Tag Archives: germany

EU Piracy Report Suppression Raises Questions Over Transparency

Post Syndicated from Andy original https://torrentfreak.com/eu-piracy-report-suppression-raises-questions-transparency-170922/

Over the years, copyright holders have made hundreds of statements against piracy, mainly that it risks bringing industries to their knees through widespread and uncontrolled downloading from the Internet.

But while TV shows like Game of Thrones have been downloaded millions of times, the big question (one could argue the only really important question) is whether this activity actually affects sales. After all, if piracy has a massive negative effect on industry, something needs to be done. If it does not, why all the panic?

Quite clearly, the EU Commission wanted to find out the answer to this potential multi-billion dollar question when it made the decision to invest a staggering 360,000 euros in a dedicated study back in January 2014.

With a final title of ‘Estimating displacement rates of copyrighted content in the EU’, the completed study is an intimidating 307 pages deep. Shockingly, until this week, few people even knew it existed because, for reasons unknown, the EU Commission decided not to release it.

However, thanks to the sheer persistence of Member of the European Parliament Julia Reda, the public now has a copy and it contains quite a few interesting conclusions. But first, some background.

The study uses data from 2014 and covers four broad types of content: music,
audio-visual material, books and videogames. Unlike other reports, the study also considered live attendances of music and cinema visits in the key regions of Germany, UK, Spain, France, Poland and Sweden.

On average, 51% of adults and 72% of minors in the EU were found to have illegally downloaded or streamed any form of creative content, with Poland and Spain coming out as the worst offenders. However, here’s the kicker.

“In general, the results do not show robust statistical evidence of displacement of sales by online copyright infringements,” the study notes.

“That does not necessarily mean that piracy has no effect but only that the statistical analysis does not prove with sufficient reliability that there is an effect.”

For a study commissioned by the EU with huge sums of public money, this is a potentially damaging conclusion, not least for the countless industry bodies that lobby day in, day out, for tougher copyright law based on the “fact” that piracy is damaging to sales.

That being said, the study did find that certain sectors can be affected by piracy, notably recent top movies.

“The results show a displacement rate of 40 per cent which means that for every ten recent top films watched illegally, four fewer films are consumed legally,” the study notes.

“People do not watch many recent top films a second time but if it happens, displacement is lower: two legal consumptions are displaced by every ten illegal second views. This suggests that the displacement rate for older films is lower than the 40 per cent for recent top films. All in all, the estimated loss for recent top films is 5 per cent of current sales volumes.”

But while there is some negative effect on the movie industry, others can benefit. The study found that piracy had a slightly positive effect on the videogames industry, suggesting that those who play pirate games eventually become buyers of official content.

On top of displacement rates, the study also looked at the public’s willingness to pay for content, to assess whether price influences pirate consumption. Interestingly, the industry that had the most displaced sales – the movie industry – had the greatest number of people unhappy with its pricing model.

“Overall, the analysis indicates that for films and TV-series current prices are higher than 80 per cent of the illegal downloaders and streamers are willing to pay,” the study notes.

For other industries, where sales were not found to have been displaced or were positively affected by piracy, consumer satisfaction with pricing was greatest.

“For books, music and games, prices are at a level broadly corresponding to the
willingness to pay of illegal downloaders and streamers. This suggests that a
decrease in the price level would not change piracy rates for books, music and
games but that prices can have an effect on displacement rates for films and
TV-series,” the study concludes.

So, it appears that products that are priced fairly do not suffer significant displacement from piracy. Those that are priced too high, on the other hand, can expect to lose some sales.

Now that it’s been released, the findings of the study should help to paint a more comprehensive picture of the infringement climate in the EU, while laying to rest some of the wild claims of the copyright lobby. That being said, it shouldn’t have taken the toils of Julia Reda to bring them to light.

“This study may have remained buried in a drawer for several more years to come if it weren’t for an access to documents request I filed under the European Union’s Freedom of Information law on July 27, 2017, after having become aware of the public tender for this study dating back to 2013,” Reda explains.

“I would like to invite the Commission to become a provider of more solid and timely evidence to the copyright debate. Such data that is valuable both financially and in terms of its applicability should be available to everyone when it is financed by the European Union – it should not be gathering dust on a shelf until someone actively requests it.”

The full study can be downloaded here (pdf)

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Съд на ЕС: публикуване на снимки на обвиняем

Post Syndicated from nellyo original https://nellyo.wordpress.com/2017/09/21/echr_privacy_v_speech/

В  решение от 21 септември 2017 г. по делото Axel Springer SE & RTL Television GmbH v Germany ( 51405/12) Европейският съд по правата на човека единодушно реши, че няма нарушение на член 10 (свобода  на изразяване) на Европейската конвенция за правата на човека. В състава е и българският съдия Йонко Грозев.

Съдебен акт, издаден в Германия,   забранява публикуването на изображения, с които може да бъде идентифициран обвиняемият в наказателен процес за убийство. Съдът за правата на човека приема, че националният съдия внимателно е балансирал противоположните интереси,  преследваната от мярката цел  –  защита на личната неприкосновеност на обвиняемия (който не е бил публична личност)   по време на процеса  – е оправдана. 

Фактите

Жалбоподателите са  издателство Axel Springer SE   и   RTL Television GmbH. Те отразяват съдебен процес срещу С., признал на полицията, че е убил родителите си и  обвинен в убийство.   Фотографи от двете дружества присъстват на съдебните заседания. Преди началото на първото заседание  председателят на съда напомня презумпцията за невиновност и  информира журналистите, че лицето трябва да бъде направено неидентифицируемо на изображения, които ще се публикуват.  Няколко дни след първото заседание председателстващият съдия изпраща и мотивирана заповед до редица журналисти, като заявява, че само фотографите, дали  уверения, че  на техните снимки лицето С. ще бъде неидентифицируемо, например чрез размиване  на образа,  имат разрешение да правят снимки.  Той отбелязва по-специално, че правото на защита на личния живот  на С.   надвишава  обществения интерес от информираност за процеса.

Медиите са възразили, че  С. е признал   престъплението в първия ден от производството. Възражението е отхвърлено. Междувременно С. е осъден за убийство.  Axel Springer SE   и   RTL Television GmbН   подават жалба за нарушение на чл.10 – свобода на изразяване.

Решението

Съдът отбелязва, че заснемането не е било ограничено. Ограничението засяга само публикуването на изображения, в които С. може да бъде идентифициран.
Относно балансирането на права: ЕСПЧ напомня критерии, които се прилагат при балансирането на конкурентни права –  приносът към дебати от обществен интерес, степента, до която засегнатото лице е известно, влиянието върху наказателното производство , обстоятелствата, при които са направени снимките, съдържанието, формата и последиците от публикацията, както и тежестта на наложената санкция [42].

С. несъмнено не е публична фигура.  Информацията за физическия вид на С. не би могла да допринесе  за разискването на случая. Липсва преобладаващ обществен интерес.

С. не търси известност, не е давал съгласие за медийно отразяване, но като обвиняем е принуден да присъства на процеса. Съдът намира, че при дадените обстоятелства има силна нужда да се защити личната му неприкосновеност.
 
Що се отнася до факта, че С. е признал за престъплението,  признаването само по себе си не спира действието на презумпцията за невиновност по време на съдебен процес. Това се налага още повече, тъй като С. страда от шизоидно разстройство на личността. 

И накрая, трябва  да се вземе предвид, че публикуването на изображения, в които ответникът би могъл да бъде идентифициран, може да има отрицателни последици за   социалната рехабилитация на лицето, в случай, че бъде осъдено.

Няма  нарушение на ЕКПЧ.

Съдът напомня в решението, че в тази област е издадена препоръка  Rec(2003)13 на Комитета на министрите на Съвета на Европа, и в частност напомня Принцип 8.

Принцип 8 – Защита на личния живот в контекста на продължаващото наказателно производство

Предоставянето на информация за заподозрени лица, обвиняеми или осъдени лица или други лица в наказателното производство следва да зачита тяхното право на защита на личния живот в съответствие с член 8 от Конвенцията. Особена защита следва да се предостави на непълнолетни лица или други уязвими лица, както и на жертви, на свидетели и семейства на заподозрени, обвиняеми и осъдени. Във всички случаи следва да се обърне особено внимание на вредното въздействие, което може да има върху лицата, посочени в този принцип, разкриването на информация, позволяваща тяхното идентифициране.

Filed under: Media Law Tagged: еспч

FSFE: Public Money? Public Code!

Post Syndicated from ris original https://lwn.net/Articles/733604/rss

The Free Software Foundation Europe has joined several
organizations
in publishing an open letter urging lawmakers
to advance legislation requiring publicly financed software developed for
the public sector be made available under a Free and Open Source Software
license. “The initial signatories include CCC, EDRi, Free Software
Foundation Europe, KDE, Open Knowledge Foundation Germany, openSUSE, Open
Source Business Alliance, Open Source Initiative, The Document Foundation,
Wikimedia Deutschland, as well as several others; they ask individuals and
other organisation to sign the open letter. The open letter will be sent to candidates for the German Parliament election and, during the coming months, until the 2019 EU parliament elections, to other representatives of the EU and EU member states.

