice but to quit. One of those affected was the leader of the hugely popular Ares Project, which quietly disappeared mid-week.

The Ares Wizard was an extremely popular and important piece of software which allowed people to switch Kodi builds, install third-party addons, install popular repositories, change system settings, and carry out backups. It’s installed on huge numbers of machines worldwide but it will soon fall into disrepair.

The mighty Ares Wizard in action

“[This week] I was subject to a hand-delivered notice to cease-and-desist from MPA & ACE,” Ares Project leader Tekto informs TorrentFreak.

“Given the notice, we obviously shut down the repo and wizard as requested.”

The news that Ares Project is done and never coming back will be a huge blow to the community. The project just celebrated its second birthday and has grown exponentially since it first arrived on the scene.

“Ares Project started in Oct 2015. Originally it was to be a tool to setup up the video cache on Kodi correctly. However, many ideas were thrown into the pot and it became a wee bit more; such as a wizard to install community provided builds, common addons and few other tweaks and options,” Tekto says.

“For my own part I started blogging earlier that year as part of a longer-term goal to be self-funding. I always disliked seeing begging bowls out to support ‘server’ costs, many of which were cheap £5-10 per month servers that were used to gain £100s in donations.

“The blog, via affiliate links and ads, could and would provide the funds to cover our hosting costs without resorting to begging for money every weekend.”

Intrigued by this first wave of actions by ACE in Europe, TorrentFreak asked for a copy of the MPA/ACE cease-and-desist notice but unfortunately, Tekto flat-out refused. All he would tell us is that he’d agreed not to give out any copies or screenshots and that he was adhering to that 100%.

That only leaves speculation as to what grounds the MPA/ACE cited for closing the project but to be fair, it doesn’t take much thought to find a direct comparison. Earlier this year, in the BREIN v Filmspeler case, the European Court of Justice (ECJ) ruled that selling “fully-loaded” Kodi boxes amounted to illegally communicating copyrighted content to the public.

With that in mind, it doesn’t take much of a leap to see how this ruling could also apply to someone distributing “fully-loaded” Kodi software builds or addons via a website. It had previously been considered a legal gray area, of course, and it was in that space that the Ares team believed it operated. After all, it took ECJ clarification for local courts in the Netherlands to be satisfied with the legal position.

“There was never any question that what we were doing was illegal. We didn’t and never have hosted any content, we always prevented discussions about illegal paid services, and never sold any devices, pre-loaded or otherwise. That used to be enough to occupy the ‘gray’ area which meant we were safe to develop our applications. That changed in 2017 as we were to discover,” Tekto notes.

Up until this week and apparently oblivious to how the earlier ECJ ruling might affect their operation, things had been going extremely well for Ares. In mid-2016, the group moved to its own support forum that attracted 100,000 signed-up members and 300,000 visitors every month.

“This was quite an achievement in terms of viral marketing but ultimately this would become part of our downfall,” Tekto says.

“The recent innovation of the ‘basket driven’ Ares Portal system seems to have triggered the legal move to shut the project down completely. This simple system gave access to hundreds of add-ons. The system removed the need for builds, blogs and YouTubers – you just shopped on the site for addons and then installed them to your device with a simple 6 digit code.”

While Ares and Tekto still didn’t believe they were doing anything illegal (addons were linked, not hosted) it is now pretty clear to them that the previous gray area has been well and truly closed, at least as far as the MPA/ACE alliance is concerned. And with that in mind, the show is over. Done. Finished.

“We are not criminals or malicious hackers, we weren’t even careful about hiding our identities. You couldn’t meet a more ordinary bunch of folks in truth,” he says.

“There was never any question we would close our doors if what we were doing crossed any boundaries of legality. So with the notice served on us, we are closing our doors and removing all our websites and applications. It’s a sad day in many ways, but nobody wants to be facing court or a potential custodial sentence, for what is essentially a hobby.”

Finally, Tekto says that others like him might want to consider their positions carefully, before they too get a knock at the door. In the meantime, he gives thanks to the project’s supporters, who have remained loyal over the past two years.

