Tag Archives: hollywood

Police Arrest Suspected Member of TheDarkOverlord Hacking Group

Post Syndicated from Andy original https://torrentfreak.com/police-arrest-suspected-member-of-the-dark-overlord-hacking-group-180517/

In April 2017, the first episode of the brand new season of Netflix’s Orange is the New Black was uploaded to The Pirate Bay, months ahead of its official release date.

The leak was the work of a hacking entity calling itself TheDarkOverlord (TDO). One of its members had contacted TorrentFreak months earlier claiming that the content was in its hands but until the public upload, nothing could be confirmed.

TDO told us it had obtained the episodes after hacking the systems of Hollywood-based Larson Studios, an ADR (additional dialogue recorded) studio, back in 2016. TDO had attempted to blackmail the company into paying a bitcoin ransom but when it wasn’t forthcoming, TDO pressed the nuclear button.

Netflix responded by issuing a wave of takedown notices but soon TDO moved onto a new target. In June 2017, TDO followed up on an earlier threat to leak content owned by ABC.

But while TDO was perhaps best known for its video-leaking exploits, the group’s core ‘business’ was hacking what many perceived to be softer targets. TDO ruthlessly slurped confidential data from weakly protected computer systems at medical facilities, private practices, and businesses large and small.

In each case, the group demanded ransoms in exchange for silence and leaked sensitive data to the public if none were paid. With dozens of known targets, TDO found itself at the center of an international investigation, led by the FBI. That now appears to have borne some fruit, with the arrest of an individual in Serbia.

Serbian police say that members of its Ministry of Internal Affairs, Criminal Police Directorate (UCC), in coordination with the Special Prosecution for High-Tech Crime, have taken action against a suspected member of TheDarkOverlord group.

Police say they tracked down a Belgrade resident, who was arrested and taken into custody. Identified only by the initials “S.S”, police say the individual was born in 1980 but have released no further personal details. A search of his apartment and other locations led to the seizure of items of digital equipment.

“According to the order of the Special Prosecutor’s Office for High-Tech Crime, criminal charges will be brought against him because of the suspicion that he committed the criminal offense of unauthorized access to a protected computer, computer networks and electronic processing, and the criminal offense of extortion,” a police statement reads.

In earlier correspondence with TF, the TDO member always gave the impression of working as part of a team but we only had a single contact point which appeared to be the same person. However, Serbian authorities say the larger investigation is aimed at uncovering “a large number of people” who operate under the banner of “TheDarkOverlord”.

Since June 2016, the group is said to have targeted at least 50 victims while demanding bitcoin ransoms to avoid disclosure of their content. Serbian authorities say that on the basis of available data, TDO received payments of more than $275,000.

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

YouTube Won’t Put Up With Blatant Piracy Tutorials Forever

Post Syndicated from Andy original https://torrentfreak.com/youtube-wont-put-up-with-blatant-piracy-tutorials-forever-180506/

Once upon a time, Internet users’ voices would be heard in limited circles, on platforms such as Usenet or other niche platforms.

Then, with the rise of forum platforms such as phpBB in 2000 and Invision Power Board in 2002, thriving communities could gather in public to discuss endless specialist topics, including file-sharing of course.

When dedicated piracy forums began to gain traction, it was pretty much a free-for-all. People discussed obtaining free content absolutely openly. Nothing was taboo and no one considered that there would be any repercussions. As such, moderation was limited to keeping troublemakers in check.

As the years progressed and lawsuits against both sites and services became more commonplace, most sites that weren’t actually serving illegal content began to consider their positions. Run by hobbyists, most didn’t want the hassle of a multi-million dollar lawsuit, so links to pirate content began to diminish and the more overt piracy tutorials began to disappear underground.

Those that remained in plain sight became much more considered. Tutorials on how to pirate specific Hollywood blockbusters were no longer needed, a plain general tutorial would suffice. And, as communities matured and took time to understand the implications of their actions, those without political motivations realized that drawing attention to potential criminality was neither required nor necessary.

Then YouTube and social media happened and almost overnight, no one was in charge and anyone could say whatever they liked.

In this new reality, there were no irritating moderator-type figures removing links to this and that, and nobody warning people against breaking rules that suddenly didn’t exist anymore. In essence, previously tight-knit and street-wise file-sharing and piracy communities not only became fragmented, but also chaotic.

This meant that anyone could become a leader and in some cases, this was the utopia that many had hoped for. Not only couldn’t the record labels or Hollywood tell people what to do anymore, discussion site operators couldn’t either. For those who didn’t abuse the power and for those who knew no better, this was a much-needed breath of fresh air. But, like all good things, it was unlikely to last forever.

Where most file-sharing of yesterday was carried out by hobbyist enthusiasts, many of today’s pirates are far more casual. They’re just as thirsty for content, but they don’t want to spend hours hunting for it. They want it all on a plate, at the flick of a switch, delivered to their TV with a minimum of hassle.

With online discussions increasingly seen as laborious and old-fashioned, many mainstream pirates have turned to easy-to-consume videos. In support of their Kodi media player habits, YouTube has become the educational platform of choice for millions.

As a result, there is now a long line of self-declared Kodi piracy specialists scooping up millions of views on YouTube. Their videos – which in many cases are thinly veiled advertisements for third party addons, Kodi ‘builds’, illegal IPTV services, and obscure Android APKs – are now the main way for a new generation to obtain direct advice on pirating.

Many of the videos are incredibly blatant, like the past 15 years of litigation never happened. All the lessons learned by the phpBB board operators of yesteryear, of how to achieve their goals of sharing information without getting shut down, have been long forgotten. In their place, a barrage of daily videos designed to generate clicks and affiliate revenue, no matter what the cost, no matter what the risk.

It’s pretty clear that these videos are at least partly responsible for the phenomenal uptick in Kodi and Android-based piracy over the past few years. In that respect, many lovers of free content will be eternally grateful for the service they’ve provided. But like many piracy movements over the years, people shouldn’t get too attached to them, at least in their current form.

Thanks to the devil-may-care approach of many influential YouTubers, it won’t be long before a whole new set of moderators begin flexing their muscles. While your average phpBB moderator could be reasoned with in order to get a second chance, a determined and largely faceless YouTube will eject offenders without so much as a clear explanation.

When this happens (and it’s only a question of time given the growing blatancy of many tutorials) YouTubers will not only lose their voices but their revenue streams too. While YouTube’s partner programs bring in some welcome cash, the profitable affiliate schemes touted on these channels for external products will also be under threat.

Perhaps the most surprising thing in this drama-waiting-to-happen is that many of the most popular YouTubers can hardly be considered young and naive. While some are of more tender years, most – with their undoubted skill, knowledge and work ethic – should know better for their 30 or 40 years on this planet. Yet not only do they make their names public, they feature their faces heavily in their videos too.

Still, it’s likely that it will take some big YouTube accounts to fall before YouTubers respond by shaving the sharp edges off their blatant promotion of illegal activity. And there’s little doubt that those advertising products (which is most of them) will have to do so sooner rather than later.

Just this week, YouTube made it clear that it won’t tolerate people making money from the promotion of illegal activities.

“YouTube creators may include paid endorsements as part of their content only if the product or service they are endorsing complies with our advertising policies,” YouTube told the BBC.

“We will be working with creators going forward so they better understand that in video promotions [they] must not promote dishonest activity.”

That being said, like many other players in the piracy and file-sharing space over the past 18 years, YouTubers will eventually begin to learn that not only can the smart survive, they can flourish too.

Sure, there will be people out there who’ll protest that free speech allows citizens to express themselves in a manner of their choosing. But try PM’ing that to YouTube in response to a strike, and see how that fares.

When they say you’re done, the road back is a long one.

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

Pirate IPTV Blocking Case is No Slam Dunk Says Federal Court Judge

Post Syndicated from Andy original https://torrentfreak.com/pirate-iptv-blocking-case-is-no-slam-dunk-says-federal-court-judge-180502/

Last year, Hong Kong-based broadcaster Television Broadcasts Limited (TVB) applied for a blocking injunction against several unauthorized IPTV services.

Under the Copyright Act, the broadcaster asked the Federal Court to order ISPs including Telstra, Optus, Vocus, and TPG plus their subsidiaries to block access to seven Android-based services named as A1, BlueTV, EVPAD, FunTV, MoonBox, Unblock, and hTV5.

Unlike torrent site and streaming portal blocks granted earlier, it soon became clear that this case would present unique difficulties. TVB not only wants Internet locations (URLs, domains, IP addresses) related to the technical operation of the services blocked, but also hosting services akin to Google Play and Apple’s App Store that host the app.

Furthermore, it is far from clear whether China-focused live programming is eligible for copyright protection in Australia. If China had been a party to the 1961 Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, it would receive protection. As it stands, it does not.

That causes complications in respect of Section 115a of the Copyright Act which allows rightsholders to apply for an injunction to have “overseas online locations” blocked if they facilitate access to copyrighted content. Furthermore, the section requires that the “primary purpose” of the location is to infringe copyrights recognized in Australia. If it does not, then there’s no blocking option available.

“If most of what is occurring here is a reproduction of broadcasts that are not protected by copyright, then the primary purpose is not to facilitate copyright infringement,” Justice Nicholas said in April.

This morning TVB returned to Federal Court for a scheduled hearing. The ISPs were a no-show again, leaving the broadcaster’s legal team to battle it out with Justice Nicholas alone. According to details published by ComputerWorld, he isn’t making it easy for the overseas company.

The Judge put it to TVB that “the purpose of this system [the set-top boxes] is to make available a broadcast that’s not copyright protected in this country, in this country,” he said.

“If 10 per cent of the content was infringing content, how could you say the primary purpose is infringing copyright?” the Judge asked.

But despite the Judge’s reservations, TVB believes that the pirate IPTV services clearly infringe its rights, since alongside live programming, the devices also reproduce TVB movies which do receive protection in Australia. However, the company is also getting creative in an effort to sidestep the ‘live TV’ conundrum.