ЕСПЧ: висока степен на защита на свободата на словото при отразяване на съдебната система

Post Syndicated from nellyo original https://nellyo.wordpress.com/2017/09/13/echr_10/

Още едно решение на Съда за правата на човека, в което се обсъжда критичната функция на медиите по отношение на лица от съдебната система. И отново тази предметна област е подчертана като област, представляваща значителен обществен интерес.

*

В решението   по делото Tavares de Almeida Fernandes and Almeida Fernandes v. Portugal  ЕСПЧ констатира нарушение на чл.10 – свобода на изразяване.

В началото са припомнени общи принципи, които Съдът прилага при решенията по чл.10 ЕКПЧ, като се казва [53-59], че

  • Общите принципи за преценка дали намесата в упражняването на правото на свобода на изразяване е “необходима в едно демократично общество” по смисъла на член 10 § 2 от Конвенцията са добре установени в съдебната практика на Съда. Наскоро те бяха обобщени в решенията по дела Bédat v Switzerland   (2016 г.) и Pentikäinen v. Finland [GC] ( 2015 г. ).
  • Журналистическата свобода   обхваща евентуално преувеличаване или дори провокация (вж. Prager и Oberschlick).
  • Чл.10 няма указания за ограничаване на политическото слово или за дебатите по въпроси от обществен интерес (виж Morice  v France 2015 г., с по-нататъшни препратки). Висока степен на защита на свободата на изразяване  обикновено се предоставя, когато се засяга въпрос от обществен интерес, какъвто е случаят по-специално с функционирането на съдебната система (пак там).
  • Съдът   винаги е правил разграничение между твърдения за факти, от една страна,  и оценки. Съществуването на факти може да се докаже, истинността на оценките  – не. Ако обаче дадено твърдение представлява оценка, пропорционалността на намесата зависи от това дали има достатъчна  фактическа основа  за оспорваното твърдение: ако не, тази оценка може да се окаже прекомерна (вж. Lindon, Otchakovsky- Laurens и др. срещу Франция).
  • Защитата, предоставена от член 10 на журналисти във връзка с  въпроси от обществен интерес, е подчинена на условието те да действат добросъвестно и  да предоставят точна и надеждна информация в съответствие с етиката на журналистиката ( виж Божков срещу България 2011 г.). В ситуации, в които има твърдение за факт без достатъчно доказателства  – но журналистът обсъжда въпрос от истински обществен интерес – се проверява дали журналистът е действал професионално и добросъвестно (Касабова срещу България).
  •  Съдът  проверява дали  е постигнат справедлив баланс между защитата на свободата на изразяване  и защитата на доброто име на засегнатите лица. В два съвсем неотдавнашни случая ЕСПЧ продължи да определя  критерии, които трябва да бъдат взети предвид, когато правото на свобода на изразяване се балансира спрямо правото на зачитане на личния живот (Axel Springer AG v Germany  и Von Hannover v Germany (№ 2).
  •  На последно място, естеството и тежестта на наложените санкции са също фактори, които трябва да бъдат взети предвид при оценката на пропорционалността на намесата. Както вече изтъква Съдът, намесата в свободата на изразяване може да има смразяващ ефект върху упражняването на тази свобода (вж. Morice ).
  • Накрая  Съдът напомня, че  взема предвид обстоятелствата и цялостния контекст, в който са били направени съответните изявления (вж.  Morice,  § 162).

Случаят:

португалски журналист пише редакционна статия, озаглавена “Стратегията на паяка”, в която дава мнението си за избора на съдия  на поста председател на Върховния съд.Той е осъден да плати неимуществени вреди за  нарушаване  на доброто име на съдията – постъпка “с отрицателно въздействие върху личната сфера, включително   семейния и професионалния кръг на ищеца”.

Въпросът е в центъра на оживени дебати в Португалия, което националните съдилища пропускат да вземат предвид.  Няма съмнение, че към този въпрос има значителен обществен интерес. Съдът отбелязва изрично, че функционирането на съдебната система,  която е от съществено значение за всяко демократично общество,  е въпрос от обществен интерес (пак там, § 128). Лицата, които са избрани да представляват различните институции в съдебната система, също представляват значителен интерес. Следователно  ограниченията на свободата на изразяване в тази сфера трябва да се тълкуват стриктно.

Според решението вече е добре установено в практиката на Съда, че членовете на съдебната власт, които действат в качеството си на длъжностни лица, могат да бъдат подложени  на  критика в по-широки граници в сравнение с   обикновените граждани (виж  SARL Libération  § 74 , ЕКПЧ 2008). В същото време Съдът многократно подчертава особената роля   на съдебната власт, която като гарант на справедливостта е фундаментална ценност в държава, ръководена от върховенството на закона. Може да се окаже необходимо съдебната власт да бъде защитавана срещу разрушителните атаки, когато са необосновани.

Португалските съдилища приемат, че личният интерес на ищеца за защитата на репутацията му надхвърля правото  на свобода на изразяване. Те намират, inter alia, че някои твърдения в статията  са  прекомерни, надхвърлят границите на приемливата критика и правото на информиране и представляват атака срещу правата на личността на новия председател на ВС.

Според ЕСПЧ:

На първо място  Съдът отбелязва, че тези изявления представляват оценки, при това с достатъчна фактическа основа.

На второ място Съдът приема, че националните съдилища не са коментирали метафоричния тон на оспорваните твърдения и не е обсъдено съдържанието и смисъла им. Те като че ли са разглеждали твърденията изолирано от останалата част от статията. За ЕСПЧ твърденията остават в рамките на допустимите критики и преувеличения. Португалските  съдилища не обясняват в достатъчна степен как журналистът е надхвърлил правото си на критика и защо правото му да изразява своето мнение е трябвало да бъде ограничено.

На последно място, що се отнася до наложеното наказание, Съдът подчертава, че съгласно Конвенцията присъждането на обезщетение   за обида или клевета трябва да е разумно  пропорционално на претърпяната вреда.

В заключение: Съдът не намира,   че намесата “е необходима в едно демократично общество”. Според ЕСПЧ португалските съдилища са превишили предоставената им свобода на преценка по отношение на възможното ограничаване на дебатите от обществен интерес.

Нарушение на член 10 от Конвенцията.

Filed under: Media Law Tagged: еспч

KinoX / Movie4K Admin Detained in Kosovo After Three-Year Manhunt

Post Syndicated from Andy original https://torrentfreak.com/kinox-movie4k-admin-detained-in-kosovo-after-three-year-manhunt-170912/

In June 2011, police across Europe carried out the largest anti-piracy operation the region had ever seen. Their target was massive streaming portal Kino.to and several affiliates with links to Spain, France and the Netherlands.

With many sites demonstrating phoenix-like abilities these days, it didn’t take long for a replacement to appear.

Replacement platform KinoX soon attracted a large fanbase and with that almost immediate attention from the authorities. In October 2014, Germany-based investigators acting on behalf of the Attorney General carried out raids in several regions of the country looking for four main suspects.

One raid, focused on a village near to the northern city of Lübeck, targeted two brothers, then aged 21 and 25-years-old. The pair, who were said to have lived with their parents, were claimed to be the main operators of Kinox.to and another large streaming site, Movie4K.to. Although two other men were arrested elsewhere in Germany, the brothers couldn’t be found.

This was to be no ordinary manhunt by the police. In addition to accusing the brothers of copyright infringement and tax evasion, authorities indicated they were wanted for fraud, extortion, and arson too. The suggestion was that they’d targeted a vehicle owned by a pirate competitor, causing it to “burst into flames”.

The brothers were later named as Kastriot and Kreshnik Selimi. Born in 1992, 21-year-old Kreshnik was born in Sweden. 25-year-old Kastriot was born in Kosovo in 1989 and along with his brother, later became a German citizen.

With authorities piling on the charges, the pair were accused of being behind not only KinoX and Movie4K, but also other hosting and sharing platforms including BitShare, Stream4k.to, Shared.sx, Mygully.com and Boerse.sx.

Now, almost three years later, German police are one step closer to getting their men. According to a Handelsblatt report via Tarnkappe, Kreshnik Selimi has been detained by authorities.

The now 24-year-old suspect reportedly handed himself to the German embassy located in the capital of Kosovo, Prestina. The location of the arrest isn’t really a surprise. Older brother Kastriot previously published a picture on Instagram which appeared to show a ticket in his name destined for Kosovo from Zurich in Switzerland.

But while Kreshnik’s arrest reportedly took place in July, there’s still no news of Kastriot. The older brother is still on the run, maybe in Kosovo, or by now, potentially anywhere else in the world.

While his whereabouts remain a mystery, the other puzzle faced by German authorities is the status of the two main sites the brothers were said to maintain.

Despite all the drama and unprecedented allegations of violence and other serious offenses, both Movie4K and KinoX remain stubbornly online, apparently oblivious to the action.

There have been consequences for people connected to the latter, however.

In December 2015, Arvit O (aka “Pedro”) who handled technical issues on KinoX, was sentenced to 40 months in prison for his involvement in the site.

Arvit O, who made a partial confession, was found guilty of copyright infringement by the District Court of Leipzig. The then 29-year-old admitted to infringing 2,889 works. The Court also found that he hacked the computers of two competitors in order to improve Kinox’s market share.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

YouTube Doesn’t Have to Expose IP-Addresses of Movie Pirates, Court Rules

Post Syndicated from Ernesto original https://torrentfreak.com/youtube-doesnt-have-to-expose-ip-addresses-of-movie-pirates-court-rules-170909/

YouTube is known to be a breeding ground for creators. At the same time, however, it’s also regularly used to share copyrighted material without permission, including full-length films.

If these “pirating” YouTube users are caught they generally get a slap on the wrist by Google, or have their YouTube accounts terminated at worst. Sometimes, however, rightsholders can take things a bit further.

This is what happened in Germany, where a German filmmaker went after three YouTube users. These account holders had uploaded two movies without permission, which were then viewed thousands of times.

Through a local court, the filmmaker tried to obtain the identity of the alleged infringers, presumably to take further action. It demanded that Google and YouTube should share the emails, IP-addresses, and phone numbers that were tied to these accounts.

Initially, this request was turned down by the Frankfurt District Court, but the Higher Regional Court recently ruled that YouTube has to hand over the associated email addresses. The video streaming service is not required to hand over the IP-addresses or phone numbers, however.

The reasoning for this decision (pdf) is based on Article 101 of the German Copyright Act. The law specifies that a service provider can be ordered to hand over the name and address of an infringer.

The legislation, put in place in 1990, specifically references “written” communication and while it doesn’t mention email, the court argued that email addresses are covered.

The same reasoning doesn’t apply to IP-addresses. Although they have the term “address” in the name, they can’t generally be used to send a written message to a person, at least not directly.

“In the case of IP addresses – despite the word component ‘address’, this is not an ‘address’, since the IP address does not have any communication function, and it serves solely to identify the terminal from which a particular web page is accessed,” the Court clarifies.

Unrelated pirated movies on YouTube

The judgment of the Higher Regional Court is not yet legally binding. Golem reports that, due to the importance of the case, the Federal Court of Justice has to review it first.

For the filmmaker, the ruling comes as a disappointment since an email address alone is probably not enough to identify the infringer in question.

This doesn’t necessarily mean that there are no other options. In the United States, it’s relatively easy to obtain information from copyright infringers with a DMCA subpoena, for example.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

All Systems Go! 2017 CfP Closes Soon!

Post Syndicated from Lennart Poettering original http://0pointer.net/blog/all-systems-go-2017-cfp-closes-soon.html

The All Systems Go! 2017 Call for Participation is Closing on September 3rd!

Please make sure to get your presentation proprosals forAll Systems Go! 2017 in now! The CfP closes on sunday!

In case you haven’t heard about All Systems Go! yet, here’s a quick reminder what kind of conference it is, and why you should attend and speak there:

All Systems Go! is an Open Source community conference focused
on the projects and technologies at the foundation of modern Linux
systems — specifically low-level user-space technologies. Its goal is
to provide a friendly and collaborative gathering place for
individuals and communities working to push these technologies
forward. All Systems Go! 2017 takes place in Berlin,
Germany
on October 21st+22nd. All Systems Go! is a
2-day event with 2-3 talks happening in parallel. Full presentation
slots are 30-45 minutes in length and lightning talk slots are 5-10
minutes.

In particular, we are looking for sessions including, but not limited to, the following topics:

  • Low-level container executors and infrastructure
  • IoT and embedded OS infrastructure
  • OS, container, IoT image delivery and updating
  • Building Linux devices and applications
  • Low-level desktop technologies
  • Networking
  • System and service management
  • Tracing and performance measuring
  • IPC and RPC systems
  • Security and Sandboxing

While our focus is definitely more on the user-space side of things,
talks about kernel projects are welcome too, as long as they have a
clear and direct relevance for user-space.

To submit your proposal now please visit our CFP submission web site.

For further information about All Systems Go! visit our conference web site.

systemd.conf will not take place this year in lieu of All
Systems Go!
. All Systems Go! welcomes all projects that
contribute to Linux user space, which, of course, includes
systemd. Thus, anything you think was appropriate for submission to
systemd.conf is also fitting for All Systems Go!

Piracy ‘Disaster’ Strikes The Hitman’s Bodyguard

Post Syndicated from Ernesto original https://torrentfreak.com/piracy-disaster-strikes-the-hitmans-bodyguard-170829/

The Hitman’s Bodyguard is an action comedy movie featuring Hollywood stars Samuel L. Jackson and Ryan Reynolds.

While this hasn’t been a great summer at the box office, the makers of the film can’t complain as they’ve taken the top spot two weeks in a row. While this is reason for a small celebration, the fun didn’t last for long.

A few days ago several high-quality copies of the film started to appear on various pirate sites. While movie leaks happen every day, it’s very unusual that it happens just a few days after the theatrical release. In several countries including Australia, China, and Germany, it hasn’t even premiered yet.

Many pirates appear to be genuinely surprised by the early release as well, based on various comments. “August 18 was the premiere, how did you do this magic?” one downloader writes.

“OK, this was nothing short of perfection. 8 days post theatrical release… perfect 1080p clarity… no hardcoded subs… English translation AND full English subs… 5.1 audio. Does it get any better?” another commenter added.

The pirated copies of the movie are tagged as a “Web-DL” which means that they were ripped from an online streaming service. While the source is not revealed anywhere, the movie is currently available on Netflix in Japan, which makes it a likely candidate.

Screenshot of the leak

While the public often call for a simultaneous theatrical and Internet release, the current leak shows that this might come with a significant risk.

It’s clear that The Hitman’s Bodyguard production company Millennium Films is going to be outraged. The company has taken an aggressive stance against piracy in recent years. Among other things, it demanded automated cash settlements from alleged BitTorrent pirates and is also linked to various ‘copyright troll’ lawsuits.

Whether downloaders of The Hitman’s Bodyguard will be pursued as well has yet to be seen. For now, there is still plenty of interest from pirates. The movie was the most downloaded title on BitTorrent last week and is still doing well.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Piracy Fines For Dutch Pirates, Starting This Autumn

Post Syndicated from Andy original https://torrentfreak.com/piracy-fines-for-dutch-pirates-starting-this-autumn-170828/

In 2014, the European Court of Justice ruled that the “piracy levy”, used in the Netherlands to compensate rightsholders for illicit downloading, was unlawful. In the immediate aftermath, downloading from unauthorized sources was banned.

Three years on and illegal downloading is still considered by rightsholders to be a problem that needs to be brought under control. This means that BitTorrent users are the number one target since their activities also involve uploading, something that most courts consider to be a relatively serious offense.

With that in mind, Dutch film distributor Dutch Filmworks (DFW) is preparing a wave of anti-piracy activity that looks set to mimic the copyright-trolling activities of similar outfits all over the world.

A recent application to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens), revealed that DFW wishes to combat “the unlawful dissemination of copyright protected works” by monitoring the activities of BitTorrent users.

“DFW intends to collect data from people who exchange files over the Internet through BitTorrent networks. The data processing consists of capturing proof of exchange of files via IP addresses for the purpose of researching involvement of these users in the distribution or reproduction of copyrighted works,” it reads.

People who are monitored sharing DFW titles (the company says it intends to track people sharing dozens of releases) will get a letter with an offer to settle in advance of being taken to court. Speaking with NOS, DFW CEO Willem Pruijsserts now reveals that the campaign will begin in the autumn.

“[The lettter] will propose a fee,” he says. “If someone does not agree [to pay], the organization can start a lawsuit.”

Quite how much DFW will ask for is not yet clear, but Pruijsserts says the Dutch model will be more reasonable than similar schemes underway in other regions.

“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 said.

In comments to RTLZ, Pruijsserts confirmed ‘fines’ of at least hundreds of euros.

According to documents filed with the Dutch data protection authority, DFW will employ an external German-based tracking company to monitor alleged pirates which will “automatically participate in swarms in which works from DFW are being shared.” The company has been named by RTL Z as German company Excipion, which could be linked to the monitoring outfit Tecxipio, which began as Excipio.

In conversation with NOS, Pruijsserts said that “hundreds of thousands” of people watched films like Mechanic: Resurrection without paying. This particular movie is notable for appearing in many piracy cases in the United States. It is one of the titles pursued relentlessly by lawyers acting in concert with notorious copyright-trolling outfit Guardaley.

Perhaps the most crucial element moving forward is whether DFW will be able to get ISPs to cooperate in handing over the personal details of allegedly infringing subscribers. Thus far, ISPs Ziggo and KPN have indicated they won’t do so without a court order, so further legal action will be required for DFW to progress.

When DFW’s application for discovery is heard by the court, it will be interesting to see how far the ISPs dig into the anti-piracy scheme. Finding out more about Guardaley, if the company is indeed involved, would be an intriguing approach, especially given the outfit’s tendency to scurry away (1,2) when coming under intense scrutiny.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Affordable Raspberry Pi 3D Body Scanner

Post Syndicated from Alex Bate original https://www.raspberrypi.org/blog/affordable-raspberry-pi-3d-body-scanner/

With a £1000 grant from Santander, Poppy Mosbacher set out to build a full-body 3D body scanner with the intention of creating an affordable setup for makespaces and similar community groups.

First Scan from DIY Raspberry Pi Scanner

Head and Shoulders Scan with 29 Raspberry Pi Cameras

Uses for full-body 3D scanning

Poppy herself wanted to use the scanner in her work as a fashion designer. With the help of 3D scans of her models, she would be able to create custom cardboard dressmakers dummy to ensure her designs fit perfectly. This is a brilliant way of incorporating digital tech into another industry – and it’s not the only application for this sort of build. Growing numbers of businesses use 3D body scanning, for example the stores around the world where customers can 3D scan and print themselves as action-figure-sized replicas.

Print your own family right on the high street!
image c/o Tom’s Guide and Shapify

We’ve also seen the same technology used in video games for more immersive virtual reality. Moreover, there are various uses for it in healthcare and fitness, such as monitoring the effect of exercise regimes or physiotherapy on body shape or posture.

Within a makespace environment, a 3D body scanner opens the door to including new groups of people in community make projects: imagine 3D printing miniatures of a theatrical cast to allow more realistic blocking of stage productions and better set design, or annually sending grandparents a print of their grandchild so they can compare the child’s year-on-year growth in a hands-on way.

Raspberry Pi 3d Body Scan

The Germany-based clothing business Outfittery uses full body scanners to take the stress out of finding clothes that fits well.
image c/o Outfittery

As cheesy as it sounds, the only limit for the use of 3D scanning is your imagination…and maybe storage space for miniature prints.

Poppy’s Raspberry Pi 3D Body Scanner

For her build, Poppy acquired 27 Raspberry Pi Zeros and 27 Raspberry Pi Camera Modules. With various other components, some 3D-printed or made of cardboard, Poppy got to work. She was helped by members of Build Brighton and by her friend Arthur Guy, who also wrote the code for the scanner.

Raspberry Pi 3D Body Scanner

The Pi Zeros run Raspbian Lite, and are connected to a main server running a node application. Each is fitted into its own laser-cut cardboard case, and secured to a structure of cardboard tubing and 3D-printed connectors.

Raspberry Pi 3D Body Scanner

In the finished build, the person to be scanned stands within the centre of the structure, and the press of a button sends the signal for all Pis to take a photo. The images are sent back to the server, and processed through Autocade ReMake, a freemium software available for the PC (Poppy discovered part-way through the project that the Mac version has recently lost support).

Build your own

Obviously there’s a lot more to the process of building this full-body 3D scanner than what I’ve reported in these few paragraphs. And since it was Poppy’s goal to make a readily available and affordable scanner that anyone can recreate, she’s provided all the instructions and code for it on her Instructables page.

Projects like this, in which people use the Raspberry Pi to create affordable and interesting tech for communities, are exactly the type of thing we love to see. Always make sure to share your Pi-based projects with us on social media, so we can boost their visibility!

If you’re a member of a makespace, run a workshop in a school or club, or simply love to tinker and create, this build could be the perfect addition to your workshop. And if you recreate Poppy’s scanner, or build something similar, we’d love to see the results in the comments below.

The post Affordable Raspberry Pi 3D Body Scanner appeared first on Raspberry Pi.

All Systems Go! 2017 Speakers

Post Syndicated from Lennart Poettering original http://0pointer.net/blog/all-systems-go-2017-speakers.html

The All Systems Go! 2017 Headline Speakers Announced!

Don’t forget to send in your submissions to the All Systems Go! 2017 CfP! Proposals are accepted until September 3rd!

A couple of headline speakers have been announced now:

  • Alban Crequy (Kinvolk)
  • Brian “Redbeard” Harrington (CoreOS)
  • Gianluca Borello (Sysdig)
  • Jon Boulle (NStack/CoreOS)
  • Martin Pitt (Debian)
  • Thomas Graf (covalent.io/Cilium)
  • Vincent Batts (Red Hat/OCI)
  • (and yours truly)

These folks will also review your submissions as part of the papers committee!

All Systems Go! is an Open Source community conference focused on the projects and technologies at the foundation of modern Linux systems — specifically low-level user-space technologies. Its goal is to provide a friendly and collaborative gathering place for individuals and communities working to push these technologies forward.

All Systems Go! 2017 takes place in Berlin, Germany on October 21st+22nd.

To submit your proposal now please visit our CFP submission web site.

For further information about All Systems Go! visit our conference web site.

Lawyer Says He Was Deceived Into BitTorrent Copyright Trolling Scheme

Post Syndicated from Andy original https://torrentfreak.com/lawyer-says-he-was-deceived-into-bittorrent-copyright-trolling-scheme-170807/

For more than a decade, companies around the world have been trying to turn piracy into profit. For many this has meant the development of “copyright trolling” schemes, in which alleged pirates are monitored online and then pressured into cash settlements.

The shadowy nature of this global business means that its true scale will never be known but due to the controversial activities of some of the larger players, it’s occasionally possible to take a peek inside their operations. One such opportunity has just raised its head.

According to a lawsuit filed in California, James Davis is an attorney licensed in Oregon and California. Until two years ago, he was largely focused on immigration law. However, during March 2015, Davis says he was approached by an old classmate with an opportunity to get involved in a new line of business.

That classmate was Oregon lawyer Carl Crowell, who over the past several years has been deeply involved in copyright-trolling cases, including a deluge of Dallas Buyers Club and London Has Fallen litigation. He envisioned a place for Davis in the business.

Davis seemed to find the proposals attractive and became seriously involved in the operation, filing 58 cases on behalf of the companies involved. In common with similar cases, the lawsuits were brought in the name of the entities behind each copyrighted work, such as Dallas Buyers Club, LLC and LHF Productions, Inc.

In time, however, things started to go wrong. Davis claims that he discovered that Crowell, in connection with and on behalf of the other named defendants, “misrepresented the true nature of the Copyright Litigation Campaign, including the ownership of the works at issue and the role of the various third-parties involved in the litigation.”

Davis says that Crowell and the other defendants (which include the infamous Germany-based troll outfit Guardaley) made false representations to secure his participation, while holding back other information that might have made him think twice about becoming involved.

“Crowell and other Defendants withheld numerous material facts that were known to Crowell and the knowledge of which would have cast doubt on the value and ethical propriety of the Copyright Litigation Campaign for Mr. Davis,” the lawsuit reads.

Davis goes on to allege serious misconduct, including that representations regarding ownership of various entities were false and used to deceive him into participating in the scheme.

As time went on, Davis said he had increasing doubts about the operation. Then, in August 2016 as a result of a case underway in California, he began asking questions which resulted in him uncovering additional facts. These undermined both the representations of the people he was working for and his own belief in the “value and ethical propriety of the Copyright Litigation Campaign,” the lawsuit claims.

Davis said this spurred him on to “aggressively seek further information” from Crowell and other people involved in the scheme, including details of its structure and underlying support. He says all he received were “limited responses, excuses, and delays.”

The case was later dismissed by mutual agreement of the parties involved but of course, Davis’ concerns about the underlying case didn’t come to the forefront until the filing of his suit against Crowell and the others.

Davis says that following a meeting in Santa Monica with several of the main players behind the litigation campaign, he decided its legal and factual basis were unsound. He later told Crowell and Guardaley that he was withdrawing from their project.

As the result of the misrepresentations made to him, Davis is now suing the defendants on a number of counts, detailed below.

“Defendants’ business practices are unfair, unlawful, and fraudulent. Davis has suffered monetary damage as a direct result of the unfair, unlawful, and fraudulent business practices set forth herein,” the lawsuit reads.

Requesting a trial by jury, Davis is seeking actual damages, statutory damages, punitive or treble damages “in the amount of no less than $300,000.”

While a payment of that not insignificant amount would clearly satisfy Davis, the prospect of a trial in which the Guardaley operation is laid bare would be preferable when the interests of its thousands of previous targets are considered.

Only time will tell how things will pan out but like the vast majority of troll cases, this one too seems destined to be settled in private, to ensure the settlement machine keeps going.

Note: The case was originally filed in June, only to be voluntarily dismissed. It has now been refiled in state court.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Pimoroni is 5 now!

Post Syndicated from guru original https://www.raspberrypi.org/blog/pimoroni-is-5-now/

Long read written by Pimoroni’s Paul Beech, best enjoyed over a cup o’ grog.

Every couple of years, I’ve done a “State of the Fleet” update here on the Raspberry Pi blog to tell everyone how the Sheffield Pirates are doing. Half a decade has gone by in a blink, but reading back over the previous posts shows that a lot has happened in that time!

TL;DR We’re an increasingly medium-sized design/manufacturing/e-commerce business with workshops in Sheffield, UK, and Essen, Germany, and we employ almost 40 people. We’re totally lovely. Thanks for supporting us!

 

We’ve come a long way, baby

I’m sitting looking out the window at Sheffield-on-Sea and feeling pretty lucky about how things are going. In the morning, I’ll be flying east for Maker Faire Tokyo with Niko (more on him later), and to say hi to some amazing people in Shenzhen (and to visit Huaqiangbei, of course). This is after I’ve already visited this year’s Maker Faires in New York, San Francisco, and Berlin.

Pimoroni started out small, but we’ve grown like weeds, and we’re steadily sauntering towards becoming a medium-sized business. That’s thanks to fantastic support from the people who buy our stuff and spread the word. In return, we try to be nice, friendly, and human in everything we do, and to make exciting things, ideally with our own hands here in Sheffield.

Pimoroni soldering

Handmade with love

We’ve made it onto a few ‘fastest-growing’ lists, and we’re in the top 500 of the Inc. 5000 Europe list. Adafruit did it first a few years back, and we’ve never gone wrong when we’ve followed in their footsteps.

The slightly weird nature of Pimoroni means we get listed as either a manufacturing or e-commerce business. In reality, we’re about four or five companies in one shell, which is very much against the conventions of “how business is done”. However, having seen what Adafruit, SparkFun, and Seeed do, we’re more than happy to design, manufacture, and sell our stuff in-house, as well as stocking the best stuff from across the maker community.

Pimoroni stocks

Product and process

The whole process of expansion has not been without its growing pains. We’re just under 40 people strong now, and have an outpost in Germany (also hilariously far from the sea for piratical activities). This means we’ve had to change things quickly to improve and automate processes, so that the wheels won’t fall off as things get bigger. Process optimization is incredibly interesting to a geek, especially the making sure that things are done well, that mistakes are easy to spot and to fix, and that nothing is missed.

At the end of 2015, we had a step change in how busy we were, and our post room and support started to suffer. As a consequence, we implemented measures to become more efficient, including small but important things like checking in parcels with a barcode scanner attached to a Raspberry Pi. That Pi has been happily running on the same SD card for a couple of years now without problems 😀

Pimoroni post room

Going postal?

We also hired a full-time support ninja, Matt, to keep the experience of getting stuff from us light and breezy and to ensure that any problems are sorted. He’s had hugely positive impact already by making the emails and replies you see more friendly. Of course, he’s also started using the laser cutters for tinkering projects. It’d be a shame to work at Pimoroni and not get to use all the wonderful toys, right?

Employing all the people

You can see some of the motley crew we employ here and there on the Pimoroni website. And if you drop by at the Raspberry Pi Birthday Party, Pi Wars, Maker Faires, Deer Shed Festival, or New Scientist Live in September, you’ll be seeing new Pimoroni faces as we start to engage with people more about what we do. On top of that, we’re starting to make proper videos (like Sandy’s soldering guide), as opposed to the 101 episodes of Bilge Tank we recorded in a rather off-the-cuff and haphazard fashion. Although that’s the beauty of Bilge Tank, right?

Pimoroni soldering

Such soldering setup

As Emma, Sandy, Lydia, and Tanya gel as a super creative team, we’re starting to create more formal educational resources, and to make kits that are suitable for a wider audience. Things like our Pi Zero W kits are products of their talents.

Emma is our new Head of Marketing. She’s really ‘The Only Marketing Person Who Would Ever Fit In At Pimoroni’, having been a core part of the Sheffield maker scene since we hung around with one Ben Nuttall, in the dark days before Raspberry Pi was a thing.

Through a series of fortunate coincidences, Niko and his equally talented wife Mena were there when we cut the first Pibow in 2012. They immediately pitched in to help us buy our second laser cutter so we could keep up with demand. They have been supporting Pimoroni with sourcing in East Asia, and now Niko has become a member of the Pirates’ Council and the Head of Engineering as we’re increasing the sophistication and scale of the things we do. The Unicorn HAT HD is one of his masterpieces.

Pimoroni devices

ALL the HATs!

We see ourselves as a wonderful island of misfit toys, and it feels good to have the best toy shop ever, and to support so many lovely people. Business is about more than just profits.

Where do we go to, me hearties?

So what are our plans? At the moment we’re still working absolutely flat-out as demand from wholesalers, retailers, and customers increases. We thought Raspberry Pi was big, but it turns out it’s just getting started. Near the end of 2016, it seemed to reach a whole new level of popularityand still we continue to meet people to whom we have to explain what a Pi is. It’s a good problem to have.

We need a bigger space, but it’s been hard to find somewhere suitable in Sheffield that won’t mean we’re stuck on an industrial estate miles from civilisation. That would be bad for the crewwe like having world-class burritos on our doorstep.

The good news is, it looks like our search is at an end! Just in time for the arrival of our ‘Super-Turbo-Death-Star’ new production line, which will enable to make devices in a bigger, better, faster, more ‘Now now now!’ fashion \o/

Pimoroni warehouse

Spacious, but not spacious enough!

We’ve got lots of treasure in the pipeline, but we want to pick up the pace of development even more and create many new HATs, pHATs, and SHIMs, e.g. for environmental sensing and audio applications. Picade will also be getting some love to make it slicker and more hackable.

We’re also starting to flirt with adding more engineering and production capabilities in-house. The plan is to try our hand at anodising, powder-coating, and maybe even injection-moulding if we get the space and find the right machine. Learning how to do things is amazing, and we love having an idea and being able to bring it to life in almost no time at all.

Pimoroni production

This is where the magic happens

Fanks!

There are so many people involved in supporting our success, and some people we love for just existing and doing wonderful things that make us want to do better. The biggest shout-outs go to Liz, Eben, Gordon, James, all the Raspberry Pi crew, and Limor and pt from Adafruit, for being the most supportive guiding lights a young maker company could ever need.

A note from us

It is amazing for us to witness the growth of businesses within the Raspberry Pi ecosystem. Pimoroni is a wonderful example of an organisation that is creating opportunities for makers within its local community, and the company is helping to reinvigorate Sheffield as the heart of making in the UK.

If you’d like to take advantage of the great products built by the Pirates, Monkeys, Robots, and Ninjas of Sheffield, you should do it soon: Pimoroni are giving everyone 20% off their homemade tech until 6 August.

Pimoroni, from all of us here at Pi Towers (both in the UK and USA), have a wonderful birthday, and many a grog on us!

The post Pimoroni is 5 now! appeared first on Raspberry Pi.

‘Game of Thrones Season 7 Premiere Pirated 90 Million Times’

Post Syndicated from Ernesto original https://torrentfreak.com/game-of-thrones-season-7-premiere-pirated-90-million-times-170721/

Last Sunday, the long-awaited seventh season of the hit series Game of Thrones aired in dozens of countries worldwide.

The show has broken several piracy records over the years and, thus far, there has been plenty of interest in the latest season as well.

Like every year, the torrent download figures quickly ran into the millions. However, little is known about the traffic that goes to streaming portals, which have outgrown traditional file-sharing sites in recent years.

One of the main problems is that it’s impossible for outsiders to know exactly how many visitors pirate streaming services get. Traffic data for these sites are not public, which makes it difficult to put an exact figure on the number of views one particular video has.

Piracy monitoring firm MUSO hasn’t shied away from this unexplored territory though and has now released some hard numbers.

According to MUSO, the premiere episode of the seventh season of Game of Thrones has been pirated more than 90 million times in only three days. A massive number, which is largely driven by streaming traffic.

Exactly 77,913,032 pirate views came from streaming portals, while public torrent traffic sits in second place with 8,356,382 downloads. Another 4,949,298 downloads are linked to direct download sites, while the remaining 523,109 come from private torrents.

Why other platforms such as Usenet are not covered remains unexplained in the press release, but without these the total is already quite substantial, to say the least.

MUSO reports that most pirate traffic comes from the United States, with 15.1 million unauthorized downloads and streams. The United Kingdom follows in second place with 6.2 million, before Germany, India, and Indonesia, with between 4 and 5 million each.

Andy Chatterley, MUSO’s CEO and Co-Founder, notes that the results may come as a surprise to some industry insiders, describing them as “huge.”

“There is no denying that these figures are huge, so they’re likely to raise more than a few eyebrows in the mainstream industry, but it’s in line with the sort of scale we see across piracy sites and should be looked at objectively.

“What we’re seeing here isn’t just P2P torrent downloads but unauthorized streams and every type of piracy around the premiere. This is the total audience picture, which is usually unreported,” Chatterley adds.

While there is no denying that the numbers are indeed huge, it would probably be better to view them as estimates. MUSO generally sources its data from SimilarWeb, which uses a sample of 200 million ‘devices’ to estimate website traffic. Website visits are then seen as “downloads,” and the sample data is extrapolated into the totals.

This also explains why other types of download traffic, such as Usenet, are not included at all. These are not web-based. Similarly, the data doesn’t appear to cover all countries. Game of Thrones piracy is very substantial in China, for example, but in its previous reports, MUSO didn’t exclude Chinese traffic.

Taking the caveats above into account, MUSO’s data could be a good estimate of the total (web) pirate traffic for the Game of Thrones premiere. This would suggest some pretty high piracy rates in some countries, but we’ve seen stranger things.

Note: TorrentFreak reached out to MUSO for further details on its methodology. The company confirmed that its data is based on traffic to 23,000 of the most-used piracy sites. The data is collected from over 200 million devices, located in over 200 countries. This appears to confirm that it is indeed SimilarWeb data.

Countries with the highest GoT piracy activity, according to MUSO:

United States of America: 15,075,951
United Kingdom: 6,252,903
Germany: 4,897,280
India: 4,335,331
Indonesia: 4,286,927
Philippines: 4,189,030
Canada: 3,182,851
France: 2,881,467
Turkey: 2,802,458
Vietnam: 2,436,149
Australia: 2,241,463
Russian Federation: 2,196,799
Netherlands: 1,881,718
Brazil: 1,796,759
Malaysia: 1,737,005

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Court: Warner Bros Needs Stronger Evidence Against Alleged BitTorrent Pirate

Post Syndicated from Ernesto original https://torrentfreak.com/court-warner-bros-needs-stronger-evidence-against-alleged-bittorrent-pirate-170718/

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 holders are often indeed the perpetrator, but false accusations are bound to happen due to the sheer volume of these cases.

This is one of the reasons why local courts are paying careful attention to the provided evidence. At the District Court of Cologne, this recently resulted in a verdict, clarifying that simply linking an IP-address to a pirated download is not good enough.

The case in question deals with a claim from the local branch of Warner Bros. Entertainment, which accused an account holder of sharing a pirated episode of the popular TV-show “Person of Interest.”

The Hollywood studio claimed 500 euros in damages from the alleged copyright infringer, as well as 168.50 euros in expenses. The defendant, however, said he was innocent, refused to pay up, and contested the claim in court, with success.

Warner’s tracking partner Ipoque had only monitored the defendant’s IP-address twice during a period of 10 minutes. This is not good enough according to the court, since IP-address misassignments regularly take place.

“The causes for a misassignment don’t have to relate to the software of the tracking company, they can also come from others. For example, the transmission of acquired data, or the ISPs assignment of collected IP addresses to connection holders. In the latter case, the Court of First Instance has seen an error rate of at least 2 – 3%,” the court writes.

In this case, the defendant argued that his ISP failed to update the IP-address assignments and that he no longer used the infringing address at the contested time.

The District Court of Cologne agreed that this was a plausible argument. Ideally, Warner should have provided a more extensive tracking record, with more IP-addresses leading to the same account holder, assuming that the assignments regularly change.

Defense attorney Christian Solmecke tells TorrentFreak that so-called “simple tracking,” where only a single IP-address is used as evidence, is simply not good enough.

“In case of simple tracking, evaluation errors are always possible. For instance, mixing up the numbers of the IP-address. The tracking parameters are technically complicated so errors may occur at various stages of the process,” Solmecke notes.

In some cases the error rates can go up to 50%, a recent verdict has shown, which means that accused file-sharers have a solid defense when they are accused based on minimal evidence.

“This is important for defendants as courts usually tend to assume that it cannot be sufficiently clarified whether filesharing did indeed occur via the Internet connection of the defendant. Simple tracking can, therefore, be seen as a good chance for defendants to win against the warning letter industry,” Solmecke adds.

While the verdict is unlikely to stop the piracy settlement industry in Germany, it may prompt rightsholders to step up their BitTorrent monitoring practices.

This doesn’t only apply to Warner Bros. Entertainment, but also to other major rightsholders including the local branches of Universal Pictures, Twentieth Century Fox, Universal Music, EMI Music and Sony Music, which are all active on the anti-piracy front in Germany.

The full verdict of the District Court of Cologne is available Tarnkappe.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Just How Risky is Internet Piracy in 2017?

Post Syndicated from Andy original https://torrentfreak.com/just-how-risky-is-internet-piracy-in-2017-170715/

The world’s largest entertainment companies in the spheres of music, movies, and gaming would jump for joy if the Internet piracy phenomenon came to a crashing halt tomorrow. (Spoiler: it won’t)

As a result, large sums of money are expended every day in an effort to keep unlawful distribution under control. Over the years there have been many strategies and several of these have involved targeting end users.

The world is a very big place and the tackling of piracy differs from region to region, but what most consumers of unauthorized media want to know is whether they’re putting themselves at risk.

The short answer is that no matter where people are, there is always some level of risk attached to obtaining and using pirate content. The long answer is more nuanced.

BitTorrent and other P2P protocols

By its very nature, using BitTorrent to access copyrighted content comes with a risk. Since downloaders are also distributors and their IP addresses are necessarily public, torrent users are extremely easy to track. In fact, with a minimum of equipment, any determined rightsholder is able spot and potentially uncover the identity of a file-sharer.

But while basic BitTorrent sharing gets a 0/10 for privacy, that’s a bit like saying that a speeding car gets 0/10 for stealth. Like the speeding car, anyone can see the pirating torrent user, but the big question is whether there’s anyone around who intends to do anything about it.

The big surprise in 2017 is that users are still statistically unlikely to face any consequences.

In the United States, for example, where copyright trolling can be a serious issue for those who get caught up in the net, the problem still only affects a tiny, tiny proportion of pirates. A one percent risk of getting snared would be overstating the risk but these are still odds that any gambler would be happy to take.

Surprisingly, pirates are also less likely to encounter a simple friendly warning than they were last year too. The “Six Strikes” Copyright Alerts System operated by the MPAA and RIAA, that set out to advise large volumes of pirates using notices sent via their ISPs, was discontinued in January. Those behind it gave in, for reasons unknown.

This means that millions of torrent users – despite exposing their IP addresses in public while sharing copyrighted content – are doing so without significant problems. Nevertheless, large numbers are also taking precautions, by using anonymization technologies including VPNs.

That’s not to say that their actions are legal – they’re not – but outside the few thousand people caught up in trolls’ nets each year, the vast and overwhelming majority of torrent users (which number well over 100 million) are pirating with impunity.

In the UK, not even trolling is a problem anymore. After a few flurries that seemed to drag on longer than they should, copyright trolls appear to have left the country for more lucrative shores. No cases have gone through the courts in recent times which means that UK users are torrenting pretty much whatever they like, with no legal problems whatsoever.

It’s important to note though, that their actions aren’t going unnoticed. Unlike the United States, the UK has a warning system in place. This means that a few thousand customers of a handful of ISPs are receiving notices each month informing them that their piratey behavior has been monitored by an entertainment company.

Currently, however, there are no punishments for those who are ‘caught’, even when they’re accused of pirating on a number of occasions. At least so far, it seems that the plan is to worry pirates into submission and in some cases that will probably work. Nevertheless, things can easily change when records are being kept on this scale.

Germany aside (which is overrun with copyright trolling activity), a handful of other European countries have also endured relatively small troll problems (Finland, Sweden, Denmark) but overall, file-sharers go about their business as usual across the continent. There are no big projects in any country aiming to punish large numbers of BitTorrent users and only France has an active warning notice program.

Canada and Australia have also had relatively small problems with copyright trolls (the former also has a fairly toothless ISP warning system) but neither country is considered a particularly ‘dangerous’ place to share files using BitTorrent. Like the United States, UK, and Europe, the chances of getting prosecuted for infringement are very small indeed.

Why such little enforcement?

There are a number of reasons for the apparent lack of interest in BitTorrent users but a few bubble up to the top. Firstly, there’s the question of resources required to tackle millions of users. Obviously, some scare tactics could be deployed by hitting a few people hard, but it feels like most companies have moved beyond that thinking.

That’s partly due to the more recent tendency of entertainment groups and governments to take a broader view of infringement, hitting it at its source by strangling funds to pirate sites, hitting their advertisers, blocking their websites, and attempting to forge voluntary anti-piracy schemes with search engines.

It’s also worth noting that huge numbers of people are routinely protecting themselves with VPN-like technology, which allows them to move around the Internet with much improved levels of privacy. Just recently, anti-piracy outfit Rightscorp partly blamed this for falling revenues.

Importantly, however, the nature of infringement has been changing for some time too.

A few years ago, most people were getting their movies and music from torrent sites but now they’re more likely to be obtaining their fix from a streaming source. Accessing the top blockbusters via a streaming site (perhaps via Kodi) is for the most part untraceable, as is grabbing music from one of the hundreds of MP3 portals around today.

But as recent news revealed, why bother with ‘pirate’ sites when people can simply rip music from sites like YouTube?

So-called stream-ripping is now blamed for huge swathes of piracy and as a result, torrent sites get far fewer mentions from anti-piracy groups than they did before.

While still a thorn in their side, it wouldn’t be a stretch to presume that torrent sites are no longer considered the primary problem they once were, at least in respect of music. Now, the ‘Value Gap‘ is more of a headache.

So, in a nutshell, the millions of people obtaining and sharing copyrighted content using BitTorrent are still taking some risks in every major country, and those need to be carefully weighed.

The activity is illegal almost everywhere, punishable in both civil and criminal courts, and has the potential to land people with big fines and even a jail sentence, if the scale of sharing is big enough.

In truth, however, the chances of the man in the street getting caught are so slim that many people don’t give the risks a second thought. That said, even people who drive 10mph over the limit get caught once in a while, so those that want to keep a clean sheet online often get a VPN and reduce the risks to almost 0%.

For people who stream, life is much less complicated. Streaming movies, TV shows or music from an illicit source is untraceable by any regular means, which up to now has made it almost 100% safe. Notably, there hasn’t been a single prosecution of a user who streamed infringing content anywhere in the world. In the EU it is illegal though, so something might happen in future, potentially…..possibly…..at some point….maybe.

And here’s the thing. While this is the general position today, the ‘market’ is volatile and has the ability to change quickly. A case could get filed in the US or UK next week, each targeting 50,000 BitTorrent users for downloading something that came out months ago. Nobody knows for sure so perhaps the best analogy is the one drummed into kids during high-school sex education classes.

People shouldn’t put themselves at risk at all but if they really must, they should take precautions. If they don’t, they could easily be the unlucky one and that is nearly always miserable.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Usenet Provider Giganews Sues Perfect 10 For Fraud, Demands $20m

Post Syndicated from Andy original https://torrentfreak.com/usenet-provider-giganews-sues-perfect-10-for-fraud-demands-20m-170712/

For many years, Perfect 10 went about its business of publishing images of women in print and on the Internet. At some point along the way, however, the company decided that threatening to sue online service providers was more profitable.

Claiming copyright infringement, Perfect 10 took on a number of giants including Google, Amazon, Mastercard, and Visa, not to mention hosting providers such as LeaseWeb and OVH.

With court papers revealing that Perfect 10 owner Norman Zada worked 365 days a year on litigation and that the company acquired copyrights for use in lawsuits, it’s no surprise that around two dozen of Perfect 10’s lawsuits ended in cash settlements and defaults.

With dollar signs in mind, Perfect 10 went after another pretty big fish in 2011. The publisher claimed that Usenet provider Giganews was responsible when its users uploaded Perfect 10 images to the newsgroups. Things did not go well.

In November 2014, the U.S. District Court for the Central District of California found that Giganews was not liable for the infringing activities of its users. Perfect 10 was ordered to pay Giganews $5.6m in attorney’s fees and costs. Perfect 10 lost again at the Court of Appeals for the Ninth Circuit.

But even with all of these victories under its belt, Giganews just can’t catch a break.

The company is clearly owed millions but Perfect 10 is refusing to pay up. As a result, this week Giganews filed yet another suit, accusing Perfect 10 and Norman Zada of fraud aimed at depriving Giganews of the amounts laid out by the court.

The claims center around an alleged conspiracy in which Perfect 10 transferred its funds and assets to Zada.

“As of now (over two years since the judgment), Perfect 10 has not voluntarily paid any amount of the judgment,” the complaint begins.

“Instead, Perfect 10, through the unlawful acts of Zada and in conspiracy with him, has intentionally avoided satisfaction of the judgment through a series of fraudulent transfers of Perfect 10’s corporate assets to Zada’s personal possession.”

Giganews says these “illegal and fraudulent” transfers began back in 2014, when Perfect 10 began to realize that the fight against the Usenet provider was going bad.

For example, on November 20, 2014, around six days after the court granted summary judgment in favor of Giganews, Perfect 10 transferred $850,000 to Zada’s personal account. The Perfect 10 owner later told a Judgment Debtor’s Examination that the transfer was made due to the summary judgment orders, a statement that amounts to a confession of fraud, Giganews says.

“We had a settlement of $1.1 million in, I believe, June. I was entitled to that money,” Zada told the hearing. “And after the summary judgment orders were issued, I did not see any point in keeping more cash than we needed in the account.”

Giganews says that Perfect 10 transferred at least $1.75m in cash to Zada.

Then, within weeks of the court ordering Perfect 10 to pay $5.6m in attorneys fees and costs, Giganews says that Zada “fraudulently transferred substantially all
of Perfect 10’s physical assets” to himself for an amount that did not represent their true value.

Those assets included a car, furniture, and computer servers. When Zada was questioned why the transfers took place, he admitted that “it would have been
totally disruptive to have those [assets] seized” in satisfaction of the judgment. Indeed, the complaint alleges that the assets never moved physical location.

Perhaps surprisingly given the judgment, Giganews alleges that Zada continues to run Perfect 10’s business in much the same way as he did before. The company even has copyright infringement litigation underway against AOL in Germany, despite having few assets.

This is made possible, Giganews says, by Perfect 10 calling on assets it previously transferred to Zada. When required by the company, Zada simply “gives” them back.

In summary, Giganews says these transfers display the “badges of fraud” that indicate attempts to “hinder, delay or defraud” creditors, while leaving Perfect 10 practically insolvent.

“As a consequence, Plaintiffs are entitled to a judgment against Defendants, and each of them, in the sum of the unlawfully transferred amounts of at least $1,750,000, or in an amount to be proven at trial, together with interest on that amount at the legal rate of 10% per annum from and after March 24, 2015,” the complaint reads.

But the claim doesn’t stop there. Giganews asks the court to prevent Perfect 10 from transferring any more cash or assets out of Perfect 10 to Zada or anyone acting in concert with him or on his behalf. This is rounded off with a claim for punitive and exemplary damages of $20m to be considered during a jury trial.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

AWS Hot Startups – June 2017

Post Syndicated from Tina Barr original https://aws.amazon.com/blogs/aws/aws-hot-startups-june-2017/

Thanks for stopping by for another round of AWS Hot Startups! This month we are featuring:

  • CloudRanger – helping companies understand the cloud with visual representation.
  • quintly – providing social media analytics for brands on a single dashboard.
  • Tango Card – reinventing rewards programs for businesses and their customers worldwide.

Don’t forget to check out May’s Hot Startups in case you missed them.

CloudRanger (Letterkenny, Ireland)   

The idea for CloudRanger started where most great ideas do – at a bar in Las Vegas. During a late-night conversation with his friends at re:Invent 2014, Dave Gildea (Founder and CEO) used cocktail napkins and drink coasters to visually illustrate servers and backups, and the light on his phone to represent scheduling. By the end of the night, the idea for automated visual server management was born. With CloudRanger, companies can easily create backup and retention policies, visual scheduling, and simple restoration of snapshots and AMIs. The team behind CloudRanger believes that when servers and cloud resources are represented visually, they are easier to manage and understand. Users are able to see their servers, which turns them into a tangible and important piece of business inventory.

CloudRanger is an excellent platform for MSPs who manage many different AWS accounts, and need a quick method to display many servers and audit certain attributes. The company’s goal is to give anyone the ability to create backup policies in multiple regions, apply them using a tag-based methodology, and manage backups. Servers can be scheduled from one simple dashboard, and restoration is easy and step-by-step. With CloudRanger’s visual representation of resources, customers are encouraged to fully understand their backup policies, schedules, and servers.

As an AWS Partner, CloudRanger has built a globally redundant system after going all-in with AWS. They are using over 25 AWS services for everything including enterprise-level security, automation and 24/7 runtimes, and an emphasis on Machine Learning for efficiency in the sales process. CloudRanger continues to rely more on AWS as new services and features are released, and are replacing current services with AWS CodePipeline and AWS CodeBuild. CloudRanger was also named Startup Company of the Year at a recent Irish tech event!

To learn more about CloudRanger, visit their website.

quintly (Cologne, Germany)

In 2010, brothers Alexander Peiniger and Frederik Peiniger started a journey to help companies track their social media profiles and improve their strategies against competitors. The startup began under the name “Social.Media.Tracking” and then “AllFacebook Stats” before officially becoming quintly in 2013. With quintly, brands and agencies can analyze, benchmark, and optimize their social media activities on a global scale. The innovative dashboarding system gives clients an overview across all social media profiles on the most important networks (Facebook, Twitter, YouTube, Google+, LinkedIn, Instagram, etc.) and then derives an optimal social media strategy from those profiles. Today, quintly has users in over 180 countries and paying clients in over 65 countries including major agency networks and Fortune 500 companies.

Getting an overview of a brand’s social media activities can be time-consuming, and turning insights into actions is a challenge that not all brands master. Quintly offers a variety of features designed to help clients improve their social media reach. With their web-based SaaS product, brands and agencies can compare their social media performance against competitors and their best practices. Not only can clients learn from their own historic performance, but they can leverage data from any other brand around the world.

Since the company’s founding, quintly built and operates its SaaS offering on top of AWS services, leveraging Amazon EC2, Amazon ECS, Elastic Load Balancing, and Amazon Route53 to host their Docker-based environment. Large amounts of data are stored in Amazon DynamoDB and Amazon RDS, and they use Amazon CloudWatch to monitor and seamlessly scale to the current needs. In addition, quintly is using Amazon Machine Learning to add additional attributes to the data and to drive better decisions for their clients. With the help of AWS, quintly has been able to focus on their core business while having a scalable and well-performing solution to solve their technical needs.

For more on quintly, check out their Social Media Analytics blog.

Tango Card (Seattle, Washington)

Based in the heart of West Seattle, Tango Card is revolutionizing rewards programs for companies around the world. Too often customers redeem points in a loyalty or rebate program only to wait weeks for their prize to arrive. Companies generously give their employees appreciation gifts, but the gifts can be generic and impersonal. With Tango Card, companies can choose from a variety of rewards that fit the needs of their specific program, event, or business incentive. The extensive Rewards Catalog includes options for e-gift cards that are sure to excite any recipient. There are plenty of options for everyone from traditional e-gift cards to nonprofit donations to cash equivalent rewards.

Tango Card uses a combination of desired rewards, modern technology, and expert service to change the rewards and incentive experience. The Reward Delivery Platform offers solutions including Blast Rewards, Reward Link, and Rewards as a Service API (RaaS). Blast Rewards enables companies to purchase and send e-gift cards in bulk in just one business day. Reward Link lets recipients choose from an assortment of e-gift cards, prepaid cards, digital checks, and donations and is delivered instantly. Finally, Rewards as a Service is a robust digital gift card API that is built to support apps and platforms. With RaaS, Tango Card can send out e-gift cards on company-branded email templates or deliver them directly within a user interface.

The entire Tango Card Reward Delivery Platform leverages many AWS services. They use Amazon EC2 Container Service (ECS) for rapid deployment of containerized micro services, and Amazon Relational Database Service (RDS) for low overhead managed databases. Tango Card is also leveraging Amazon Virtual Private Cloud (VPC), AWS Key Management Service (KMS), and AWS Identity and Access Management (IMS).

To learn more about Tango Card, check out their blog!

I would also like to thank Alexander Moss-Bolanos for helping with the Hot Startups posts this year.

Thanks for reading and we’ll see you next month!

-Tina Barr

The Code Club International movement

Post Syndicated from Katherine Leadbetter original https://www.raspberrypi.org/blog/code-club-international/

Over the past few years, Code Club has made strides toward world domination! There are now more than 10,000 Code Clubs running in 125 countries. More than 140,000 kids have taken part in our clubs in places as diverse as the northernmost tip of Canada and the favelas of Rio de Janeiro.

In the first video from our Code Club International network, we find out about Code Clubs around the world from the people supporting these communities.

Global communities

Code Club currently has official local partners in twelve countries. Our passionate and motivated partner organisations are responsible for championing their countries’ Code Clubs. In March we brought the partners together for the first time, and they shared what it means to be part of the Code Club community:

You can help Code Club make a difference around the world

We invited our international Code Club partners to join us in London and discuss why we think Code Club is so special. Whether you’re a seasoned pro, a budding educator, or simply want to give back to your local community, there’s a place for you among our incredible Code Club volunteers.

Of course, Code Clubs aren’t restricted to countries with official partner communities – they can be started anywhere in the world! Code Clubs are up and running in a number of unexpected places, from Kosovo to Kazakhstan.

Code Club International

Code Club partners gathered together at the International Meetup

The geographical spread of Code Clubs means we hear of clubs overcoming a range of different challenges. One club in Zambia, run by volunteer Mwiza Simbeye, started as a way to get kids off the streets of Lusaka and teach them useful skills. Many children attending had hardly used a computer before writing their first line of code at the club. And it’s making a difference! As Mwiza told us, ‘you only need to see the light shine in the eyes of [Code Club] participants to see how much they enjoy these sessions.’

Code Club International

Student Joyce codes in Scratch at her Code Club in Nunavut, Canada

In the Nunavut region of Canada, Talia Metuq was first introduced to coding at a Code Club. In an area comprised of 25 Inuit communities that are inaccessible via roads and currently combating severe social and economic deprivation, computer science was not on the school timetable. Code Club, along with club volunteer Ryan Oliver, is starting to change that. After graduating from Code Club, Talia went on to study 3D modelling in Vancouver. She has now returned to Nunavut and is helping inspire more children to pursue digital making.

Start a Code Club

Code Clubs are volunteer-led extra-curricular coding clubs for children age 9 to 13. Children that attend learn to code games, animations, and websites using the projects we provide. Working with volunteers and with other children in their club, they grow their digital skillset.

You can run a Code Club anywhere if you have a venue, volunteers, and kids ready to learn coding. Help us achieve our goal of having a Code Club in every community in the world!

To find out how to start a Code Club outside of the UK, you can visit the Code Club International website. If you are in the UK, head to the Code Club UK website for more information.

Code Club International

Help the Code Club International community grow

On the Code Club site, we currently have projects in 28 languages, allowing more young people than ever to learn programming in their native language. But that’s not enough! We are always on the lookout for volunteers to translate projects and resources. If you are proficient in translating from English and would like to help, please visit the website to find out more.

We are also looking for official local partners in Italy and Germany to join our international network – if you know of, or are a part of an enthusiastic non-profit organisation who might be interested to join us, you can learn more here.

The post The Code Club International movement appeared first on Raspberry Pi.

Developers and Ethics

Post Syndicated from Bozho original https://techblog.bozho.net/developers-and-ethics/

“What are some areas you are particularly interested in” – recruiters (head-hunters) tend to ask that question a lot. I don’t have a good answer for that – I’ll know it when I see it. But I have a list of areas that I wouldn’t like to work in. And one of them is gambling.

Several years ago I got a very lucrative offer for a gambling company, both well paid and technically challenging. But I rejected it. Because I didn’t want to contribute to abusing peoples’ weaknesses for the sake of getting their money. And no, I’m not a raging Marxist, but gambling is bad. You may argue that it’s a necessary vice and people need it to suppress other internal struggles, but I’m not buying that as a motivator.

I felt it’s unethical to write code that does that. Like I feel it’s unethical to profile users’ behaviours and “read” their emails in order to target ads, or to write bots to disseminate fake news.

A few months ago I was part of the campaign HQ for a party in a parliamentary election. Cambridge Analytica had already become popular after “delivering Brexit and Trump’s victory”, that using voters’ data in order to target messages at them sounded like the new cool thing. As head of IT & data, I rejected this approach. Because it would be unethical to bait unsuspecting users to take dumb tests in order to provide us with facebook tokens. Yes, we didn’t have any money to hire Cambridge Analytica-like companies, but even if we had, is “outsourcing” the dubious practice changing anything? If you pay someone to trick users into unknowingly giving their personal data, it’s as if you did it yourself.

This can be a very long post about technology and ethics. But it won’t, as this is a technical blog, not a philosophical one. It won’t be about philosophy – for interesting takes on the matter you can listen to Damon Horowitz’s TED talk or even go through all of Michael Sandel’s Justice lectures at Harvard. It won’t be about how companies should be ethical (e.g. following the ethical design manifesto)

Instead, it will be a short post focusing on developers and their ethical choices.

I think we have the freedom to be ethical – there’s so much demand on the job market that rejecting an offer, refusing to do something, or leaving a company for ethical reasons is something we have the luxury to do without compromising our well-being. When asked to do something unethical, we can refuse (several years ago I was asked to take part in some shady interactions related to a potential future government contract, which I refused to do). When offered jobs that are slightly better paid but would have us build abusive technology, we can turn the offer down. When a new feature requires us to breach people’s privacy, we can argue it, and ultimately not do it.

But in order to start making these ethical choices, we have to start thinking about ethics. To put ourselves in context. We, developers, are building the world of tomorrow (it sounds grandiose, but we know it’s way more mundane than that). We are the “tools” with which future products will be shaped. And yes, that’s true even for the average back-office system of an insurance company (which allows for raising the insurance for pre-existing conditions), and true for boring banking software (which allows mortgages way beyond the actual coverage the bank has), and so on.

Are these decisions ours to make? Isn’t it legislators that should define what’s allowed and what isn’t? We are just building whatever they tell us to build. Forgive me the far-fetched analogy, but Nazi Germany was an anti-humanity machine based on people who “just followed orders”. Yes, we’ll refuse, someone else will come and do it, but collective ethics gets built over time.

As Hannah Arendt had put it – “The sad truth is that most evil is done by people who never make up their minds to be good or evil.”. We may think that as developers we don’t have a say. But without us, no software can be built. So with our individual ethical stance, a certain unethical software may not be built or be successful, and that’s a stance worth considering, especially when it costs us next to nothing.

The post Developers and Ethics appeared first on Bozho's tech blog.