“It just leaves me to thank our users for their support and step away from the Kodi scene,” he concludes.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Center For Justice Wants Court to Unveil Copyright Trolling Secrets

Post Syndicated from Ernesto original https://torrentfreak.com/center-for-justice-wants-court-to-unveil-copyright-trolling-secrets-171116/

Mass-piracy lawsuits have been plaguing the U.S. for years, targeting hundreds of thousands of alleged downloaders.

While the numbers are massive, there are only a few so-called “copyright trolling” operations running the show.

These are copyright holders, working together with lawyers and piracy tracking firms, trying to extract cash settlements from alleged subscribers.

Getting a settlement is also what the makers of the “Elf-Man” movie tried when they targeted Ryan Lamberson of Spokane Valley, Washington. Unlike most defendants, however, Lamberson put up a fight, questioning the validity of the evidence. After the filmmaker pulled out, the accused pirate ended up winning $100,000 in attorney fees.

All this happened three years ago but it appears that there might be more trouble in store for Elf-Man and related companies.

The Washington non-profit organization Center for Justice (CFJ) recently filed a motion to intervene in the case. The group, which aims to protect “the wider community from abuse by the moneyed few,” has asked the court to unseal several documents that could reveal more about how these copyright trolls operate.

The non-profit asks the court to open up several filings to the public that may reveal how film companies, investigators, and lawyers coordinated an illegal settlement factory.

“The CFJ’s position is simple: if foreign data collectors and local lawyers are feeding on the subpoena power of federal courts to extract settlements from innocent people, then the public deserves to know.

“What makes this case so important is that, based on the unsealed exhibits and declarations, it appears that a German operation is providing the ‘investigators’ and ‘experts’ that claim to identify infringing activities, but its investigators apparently have a direct financial interest and the ‘software’ is questionable at best,” CFJ adds.

Another problem mentioned by the non-profit organization is that not all defense lawyers are familiar with these ‘trolling’ cases. They sometimes need dozens of hours to research them, which costs the defendant more than the cash settlement deal offered by the copyright holder.

As a result, paying off the trolls may seem like the most logical and safe option to the accused, even when they are innocent.

CFJ hopes that the sealed documents will help to expose the copyright trolls’ “mushrooming” enterprise, not just in this particular case, but also in many similar cases where people are pressured into settling.

“The entire lawsuit may have been a sham. Which is where CFJ comes in. Money and information remain the most significant hurdles for those being named as defendants in lawsuits like this one who receive threatening settlement letters like the one Mr. Lamberson received.

“CFJ’s goal is to level the playing field and reduce the plaintiffs’ informational advantage. The common-law right of access to judicial records is especially important where, as here, the copyright ‘trolling’ risks infecting the judicial system,” the non-profit adds.

The recent filings were spotted by SJD from Fight Copyright Trolls, who rightfully notes that we still have to see whether the documents will be made public, or not. If they are indeed unsealed, it may trigger a response from other accused pirates, perhaps even a class action suit.

—–

Center For Justice’s full motion to intervene is available here (pdf).

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Judge Puts Brakes on Piracy Cases, Doubts Evidence Against Deceased Man

Post Syndicated from Ernesto original https://torrentfreak.com/judge-puts-brakes-on-piracy-cases-doubts-evidence-against-deceased-man-171114/

In recent years, file-sharers around the world have been pressured to pay significant settlement fees, or face legal repercussions.

These so-called “copyright trolling” efforts have been a common occurrence in the United States for more than half a decade, and still are.

While copyright holders should be able to take legitimate piracy claims to court, there are some who resort to dodgy tactics to extract money from alleged pirates. The evidence isn’t exactly rock-solid either, which results in plenty of innocent targets.

A prime candidate for the latter category is a man who was sued by Venice PI, a copyright holder of the film “Once Upon a Time in Venice.” He was sued not once, but twice. That’s not the problem though. What stood out is that defendant is no longer alive.

The man’s wife informed a federal court in Seattle that he passed away recently, at the respectable age of 91. While age doesn’t prove innocence, the widow also mentioned that her husband suffered from dementia and was both mentally and physically incapable of operating a computer at the time of the alleged offense.

These circumstances raised doubt with US District Court Judge Thomas Zilly, who brought them up in a recent order (citations omitted).