TVB counsel Julian Cooke told the Court that live TVB broadcasts are first reproduced on foreign servers from where they are communicated to set-top devices in Australia with a delay of between one and four minutes. This is a common feature of all pirate IPTV services which potentially calls into question the nature of the ‘live’ broadcasts. The same servers also carry recorded content too, he argued.

“Because the way the system is set up, it compounds itself … in a number of instances, a particular domain name, which we refer to as the portal target domain name, allows a communication path not just to live TV, but it’s also the communication path to other applications such as replay and video on demand,” Cooke said, as quoted by ZDNet.

Cooke told the Court that he wasn’t sure whether the threshold for “primary purpose” was set at 50% of infringing content but noted that the majority of the content available through the boxes is infringing and the nature of the servers is even more pronounced.

“It compounds the submission that the primary purpose of the online location which is the facilitating server is to facilitate the infringement of copyright using that communication path,” he said.

As TF predicted in our earlier coverage, TVB today got creative by highlighting other content that it does receive copyright protection for in Australia. Previously in the UK, the Premier League successfully stated that it owns copyright in the logos presented in a live broadcast.

This morning, Cooke told the court that TVB “literary works” – scripts used on news shows and subtitling services – receive copyright protection in Australia so urged the Court to consider the full package.

“If one had concerns about live TV, one shouldn’t based on the analysis we’ve done … if one adds that live TV infringements together with video on demand together with replay, there could be no doubt that the primary purpose of the online locations is to infringe copyright,” he said.

Due to the apparent complexity of the case, Justice Nicholas reserved his decision, telling TVB that his ruling could take a couple of months after receiving his “close attention.”

Last week, Village Roadshow and several major Hollywood studios won a blocking injunction against a different pirate IPTV service. HD Subs Plus delivers around 600 live premium channels plus hundreds of movies on demand, but the service will now be blocked by ISPs across Australia.

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

Aussie Federal Court Orders ISPs to Block Pirate IPTV Service

Post Syndicated from Andy original https://torrentfreak.com/aussie-federal-court-orders-isps-to-block-pirate-iptv-service-180427/

After successful applying for ISP blocks against dozens of traditional torrent and streaming portals, Village Roadshow and a coalition of movie studios switched tack last year.

With the threat of pirate subscription IPTV services looming large, Roadshow, Disney, Universal, Warner Bros, Twentieth Century Fox, and Paramount targeted HDSubs+ (also known as PressPlayPlus), a fairly well-known service that provides hundreds of otherwise premium live channels, movies, and sports for a relatively small monthly fee.

The injunction, which was filed last October, targets Australia’s largest ISPs including Telstra, Optus, TPG, and Vocus, plus subsidiaries.

Unlike blocking injunctions targeting regular sites, the studios sought to have several elements of HD Subs+ infrastructure rendered inaccessible, so that its sales platform, EPG (electronic program guide), software (such as an Android and set-top box app), updates, and sundry other services would fail to operate in Australia.

After a six month wait, the Federal Court granted the application earlier today, compelling Australia’s ISPs to block “16 online locations” associated with the HD Subs+ service, rendering its TV services inaccessible Down Under.

“Each respondent must, within 15 business days of service of these orders, take reasonable steps to disable access to the target online locations,” said Justice Nicholas, as quoted by ZDNet.

A small selection of channels in the HDSubs+ package

The ISPs were given flexibility in how to implement the ban, with the Judge noting that DNS blocking, IP address blocking or rerouting, URL blocking, or “any alternative technical means for disabling access”, would be acceptable.

The rightsholders are required to pay a fee of AU$50 fee for each domain they want to block but Village Roadshow says it doesn’t mind doing so, since blocking is in “public interest”. Continuing a pattern established last year, none of the ISPs showed up to the judgment.

A similar IPTV blocking application was filed by Hong Kong-based broadcaster Television Broadcasts Limited (TVB) last year.

TVB wants ISPs including Telstra, Optus, Vocus, and TPG plus their subsidiaries to block access to seven Android-based services named as A1, BlueTV, EVPAD, FunTV, MoonBox, Unblock, and hTV5.

The application was previously heard alongside the HD Subs+ case but will now be handled separately following complications. In April it was revealed that TVB not only wants to block Internet locations related to the technical operation of the service, but also hosting sites that fulfill a role similar to that of Google Play or Apple’s App Store.

TVB wants to have these app marketplaces blocked by Australian ISPs, which would not only render the illicit apps inaccessible to the public but all of the non-infringing ones too.

Justice Nicholas will now have to decide whether the “primary purpose” of these marketplaces is to infringe or facilitate the infringement of TVB’s copyrights. However, there is also a question of whether China-focused live programming has copyright status in Australia. An additional hearing is scheduled for May 2 for these matters to be addressed.

Also on Friday, Foxtel filed yet another blocking application targeting “15 online locations” involving 27 domain names connected to traditional BitTorrent and streaming services.

According to ComputerWorld the injunction targets the same set of ISPs but this time around, Foxtel is trying to save on costs.

The company doesn’t want to have expert witnesses present in court, doesn’t want to stage live demos of websites, and would like to rely on videos and screenshots instead. Foxtel also says that if the ISPs agree, it won’t serve its evidence on them as it has done previously.

The company asked Justice Nicholas to deal with the injunction application “on paper” but he declined, setting a hearing for June 18 but accepting screenshots and videos as evidence.

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

MPAA Chief Says Fighting Piracy Remains “Top Priority”

Post Syndicated from Andy original https://torrentfreak.com/mpaa-chief-says-fighting-piracy-remains-top-priority-180425/

After several high-profile years at the helm of the movie industry’s most powerful lobbying group, last year saw the departure of Chris Dodd from the role of Chairman and CEO at the MPAA.

The former Senator, who earned more than $3.5m a year championing the causes of the major Hollywood studios since 2011, was immediately replaced by another political heavyweight.

Charles Rivkin, who took up his new role September 5, 2017, previously served as Assistant Secretary of State for Economic and Business Affairs in the Obama administration. With an underperforming domestic box office year behind him fortunately overshadowed by massive successes globally, this week he spoke before US movie exhibitors for the first time at CinemaCon in Las Vegas.

“Globally, we hit a record high of $40.6 billion at the box office. Domestically, our $11.1 billion box office was slightly down from the 2016 record. But it exactly matched the previous high from 2015. And it was the second highest total in the past decade,” Rivkin said.

“But it exactly matched the previous high from 2015. And it was the second highest total in the past decade.”

Rivkin, who spent time as President and CEO of The Jim Henson Company, told those in attendance that he shares a deep passion for the movie industry and looks forward optimistically to the future, a future in which content is secured from those who intend on sharing it for free.

“Making sure our creative works are valued and protected is one of the most important things we can do to keep that industry heartbeat strong. At the Henson Company, and WildBrain, I learned just how much intellectual property affects everyone. Our entire business model depended on our ability to license Kermit the Frog, Miss Piggy, and the Muppets and distribute them across the globe,” Rivkin said.

“I understand, on a visceral level, how important copyright is to any creative business and in particular our country’s small and medium enterprises – which are the backbone of the American economy. As Chairman and CEO of the MPAA, I guarantee you that fighting piracy in all forms remains our top priority.”

That tackling piracy is high on the MPAA’s agenda won’t comes as a surprise but at least in terms of the numbers of headlines plastered over the media, high-profile anti-piracy action has been somewhat lacking in recent years.

With lawsuits against torrent sites seemingly a thing of the past and a faltering Megaupload case that will conclude who-knows-when, the MPAA has taken a broader view, seeking partnerships with sometimes rival content creators and distributors, each with a shared desire to curtail illicit media.

“One of the ways that we’re already doing that is through the Alliance for Creativity and Entertainment – or ACE as we call it,” Rivkin said.

“This is a coalition of 30 leading global content creators, including the MPAA’s six member studios as well as Netflix, and Amazon. We work together as a powerful team to ensure our stories are seen as they were intended to be, and that their creators are rewarded for their hard work.”

Announced in June 2017, ACE has become a united anti-piracy powerhouse for a huge range of entertainment industry groups, encompassing the likes of CBS, HBO, BBC, Sky, Bell Canada, CBS, Hulu, Lionsgate, Foxtel and Village Roadshow, to name a few.

The coalition was announced by former MPAA Chief Chris Dodd and now, with serious financial input from all companies involved, appears to be picking its fights carefully, focusing on the growing problem of streaming piracy centered around misuse of Kodi and similar platforms.

From threatening relatively small-time producers and distributors of third-party addons and builds (1,2,3), ACE is also attempting to make its mark among the profiteers.

The group now has several lawsuits underway in the United States against people selling piracy-enabled IPTV boxes including Tickbox, Dragon Box, and during the last week, Set TV.

With these important cases pending, Rivkin offered assurances that his organization remains committed to anti-piracy enforcement and he thanked exhibitors for their efforts to prevent people quickly running away with copies of the latest releases.

“I am grateful to all of you for recognizing what is at stake, and for working with us to protect creativity, such as fighting the use of illegal camcorders in theaters,” he said.

“Protecting our creativity isn’t only a fundamental right. It’s an economic necessity, for us and all creative economies. Film and television are among the most valuable – and most impactful – exports we have.

Thus far at least, Rivkin has a noticeably less aggressive tone on piracy than his predecessor Chris Dodd but it’s unlikely that will be mistaken for weakness among pirates, nor should it. The MPAA isn’t known for going soft on pirates and it certainly won’t be changing course anytime soon.

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

Facebook Privacy Fiasco Sees Congress Urged on Anti-Piracy Action

Post Syndicated from Andy original https://torrentfreak.com/facebook-privacy-fiasco-sees-congress-urged-on-anti-piracy-action-180420/

It has been a tumultuous few weeks for Facebook, and some would say quite rightly so. The company is a notorious harvester of personal information but last month’s Cambridge Analytica scandal really brought things to a head.

With Facebook co-founder and Chief Executive Officer Mark Zuckerberg in the midst of a PR nightmare, last Tuesday the entrepreneur appeared before the Senate. A day later he faced a grilling from lawmakers, answering questions concerning the social networking giant’s problems with user privacy and how it responds to breaches.