“In two different cases, plaintiff sued the same, now deceased, defendant, namely Wilbur Miller. Mr. Miller’s widow submitted a declaration indicating that, for about five years prior to his death at the age of 91, Mr. Miller suffered from dementia and was both mentally and physically incapable of operating a computer,” the Judge writes.

The Judge notes that the IP-address tracking tools used by the copyright holder might not be as accurate as is required. In addition, he adds that the company can’t simply launch a “fishing expedition” based on the IP-address alone.

“The fact that Mr. Miller’s Internet Protocol (‘IP’) address was nevertheless identified as part of two different BitTorrent ‘swarms’ raises significant doubts about the accuracy of whatever IP-address tracking method plaintiff is using.

“Moreover, plaintiff may not, based solely on IP addresses, launch a fishing expedition aimed at coercing individuals into either admitting to copyright infringement or pointing a finger at family members, friends, tenants, or neighbors. Plaintiff must demonstrate the plausibility of their claims before discovery will be permitted,” Judge Zilly adds.

From the order

Since the copyright holder has only provided an IP-address as evidence, the plausibility of the copyright infringement claims is not properly demonstrated. This means that the holder was not allowed to conduct discovery, which includes discussions with defendants.

The court, therefore, ordered Venice PI to cease all communication with defendants effective immediately, until further notice. This order applies to a dozen cases which are now effectively on hold.

The copyright holder has been given 28 days to provide more information on several issues related to the evidence gathering. This offer of proof should be supported by a declaration of an expert in the field.

The Judge wants to know if an IP-address can be spoofed or faked by a BitTorrent tracker, and if so, how likely this is. In addition, he questions if the material that was tracked (possible only part of a download) is actually playable. And finally, the Judge asks what other evidence Venice PI has against each defendant, aside from the IP-address.

“In the absence of a timely filed offer of proof, plaintiff’s claims will be dismissed with prejudice and without costs, and these cases will be closed,” Judge Zilly warns.

The harsh order was noticed by copyright troll skeptic FCT, who notes that Venice PI will have a hard time providing the requested proof.

Venice and other “copyright trolls” use the German company Maverickeye to track BitTorrent pirates on a broad scale. They are also active with their settlement demands in various other countries, most recently in Sweden.

If the provided proof is not sufficient in the court’s opinion, it will be hard for them and other rightsholders to continue their practices in the Washington district.

The full order is available here (pdf).

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

The Pirate Bay & 1337x Must Be Blocked, Austrian Supreme Court Rules

Post Syndicated from Andy original https://torrentfreak.com/the-pirate-bay-1337x-must-be-blocked-austrian-supreme-court-rules-171014/

Following a long-running case, in 2015 Austrian ISPs were ordered by the Commercial Court to block The Pirate Bay and other “structurally-infringing” sites including 1337x.to, isohunt.to, and h33t.to.

The decision was welcomed by the music industry, which looked forward to having more sites blocked in due course.

Soon after, local music rights group LSG sent its lawyers after several other large ISPs urging them to follow suit, or else. However, the ISPs dug in and a year later, in May 2016, things began to unravel. The Vienna Higher Regional Court overruled the earlier decision of the Commercial Court, meaning that local ISPs were free to unblock the previously blocked sites.

The Court concluded that ISP blocks are only warranted if copyright holders have exhausted all their options to take action against those actually carrying out the infringement. This decision was welcomed by the Internet Service Providers Austria (ISPA), which described the decision as an important milestone.

The ISPs argued that only torrent files, not the content itself, was available on the portals. They also had a problem with the restriction of access to legitimate content.

“A problem in this context is that the offending pages also have legal content and it is no longer possible to access that if barriers are put in place,” said ISPA Secretary General Maximilian Schubert.

Taking the case to its ultimate conclusion, the music companies appealed to the Supreme Court. Another year on and its decision has just been published and for the rightsholders, who represent 3,000 artists including The Beatles, Justin Bieber, Eric Clapton, Coldplay, David Guetta, Iggy Azalea, Michael Jackson, Lady Gaga, Metallica, George Michael, One Direction, Katy Perry, and Queen, to name a few, it was worth the effort.

The Court looked at whether “the provision and operation of a BitTorrent platform with the purpose of online file sharing [of non-public domain works]” represents a “communication to the public” under the EU Copyright Directive. Citing the now-familiar BREIN v Filmspeler and BREIN v Ziggo and XS4All cases that both received European Court of Justice rulings earlier this year, the Supreme Court concluded it was.

Citing another Dutch case, in which Playboy publisher Sanoma took on the blog GeenStijl.nl, the Court noted that linking to copyrighted content hosted elsewhere also amounted to a “communication to the public”, a situation mirrored on torrent sites like The Pirate Bay.

“The similarity of the technical procedure in this case when compared to BitTorrent platforms lies in the fact that in both cases the operators of the website did not provide any copyrighted works themselves, but merely provided further information on sites where the protected works were available,” the Court notes in its ruling.

In respect of the potential for blocking legitimate content as well as that infringing copyright, the Court turned the ISPs’ own arguments against them somewhat.

The ISPs had previously argued that blocking The Pirate Bay and other sites was pointless since the torrents they host would still be available elsewhere. The Court noted that point and also found that people can easily upload their torrents to sites that aren’t blocked, since there’s plenty of choice.

The ISPA criticized the Supreme Court’s ruling, noting that in future ISPs will still find themselves being held responsible for decisions concerning blocking.

“We do not support illegal content on the Internet in any way, but consider it extremely questionable that the decision on what is illegal and what is not falls to ISPs, instead of a court,” said ISPA Secretary General Maximilian.

“Although we find it positive that a court of last resort has taken the decision, the assessment of the website in the first instance continues to be left to the Internet provider. The Supreme Court’s expansion of the circle of sites that be potentially blocked further complicates this task for the operator and furthers the privatization of law enforcement.

“It is extremely unpleasant that even after more than 10 years of fierce discussion, there is still no compelling legal basis for a court decision on Internet blocking, which puts providers in the role of both judge and hangman.”

Also of interest is ISPA’s stance on how blocking of content fails to solve the underlying issue. When content is blocked, rather than removed, it simply displaces the problem, leaving others to pick up the pieces, the Internet body argues.

“Illegal content is permanently removed from the network by deletion. Everything else is a placebo with extremely dangerous side effects, which can easily be bypassed by both providers and consumers. The only thing that remains is a blocking infrastructure that can be misused for many purposes and, unfortunately, will be used in many places,” Schubert says.

“The current situation, where providers have to block the rightsholders quasi on the spot, if they do not want to engage in a time-consuming and cost-intensive litigation, is really not sustainable so we issue a call to action to the legislature.”

The domains that were listed in the case, many of which are already defunct, are: thepiratebay.se, thepiratebay.gd, thepiratebay.la, thepiratebay.mn, thepiratebay.mu, thepiratebay.sh, thepiratebay.tw, thepiratebay.fm, thepiratebay.ms, thepiratebay.vg, isohunt.to, 1337x.to and h33t.to.

Whether it will be added later is unclear, but the only domain currently used by The Pirate Bay (thepiratebay.org) is not included in the list.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Community Profile: Matthew Timmons-Brown

Post Syndicated from Alex Bate original https://www.raspberrypi.org/blog/community-profile-matthew-timmons-brown/

This column is from The MagPi issue 57. You can download a PDF of the full issue for free, or subscribe to receive the print edition in your mailbox or the digital edition on your tablet. All proceeds from the print and digital editions help the Raspberry Pi Foundation achieve its charitable goals.

“I first set up my YouTube channel because I noticed a massive lack of video tutorials for the Raspberry Pi,” explains Matthew Timmons-Brown, known to many as The Raspberry Pi Guy. At 18 years old, the Cambridge-based student has more than 60 000 subscribers to his channel, making his account the most successful Raspberry Pi–specific YouTube account to date.

Matthew Timmons-Brown

Matt gives a talk at the Raspberry Pi 5th Birthday weekend event

The Raspberry Pi Guy

If you’ve attended a Raspberry Pi event, there’s a good chance you’ve already met Matt. And if not, you’ll have no doubt come across one or more of his tutorials and builds online. On more than one occasion, his work has featured on the Raspberry Pi blog, with his yearly Raspberry Pi roundup videos being a staple of the birthday celebrations.