What practical measures Zuckerberg and his team will take to calm the storm are yet to unfold but the opportunity to broaden the attack on both Facebook and others in the user-generated content field is now being seized upon. Yes, privacy is the number one controversy at the moment but Facebook and others of its ilk need to step up and take responsibility for everything posted on their platforms.

That’s the argument presented by the American Federation of Musicians, the Content Creators Coalition, CreativeFuture, and the Independent Film & Television Alliance, who together represent more than 650 entertainment industry companies and 240,000 members. CreativeFuture alone represents more than 500 companies, including all the big Hollywood studios and major players in the music industry.

In letters sent to the Senate Committee on the Judiciary; the Senate Committee on Commerce, Science, and Transportation; and the House Energy and Commerce Committee, the coalitions urge Congress to not only ensure that Facebook gets its house in order, but that Google, Twitter, and similar platforms do so too.

The letters begin with calls to protect user data and tackle the menace of fake news but given the nature of the coalitions and their entertainment industry members, it’s no surprise to see where this is heading.

“In last week’s hearing, Mr. Zuckerberg stressed several times that Facebook must ‘take a broader view of our responsibility,’ acknowledging that it is ‘responsible for the content’ that appears on its service and must ‘take a more active view in policing the ecosystem’ it created,” the letter reads.

“While most content on Facebook is not produced by Facebook, they are the publisher and distributor of immense amounts of content to billions around the world. It is worth noting that a lot of that content is posted without the consent of the people who created it, including those in the creative industries we represent.”

The letter recalls Zuckerberg as characterizing Facebook’s failure to take a broader view of its responsibilities as a “big mistake” while noting he’s also promised change.

However, the entertainment groups contend that the way the company has conducted itself – and the manner in which many Silicon Valley companies conduct themselves – is supported and encouraged by safe harbors and legal immunities that absolve internet platforms of accountability.

“We agree that change needs to happen – but we must ask ourselves whether we can expect to see real change as long as these companies are allowed to continue to operate in a policy framework that prioritizes the growth of the internet over accountability and protects those that fail to act responsibly. We believe this question must be at the center of any action Congress takes in response to the recent failures,” the groups write.

But while the Facebook fiasco has provided the opportunity for criticism, CreativeFuture and its colleagues see the problem from a much broader perspective. They suck in companies like Google, which is also criticized for shirking its responsibilities, largely because the law doesn’t compel it to act any differently.

“Google, another major global platform that has long resisted meaningful accountability, also needs to step forward and endorse the broader view of responsibility expressed by Mr. Zuckerberg – as do many others,” they continue.

“The real problem is not Facebook, or Mark Zuckerberg, regardless of how sincerely he seeks to own the ‘mistakes’ that led to the hearing last week. The problem is endemic in a system that applies a different set of rules to the internet and fails to impose ordinary norms of accountability on businesses that are built around monetizing other people’s personal information and content.”

Noting that Congress has encouraged technology companies to prosper by using a “light hand” for the past several decades, the groups say their level of success now calls for a fresh approach and a heavier touch.

“Facebook and Google are grown-ups – and it is time they behaved that way. If they will not act, then it is up to you and your colleagues in the House to take action and not let these platforms’ abuses continue to pile up,” they conclude.

But with all that said, there is an interesting conflict that develops when presenting the solution to piracy in the context of a user privacy fiasco.

In the EU, many of the companies involved in the coalitions above are calling for pre-emptive filters to prevent allegedly infringing content being uploaded to Facebook and YouTube. That means that all user uploads to such platforms will have to be opened and scanned to see what they contain before they’re allowed online.

So, user privacy or pro-active anti-piracy filters? It might not be easy or even legal to achieve both.

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

MPA Reveals Scale of Worldwide Pirate Site Blocking

Post Syndicated from Andy original https://torrentfreak.com/mpa-reveals-scale-of-worldwide-pirate-site-blocking-180410/

Few people following the controversial topic of Internet piracy will be unaware of the site-blocking phenomenon. It’s now one of the main weapons in the entertainment industries’ arsenal and it’s affecting dozens of countries.

While general figures can be culled from the hundreds of news reports covering the issue, the manner in which blocking is handled in several regions means that updates aren’t always provided. New sites are regularly added to blocklists without fanfare, meaning that the public is kept largely in the dark.

Now, however, a submission to the Canadian Radio-television and Telecommunications Commission (CRTC) by Motion Picture Association Canada provides a more detailed overview. It was presented in support of the proposed blocking regime in Canada, so while the key figures are no doubt accurate, some of the supporting rhetoric should be viewed in context.

“Over the last decade, at least 42 countries have either adopted and implemented, or are legally obligated to adopt and implement, measures to ensure that ISPs take steps to disable access to copyright infringing websites, including throughout the European Union, the United Kingdom, Australia, and South Korea,” the submission reads.

The 42 blocking-capable countries referenced by the Hollywood group include the members of the European Union plus the following: Argentina, Australia, Iceland, India, Israel, Liechtenstein, Malaysia, Mexico, Norway, Russia, Singapore, South Korea, and Thailand.

While all countries have their own unique sets of legislation, countries within the EU are covered by the requirements of Article 8.3 of the INFOSEC Directive which provides that; “Member States shall ensure that rightholders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related right.”

That doesn’t mean that all countries are actively blocking, however. While Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Poland, Romania, Slovakia, and Slovenia have the legal basis to block infringing sites, none have yet done so.

In a significant number of other EU countries, however, blocking activity is prolific.

“To date, in at least 17 European countries, over 1,800 infringing sites and over 5,300 domains utilized by such sites have been blocked, including in the following four countries where the positive impact of site-blocking over time has been demonstrated,” MPA Canada notes.

Major blocking nations in the EU

At this point, it’s worth pointing out that authority to block sites is currently being obtained in two key ways, either through the courts or via an administrative process.

In the examples above, the UK and Denmark are dealt with via the former, with Italy and Portugal handled via the latter. At least as far as the volume of sites is concerned, court processes – which can be expensive – tend to yield lower site blocking levels than those carried out through an administrative process. Indeed, the MPAA has praised Portugal’s super-streamlined efforts as something to aspire to.

Outside Europe, the same two processes are also in use. For example, Australia, Argentina, and Singapore utilize the judicial route while South Korea, Mexico, Malaysia and Indonesia have opted for administrative remedies.

“Across 10 of these countries, over 1,100 infringing sites and over 1,500 domains utilized by such sites have been blocked,” MPA Canada reveals.

To date, South Korea has blocked 460 sites and 547 domains, while Australia has blocked 91 sites and 355 domains. In the case of the latter, “research has confirmed the increasingly positive impact that site-blocking has, as a greater number of sites are blocked over time,” the Hollywood group notes.

Although by no means comprehensive, MPA Canada lists the following “Notorious Sites” as subject to blocking in multiple countries via both judicial and administrative means. Most will be familiar, with the truly notorious The Pirate Bay heading the pile. Several no longer exist in their original form but in many cases, clones are blocked as if they still represent the original target.


The methods used to block the sites vary from country to country, dependent on what courts deem fit and in consideration of ISPs’ technical capabilities. Three main tools are in use including DNS blocking, IP address blocking, and URL blocking, which can also include Deep Packet Inspection.

The MPA submission (pdf) is strongly in favor of adding Canada to the list of site-blocking countries detailed above. The Hollywood group believes that the measures are both effective and proportionate, citing reduced usage of blocked sites, reduced traffic to pirate sites in general, and increased visits to legitimate platforms.

“There is every reason to believe that the website blocking measures [presented to the CRTC] will lead to the same beneficial results in Canada,” MPA Canada states.

While plenty of content creators and distributors are in favor of proposals, all signs suggest they will have a battle on their hands, with even some ISPs coming out in opposition.

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

Piracy Falls 6%, in Spain, But It’s Still a Multi-Billion Euro Problem

Post Syndicated from Andy original https://torrentfreak.com/piracy-falls-6-in-spain-but-its-still-a-multi-billion-euro-problem-180409/

The Coalition of Creators and Content Industries, which represents Spain’s leading entertainment industry companies, is keeping a close eye on the local piracy landscape.

The outfit has just published its latest Piracy Observatory and Digital Content Consumption Habits report, carried out by the independent consultant GFK, and there is good news to report on headline piracy figures.

During 2017, the report estimates that people accessed unlicensed digital content just over four billion times, which equates to almost 21.9 billion euros in lost revenues. While this is a significant number, it’s a decrease of 6% compared to 2016 and an accumulated decrease of 9% compared to 2015, the coalition reports.

Overall, movies are most popular with pirates, with 34% helping themselves to content without paying.

“The volume of films accessed illegally during 2017 was 726 million, with a market value of 5.7 billion euros, compared to 6.9 billion in 2016. 35% of accesses happened while the film was still on screens in cinema theaters, while this percentage was 33% in 2016,” the report notes.

TV shows are in a close second position with 30% of users gobbling up 945 million episodes illegally during 2017. A surprisingly high 24% of users went for eBooks, with music relegated to fourth place with ‘just’ 22%, followed by videogames (11%) and football (10%).

The reasons given by pirates for their habits are both varied and familiar. 51% said that original content is too expensive while 43% said that taking the illegal route “is fast and easy”. Half of the pirates said that simply paying for an internet connection was justification for getting content for free.

A quarter of all pirates believe that they aren’t doing anyone any harm, with the same number saying they get content without paying because there are no consequences for doing so. But it isn’t just pirates themselves in the firing line.

Perhaps unsurprisingly given the current climate, the report heavily criticizes search engines for facilitating access to infringing content.

“With 75%, search engines are the main method of accessing illegal content and Google is used for nine out of ten accesses to pirate content,” the report reads.

“Regarding social networks, Facebook is the most used method of access (83%), followed by Twitter (42%) and Instagram (34%). Therefore it is most valuable that Facebook has reached agreements with different industries to become a legal source and to regulate access to content.”

Once on pirate sites, some consumers reported difficulties in determining whether they’re legal or not. Around 15% said that they had “big difficulties” telling whether a site is authorized with 44% saying they had problems “sometimes”.

That being said, given the amount of advertising on pirate sites, it’s no surprise that most knew a pirate site when they visited one and, according to the report, advertising placement is only on the up.

Just over a quarter of advertising appearing on pirate sites features well-known brands, although this is a reduction from more than 37% in 2016. This needs to be further improved, the coalition says, via collaboration between all parties involved in the industry.

A curious claim from the report is that 81% of pirate site users said they were required to register in order to use a platform. This resulted in “transferring personal data” to pirate site operators who gather it in databases that are used for profitable “e-marketing campaigns”.

“Pirate sites also get much more valuable data than one could imagine which allow them to get important economic benefits, as for example, Internet surfing habits, other websites visited by consumers, preferences, likes, and purchase habits,” the report states.

So what can be done to reduce consumer reliance on pirate sites? The report finds that consumers are largely in line with how the entertainment industries believe piracy should or could be tackled.

“The most efficient measures against piracy would be, according to the internet users’ own view, blocking access to the website offering content (78%) and penalizing internet providers (73%),” the report reads.

“Following these two, the best measure to reduce infringements would be, according to consumers, to promote social awareness campaigns against piracy (61%). This suggests that increased collaboration between the content sector and the ISPs (Internet Service Providers) could count on consumers’ support and positive assessment.”

Finally, consumers in Spain are familiar with the legal options, should they wish to take that route in future. Netflix awareness in the country is at 91%, Spotify at 81%, with Movistar+ and HBO at 80% and 68% respectively.

“This invalidates the reasons given by pirate users who said they did so because of the lack of an accessible legal offer at affordable prices,” the report adds.

However, those who take the plunge into the legal world don’t always kick the pirate habit, with the paper stating that users of pirates sites tend to carry on pirating, although they do pirate less in some sectors, notably music. The study also departs from findings in other regions that pirates can also be avid consumers of legitimate content.

Several reports, from the UK, Sweden, Australia, and even from Hollywood, have clearly indicated that pirates are the entertainment industries’ best customers.

In Spain, however, the situation appears to be much more pessimistic, with only 8% of people who access illegal digital content paying for legal content too. That seems low given that Netflix alone had more than a million Spanish subscribers at the end of 2017 and six million Spanish households currently subscribe to other pay TV services.

The report is available here (Spanish, pdf)

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

Why Did The World’s Largest Streaming Site Suddenly Shut Down?

Post Syndicated from Andy original https://torrentfreak.com/why-did-the-worlds-largest-streaming-site-suddenly-shut-down-180401/

With sites like The Pirate Bay still going great guns in the background, streaming sites are now all the rage. With their Netflix style interfaces and almost instant streaming, these platforms provide the kind of instant fix impatient pirates long for.

One of the most successful was 123Movies, which over the past 18 months and several rebrandings (123movieshub, GoMovies) later managed to build a steady base of millions of users.

Had such a site made its base in the US or Europe, it’s likely that authorities would’ve been breathing down its neck somewhat sooner. However, the skyrocketing platform was allegedly based in Vietnam, a country not exactly known for its staunch support of intellectual property rights. Nevertheless, the tentacles of Hollywood and its friends in government are never far away.

In March 2017, US Ambassador to Vietnam Ted Osius called on the local Government to criminally prosecute the people behind movie streaming site 123movies, Kisscartoon, and a Putlocker variant.

Osius had a meeting with Truong Minh Tuan, Vietnam’s Minister of Information and Communications, after which the Minister assured the Ambassador that Vietnam wanted to protect copyrights. He reportedly told Osius that a decision would soon be made on how to deal with the pirate streaming sites. Perhaps coincidentally, perhaps not, during the discussions 123Movies suffered a significant period of downtime.

Almost exactly a year later, the MPAA piled on the pressure again when it branded 123Movies as the “most popular illegal site in the world”, noting that its 98 million monthly visitors were being serviced from Vietnam.

Then, around March 19, 2018, 123Movies announced that it would be shutting down for good. A notice on the site was accompanied by a countdown timer, predicting the end of the site in five days. When the timer ran out, so did the site and it remains down to this day. But was its closure entirely down to the MPAA?

For the past couple of years, Vietnam has been seeking to overhaul its intellectual property laws, not least due to pressure from countries like the United States. Then, last October, Vietnamese Ambassador Duong Chi Dung was voted in as chairman of the World Intellectual Property Organization (WIPO) General Assembly for the 2018-19 tenure.

It was the first time in 12 years that the Asia-Pacific region had had one of its representatives serving as chairperson of the WIPO General Assembly. Quite an honor considering the diplomat enjoyed the backing of 191 member nations during the Assembly’s 49th session in Geneva, Switzerland.

Then in February, local media began publishing stories detailing how Vietnam was improving its stance towards intellectual property. Citing the sixth annual International IP Index released that month by the US Chamber of Commerce Global Innovation Policy Center (GIPC), it was noted that Vietnam’s score was on the increase.

“Vietnam has taken some positive steps forward towards strengthening its IP framework to compete more closely with its Southeast Asian peers, increasing its score,” said Patrick Kilbride, vice president of GIPC.

“With continued investment in strong IP rights, Vietnam can harness this positive momentum to become a leader in the region, stimulate its domestic capacity for innovation, and enhance its global competitiveness.”

The Vietnam government was also credited with passing legislation to “strengthen the criminal standards for IP infringement”, a move set to “strengthen the enforcement environment” in the country.

Amid the positive developments, it was noted that Vietnam has a way to go. Early March a report in Vietnam News cited a deputy chief inspector of the Ministry of Science and Technology as saying that while an intellectual property court is “in sight”, it isn’t yet clear when one will appear.

“There needs be an intellectual property court in Vietnam, but we don’t know when it will be established,” Nguyễn Như Quỳnh said. That, it appears, is happily being exploited, both intentionally and by those who don’t know any better.

“Several young people are making tonnes of money out of their online businesses without having to have capital, just a few tricks to increase the number of ‘fans’ on their Facebook pages,” she said. “But a lot of them sell fake stuff, which is considered an infringement.”

Come April 10, 2018, there will be new IP regulations in place in Vietnam concerning local and cross-border copyright protection. Additionally, amendments made last year to the Penal Code, which took effect this year, mean that IP infringements carried out by businesses will now be subject to criminal prosecution.

“Article 225 of the Penal Code stipulates that violations of IPR and related rights by private individuals carries a non-custodial sentence of three years or a jail term of up to three years,” Vietnamnet.vn reports.

“Businesses found guilty will be fined VND300 million to VND1 billion (US$13,000-43,800) for the first offense. If the offense is repeated, the penalty will be a fine of VND3 billion ($130,000) or suspension of operations for up to two years.”

The threshold for criminality appears to be quite low. Previously, infringements had to be carried out “on a commercial scale” to qualify but now all that is required is an illicit profit of around US$500.

How this soup of intellectual property commitments, legislative change, hopes, dreams and promises will affect the apparent rise and fall of streaming platforms in Vietnam is unclear. All that being said, it seems likely that all of these factors are playing their part to ratchet up the pressure.

And, with the US currently playing hardball with China over a lack of respect for IP rights, Vietnam will be keen to be viewed as a cooperative nation.

As for 123Movies, it’s unknown whether it will reappear anytime soon, if at all, given the apparent shifting enthusiasm towards protecting IP in Vietnam. Perhaps against the odds its sister site, Animehub, which was launched in December 2017, is still online. But that could be gone in the blink of an eye too, if recent history is anything to go by.

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

Dotcom’s Bid to Compel Obama to Give Evidence Rejected By High Court

Post Syndicated from Andy original https://torrentfreak.com/dotcoms-bid-to-compel-obama-to-give-evidence-rejected-by-high-court-180321/

With former US president Barack Obama in New Zealand until Friday, the visit provided a golden opportunity for Kim Dotcom to pile on yet more pressure over the strained prosecution of both him and his defunct cloud storage site, Megaupload.

In a statement issued yesterday, Dotcom reiterated his claims that attempts to have him extradited to the United States have no basis in law, chiefly due to the fact that the online dissemination of copyright-protected works by Megaupload’s users is not an extradition offense in New Zealand.

Mainly, however, Dotcom shone yet more light on what he perceives to be the dark politics behind the case, arguing that the Obama administration was under pressure from Hollywood to do something about copyright enforcement or risk losing funding. He says they pulled out all the stops and trampled his rights to prevent that from happening.

In a lengthy affidavit, filed this week to coincide with Obama’s visit, Dotcom called on the High Court to compel the former president to give evidence in the entrepreneur’s retaliatory multi-billion dollar damages claim against the Kiwi government.

This morning, however, Chief High Court Judge, Justice Geoffrey Venning, quickly shut that effort down.

With Obama enjoying a round of golf alongside former Prime Minister and Dotcom nemesis John Key, Justice Venning declined the request to compel Obama to give evidence, whether in New Zealand during the current visit or via letter of request to judicial authorities in the United States.

In his decision, Justice Venning notes that Dotcom’s applications were filed late on March 19 and the matter was only handed to him yesterday. As a result, he convened a telephone conference this morning to “deal with the application as a matter of urgency.”

Dotcom’s legal team argued that in the absence of a Court order it’s unlikely that Obama would give evidence. Equally, given that no date has yet been set for Dotcom’s damages hearing, it will “not be practicable” to serve Obama at a later point in the United States.

Furthermore, absent an order compelling his attendance, Obama would be unlikely to be called as a witness, despite him being the most competent potential witness currently present in New Zealand.

Dotcom counsel Ron Mansfield accepted that there would be practical limitations on what could be achieved between March 21 and March 23 while Obama is in New Zealand. However, he asked that an order be granted so that it could be served while Obama is in the country, even if the examination took place at a later date.

The Judge wasn’t convinced.

“Despite Mr Mansfield’s concession, I consider the application is still premature. The current civil proceedings were only filed on 22 December 2017. The defendants have applied for an order deferring the filing of a statement of defense pending the determination of the hearing of two appeals currently before the Court of Appeal. That application is yet to be determined,” Justice Venning’s decision reads.

The Judge also questions whether evidence Obama could give would be relevant.

He notes that Dotcom’s evidence is based on the fact that Hollywood was a major benefactor of the Democratic Party in the United States and that, in his opinion, the action against Megaupload and him “met the United States’ need to appease the Hollywood lobby” and “that the United States and New Zealand’s interests were perfectly aligned.”

However, Dotcom’s transcripts of his conversations with a lobbyist, which appeared to indicate Obama’s dissatisfaction with the Megaupload prosecution, are dismissed as “hearsay evidence”. Documentation of a private lunch with Obama and the head of the MPAA is also played down.

“Mr Dotcom’s opinion that Mr Obama’s evidence will be relevant to the present claims appears at best speculative,” the Judge notes.

But even if the evidence had been stronger, Justice Venning says that Obama would need to be given time to prepare for an examination, given that it would relate to matters that occurred several years ago.

“He would need to review relevant documents and materials from the time in preparation for any examination. That confirms the current application is premature,” the Judge writes.

In support, it is noted that Dotcom knew as early as February 21 that Obama’s visit would be taking place this week, yet his application was filed just days ago.

With that, the Judge dismissed the application, allowing Obama to play golf in peace. Well, relative peace at least. Dotcom isn’t done yet.

“I am disappointed of course because I believe my affidavit contains compelling evidence of the link between the Obama administration, Hollywood, and my extradition proceeding. However, after seven years of this, I am used to fighting to get to the truth and will keep fighting. Next round!” Dotcom said in response.

“The judgment is no surprise and we’ll get the opportunity to question Obama sooner or later,” he added.

As a further indication of the international nature of Dotcom’s case, the Megaupload founder also reminded people of his former connections to Hong Kong, noting that people in power there are keeping an eye on his case.

“The Chinese Government is watching my case with interest. Expect some bold action in the Hong Kong Courts soon. Never again shall an accusation from the US DOJ be enough to destroy a Hong Kong business. That lesson will soon be learned,” he said.

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

Dotcom Affidavit Calls For Obama to Give Evidence in Megaupload Case

Post Syndicated from Andy original https://torrentfreak.com/dotcom-affidavit-calls-for-obama-to-give-evidence-in-megaupload-case-180320/

For more than six years since the raid on Megaupload, founder Kim Dotcom has insisted that the case against him, his co-defendants, and his company, was politically motivated.

The serial entrepreneur states unequivocally that former president Barack Obama’s close ties to Hollywood were the driving force.

Later today, Obama will touch down for a visit to New Zealand. In what appears to be a tightly managed affair, with heavy restrictions placed on the media and publicity, it seems clear that Obama wants to maintain control over his social and business engagements in the country.

But of course, New Zealand is home to Kim Dotcom and as someone who feels wronged by the actions of the former administration, he is determined to use this opportunity to shine more light on Obama’s role in the downfall of his company.

In a statement this morning, Dotcom reiterated his claims that attempts to have him extradited to the United States have no basis in law, chiefly due to the fact that the online dissemination of copyright-protected works by Megaupload’s users is not an extradition offense in New Zealand.

But Dotcom also attacks the politics behind his case, arguing that the Obama administration was under pressure from Hollywood to do something about copyright enforcement or risk losing financial support.

In connection with his case, Dotcom is currently suing the New Zealand government for billions of dollars so while Obama is in town, Dotcom is demanding that the former president gives evidence.

Dotcom’s case is laid out in a highly-detailed sworn affidavit dated March 19, 2018. The Megaupload founder explains that Hollywood has historically been a major benefactor of the Democrats so when seeking re-election for a further term, the Democrats were under pressure from the movie companies to make an example of Megaupload and Dotcom.

Dotcom notes that while he was based in Hong Kong, extradition to the US would be challenging. So, with Dotcom seeking residence in New Zealand, a plot was hatched to allow him into the country, despite the New Zealand government knowing that a criminal prosecution lay in wait for him. Dotcom says that by doing a favor for Hollywood, it could mean that New Zealand became a favored destination for US filmmakers.

“The interests of the United States and New Zealand were therefore perfectly aligned. I provided the perfect opportunity for New Zealand to facilitate the United States’ show of force on copyright enforcement,” Dotcom writes.

Citing documents obtained from Open Secrets, Dotcom shows how the Democrats took an 81% share of more than $46m donated to political parties in the US during the 2008 election cycle. In the 2010 cycle, 76% of more than $24m went to the Democrats and in 2012, they scooped up 78% of more than $56m.

Dotcom then recalls the attempts at passing the Stop Online Piracy Act (SOPA), which would have shifted the enforcement of copyright onto ISPs, assisting Hollywood greatly. Ultimately, Congressional support for the proposed legislation was withdrawn and Dotcom recalls this was followed by a public threat from the MPAA to withdraw campaign contributions on which the Democrats were especially reliant.

“The message to the White House was plain: do not expect funding if you do not advance the MPAA’s legislative agenda. On 20 January 2012, the day after this statement, I was arrested,” Dotcom notes.

Describing Megaupload as a highly profitable and innovative platform that highlighted copyright owners’ failure to keep up with the way in which content is now consumed, Dotcom says it made the perfect target for the Democrats.

Convinced the party was at the root of his prosecution, he utilized his connections in Hong Kong to contact Thomas Hart, a lawyer and lobbyist in Washington, D.C. with strong connections to the Democrats and the White House.

Dotcom said a telephone call between him and Mr Hart revealed that then Vice President Joe Biden was at the center of Dotcom’s prosecution but that Obama was dissatisfied with the way things had been handled.

“Biden did admit to have… you know, kind of started it, you know, along with support from others but it was Biden’s decision…,” Hart allegedly said.

“What he [President Obama] expressed to me was a growing concern about the matter. He indicated an awareness of that it had not gone well, that it was more complicated than he thought, that he will turn his attention to it more prominently after November.”

Dotcom says that Obama was “questioning the whole thing,” a suggestion that he may not have been fully committed to the continuing prosecution.

The affidavit then lists a whole series of meetings in 2011, documented in the White House visitor logs. They include meetings with then United States Attorney Neil McBride, various representatives from Hollywood, MPAA chief Chris Dodd, Mike Ellis of the MPA (who was based in Hong Kong and had met with New Zealand’s then Minister of Justice, Simon Power) and the Obama administration.

In summary, Dotcom suggests there was a highly organized scheme against him, hatched between Hollywood and the Obama administration, that had the provision of funds to win re-election at its heart.

From there, an intertwined agreement was reached at the highest levels of both the US and New Zealand governments where the former would benefit through tax concessions to Hollywood (and a sweetening of relations between the countries) and the latter would benefit financially through investment.

All New Zealand had to do was let Dotcom in for a while and then hand him over to the United States for prosecution. And New Zealand definitely knew that Dotcom was wanted by the US. Emails obtained by Dotcom concerning his residency application show that clearly.

“Kim DOTCOM is not of security concern but is likely to soon become the subject of a joint FBI / NZ Police criminal investigation. We have passed this over to NZ Police,” one of the emails reads. Another, well over a year before the raid, also shows the level of knowledge.

Bad but wealthy, so we have plans for him…

With “political pressure” to grant Dotcom’s application in place, Immigration New Zealand finally gave the Megaupload founder the thumbs-up on November 1, 2010. Dotcom believes that New Zealand was concerned he may have walked away from his application.

“This would have been of grave concern to the Government, which, at that time, was in negotiations with Hollywood lobby,” his affidavit reads.

“The last thing they would have needed at that delicate stage of the negotiations was for me to walk away from New Zealand and return to Hong Kong, where extradition would be more difficult. I believe that this concern is what prompted the ‘political pressure’ that led to my application finally being granted despite the presence of factors that would have caused anyone else’s application to have been rejected.”

Dotcom says that after being granted residency, there were signs things weren’t going to plan for him. The entrepreneur applied to buy his now-famous former mansion for NZ$37m, an application that was initially approved. However, after being passed to Simon Power, the application was denied.

“It would appear that, although my character was apparently good enough for me to be granted residence in November 2010, in July 2011 it was not considered good enough for me to buy property in New Zealand,” Dotcom notes.

“The Honourable Mr Power clearly did not want me purchasing $37 million of real estate, presumably because he knew that the United States was going to seek forfeiture of my assets and he did not want what was then the most expensive property in New Zealand being forfeited to the United States government.”

Of course, Dotcom concludes by highlighting the unlawful spying by New Zealand’s GCSB spy agency and the disproportionate use of force displayed by the police when they raided him in 2010 using dozens of armed officers. This, combined with all of the above, means that questions about his case must now be answered at the highest levels. With Obama in town, there’s no time like the present.

“As the evidence above demonstrates, this improper purpose which was then embraced by the New Zealand authorities, originated in the White House under the Obama administration. It is therefore necessary to examine Mr Obama in this proceeding,” Dotcom concludes.

Press blackouts aside, it appears that Obama has rather a lot of golf lined up for the coming days. Whether he’ll have any time to answer Dotcom’s questions is one thing but whether he’ll even be asked to is perhaps the most important point of all.

The full affidavit and masses of supporting evidence can be found here.

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

Founder of Fan-Made Subtitle Site Lose Copyright Infringement Appeal

Post Syndicated from Andy original https://torrentfreak.com/founder-of-fan-made-subtitle-site-lose-copyright-infringement-appeal-180318/

For millions of people around the world, subtitles are the only way to enjoy media in languages other than that in the original production. For the deaf and hard of hearing, they are absolutely essential.

Movie and TV show companies tend to be quiet good at providing subtitles eventually but in line with other restrictive practices associated with their industry, it can often mean a long wait for the consumer, particularly in overseas territories.

For this reason, fan-made subtitles have become somewhat of a cottage industry in recent years. Where companies fail to provide subtitles quickly enough, fans step in and create them by hand. This has led to the rise of a number of subtitling platforms, including the now widely recognized Undertexter.se in Sweden.

The platform had its roots back in 2003 but first hit the headlines in 2013 when Swedish police caused an uproar by raiding the site and seizing its servers.

“The people who work on the site don’t consider their own interpretation of dialog to be something illegal, especially when we’re handing out these interpretations for free,” site founder Eugen Archy said at the time.

Vowing to never give up in the face of pressure from the authorities, anti-piracy outfit Rättighetsalliansen (Rights Alliance), and companies including Nordisk Film, Paramount, Universal, Sony and Warner, Archy said that the battle over what began as a high school project would continue.

“No Hollywood, you played the wrong card here. We will never give up, we live in a free country and Swedish people have every right to publish their own interpretations of a movie or TV show,” he said.

It took four more years but in 2017 the Undertexter founder was prosecuted for distributing copyright-infringing subtitles while facing a potential prison sentence.

Things didn’t go well and last September the Attunda District Court found him guilty and sentenced the then 32-year-old operator to probation. In addition, he was told to pay 217,000 Swedish krona ($26,400) to be taken from advertising and donation revenues collected through the site.

Eugen Archy took the case to appeal, arguing that the Svea Hovrätt (Svea Court of Appeal) should acquit him of all the charges and dismiss or at least reduce the amount he was ordered to pay by the lower court. Needless to say, this was challenged by the prosecution.

On appeal, Archy agreed that he was the person behind Undertexter but disputed that the subtitle files uploaded to his site infringed on the plaintiffs’ copyrights, arguing they were creative works in their own right.

While to an extent that may have been the case, the Court found that the translations themselves depended on the rights connected to the original work, which were entirely held by the relevant copyright holders. While paraphrasing and parody might be allowed, pure translations are completely covered by the rights in the original and cannot be seen as new and independent works, the Court found.

The Svea Hovrätt also found that Archy acted intentionally, noting that in addition to administering the site and doing some translating work himself, it was “inconceivable” that he did not know that the subtitles made available related to copyrighted dialog found in movies.

In conclusion, the Court of Appeal upheld Archy’s copyright infringement conviction (pdf, Swedish) and sentenced him to probation, as previously determined by the Attunda District Court.

Last year, the legal status of user-created subtitles was also tested in the Netherlands. In response to local anti-piracy outfit BREIN forcing several subtitling groups into retreat, a group of fansubbers decided to fight back.

After raising their own funds, in 2016 the “Free Subtitles Foundation” (Stichting Laat Ondertitels Vrij – SLOV) took the decision to sue BREIN with the hope of obtaining a favorable legal ruling.

In 2017 it all fell apart when the Amsterdam District Court handed down its decision and sided with BREIN on each count.

The Court found that subtitles can only be created and distributed after permission has been obtained from copyright holders. Doing so outside these parameters amounts to copyright infringement.

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

ACE Warns Kodi Addon Developer to Sign Settlement Agreement, Or Else

Post Syndicated from Andy original https://torrentfreak.com/ace-warns-kodi-addon-developer-to-sign-settlement-agreement-or-else-180306/

The Alliance for Creativity and Entertainment (ACE) is a coalition of 30 companies that reads like a who’s who of the global entertainment market.

All of the major Hollywood studios are members, plus Amazon, Netflix, BBC, Hulu, and Village Roadshow, to name a few.

ACE was launched last year to present a united front against online infringement and since then has been involved in various anti-piracy actions.

ACE has made the third-party Kodi addon scene one of its early priorities, targeting developers with home visits and lengthy letters demanding that they cease and desist their activities. This has led to several pulling back from the scene but in some instances, this doesn’t appear to have been enough for ACE.

The letters received by the developers also include a requirement for them to sign a settlement agreement which binds them to a particular course of future behavior set out by ACE. It’s unclear how many developers have signed but TorrentFreak is aware that several have not.

One of those is JSergio123 who last November announced he would be discontinuing development of several Kodi addons after being targeted by ACE.

“Sorry to say but I am stopping all development of the urlresolver, metahandler, and my other addons,” he said.

JSergio123’s reluctance to sign an agreement with ACE hasn’t gone unnoticed by the anti-piracy group. In a letter dated March 5, 2018 and signed by Kelly Klaus of US-based lawfirm Munger, Tolles & Olson, the developer is reminded of what transpired last year and what is expected of him moving forward.

“I understand that ACE counsel have discussed with you various of your “Addon” software applications and related software and services, including URLResolver (collectively, the “[redacted] Addons”) and other actions you have undertaken to induce and contribute to the mass infringement of the ACE members’ copyrighted works,” Klaus writes.

“I also understand that ACE counsel have provided you with a proposed settlement agreement, pursuant to which you would end your infringing activities and provide cooperation and other consideration in exchange for ACE agreeing not to pursue legal action against you arising out of your infringing activities. To date, you have not signed the settlement agreement.”

JSergio123’s precise reasons for not signing the settlement agreement aren’t being made public. However, TorrentFreak understands that some of the terms presented to addon developers last year have caused considerable concern. In some cases they are difficult to meet, not to mention unpalatable to the people involved.

They include promises to ensure that specified addons and indeed any developed in the future can no longer infringe copyright. For those that scrape third-party sources, this could prove impossible to absolutely guarantee. This could effectively put developers out of the addon game – legitimate or otherwise – for good.

TF is also informed that ACE demanded a high-level of cooperation, including that the developers should supply what amounts to a full confession, detailing all the projects they’ve been involved in, past and present.

Furthermore, the ACE agreement reportedly requires developers to inform on their colleagues by providing personal information such as identities and contact details. There’s also a requirement to indicate whether and how developers been making money from their activities.

The new letter from ACE, which is shown below after being published by JSergio, refers to a “most recent draft of the settlement agreement that ACE members would be willing to sign.”

Whether this contains any amendments from the settlement agreements sent out last year isn’t clear but Mr Klaus, who is a veteran of several large infringement lawsuits in the US, says that JSergio should take the offer seriously.

“I strongly urge you to consider the gravity of this situation and sign the agreement,” the lawyer concludes.

ACE Letter (credit: JSergio123)


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

Dotcom: Obama Admitted “Mistakes Were Made” in Megaupload Case

Post Syndicated from Andy original https://torrentfreak.com/dotcom-obama-admitted-mistakes-were-made-in-megaupload-case-180301/

When Megaupload was forcefully shut down in 2012, it initially appeared like ‘just’ another wave of copyright enforcement action by US authorities.

When additional details began to filter through, the reality of what had happened was nothing short of extraordinary.

Not only were large numbers of Megaupload servers and millions of dollars seized, but Kim Dotcom’s home in New Zealand was subjected to a military-style raid comprised of helicopters and dozens of heavily armed special tactics police. The whole thing was monitored live by the FBI.

Few people who watched the events of that now-infamous January day unfold came to the conclusion this was a routine copyright-infringement case. According to Kim Dotcom, whose life had just been turned upside down, something of this scale must’ve filtered down from the very top of the US government. It was hard to disagree.

At the time, Dotcom told TorrentFreak that then-Vice President Joe Biden directed attorney Neil MacBride to target the cloud storage site and ever since the Megaupload founder has leveled increasingly serious allegations at officials of the former government of Barack Obama.

For example, Dotcom says that since the US would have difficulty gaining access to him in his former home of Hong Kong, the government of New Zealand was persuaded to welcome him in, knowing they would eventually turn him over to the United States. More recently he’s been turning up the pressure again, such as a tweet on February 20th which cast more light on that process.

“Joe Biden had a White House meeting with an ‘extradition expert’ who worked for Hong Kong police and a handful of Hollywood executives to discuss my case. A week prior to this meeting Neil MacBride hand-delivered his action plan to Biden’s chief of staff, also at the White House,” Dotcom wrote.

But this claim is just the tip of an extremely large iceberg that’s involved illegal spying on Dotcom in New Zealand and a dizzying array of legal battles that are set to go on for years to come. But perhaps of most interest now is that rather than wilting away under the pressure, Dotcom appears to be just warming up.

A few hours ago Dotcom commented on an article published in The Hill which revealed that Barack Obama will visit New Zealand in March, possibly to celebrate the opening of Air New Zealand’s new route to the U.S.

Rather than expressing disappointment, the Megaupload founder seemed pleased that the former president would be touching down next month.

“Great. I’ll have a Court subpoena waiting for him in New Zealand,” Dotcom wrote.

But that was just a mere hors d’oeuvre, with the main course was yet to come. But come it did.

“A wealthy Asian Megaupload shareholder hired a friend of the Obamas to enquire about our case. This person was recommended by a member of the Chinese politburo ‘if you want to get to Obama directly’. We did,” Dotcom revealed.

Dotcom says he’ll release a transcript detailing what Obama told his friend on March 21 when Obama arrives in town but in the meantime, he offered another little taster.

“Mistakes were made. It hasn’t gone well,” Obama reportedly told the person reporting back to Megaupload. “It’s a problem. I’ll see to it after the election.”

Of course, Obama’s position after the election was much different to what had gone before, but that didn’t stop Dotcom’s associates infiltrating the process aimed at keeping the Democrats in power.

“Our friendly Obama contact smuggled an @EFF lawyer into a re-election fundraiser hosted by former Vice President Joe Biden,” he revealed.

“When Biden was asked about the Megaupload case he bragged that it was his case and that he ‘took care of it’,” which is what Dotcom has been claiming all along.

On March 21, when Obama lands in New Zealand, Dotcom says he’ll be waiting.

“I’m looking forward to @BarackObama providing some insight into the political dimension of the Megaupload case when he arrives in the New Zealand jurisdiction,” he teased.

Better get the popcorn ready….

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

Hollywood Commissioned Tough Jail Sentences for Online Piracy, ISP Says

Post Syndicated from Andy original https://torrentfreak.com/hollywood-commissioned-tough-jail-sentences-for-online-piracy-isp-says-180227/

According to local prosecutors who have handled many copyright infringement cases over the past decade, Sweden is nowhere near tough enough on those who commit online infringement.

With this in mind, the government sought advice on how such crimes should be punished, not only more severely, but also in proportion to the damages alleged to have been caused by defendants’ activities.

The corresponding report was returned to Minister for Justice Heléne Fritzon earlier this month by Council of Justice member Dag Mattsson. The paper proposed a new tier of offenses that should receive special punishment when there are convictions for large-scale copyright infringement and “serious” trademark infringement.

Partitioning the offenses into two broad categories, the report envisions those found guilty of copyright infringement or trademark infringement “of a normal grade” may be sentenced to fines or imprisonment up to a maximum of two years. For those at the other end of the scale, engaged in “cases of gross crimes”, the penalty sought is a minimum of six months in prison and not more than six years.

The proposals have been criticized by those who feel that copyright infringement shouldn’t be put on a par with more serious and even potentially violent crimes. On the other hand, tools to deter larger instances of infringement have been welcomed by entertainment industry groups, who have long sought more robust sentencing options in order to protect their interests.

In the middle, however, are Internet service providers such as Bahnhof, who are often dragged into the online piracy debate due to the allegedly infringing actions of some of their customers. In a statement on the new proposals, the company is clear on why Sweden is preparing to take such a tough stance against infringement.

“It’s not a daring guess that media companies are asking for Sweden to tighten the penalty for illegal file sharing and streaming,” says Bahnhof lawyer Wilhelm Dahlborn.

“It would have been better if the need for legislative change had taken place at EU level and co-ordinated with other similar intellectual property legislation.”

Bahnhof chief Jon Karlung, who is never afraid to speak his mind on such matters, goes a step further. He believes the initiative amounts to a gift to the United States.

“It’s nothing but a commission from the American film industry,” Karlung says.

“I do not mind them going for their goals in court and trying to protect their interests, but it does not mean that the state, the police, and ultimately taxpayers should put mass resources on it.”

Bahnhof notes that the proposals for the toughest extended jail sentences aren’t directly aimed at petty file-sharers. However, the introduction of a new offense of “gross crime” means that the limitation period shifts from the current five years to ten.

It also means that due to the expansion of prison terms beyond two years, secret monitoring of communications (known as HÖK) could come into play.

“If the police have access to HÖK, it can be used to get information about which individuals are file sharing,” warns Bahnhof lawyer Wilhelm Dahlborn.

“One can also imagine a scenario where media companies increasingly report crime as gross in order to get the police to do the investigative work they have previously done. Harder punishments to tackle file-sharing also appear very old-fashioned and equally ineffective.”

As noted in our earlier report, the new proposals also include measures that would enable the state to confiscate all kinds of property, both physical items and more intangible assets such as domain names. Bahnhof also takes issue with this, noting that domains are not the problem here.

“In our opinion, it is not the domain name which is the problem, it is the content of the website that the domain name points to,” the company says.

“Moreover, confiscation of a domain name may conflict with constitutional rules on freedom of expression in a way that is very unfortunate. The issues of freedom of expression and why copyright infringement is to be treated differently haven’t been addressed much in the investigation.”

Under the new proposals, damage to rightsholders and monetary gain by the defendant would also be taken into account when assessing whether a crime is “gross” or not. This raises questions as to what extent someone could be held liable for piracy when a rightsholder maintains damage was caused yet no profit was generated.

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

Subtitle Heroes: Fansubbing Movie Criticized For Piracy Promotion

Post Syndicated from Andy original https://torrentfreak.com/subtitle-heroes-fansubbing-movie-criticized-for-piracy-promotion-180217/

With many thousands of movies and TV shows being made available illegally online every year, a significant number will be enjoyed by speakers of languages other than that presented in the original production.

When Hollywood blockbusters appear online, small armies of individuals around the world spring into action, translating the dialog into Chinese and Czech, Dutch and Danish, French and Farsi, Russian and Romanian, plus a dozen languages in between. TV shows, particularly those produced in the US, get the same immediate treatment.

For many years, subtitling (‘fansubbing’) communities have provided an incredible service to citizens around the globe, from those seeking to experience new culture and languages to the hard of hearing and profoundly deaf. Now, following in the footsteps of movies like TPB:AFK and Kim Dotcom: Caught in the Web, a new movie has premiered in Italy which celebrates this extraordinary movement.

Subs Heroes from writer and director Franco Dipietro hit cinemas at the end of January. It documents the contribution fansubbing has made to Italian culture in a country that under fascism in 1934 banned the use of foreign languages in films, books, newspapers and everyday speech.

The movie centers on the large subtitle site ItalianSubs.net. Founded by a group of teenagers in 2006, it is now run by a team of men and women who maintain their identities as regular citizens during the day but transform into “superheroes of fansubbing” at night.

Needless to say, not everyone is pleased with this depiction of the people behind the now-infamous 500,000 member site.

For many years, fansubbing attracted very little heat but over time anti-piracy groups have been turning up the pressure, accusing subtitling teams of fueling piracy. This notion is shared by local anti-piracy outfit FAPAV (Federation for the Protection of Audiovisual and Multimedia Content), which has accused Dipietro’s movie of glamorizing criminal activity.

In a statement following the release of Subs Heroes, FAPAV made its position crystal clear: sites like ItalianSubs do not contribute to the development of the audiovisual market in Italy.

“It is necessary to clarify: when a protected work is subtitled and there is no right to do so, a crime is committed,” the anti-piracy group says.

“[Italiansubs] translates and makes available subtitles of audiovisual works (films and television series) in many cases not yet distributed on the Italian market. All this without having requested the consent of the rights holders. Ergo the Italiansubs community is illegal.”

Italiansubs (note ad for movie, top right)

FAPAV General Secretary Federico Bagnoli Rossi says that the impact that fansubbers have on the market is significant, causing damage not only to companies distributing the content but also to those who invest in official translations.

The fact that fansubbers often translate content that is not yet available in the region only compounds matters, Rossi says, noting that unofficial translations can also have “direct consequences” on those who have language dubbing as an occupation.

“The audiovisual market today needs to be supported and the protection and fight against illicit behaviors are as fundamental as investments and creative ideas,” Rossi notes.

“Everyone must do their part, respecting the rules and with a competitive and global cultural vision. There are no ‘superheroes’ or noble goals behind piracy, but only great damage to the audiovisual sector and all its workers.”

Also piling on the criticism is the chief of the National Cinema Exhibitors’ Association, who wrote to all of the companies involved to remind them that unauthorized subtitling is a crime. According to local reports, there seems to be an underlying tone that people should avoid becoming associated with the movie.

This did not please director Franco Dipietro who is defending his right to document the fansubbing movement, whether the industry likes it or not.

“We invite those who perhaps think differently to deepen the discussion and maybe organize an event to talk about it together. The film is made to confront and talk about a phenomenon that, whether we like it or not, exists and we can not pretend that it is not there,” Dipietro concludes.



Subs Heroes Trailer 1 from Duel: on Vimeo.



Subs Heroes Trailer 2 from Duel: on Vimeo.

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

Court Orders Spanish ISPs to Block Pirate Sites For Hollywood

Post Syndicated from Andy original https://torrentfreak.com/court-orders-spanish-isps-to-block-pirate-sites-for-hollywood-180216/

Determined to reduce levels of piracy globally, Hollywood has become one of the main proponents of site-blocking on the planet. To date there have been multiple lawsuits in far-flung jurisdictions, with Europe one of the primary targets.

Following complaints from Disney, 20th Century Fox, Paramount, Sony, Universal and Warner, Spain has become one of the latest targets. According to the studios a pair of sites – HDFull.tv and Repelis.tv – infringe their copyrights on a grand scale and need to be slowed down by preventing users from accessing them.

HDFull is a platform that provides movies and TV shows in both Spanish and English. Almost 60% its traffic comes from Spain and after a huge surge in visitors last July, it’s now the 337th most popular site in the country according to Alexa. Visitors from Mexico, Argentina, United States and Chile make up the rest of its audience.

Repelis.tv is a similar streaming portal specializing in movies, mainly in Spanish. A third of the site’s visitors hail from Mexico with the remainder coming from Argentina, Columbia, Spain and Chile. In common with HDFull, Repelis has been building its visitor numbers quickly since 2017.

The studios demanding more blocks

With a ruling in hand from the European Court of Justice which determined that sites can be blocked on copyright infringement grounds, the studios asked the courts to issue an injunction against several local ISPs including Telefónica, Vodafone, Orange and Xfera. In an order handed down this week, Barcelona Commercial Court No. 6 sided with the studios and ordered the ISPs to begin blocking the sites.

“They damage the legitimate rights of those who own the films and series, which these pages illegally display and with which they profit illegally through the advertising revenues they generate,” a statement from the Spanish Federation of Cinematographic Distributors (FEDECINE) reads.

FEDECINE General director Estela Artacho said that changes in local law have helped to provide the studios with a new way to protect audiovisual content released in Spain.

“Thanks to the latest reform of the Civil Procedure Law, we have in this jurisdiction a new way to exercise different possibilities to protect our commercial film offering,” Artacho said.

“Those of us who are part of this industry work to make culture accessible and offer the best cinematographic experience in the best possible conditions, guaranteeing the continuity of the sector.”

The development was also welcomed by Stan McCoy, president of the Motion Picture Association’s EMEA division, which represents the plaintiffs in the case.

“We have just taken a welcome step which we consider crucial to face the problem of piracy in Spain,” McCoy said.

“These actions are necessary to maintain the sustainability of the creative community both in Spain and throughout Europe. We want to ensure that consumers enjoy the entertainment offer in a safe and secure environment.”

After gaining experience from blockades and subsequent circumvention in other regions, the studios seem better prepared to tackle fallout in Spain. In addition to blocking primary domains, the ruling handed down by the court this week also obliges ISPs to block any other domain, subdomain or IP address whose purpose is to facilitate access to the blocked platforms.

News of Spain’s ‘pirate’ blocks come on the heels of fresh developments in Germany, where this week a court ordered ISP Vodafone to block KinoX, one of the country’s most popular streaming portals.

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

‘Pirate’ Kodi Addon Devs & Distributors Told to Cease-and-Desist

Post Syndicated from Andy original https://torrentfreak.com/pirate-kodi-addon-devs-distributors-told-to-cease-and-desist-180214/

Last November, following a year of upheaval for third-party addon creators and distributors, yet more turmoil hit the community in the form of threats from the world’s most powerful anti-piracy coalition – the Alliance for Creativity and Entertainment (ACE).

Comprised of 30 companies including the studios of the MPAA, Amazon, Netflix, CBS, HBO, BBC, Sky, Bell Canada, CBS, Hulu, Lionsgate, Foxtel, Village Roadshow, and many more, ACE warned several developers to shut down – or else.

The letter: shut down – or else

Now it appears that ACE is on the warpath again, this time targeting a broader range of individuals involved in the Kodi addon scene, from developers and distributors to those involved in the production of how-to videos on YouTube.

The first report of action came from TVAddons, who noted that the lead developer at the Noobs and Nerds repository had been targeted with a cease-and-desist notice, adding that people from the site had been “visited at their homes.”

As seen in the image below, the Noobs and Nerds website is currently down. The site’s Twitter account has also been disabled.

Noobs and Nerds – gone

While TVAddons couldn’t precisely confirm the source of the threat, information gathered from individuals involved in the addon scene all point to the involvement of ACE.

In particular, a man known online as Teverz, who develops his own builds, runs a repo, and creates Kodi-themed YouTube videos, confirmed that ACE had been in touch.

An apparently unconcerned Teverz….

“I am not a dev so they really don’t scare me lmao,” he added.

Teverz claims to be from Canada and it appears that others in the country are also facing cease and desist notices. An individual known as Doggmatic, who also identifies as Canadian and has Kodi builds under his belt, says he too was targeted.

Another target in Canada

Doggmatic, who appears to be part of the Illuminati repo, says he had someone call the people who sent the cease-and-desist but like Teverz, he doesn’t seem overly concerned, at least for now.

“I have a legal representative calling them. The letters they sent aren’t legal documents. No lawyer signed them and no law firm mentioned,” Doggmatic said.

But the threats don’t stop there. Blamo, the developer of the Neptune Rising addon accessible from the Blamo repo, also claims to have been threatened.

SpinzTV, who offers unofficial Kodi builds and an associated repository, is also under the spotlight. Unlike his Canadian counterparts, he has already thrown in the towel, according to a short announcement on Twitter.

For SpinzTV it’s all over…

TorrentFreak contacted the Alliance for Creativity and Entertainment, asking them if they could confirm the actions and provide any additional details. At the time of publication they had no information for us but we’ll update if and when that comes in.

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

Kim Dotcom Begins New Fight to Avoid Extradition to United States

Post Syndicated from Andy original https://torrentfreak.com/kim-dotcom-begins-new-fight-to-avoid-extradition-to-united-states-180212/

More than six years ago in January 2012, file-hosting site Megaupload was shut down by the United States government and founder Kim Dotcom and his associates were arrested in New Zealand.

What followed was an epic legal battle to extradite Dotcom, Mathias Ortmann, Finn Batato, and Bram van der Kolk to the United States to face several counts including copyright infringement, racketeering, and money laundering. Dotcom has battled the US government every inch of the way.

The most significant matters include the validity of the search warrants used to raid Dotcom’s Coatesville home on January 20, 2012. Despite a prolonged trip through the legal system, in 2014 the Supreme Court dismissed Dotcom’s appeals that the search warrants weren’t valid.

In 2015, the District Court later ruled that Dotcom and his associates are eligible for extradition. A subsequent appeal to the High Court failed when in February 2017 – and despite a finding that communicating copyright-protected works to the public is not a criminal offense in New Zealand – a judge also ruled in favor.

Of course, Dotcom and his associates immediately filed appeals and today in the Court of Appeal in Wellington, their hearing got underway.

Lawyer Grant Illingworth, representing Van der Kolk and Ortmann, told the Court that the case had “gone off the rails” during the initial 10-week extradition hearing in 2015, arguing that the case had merited “meaningful” consideration by a judge, something which failed to happen.

“It all went wrong. It went absolutely, totally wrong,” Mr. Illingworth said. “We were not heard.”

As expected, Illingworth underlined the belief that under New Zealand law, a person may only be extradited for an offense that could be tried in a criminal court locally. His clients’ cases do not meet that standard, the lawyer argued.

Turning back the clocks more than six years, Illingworth again raised the thorny issue of the warrants used to authorize the raids on the Megaupload defendants.

It had previously been established that New Zealand’s GCSB intelligence service had illegally spied on Dotcom and his associates in the lead up to their arrests. However, that fact was not disclosed to the District Court judge who authorized the raids.

“We say that there was misleading conduct at this stage because there was no reference to the fact that information had been gathered illegally by the GCSB,” he said.

But according to Justice Forrest Miller, even if this defense argument holds up the High Court had already found there was a prima facie case to answer “with bells on”.

“The difficulty that you face here ultimately is whether the judicial process that has been followed in both of the courts below was meaningful, to use the Canadian standard,” Justice Miller said.

“You’re going to have to persuade us that what Justice Gilbert [in the High Court] ended up with, even assuming your interpretation of the legislation is correct, was wrong.”

Although the US seeks to extradite Dotcom and his associates on 13 charges, including racketeering, copyright infringement, money laundering and wire fraud, the Court of Appeal previously confirmed that extradition could be granted based on just some of the charges.

The stakes couldn’t be much higher. The FBI says that the “Megaupload Conspiracy” earned the quartet $175m and if extradited to the US, they could face decades in jail.

While Dotcom was not in court today, he has been active on Twitter.

“The court process went ‘off the rails’ when the only copyright expert Judge in NZ was >removed< from my case and replaced by a non-tech Judge who asked if Mega was ‘cow storage’. He then simply copy/pasted 85% of the US submissions into his judgment," Dotcom wrote.

Dotcom also appeared to question the suitability of judges at both the High Court and Court of Appeal for the task in hand.

“Justice Miller and Justice Gilbert (he wrote that High Court judgment) were business partners at the law firm Chapman Tripp which represents the Hollywood Studios in my case. Both Judges are now at the Court of Appeal. Gilbert was promoted shortly after ruling against me,” Dotcom added.

Dotcom is currently suing the New Zealand government for billions of dollars in damages over the warrant which triggered his arrest and the demise of Megaupload.

The hearing is expected to last up to two-and-a-half weeks.

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

Hollywood Says Only Site-Blocking Left to Beat Piracy in New Zealand

Post Syndicated from Andy original https://torrentfreak.com/hollywood-says-only-site-blocking-left-to-beat-piracy-in-new-zealand-180123/

The Motion Picture Distributors’ Association (MPDA) is a non-profit organisation which represents major international film studios in New Zealand.

With companies including Fox, Sony, Paramount, Roadshow, Disney, and Universal on the books, the MPDA sings from the same sheet as the MPAA and MPA. It also hopes to achieve in New Zealand what its counterparts have achieved in Europe and Australia but cannot on home soil – mass pirate site blocking.

In a release heralding the New Zealand screen industry’s annual contribution of around NZ$1.05 billion to GDP and NZ$706 million to exports, MPDA Managing Director Matthew Cheetham says that despite the successes, serious challenges lie ahead.

“When we have the illegal file sharing site the Pirate Bay as New Zealand’s 19th most popular site in New Zealand, it is clear that legitimate movie and TV distribution channels face challenges,” Cheetham says.

MPDA members in New Zealand

In common with movie bosses in many regions, Cheetham is hoping that the legal system will rise to the challenge and assist distributors to tackle the piracy problem. In New Zealand, that might yet require a change in the law but given recent changes in Australia, that doesn’t seem like a distant proposition.

Last December, the New Zealand government announced an overhaul of the country’s copyright laws. A review of the Copyright Act 1994 was announced by the previous government and is now scheduled to go ahead this year. The government has already indicated a willingness to consider amendments to the Act in order to meet the objectives of New Zealand’s copyright regime.

“In New Zealand, piracy is almost an accepted thing, because no one’s really doing anything about it, because no one actually can do anything about it,” Cheetham said last month.

It’s quite unusual for Hollywood’s representatives to say nothing can be done about piracy. However, there was a small ray of hope this morning when Cheetham said that there is actually one option left.

“There’s nothing we can do in New Zealand apart from site blocking,” Cheetham said.

So, as the MPDA appears to pin its hopes on legislative change, other players in the entertainment industry are testing the legal system as it stands today.

Last September, Sky TV began a pioneering ‘pirate’ site-blocking challenge in the New Zealand High Court, applying for an injunction against several local ISPs to prevent their subscribers from accessing several pirate sites.

The boss of Vocus, one of the ISP groups targeted, responded angrily, describing Sky’s efforts as “dinosaur behavior” and something one would expect in North Korea, not in New Zealand.

“It isn’t our job to police the Internet and it sure as hell isn’t SKY’s either, all sites should be equal and open,” General Manager Taryn Hamilton said.

The response from ISPs suggests that even when the matter of site-blocking is discussed as part of the Copyright Act review, introducing specific legislation may not be smooth sailing. In that respect, all eyes will turn to the Sky process, to see if some precedent can be set there.

Finally, another familiar problem continues to raise its head down under. So-called “Kodi boxes” – the now generic phrase often used to describe set-top devices configured for piracy – are also on the content industries’ radar.

There are a couple of cases still pending against sellers, including one in which a budding entrepreneur sent out marketing letters claiming that his service was better than Sky’s offering. For seller Krish Reddy, this didn’t turn out well as the company responded with a NZ$1m lawsuit.

Generally, however, both content industries and consumers are having a good time in New Zealand but the MPDA’s Cheetham says that taking on pirates is never easy.

“It’s been called the golden age of television and a lot of premium movies have been released in the last 12 or 18 months. Content providers and distributors have really upped their game in the last five or 10 years to meet what people want but it’s very difficult to compete with free,” Cheetham concludes.

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