Matthew Timmons-Brown

With his website, Matt aimed to collect together “the many strands of The Raspberry Pi Guy” into one, neat, cohesive resource — and it works. From newcomers to the credit card-sized computer to hardened Pi veterans, The Raspberry Pi Guy offers aid and inspiration for many. Looking for a review of the Raspberry Pi Zero W? He’s filmed one. Looking for a step-by-step guide to building a Pi-powered Amazon Alexa? No problem, there’s one of those too.

Make your Raspberry Pi artificially intelligent! – Amazon Alexa Personal Assistant Tutorial

Artificial Intelligence. A hefty topic that has dominated the field since computers were first conceived. What if I told you that you could put an artificial intelligence service on your own $30 computer?! That’s right! In this tutorial I will show you how to create your own artificially intelligent personal assistant, using Amazon’s Alexa voice recognition and information service!

Raspberry Pi electric skateboard

Last summer, Matt introduced the world to his Raspberry Pi-controlled electric skateboard, soon finding himself plastered over local press as well as the BBC and tech sites like Adafruit and geek.com. And there’s no question as to why the build was so popular. With YouTubers such as Casey Neistat increasing the demand for electric skateboards on a near-daily basis, the call for a cheaper, home-brew version has quickly grown.

DIY 30KM/H ELECTRIC SKATEBOARD – RASPBERRY PI/WIIMOTE POWERED

Over the summer, I made my own electric skateboard using a £4 Raspberry Pi Zero. Controlled with a Nintendo Wiimote, capable of going 30km/h, and with a range of over 10km, this project has been pretty darn fun. In this video, you see me racing around Cambridge and I explain the ins and outs of this project.

Using a Raspberry Pi Zero, a Nintendo Wii Remote, and a little help from members of the Cambridge Makespace community, Matt built a board capable of reaching 30km/h, with a battery range of 10km per charge. Alongside Neistat, Matt attributes the project inspiration to Australian student Tim Maier, whose build we previously covered in The MagPi.

Matthew Timmons-Brown and Eben Upton standing in a car park looking at a smartphone

LiDAR

Despite the success and the fun of the electric skateboard (including convincing Raspberry Pi Trading CEO Eben Upton to have a go for local television news coverage), the project Matt is most proud of is his wireless LiDAR system for theoretical use on the Mars rovers.

Matthew Timmons-Brown's LiDAR project for scanning terrains with lasers

Using a tablet app to define the angles, Matt’s A Level coursework LiDAR build scans the surrounding area, returning the results to the touchscreen, where they can be manipulated by the user. With his passion for the cosmos and the International Space Station, it’s no wonder that this is Matt’s proudest build.

Built for his A Level Computer Science coursework, the build demonstrates Matt’s passion for space and physics. Used as a means of surveying terrain, LiDAR uses laser light to measure distance, allowing users to create 3D-scanned, high-resolution maps of a specific area. It is a perfect technology for exploring unknown worlds.

Matthew Timmons-Brown and two other young people at a reception in the Houses of Parliament

Matt was invited to St James’s Palace and the Houses of Parliament as part of the Raspberry Pi community celebrations in 2016

Joining the community

In a recent interview at Hills Road Sixth Form College, where he is studying mathematics, further mathematics, physics, and computer science, Matt revealed where his love of electronics and computer science started. “I originally became interested in computer science in 2012, when I read a tiny magazine article about a computer that I would be able to buy with pocket money. This was a pretty exciting thing for a 12-year-old! Your own computer… for less than £30?!” He went on to explain how it became his mission to learn all he could on the subject and how, months later, his YouTube channel came to life, cementing him firmly into the Raspberry Pi community

The post Community Profile: Matthew Timmons-Brown appeared first on Raspberry Pi.

Hollywood Studios Force ISPs to Block Popcorn Time & Subtitle Sites

Post Syndicated from Andy original https://torrentfreak.com/court-orders-isps-to-block-popcorn-time-subtitle-websites-171113/

Early 2014, a new craze was sweeping the piracy world. Instead of relatively cumbersome text-heavy torrent sites, people were turning to a brand new application called Popcorn Time.

Dubbed the Netflix for Pirates due to its beautiful interface, Popcorn Time was soon a smash hit all over the planet. But with that fame came trouble, with anti-piracy outfits all over the world seeking to shut it down or at least pour cold water on its popularity.

In the meantime, however, the popularity of Kodi skyrocketed, something which pushed Popcorn Time out of the spotlight for a while. Nevertheless, the application in several different forms never went away and it still enjoys an impressive following today. This means that despite earlier action in several jurisdictions, Hollywood still has it on the radar.

The latest development comes out of Norway, where Disney Entertainment, Paramount Pictures Corporation, Columbia Pictures, Twentieth Century Fox Film Corporation, Universal City Studios and Warner Bros. have just taken 14 local Internet service providers to court.

The studios claimed that the ISPs (including Telenor, Nextgentel, Get, Altibox, Telia, Homenet, Ice Norge, Eidsiva Bredbånd and Lynet Internet) should undertake broad blocking action to ensure that three of the most popular Popcorn Time forks (located at popcorn-time.to, popcorntime.sh and popcorn-time.is) can no longer function in the region.

Since site-blocking necessarily covers the blocking of websites, there appears to have been much discussion over whether a software application can be considered a website. However, the court ultimately found that wasn’t really an issue, since each application requires websites to operate.

“Each of the three [Popcorn Time variants] must be considered a ‘site’, even though users access Popcorn Time in a way that is technically different from the way other pirate sites provide users with access to content, and although different components of the Popcorn Time service are retrieved from different domains,” the Oslo District Court’s ruling reads.

In respect of all three releases of Popcorn Time, the Court weighed the pros and cons of blocking, including whether blocking was needed at all. However, it ultimately decided that alternative methods for dealing with the sites do not exist since the rightsholders tried and ultimately failed to get cooperation from the sites’ operators.

“All sites have as their main purpose the purpose of facilitating infringement of protected works by giving the public unauthorized access to movies and TV shows. This happens without regard to the rights of others and imposes major losses on the licensees and the cultural industry in general,” the Court writes.

The Court also supported compelling ISPs to introduce the blocks, noting that they are “an appropriate and proportionate measure” that does not interfere with the Internet service providers’ freedom to operate nor anyone’s else’s right to freedom of expression.

But while the websites in question are located in three places (popcorn-time.to, popcorntime.sh and popcorn-time.is) the Court’s blocking order goes much further. Not only does it cover these key domains but also other third-party sites that Popcorn Time utilizes, such as platforms offering subtitles.

Popcorn-time.to related domains to be blocked: popcorn-time.to, popcorn-time.xyz, popcorn-time.se, iosinstaller.com, video4time.info, thepopcorntime.net, timepopcorn.info, time-popcorn.com, the-pop-corn-time.net, timepopcorn.net, time4videostream.com, ukfrnlge.xyz, opensubtitles.org, onlinesubtitles.com, popcorntime-update.xyz, plus subdomains.

Popcorntime.sh related domains to be blocked: Popcorntime.sh, api-fetch.website, yts.ag, opensubtitles.org, plus subdomains.

Popcorn-time.is related domains to be blocked: popcorn-time.is, yts.ag, yify.is, yts.ph, api-fetch.website, eztvapi.ml and opensubtitles.org, plus subdomains.

Separately, the Court ordered the ISPs to block torrent site YTS.ag and onlinesubtitles.com, opensubtitles.org, plus their subdomains.

Since no one appeared to represent the sites and the ISPs can’t be held responsible if they cooperate, the Court found that the studios had succeeding in their action and are entitled to compensation.

“The Court’s conclusions mean that the plaintiffs have won the case and, in principle, are entitled to compensation for their legal costs from the operators of the sites,” the Court notes. “This means that the operators of sites are ordered to pay the plaintiffs’ costs.”

Those costs amount to 570,000 kr (around US$70,000), an amount which the Court chose to split equally between the three Popcorn Time forks ($23,359 each). It seems unlikely the amounts will ever be recovered although there is still an opportunity for the parties to appeal.

In the meantime the ISPs have just days left to block the sites listed above. Once they’ve been put in place, the blocks will remain in place for five years.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons