Tag Archives: hosting

Spinrilla Refuses to Share Its Source Code With the RIAA

Post Syndicated from Ernesto original https://torrentfreak.com/spinrilla-refuses-to-share-its-source-code-with-the-riaa-170815/

Earlier this year, a group of well-known labels targeted Spinrilla, a popular hip-hop mixtape site and accompanying app with millions of users.

The coalition of record labels including Sony Music, Warner Bros. Records, and Universal Music Group, filed a lawsuit accusing the service of alleged copyright infringements.

Both sides have started the discovery process and recently asked the court to rule on several unresolved matters. The parties begin with their statements of facts, clearly from opposite angles.

The RIAA remains confident that the mixtape site is ripping off music creators and wants its operators to be held accountable.

“Since Spinrilla launched, Defendants have facilitated millions of unauthorized downloads and streams of thousands of Plaintiffs’ sound recordings without Plaintiffs’ permission,” RIAA writes, complaining about “rampant” infringement on the site.

However, Spinrilla itself believes that the claims are overblown. The company points out that the RIAA’s complaint only lists a tiny fraction of all the songs uploaded by its users. These somehow slipped through its Audible Magic anti-piracy filter.

Where the RIAA paints a picture of rampant copyright infringement, the mixtape site stresses that the record labels are complaining about less than 0.001% of all the tracks they ever published.

“From 2013 to the present, Spinrilla users have uploaded about 1 million songs to Spinrilla’s servers and Spinrilla published about 850,000 of those. Plaintiffs are complaining that 210 of those songs are owned by them and published on Spinrilla without permission,” Spinrilla’s lawyers write.

“That means that Plaintiffs make no claim to 99.9998% of the songs on Spinrilla. Plaintiffs’ shouting of ‘rampant infringement on Spinrilla’, an accusation that Spinrilla was designed to allow easy and open access to infringing material, and assertion that ‘Defendants have facilitated millions of unauthorized downloads’ of those 210 songs is untrue – it is nothing more than a wish and a dream.”

The company reiterates that it’s a platform for independent musicians and that it doesn’t want to feature the Eminem’s and Bieber’s of this world, especially not without permission.

As for the discovery process, there are still several outstanding issues they need the Court’s advice on. Spinrilla has thus far produced 12,000 pages of documents and answered all RIAA interrogatories, but refuses to hand over certain information, including its source code.

According to Spinrilla, there is no reason for the RIAA to have access to its “crown jewel.”

“The source code is the crown jewel of any software based business, including Spinrilla. Even worse, Plaintiffs want an ‘executable’ version of Spinrilla’s source code, which would literally enable them to replicate Spinrilla’s entire website. Any Plaintiff could, in hours, delete all references to ‘Spinrilla,’ add its own brand and launch Spinrilla’s exact website.

“If we sued YouTube for hosting 210 infringing videos, would I be entitled to the source code for YouTube? There is simply no justification for Spinrilla sharing its source code with Plaintiffs,” Spinrilla adds.

The RIAA, on the other hand, argues that the source code will provide insight into several critical issues, including Spinrilla’s knowledge about infringing activity and its ability to terminate repeat copyright infringers.

In addition to the source code, the RIAA has also requested detailed information about the site’s users, including their download and streaming history. This request is too broad, the mixtape site argues, and has offered to provide information on the uploaders of the 210 infringing tracks instead.

It’s clear that the RIAA and Spinrilla disagree on various fronts and it will be up to the court to decide what information must be handed over. So far, however, the language used clearly shows that both parties are far from reaching some kind of compromise.

The first joint discovery statement is available in full here (pdf).

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

BREIN is Taking Infamous ‘Piracy’ Hosting Provider Ecatel to Court

Post Syndicated from Andy original https://torrentfreak.com/brein-is-taking-infamous-piracy-hosting-provider-ecatel-to-court-170815/

A regular website can be easily hosted in most countries of the world but when the nature of the project begins to step on toes, opportunities begin to reduce. Openly hosting The Pirate Bay, for example, is something few providers want to get involved with.

There are, however, providers out there who specialize in hosting services that others won’t touch. They develop a reputation of turning a blind eye to their customers’ activities, only reacting when a crisis looms on the horizon. Despite the problems, there are a few that are surprisingly resilient.

One such host is Netherlands-based Ecatel, which has hit the headlines many times over the years for allegedly having customers involved in warez, torrents, and streaming, not to mention spam and malware. For hosting the former group, it’s now in the crosshairs of Dutch anti-piracy group BREIN.

According to an application for a witness hearing filed with The Court of the Hague by BREIN, Ecatel has repeatedly hosted websites dealing in infringing content over recent years. While this is nothing particularly out of the ordinary, BREIN claims that complaints filed against the sites were dealt with slowly by Ecatel or not at all.

Ecatel Ltd is a company incorporated in the UK with servers in the Netherlands but since 2015, another hosting company called Novogara has appeared in tandem. Court documents suggest that Novogara is associated with Ecatel, something that was confirmed early 2016 in an email sent out by Ecatel itself.

“We’d like to inform you that all services of Ecatel Ltd are taken over by a new brand called Novogara Ltd with immediate effect. The take-over includes Ecatel and all her subsidiaries,” the email read.

Muddying the waters a little more, in 2015 Ecatel’s IP addresses were apparently taken over by Quasi Networks Ltd, a Seychelles-based company whose business is described locally as being conducted entirely overseas.

“Stichting BREIN has found several websites in the network of Quasi Networks with obviously infringing content. Quasi Networks, however, does not respond structurally to requests for closing those websites. This involves unlawful acts against the parties associated with the BREIN Foundation,” a ruling from the Court reads.

As a result, BREIN wants a witness hearing with three defendants connected to the Ecatel/Novgara/Quasi group of companies in order to establish the relationship between the businesses, where their servers are, and who is behind Quasi Networks.

“Stichting BREIN is interested in this information in order to be able to judge who it can appeal to and whether it is useful to start a legal procedure,” the Court adds.

Two of the defendants failed to lodge a defense against BREIN’s application but one objected to the request for a hearing. He said that since Quasi Networks, Ecatel and Novogara are all incorporated outside the Netherlands, a trial must also be conducted abroad and therefore a Dutch judge would not have jurisdiction.

He also argued that BREIN would use the witness hearing as a “fishing expedition” in order to gather information it currently does not have, in order to formulate some kind of case against the defendants, in one way or another.

In a decision published this week, The Court of the Hague rejected that argument, noting that the basis for the claim is copyright infringement through Netherlands-hosted websites. Furthermore, the majority of the witnesses are resident in the district of The Hague. It also underlined the importance of a hearing.

“The request for holding a preliminary witness hearing opens an independent petition procedure, which does not address the eligibility of any claim that may be lodged. An investigation must be made by the judge who has to deal with and decide the main case – if it comes.

“The court points out that a preliminary witness hearing is now (partly) necessary to clarify whether and to what extent a claim has any chance of success,” the decision reads.

According to documents published by Companies House in the UK, Ecatel Ltd ceased to exist this morning, having been dissolved at the request of its directors.

The hearing of the witnesses is set to take place on Tuesday, September 26, 2017 at 9.30 in the Palace of Justice at Prince Claus 60 in The Hague.

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

Internet Archive Blocked in 2,650 Site Anti-Piracy Sweep

Post Syndicated from Andy original https://torrentfreak.com/internet-archive-blocked-in-2650-site-anti-piracy-sweep-170810/

Reports of sites becoming mysteriously inaccessible in India have been a regular occurance over the past several years. In many cases, sites simply stop functioning, leaving users wondering whether sites are actually down or whether there’s a technical issue.

Due to their increasing prevalence, fingers are often pointed at so-called ‘John Doe’ orders, which are handed down by the court to prevent Internet piracy. Often sweeping in nature (and in some cases pre-emptive rather than preventative), these injunctions have been known to block access to both file-sharing platforms and innocent bystanders.

Earlier this week (and again for no apparent reason), the world renowned Internet Archive was rendered inaccessible to millions of users in India. The platform, which is considered by many to be one of the Internet’s most valued resources, hosts more than 15 petabytes of data, a figure which grows on a daily basis. Yet despite numerous requests for information, none was forthcoming from authorities.

The ‘blocked’ message seen by users accessing Archive.org

Quoted by local news outlet Medianama, Chris Butler, Office Manager at the Internet Archive, said that their attempts to contact the Indian Department of Telecom (DoT) and the Ministry of Electronics and Information Technology (Meity) had proven fruitless.

Noting that site had previously been blocked in India, Butler said they were no clearer on the reasons why the same kind of action had seemingly been taken this week.

“We have no information about why a block would have been implemented,” he said. “Obviously, we are disappointed and concerned by this situation and are very eager to understand why it’s happening and see full access restored to archive.org.”

Now, however, the mystery has been solved. The BBC says a local government agency provided a copy of a court order obtained by two Bollywood production companies who are attempting to slow down piracy of their films in India.

Issued by a local judge, the sweeping order compels local ISPs to block access to 2,650 mainly file-sharing websites, including The Pirate Bay, RARBG, the revived KickassTorrents, and hundreds of other ‘usual suspects’. However, it also includes the URL for the Internet Archive, hence the problems with accessibility this week.

The injunction, which appears to be another John Doe order as previously suspected, was granted by the High Court of the Judicature at Madras on August 2, 2017. Two film productions companies – Prakash Jah Productions and Red Chillies Entertainment – obtained the order to protect their films Lipstick Under My Burkha and Jab Harry Met Sejal.

While India-based visitors to blocked resources are often greeted with a message saying that domains have been blocked at the orders of the Department of Telecommunications, these pages never give a reason why.

This always leads to confusion, with news outlets having to pressure local government agencies to discover the reason behind the blockades. In the interests of transparency, providing a link to a copy of a relevant court order would probably benefit all involved.

A few hours ago, the Internet Archive published a statement questioning the process undertaken before the court order was handed down.

“Is the Court aware of and did it consider the fact that the Internet Archive has a well-established and standard procedure for rights holders to submit take down requests and processes them expeditiously?” the platform said.

“We find several instances of take down requests submitted for one of the plaintiffs, Red Chillies Entertainments, throughout the past year, each of which were processed and responded to promptly.

“After a preliminary review, we find no instance of our having been contacted by anyone at all about these films. Is there a specific claim that someone posted these films to archive.org? If so, we’d be eager to address it directly with the claimant.”

But while the Internet Archive appears to be the highest profile collateral damage following the ISP blocks, it isn’t the only victim. Now that the court orders have become available (1,2), it’s clear that other non-pirate entities have also been affected including news site WN.com, website hosting service Weebly, and French ISP Free.fr.

Also, in a sign that sites aren’t being checked to see if they host the movies in question, one of the orders demands that former torrent index BitSnoop is blocked. The site shut down earlier this year. The same is true for Shaanig.org.

This is not the first time that the Internet Archive has been blocked in India. In 2014/2015, Archive.org was rendered inaccessible after it was accused of hosting extremist material. In common with Google, the site copies and stores huge amounts of data, much of it in automated processes. This can leave it exposed to these kinds of accusations.

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

Court Won’t Drop Case Against Alleged KickassTorrents Owner

Post Syndicated from Ernesto original https://torrentfreak.com/court-wont-drop-case-against-alleged-kickasstorrents-owner-170804/

kickasstorrents_500x500Last summer, Polish law enforcement officers arrested Artem Vaulin, the alleged founder of KickassTorrents.

Polish authorities acted on a criminal complaint from the US Government, which accused Vaulin of criminal copyright infringement and money laundering.

While Vaulin is still awaiting the final decision in his extradition process in Poland, his US counsel tried to have the entire case thrown out with a motion to dismiss submitted to the Illinois District Court late last year.

One of the fundamental flaws of the case, according to the defense, is that torrent files themselves are not copyrighted content. In addition, they argued that any secondary copyright infringement claims would fail as these are non-existent under criminal law.

After a series of hearings and a long wait afterwards, US District Judge John Z. Lee has now issued his verdict (pdf).

In a 28-page memorandum and order, the motion to dismiss was denied on various grounds.

The court doesn’t contest that torrent files themselves are not protected content under copyright law. However, this argument ignores the fact that the files are used to download copyrighted material, the order reads.

“This argument, however, misunderstands the indictment. The indictment is not concerned with the mere downloading or distribution of torrent files,” Judge Lee writes.

“Granted, the indictment describes these files and charges Vaulin with operating a website dedicated to hosting and distributing them. But the protected content alleged to have been infringed in the indictment is a number of movies and other copyright protected media that users of Vaulin’s network purportedly downloaded and distributed..,” he adds.

In addition, the defense’s argument that secondary copyright infringement claims are non-existent under criminal law doesn’t hold either, according to the Judge’s decision.

Vaulin’s defense noted that the Government’s theory could expose other search engines, such as Google, to criminal liability. While this is theoretically possible, the court sees distinct differences and doesn’t aim to rule on all search engines in general.

“For present purposes, though, the Court need not decide whether and when a search engine operator might engage in conduct sufficient to constitute aiding and abetting criminal copyright infringement. The issue here is whether 18 U.S.C. § 2 applies to 17 U.S.C. § 506. The Court is persuaded that it does,” Judge Lee writes.

Based on these and other conclusions, the motion to dismiss was denied. This means that the case will move forward. The next step will be to see how the Polish court rules on the extradition request.

Vaulin’s lead counsel Ira Rothken is disappointed with the outcome. He stresses that while courts commonly construe indictments in a light most favorable to the government, it went too far in this case.

“Currently a person merely ‘making available’ a file on a network in California wouldn’t even be committing a civil copyright infringement under the ruling in Napster but under today’s ruling that same person doing it in Illinois could be criminally prosecuted by the United States,” Rothken informs TorrentFreak.

“If federal judges disagree on the state of the federal copyright law then people shouldn’t be criminally prosecuted absent clarification by Congress,” he adds.

The defense team is still considering the best options for appeal, and whether they want to go down that road. However, Rothken hopes that the Seventh Circuit Court of Appeals will address the issue in the future.

“We hope one day that the Seventh Circuit Court of Appeals will undo this ruling and the chilling effect it will have on internet search engines, user generated content sites, and millions of netizens globally,” Rothken notes.

For now, however, Vaulin’s legal team will likely shift its focus to preventing his extradition to the United States.

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

TVAddons Returns, But in Ugly War With Canadian Telcos Over Kodi Addons

Post Syndicated from Andy original https://torrentfreak.com/tvaddons-returns-ugly-war-canadian-telcos-kodi-addons-170801/

After Dish Network filed a lawsuit against TVAddons in Texas, several high-profile Kodi addons took the decision to shut down. Soon after, TVAddons itself went offline.

In the weeks that followed, several TVAddons-related domains were signed over (1,2) to a Canadian law firm, a mysterious situation that didn’t dovetail well with the US-based legal action.

TorrentFreak can now reveal that the shutdown of TVAddons had nothing to do with the US action and everything to do with a separate lawsuit filed in Canada.

The complaint against TVAddons

Two months ago on June 2, a collection of Canadian telecoms giants including Bell Canada, Bell ExpressVu, Bell Media, Videotron, Groupe TVA, Rogers Communications and Rogers Media, filed a complaint in Federal Court against Montreal resident, Adam Lackman, the man behind TVAddons.

The 18-page complaint details the plaintiffs’ case against Lackman, claiming that he communicated copyrighted TV shows including Game of Thrones, Prison Break, The Big Bang Theory, America’s Got Talent, Keeping Up With The Kardashians and dozens more, to the public in breach of copyright.

The key claim is that Lackman achieved this by developing, hosting, distributing or promoting Kodi add-ons.

Adam Lackman, the man behind TVAddons (@adam.lackman on Instagram)

A total of 18 major add-ons are detailed in the complaint including 1Channel, Exodus, Phoenix, Stream All The Sources, SportsDevil, cCloudTV and Alluc, to name a few. Also under the spotlight is the ‘FreeTelly’ custom Kodi build distributed by TVAddons alongside its Kodi configuration tool, Indigo.

“[The defendant] has made the [TV shows] available to the public by telecommunication in a way that allows members of the public to have access to them from a place and at a time individually chosen by them…consequently infringing the Plaintiffs’ copyright…in contravention of sections 2.4(1.1), 3(1)(f) and 27(1) of the Copyright Act,” the complaint reads.

The complaint alleges that Lackman “induced and/or authorized users” of the FreeTelly and Indigo tools to carry out infringement by his handling and promotion of infringing add-ons, including through TVAddons.ag and Offshoregit.com, in contravention of sections 3(1)(f) and 27(1) of the Copyright Act.

“Approximately 40 million unique users located around the world are actively using Infringing Addons hosted by TVAddons every month, and approximately 900,000 Canadian households use Infringing Add-ons to access television content. The amount of users of Infringing add-ons hosted TVAddons is constantly increasing,” the complaint adds.

To limit the harm allegedly caused by TVAddons, the complaint asked for interim, interlocutory, and permanent injunctions restraining Lackman and associates from developing, promoting or distributing any of the allegedly infringing add-ons or software. On top, the plaintiffs requested punitive and exemplary damages, plus costs.

The interim injunction and Anton Piller Order

Following the filing of the complaint, on June 9 the Federal Court handed down a time-limited interim injunction against Lackman which restrained him from various activities in respect of TVAddons. The process took place ex parte, meaning in secret, without Lackman being able to mount a defense.

The Court also authorized a bailiff and computer forensics experts to take control of Internet domains including TVAddons.ag and Offshoregit.com plus social media and hosting provider accounts for a period of 14 days. These were transferred to Daniel Drapeau at DrapeauLex, an independent court-appointed supervising counsel.

The order also contained an Anton Piller order, a civil search warrant that grants plaintiffs no-notice permission to enter a defendant’s premises in order to secure and copy evidence to support their case, before it can be destroyed or tampered with.

The order covered not only data related to the TVAddons platform, such as operating and financial details, revenues, and banking information, but everything in Lackman’s possession.

The Court ordered the telecoms companies to inform Lackman that the case against him is a civil proceeding and that he could deny entry to his property if he wished. However, that option would put him in breach of the order and would place him at risk of being fined or even imprisoned. Catch 22 springs to mind.

The Court did, however, put limits on the number of people that could be present during the execution of the Anton Piller order (ostensibly to avoid intimidation) and ordered the plaintiffs to deposit CAD$50,000 with the Court, in case the order was improperly executed. That decision would later prove an important one.

The search and interrogation of TVAddons’ operator

On June 12, the order was executed and Lackman’s premises were searched for more than 16 hours. For nine hours he was interrogated and effectively denied his right to remain silent since non-cooperation with an Anton Piller order amounts to contempt of court. The Court’s stated aim of not intimidating Lackman failed.

The TVAddons operator informs TorrentFreak that he heard a disturbance in the hallway outside and spotted several men hiding on the other side of the door. Fearing for his life, Lackman called the police and when they arrived he opened the door. At this point, the police were told by those in attendance to leave, despite Lackman’s protests.

Once inside, Lackman was told he had an hour to find a lawyer, but couldn’t use any electronic device to get one. Throughout the entire day, Lackman says he was reminded by the plaintiffs’ lawyer that he could be held in contempt of court and jailed, even though he was always cooperating.

“I had to sit there and not leave their sight. I was denied access to medication,” Lackman told TorrentFreak. “I had a doctor’s appointment I was forced to miss. I wasn’t even allowed to call and cancel.”

In papers later filed with the court by Lackman’s team, the Anton Piller order was described as a “bombe atomique” since TVAddons had never been served with so much as a copyright takedown notice in advance of this action.

The Anton Piller controversy

Anton Piller orders are only valid when passing a three-step test: when there is a strong prima facie case against the respondent, the damage – potential or actual – is serious for the applicant, and when there is a real possibility that evidence could be destroyed.

For Bell Canada, Bell ExpressVu, Bell Media, Videotron, Groupe TVA, Rogers Communications and Rogers Media, serious problems emerged on at least two of these points after the execution of the order.

For example, TVAddons carried more than 1,500 add-ons yet only 1% of those add-ons were considered to be infringing, a tiny number in the overall picture. Then there was the not insignificant problem with the exchange that took place during the hearing to obtain the order, during which Lackman was not present.

Clearly, the securing of existing evidence wasn’t the number one priority.

Plaintiffs: We want to destroy TVAddons

And the problems continued.

No right to remain silent, no right to consult a lawyer

The Anton Piller search should have been carried out between 8am and 8pm but actually carried on until midnight. As previously mentioned, Adam Lackman was effectively denied his right to remain silent and was forbidden from getting advice from his lawyer.

None of this sat well with the Honourable B. Richard Bell during a subsequent Federal Court hearing to consider the execution of the Anton Piller order.

“It is important to note that the Defendant was not permitted to refuse to answer questions under fear of contempt proceedings, and his counsel was not permitted to clarify the answers to questions. I conclude unhesitatingly that the Defendant was subjected to an examination for discovery without any of the protections normally afforded to litigants in such circumstances,” the Judge said.

“Here, I would add that the ‘questions’ were not really questions at all. They took the form of orders or directions. For example, the Defendant was told to ‘provide to the bailiff’ or ‘disclose to the Plaintiffs’ solicitors’.”

Evidence preservation? More like a fishing trip

But shockingly, the interrogation of Lackman went much, much further. TorrentFreak understands that the TVAddons operator was given a list of 30 names of people that might be operating sites or services similar to TVAddons. He was then ordered to provide all of the information he had on those individuals.

Of course, people tend to guard their online identities so it’s possible that the information provided by Lackman will be of limited use, but Judge Bell was not happy that the Anton Piller order was abused by the plaintiffs in this way.

“I conclude that those questions, posed by Plaintiffs’ counsel, were solely made in furtherance of their investigation and constituted a hunt for further evidence, as opposed to the preservation of then existing evidence,” he wrote in a June 29 order.

But he was only just getting started.

Plaintiffs unlawfully tried to destroy TVAddons before trial

The Judge went on to note that from their own mouths, the Anton Piller order was purposely designed by the plaintiffs to completely shut down TVAddons, despite the fact that only a tiny proportion of the add-ons available on the site were allegedly used to infringe copyright.

“I am of the view that [the order’s] true purpose was to destroy the livelihood of the Defendant, deny him the financial resources to finance a defense to the claim made against him, and to provide an opportunity for discovery of the Defendant in circumstances where none of the procedural safeguards of our civil justice system could be engaged,” Judge Bell wrote.

As noted, plaintiffs must also have a “strong prima facie case” to obtain an Anton Piller order but Judge Bell says he’s not convinced that one exists. Instead, he praised the “forthright manner” of Lackman, who successfully compared the ability of Kodi addons to find content in the same way as Google search can.

So why the big turn around?

Judge Bell said that while the prima facie case may have appeared strong before the judge who heard the matter ex parte (without Lackman being present to defend himself), the subsequent adversarial hearing undermined it, to the point that it no longer met the threshold.

As a result of these failings, Judge Bell declared the Anton Piller order unlawful. Things didn’t improve for the plaintiffs on the injunction front either.

The Judge said that he believes that Lackman has “an arguable case” that he is not violating the Copyright Act by merely providing addons and that TVAddons is his only source of income. So, if an injunction to close the site was granted, the litigation would effectively be over, since the plaintiffs already admitted that their aim was to neutralize the platform.

If the platform was neutralized, Lackman could no longer earn money from the site, which would harm his ability to mount a defense.

“In considering the balance of convenience, I also repeat that the plaintiffs admit that the vast majority of add-ons are non-infringing. Whether the remaining approximately 1% are infringing is very much up for debate. For these reasons, I find the balance of convenience favors the defendant, and no interlocutory injunction will be issued,” the Judge declared.

With the Anton Piller order declared unlawful and no interlocutory injunction (one effective until the final determination of the case) handed down, things were about to get worse for the telecoms companies.

They had paid CAD$50,000 to the court in security in case things went wrong with the Anton Piller order, so TVAddons was entitled to compensation from that amount. That would be helpful, since at this point TVAddons had already run up CAD$75,000 in legal expenses.

On top, the Judge told independent counsel to give everything seized during the Anton Piller search back to Lackman.

The order to return items previously seized

But things were far from over. Within days, the telecoms companies took the decision to the Court of Appeal, asking for a stay of execution (a delay in carrying out a court order) to retain possession of items seized, including physical property, domains, and social media accounts.

Mid-July the appeal was granted and certain confidentiality clauses affecting independent counsel (including Daniel Drapeau, who holds the TVAddons’ domains) were ordered to be continued. However, considering the problems with the execution of the Anton Piller order, Bell Canada, TVA, Videotron and Rogers et al, were ordered to submit an additional security bond of CAD$140,000, on top of the CAD$50,000 already deposited.

So the battle continues, and continue it will

Speaking with TorrentFreak, Adam Lackman says that he has no choice but to fight the telcoms companies since not doing so would result in a loss by default judgment. Interestingly, both he and one of the judges involved in the case thus far believe he has an arguable case.

Lackman says that his activities are protected under the Canadian Copyright Act, specifically subparagraph 2.4(1)(b) which states as follows:

A person whose only act in respect of the communication of a work or other subject-matter to the public consists of providing the means of telecommunication necessary for another person to so communicate the work or other subject-matter does not communicate that work or other subject-matter to the public;

Of course, finding out whether that’s indeed the case will be a costly endeavor.

“It all comes down to whether we will have the financial resources necessary to mount our defense and go to trial. We won’t have ad revenue coming in, since losing our domain names means that we’ll lose the majority of our traffic for quite some time into the future,” Lackman told TF in a statement.

“We’re hoping that others will be as concerned as us about big companies manipulating the law in order to shut down what they see as competition. We desperately need help in financially supporting our legal defense, we cannot do it alone.

“We’ve run up a legal bill of over $100,000 to date. We’re David, and they are four Goliaths with practically unlimited resources. If we lose, it will mean that new case law is made, case law that could mean increased censorship of the internet.”

In the hope of getting support, TVAddons has launched a fundraiser campaign and in the meantime, a new version of the site is back on a new domain, TVAddons.co.

Given TVAddons’ line of defense, the nature of both the platform and Kodi addons, and the fact that there has already been a serious abuse of process during evidence preservation, this is now one of the most interesting and potentially influential copyright cases underway anywhere today.

TVAddons is being represented by Éva Richard , Hilal Ayoubi and Karim Renno in Canada, plus Erin Russell and Jason Sweet in the United States.

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

BREIN Takes Down 231 Pirate Sites in Six Months, But That’s Not All

Post Syndicated from Andy original https://torrentfreak.com/brein-takes-down-231-pirate-sites-in-six-months-but-thats-not-all-170722/

Over the years, the MPAA and RIAA have grabbed hundreds of headlines for their anti-piracy activities but recently their work has been more subtle. The same cannot be said of Dutch anti-piracy group BREIN.

BREIN is the most prominent outfit of its type in the Netherlands but it’s not uncommon for its work to be felt way beyond its geographical borders. The group’s report for the first six months of 2017 illustrates that in very clear terms.

In its ongoing efforts to reduce piracy on movies, music, TV shows, books and games, BREIN says it carried out 268 investigations during the first two quarters of 2017. That resulted in the takedown of 231 piracy-focused sites and services.

They included 45 cyberlocker linking sites, 30 streaming sites and 9 torrent platforms. The last eDonkey site in the Netherlands was among the haul after its operators reached a settlement with BREIN. The anti-piracy outfit reports that nearly all of the sites were operated anonymously so in many instances hosting providers were the ones to pull the plug, at BREIN’s request.

BREIN has also been actively tracking down people who make content available on file-sharing networks. These initial uploaders are considered to be a major part of the problem, so taking them out of the equation is another of BREIN’s goals.

In total, 14 major uploaders to torrent, streaming, and Usenet platforms were targeted by BREIN in the first six months of this year, with each given the opportunity to settle out of court or face legal action. Settlements typically involved a cash payment of between 250 and 7,500 euros but in several instances, uploaders were also required to take down the content they had uploaded.

In one interesting case, BREIN obtained an ex parte court order against a person running a “live cinema” on Facebook. He later settled with the anti-piracy group for 7,500 euros.

BREIN has also been active in a number of other areas. The group says it had almost 693,000 infringing results removed from Google search, pushing its total takedowns to more than 15.8 million. In addition, more than 2,170 listings for infringing content and devices were removed from online marketplaces and seven piracy-focused Facebook groups were taken down.

But while all of these actions have an effect locally, it is BREIN’s persistence in important legal cases that have influenced the copyright landscape across Europe.

Perhaps the most important case so far is BREIN v Filmspeler, which saw the anti-piracy group go all the way to the European Court of Justice for clarification on the law surrounding so-called “fully loaded” set-top boxes.

In a ruling earlier this year, the ECJ not only determined that selling such devices is a breach of copyright law, but also that people streaming content from an illicit source are committing an offense. Although the case began in the Netherlands, its effects will now be felt right across Europe, and that is almost completely down to BREIN.

But despite the reach of the ruling, BREIN has already been making good use of the decision locally. Not only has the operator of the Filmspeler site settled with BREIN “for a substantial amount”, but more than 200 sellers of piracy-configured set-top boxes have ceased trading since the ECJ decision. Some of the providers are the subject of further legal action.

Finally, a notable mention must go to BREIN’s determination to have The Pirate Bay blocked in the Netherlands. The battle against ISPs Ziggo and XS4ALL has been ongoing for seven years and like the Filmspeler case, required the attention of the European Court of Justice. While it’s still not over yet, it seems likely that the Supreme Court will eventually rule in BREIN’s favor.

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

IPTV Service Raided By Police & Shutdown, Operator Arrested

Post Syndicated from Andy original https://torrentfreak.com/iptv-service-raided-by-police-shutdown-operator-arrested-170719/

As torrents and regular streaming continue in the background, premium IPTV services are becoming increasingly popular.

Available for a few pounds, dollars or euros per month, these products offer a TV viewing service to rival and even beat those put out by the world’s leading entertainment distribution groups.

For an outlay of less than £8 in the UK, for example, it’s possible to receive more TV channels than Sky, Virgin and BT Sport have to offer – combined – and then much more on top.

The main providers (wholesalers, for want of a better term) cascade their products/channels down to smaller providers who act as retailers with direct contact with the public. These kinds of businesses are on the rise and often sell their products locally, via websites and social media, Facebook in particular.

Yesterday it appears that one of these ‘retailers’ found out what it’s like to be the low-hanging fruit in the piracy chain. During the course of the day, visitors to BulkyIPTV’s forums began complaining that the system had gone down.

“Is the bulkyiptv server down at the minute? If so can anyone tell me how long this is likely to take?” posted one.

“Yes mine is down too, v annoying. Also the website is redirecting to partycabs!” said another.

Indeed, the main website for BulkyIPTV had stopped offering various IPTV and similar TV-focused products and begun redirecting to a company offering a white London taxi cab experience for partygoers.

How BulkyIPTV looked before its disappearance

Questions on third-party forums went unanswered too.

“Hi guys, any one know what’s happened tonight? Facebook page gone,” a user asked.

A disappearing Facebook page in any ‘pirate’ setting is rarely a good sign. Many IPTV ‘companies’ use the social platform to interact with existing customers and generate new sales. When a page is deleted, many providers can do neither and that’s hardly compatible with good business.

But while the Facebook page may have been deleted, that didn’t happen before the owner of BulkyIPTV and other ‘Bulky’ branded services (including a hosting company and sites that sold other ‘unofficial’ TV products) had made a post detailing why there are problems. A post shared with TF by a member revealed all.

“Hi all. Today I was arrested. Everything has been shut down,” it read.

“They took everything – phone, laptop, PC and cash, as well as other stuff to gather evidence against me. I’m sorry it has come to this but i’m looking at a stretch inside.”

The Facebook post

The person, who is a regular poster to the Bulky Facebook page, has a name and credentials that match the WHOIS details on various ‘Bulky’ domains, plus matching photos posted elsewhere on social media, signed off with a note saying: “I’m not one to bullshit.”

With no announcement yet from the police, it’s unclear where the arrest took place but TF sources indicate the site owner is from the Derbyshire region of the UK. That was relatively easy to confirm using a number of publicly available sources.

Perhaps surprisingly, there appears to have been zero effort to stay anonymous online. The operator’s real name can be found across his business ventures ‘helpfully’ accompanied by detailed postings not only on Facebook but also Twitter and various image storage sites.

TorrentFreak’s requests for comment from the operator of the service remain unanswered.

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

DevOps Practices- Two New Webinars with Puppet and New Relic

Post Syndicated from Ana Visneski original https://aws.amazon.com/blogs/aws/devops-practices-two-new-webinars-with-puppet-and-new-relic/

This month we are hosting two joint AWS-Partner webinars about how executing DevOps practices on AWS can automate configuration management and leave time for innovation. Many organizations adopt DevOps practices to manage their cloud and on-premises environments for greater scalability, speed, and reliability and these webinars give you a chance to hear directly from the partners and customers on how they did it.

Puppet

Puppet helped ServiceChannel automate their cloud configuration management to take advantage of the scalability of AWS, achieve greater flexibility, and improve their customers’ ability to connect and collaborate more frequently.

Webinar Topic: How ServiceChannel Automated Their AWS Environment with Puppet
Customer Presenter: Brian Engler, CIO, ServiceChannel
AWS Presenter: Kevin Cochran, Partner Solutions Architect
Partner Presenter: Chris Barker, Principal Solutions Engineer, Puppet
Time: July 20th, 2017 10am – 11am PDT | 1pm – 2pm EDT

Register

New Relic

New Relic helped MLBAM utilize the scalability of AWS and the visibility provided by New Relic to create the “gold standard” for digital streaming video infrastructure.

Webinar Topic: MLB Advanced Media: Delivering a Digital Experience to 25 Million Fans with New Relic and AWS
Customer Presenter: Christian Villoslada, VP of Software Engineering, MLBAM & Brandon San Giovanni, Senior Operations Manager, Core Media Operations, MLBAM
AWS Presenter:
Kevin Cochran, Partner Solutions Architect
Partner Presenter: Lee Atchison, Senior Director of Strategic Architecture, New Relic
Time: July 25th, 2017 10am – 11am PDT | 1pm – 2pm EDT

Register

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Take the Journey: Build Your First Serverless Web Application

Post Syndicated from Tara Walker original https://aws.amazon.com/blogs/aws/build-your-first-serverless-application/

I realized at a young age that I really liked writing those special statements that would control the computer and make it work in the manner in which I desired. This technique of controlling the computer and building things on the machine, I learned from my teachers was called writing code, and it fascinated me. Even now, what seems like centuries later, I still get the thrill of writing code, building cool solutions, and tackling all the associated challenges of this craft. It is no wonder then, that I am a huge fan of serverless computing and serverless architectures.

Serverless Computing allows me to do what I enjoy, which is write code, without having to provision and/or configure servers. Using the AWS Serverless Platform means that all the heavy lifting of server management is handled by AWS, allowing you to focus on building your application.

If you enjoy coding like I do and have yet to dive into building serverless applications, boy do I have some sensational news for you. You can build your own serverless web application with our new Serverless Web Application Guide, which provides step-by-step instructions for you to create and deploy your serverless web application on AWS.

 

The Serverless Web Application Guide is a hands-on tutorial that will assist you in building a fully scalable, serverless web application using the following AWS Services:

  • AWS Lambda: a managed service for serverless compute that allows you to run code without provisioning or managing servers
  • Amazon S3: a managed service that provides simple, durable, scalable object storage
  • Amazon Cognito: a managed service that allows you to add user sign-up, and data synchronization to your application
  • Amazon API Gateway: a managed service which you can create, publish, and maintain secure APIs
  • Amazon DynamoDB: a fast and flexible NoSQL managed cloud database with support for various document and key-value storage models

The application you will build is a simple web application designed for a fictional transportation service. The application will enable users to register and login into the website to request rides from a very unique transportation fleet. You will accomplish this by using the aforementioned AWS services with the serverless application architecture shown in the diagram below.

 
The guide breaks up the each step to build your serverless web application into five separate modules.

 

  1. Static Web Hosting: Amazon S3 hosts static web resources including HTML, CSS, JavaScript, and image files that are loaded in the user’s browser.
  2. User Management: Amazon Cognito provides user management and authentication functions to secure the backend API.
  3. Serverless Backend: Amazon DynamoDB provides a persistence layer where data can be stored by the API’s Lambda function.
  4. RESTful APIs: JavaScript executed in the browser sends and receives data from a public backend API built using AWS Lambda and API Gateway.
  5. Resource Cleanup: All the resources created throughout the tutorial will be terminated.

To be successful in building the application, you must remember to complete each module in sequential order, as the modules are dependent on resources created in the previous one. Some of the guide’s modules provide CloudFormation templates to aid you in generating the necessary resources to build the application if you do not wish to create them manually.

 

Summary

Now that you know all about this fantastic new guide for building a serverless web application, you are ready to journey into the world of AWS serverless computing and have some fun writing the code to build the application. The guide is great for beginners and yet still has cool features that even seasoned serverless computing developers will enjoy building. And to top it off, you don’t have to worry about the cost. Each service used is eligible for the AWS Free Tier and is only estimated to cost less than $0.25 if you are outside of Free Tier usage limits.

Take the plunge today and dive into building serverless applications on the AWS serverless platform with this new and exciting Serverless Web Application Guide.

 

Tara

Chrome’s Default ‘Ad-Blocker’ is Bad News for Torrent Sites

Post Syndicated from Ernesto original https://torrentfreak.com/chromes-default-ad-blocker-is-bad-news-for-torrent-sites-170705/

Online advertising can be quite a nuisance. Flashy and noisy banners, or intrusive pop-ups, are a thorn in the side of many Internet users.

These type of ads are particularly popular on pirate sites, so it’s no surprise that their users are more likely to have an ad-blocker installed.

The increasing popularity of these ad-blocking tools hasn’t done the income of site owners any good and the trouble on this front is about to increase.

A few weeks ago Google announced that its Chrome browser will start blocking ‘annoying’ ads in the near future, by default. This applies to all ads that don’t fall within the “better ads standards,” including popups and sticky ads.

Since Chrome is the leading browser on many pirate sites, this is expected to have a serious effect on torrent sites and other pirate platforms. TorrentFreak spoke to the operator of one of the largest torrent sites, who’s sounding the alarm bell.

The owner, who prefers not to have his site mentioned, says that it’s already hard to earn enough money to pay for hardware and hosting to keep the site afloat. This, despite millions of regular visitors.

“The torrent site economy is in a bad state. Profits are very low. Profits are f*cked up compared to previous years,” the torrent site owner says.

At the moment, 40% of the site’s users already have an ad-blocker installed, but when Chrome joins in with its default filter, it’s going to get much worse. A third of all visitors to the torrent site in question use the Chrome browser, either through mobile or desktop.

“Chrome’s ad-blocker will kill torrent sites. If they don’t at least cover their costs, no one is going to use money out of his pocket to keep them alive. I won’t be able to do so at least,” the site owner says.

It’s too early to assess how broad Chrome’s ad filtering will be, but torrent site owners may have to look for cleaner ads. That’s easier said than done though, as it’s usually the lower tier advertisers that are willing to work with these sites and they often serve more annoying ads.

The torrent site owner we spoke with isn’t very optimistic about the future. While he’s tested alternative revenue sources, he sees advertising as the only viable option. And with Chrome lining up to target part of their advertising inventory, revenue may soon dwindle.

“I’ve tested all types of ads and affiliates that are safe to work with, and advertising is the only way to cover costs. Also, most services that you can make good money promoting don’t work with torrent sites,” the torrent site owner notes.

Just a few months ago popular torrent site TorrentHound decided to shut down, citing a lack in revenue as one of the main reasons. This is by no means an isolated incident. TorrentFreak spoke to other site owners who confirm that it’s becoming harder and harder to pay the bills through advertisements.

The operator of Torlock, for example, confirms that those who are in the business to make a profit are having a hard time.

“All in all it’s a tough time for torrent sites but those that do it for the money will have a far more difficult time in the current climate than those who do this as a hobby and as a passion. We do it for the love of it so it doesn’t really affect us as much,” Torlock’s operator says.

Still, there is plenty of interest from advertisers, some of whom are trying their best to circumvent ad-blockers.

“Every day we receive emails from willing advertisers wanting to work with us so the market is definitely still there and most of them have the technology in place to circumvent adblockers, including Chrome’s default one,” he adds.

Google’s decision to ship Chrome with a default ad-blocker appears to be self-serving in part. If users see less annoying ads, they are less likely to install a third-party ad-blocker which blocks more of Google’s own advertisements.

Inadvertently, however, they may have also announced their most effective anti-piracy strategy to date.

If pirate sites are unable to generate enough revenue through advertisements, there are few options left. In theory, they could start charging visitors money, but most pirates go to these sites to avoid paying.

Asking for voluntary donations is an option, but that’s unlikely to cover the all the costs.

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

Hollywood Wants Governments to Push Voluntary Anti-Piracy Deals

Post Syndicated from Ernesto original https://torrentfreak.com/hollywood-wants-governments-to-push-voluntary-anti-piracy-deals-170704/

The ever-present threat of online piracy remains a hot topic in Hollywood.

A lot has changed over the years. Piracy is arguably more mainstream now with easy to use streaming sites and tools, and site owners have become more skilled at evading various enforcement efforts.

Most sites have multiple domain names at their disposal, for example, as well as access to hosting facilities that are more responsive to complaints from rightsholders.

According to Hollywood’s MPAA, cross-border cooperation with various third-party intermediaries is required to curb piracy. The group has promoted this agenda for a while and is now reemphasizing the need for governments to facilitate these kinds of deals.

In a statement prepared for an upcoming meeting of WIPO’s Advisory Committee on Enforcement, MPAA’s Global Content Protection chief Dean Marks states that voluntary agreements are essential in their fight against piracy.

These agreements will help to adapt to the evolving piracy landscape, much quicker than copyright legislation can.

“Unlike laws and regulations, voluntary measures can quickly be adapted to address changing forms of online piracy. Such measures benefit not only rightsholders, but also internet intermediaries, service providers, governments and individual users of the internet,” Marks notes.

“Voluntary measures should therefore be encouraged by governments as an important means of addressing online copyright piracy,” he adds (pdf).

One of the problems, according to the Hollywood group, is that piracy sites are spreading their infrastructure all over the world. They may use a domain name in one country, hosting in a few others, and a CDN on top of all that.

This cross-border threat can often not be dealt with in a single country or by a single company. It requires cooperation from a wide variety of third-party intermediaries, including search engines and hosting providers.

“Clearly this new paradigm of infringement strains the foundational notion of territoriality of copyright law and increases the difficulty of effectively enforcing copyrights,” Marks writes.

“Hosting providers, domain name registries and registrars, CDNs, cloud storage services and even internet access providers and search engines all can serve a constructive role by adopting measures to prevent their platforms and services from being abused for copyright infringement.”

The MPAA has thus far struck two voluntary deals with the domain name registries Donuts and Radix. This allows the anti-piracy group to report infringing domain names, which may then be removed. Thus far this has resulted in 25 domain name suspensions, but the MPAA would like to broaden its scope and partner with more registries.

Hosting companies, CDNs such as Cloudflare, and search engines can also do more to curb copyright infringements. Ultimately this will be in their own interest, the MPAA says. These companies do not want to be associated with piracy or face tougher legislation when governments step in.

“…many companies do not wish to be associated with those engaged in illegal activities, including copyright pirates. Moreover, turning a blind eye to doing business with pirate websites can result in damaging repercussions.

“In the United States of America (USA), for example, intermediaries have been named as unindicted co-conspirators in criminal copyright prosecutions,” Marks notes.

MPAA’s Global Content Protection chief suggests a few ways governments can intervene. They could host hearings to facilitate cooperation, for example. Another option is to adopt laws or regulations that foster cooperation.

Finally, Marks notes that authorities can instruct law enforcement agencies to “work with” internet intermediaries and service providers to adopt voluntary anti-piracy measures, similar to the ones in place with City of London Police and its piracy watch list for advertisers.

Previously the MPAA has offered similar suggestions to the US Government. While this may have had some effect, many companies are still reluctant to jump on board.

Companies such as Google, CloudFlare and ICANN don’t believe they are required to proactively enforce against piracy on a broad scale, and it likely requires a massive push to change their perspective.

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

New Lawsuit Demands ISP Blockades Against ‘Pirate’ Site Sci-Hub

Post Syndicated from Ernesto original https://torrentfreak.com/new-lawsuit-demands-isp-blockades-against-pirate-site-sci-hub-170629/

Founded more than 140 years ago, the American Chemical Society (ACS) is a leading source of academic publications in the field of chemistry.

The non-profit organization has around 157,000 members and researchers publish tens of thousands of articles a year in its peer-reviewed journals.

ACS derives a significant portion of its revenue from its publishing work, which is in large part behind a paywall. As such, it is not happy with websites that offer their copyrighted articles for free, such as Sci-Hub.

The deviant ‘pirate site’ believes that all scientific articles should be open to the public, as that’s in the best interest of science. While some academics are sympathetic to the goal, publishers share a different view.

Just last week Sci-Hub lost its copyright infringement case against Elsevier, and now ACS is following suit with a separate case. In a complaint filed in a Virginia District Court, the scientific society demands damages for Sci-Hub’s copyright and trademark infringements.

According to the filing, Sci-Hub has “stolen Plaintiff’s copyright-protected scientific articles and reproduced and distributed them on the Internet without permission.”

ACS points out that Sci-Hub is operating two websites that are nearly identical to the organization’s official site, located at pubs.acs.org.sci-hub.cc and acs.org.secure.sci-hub.cc. These are confusing to the public, they claim, and also an infringement of its copyrights and trademarks.

“The Pirated/Spoofed Site appears to almost completely replicate the content of Plaintiff’s website. For example, the Pirated/Spoofed Site replicates webpages on ACS’s history, purpose, news, scholarship opportunities, and budget,” the complaint (pdf) reads.

“Each of these pages on the Pirated/Spoofed Site contains ACS’s Copyrighted Works and the ACS Marks, creating the impression that the Pirated/Spoofed Site is associated with ACS.”

From the ACS complaint

By offering its articles for free and mimicking the ACS website, Sci-Hub is in direct competition with the scientific society. As a result, ACS claims to lose revenue.

“Defendants are attempting to divert users and revenues away from ACS by replicating and distributing ACS’s Copyrighted Works without authorization,” the complaint reads.

With the lawsuit, ACS hopes to recoup the money it claims to have lost. It’s likely that the total damages amount will run in the millions. However, if the defendants stay out of reach, this might be hard to collect.

Perhaps this is why the current lawsuit has included a request for a broader injunction against Sci-Hub. Not only does it ask for domain name seizures, but the scientific society also wants search engines, web hosting companies and general Internet providers to block access to the site.

“That those in privity with Defendants and those with notice of the injunction, including any Internet search engines, web hosting and Internet service providers, domain name registrars, and domain name registries cease facilitating access to any or all domain names and websites through which Defendants engage in unlawful access to, use, reproduction, and distribution of the ACS Marks or ACS’s Copyrighted Works,” it reads.

If granted, it would mean that Internet providers such as Comcast would have to block users from accessing Sci-Hub. That’s a big deal since pirate site blockades are not common in the United States.

It might very well be that ACS is not expecting any compensation for the alleged copyright and trademark infringements, but that the broad injunction is their main goal. If that is the case, this case could turn out to be more crucial than it looks at first sight.

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

T411, France’s Most-Visited Torrent Site, Has Been Shut Down

Post Syndicated from Andy original https://torrentfreak.com/t411-frances-most-visited-torrent-site-has-disappeared-170627/

As the number one torrent site among French speakers and one of the most popular sites in France, T411’s rise to stardom is the product of more than a decade of twists and turns.

After a prolonged battle against 31 Canadian media organizations including the CRIA, the administrator of a torrent site known as QuebecTorrent closed its doors in 2008 after the handing down of a permanent injunction.

“I just wanna say thanks to all the people who supported the cause and me all along,” admin Sebastian Doditz told TorrentFreak at the time.

Initially, it was believed that the 109,000 members of the site would be left homeless but shortly after another torrent site appeared. Called Torrent411 with the slogan The Torrent Yellow Pages (411 is Canada’s version), it launched with around 109,000 members – the number that QuebecTorrent closed with.

No surprise then that all QuebecTorrent user accounts had been transferred to T411, including ratios and even some content categories that were previously excluded due to copyright holder disputes.

“Welcome to one and all!” a notice on the site read. “It is with great pleasure that we launch the Torrent411.com site today. All the team of Torrent411.com wishes you the most cordial of welcomes! Here you will find all the torrents imaginable which will be for you for thousands of hours to come! Filled with surprises that await you!”

Even following its resurrection, pressure on the site continued to build. In 2011, it was forced to move to T411.me, to avoid problems with its .com domain, but against the odds, it continued to grow.

As shown in the image to the right (courtesy OpenTrackers), in 2013 the site had more than 5.3 million members, 336,000 torrents, and 4.7m seeders. That made it a significant site indeed.

In early 2015, the site decided to move again, from .me to .io, following action to have the site blocked in France.

But later in the year, there was yet more trouble when the site found itself reported to the United States Trade Representative, identified as a “rogue site” by the RIAA.

With a number of copyright holders on its back, it’s clear that T411’s troubles weren’t going away anytime soon, but now there’s a crisis from which the site is unlikely to recover.

On Sunday, T411 simply stopped responding on its latest T411.al domain. No warning and no useful messages have been forthcoming from its operators. For a site of this scale and resilience, that’s not something one expects.

Message greeting site visitors

Even though the site itself has been down, there have been some very basic signs of life. For example, the site’s Wiki remained operational which indicates the T411.al domain is at least partially intact, at least for now. But for those hoping for good news, none will be forthcoming.

Moments ago, French journalist Tristan Brossat‏ confirmed that T411 has been shut down in a joint operation between French and Swedish police.

He reports that “the brains” behind the site (reportedly two Ukrainians) have been arrested. Servers hosted at a Swedish company have been seized.

Anti-piracy activity against France-connected torrent sites has been high during recent months. Last November, torrent icon What.cd shutdown following action by French authorities.

Soon after, the cybercrime unit of the French military police targeted the country’s largest pirate site, Zone-Telechargement (1,2).

Update: A source familiar with developments informs TF that a one of those arrested in Sweden was a developer. In France, he reports that moderators have been arrested.

Update2: The arrests in Sweden took place in the Huddinge Municipality in Stockholm County, east central Sweden. The men are said to be around 30-years-old and are suspected of copyright infringement and money laundering offenses.

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

Three Men Sentenced Following £2.5m Internet Piracy Case

Post Syndicated from Andy original https://torrentfreak.com/three-men-sentenced-following-2-5m-internet-piracy-case-170622/

While legal action against low-level individual file-sharers is extremely rare in the UK, the country continues to pose a risk for those engaged in larger-scale infringement.

That is largely due to the activities of the Police Intellectual Property Crime Unit and private anti-piracy outfits such as the Federation Against Copyright Theft (FACT). Investigations are often a joint effort which can take many years to complete, but the outcomes can often involve criminal sentences.

That was the profile of another Internet piracy case that concluded in London this week. It involved three men from the UK, Eric Brooks, 43, from Bolton, Mark Valentine, 44, from Manchester, and Craig Lloyd, 33, from Wolverhampton.

The case began when FACT became aware of potentially infringing activity back in February 2011. The anti-piracy group then investigated for more than a year before handing the case to police in March 2012.

On July 4, 2012, officers from City of London Police arrested Eric Brooks’ at his home in Bolton following a joint raid with FACT. Computer equipment was seized containing evidence that Brooks had been running a Netherlands-based server hosting more than £100,000 worth of pirated films, music, games, software and ebooks.

According to police, a spreadsheet on Brooks’ computer revealed he had hundreds of paying customers, all recruited from online forums. Using PayPal or utilizing bank transfers, each paid money to access the server. Police mentioned no group or site names in information released this week.

“Enquiries with PayPal later revealed that [Brooks] had made in excess of £500,000 in the last eight years from his criminal business and had in turn defrauded the film and TV industry alone of more than £2.5 million,” police said.

“As his criminal enterprise affected not only the film and TV but the wider entertainment industry including music, games, books and software it is thought that he cost the wider industry an amount much higher than £2.5 million.”

On the same day police arrested Brooks, Mark Valentine’s home in Manchester had a similar unwelcome visit. A day later, Craig Lloyd’s home in Wolverhampton become the third target for police.

Computer equipment was seized from both addresses which revealed that the pair had been paying for access to Brooks’ servers in order to service their own customers.

“They too had used PayPal as a means of taking payment and had earned thousands of pounds from their criminal actions; Valentine gaining £34,000 and Lloyd making over £70,000,” police revealed.

But after raiding the trio in 2012, it took more than four years to charge the men. In a feature common to many FACT cases, all three were charged with Conspiracy to Defraud rather than copyright infringement offenses. All three men pleaded guilty before trial.

On Monday, the men were sentenced at Inner London Crown Court. Brooks was sentenced to 24 months in prison, suspended for 12 months and ordered to complete 140 hours of unpaid work.

Valentine and Lloyd were each given 18 months in prison, suspended for 12 months. Each was ordered to complete 80 hours unpaid work.

Detective Constable Chris Glover, who led the investigation for the City of London Police, welcomed the sentencing.

“The success of this investigation is a result of co-ordinated joint working between the City of London Police and FACT. Brooks, Valentine and Lloyd all thought that they were operating under the radar and doing something which they thought was beyond the controls of law enforcement,” Glover said.

“Brooks, Valentine and Lloyd will now have time in prison to reflect on their actions and the result should act as deterrent for anyone else who is enticed by abusing the internet to the detriment of the entertainment industry.”

While even suspended sentences are a serious matter, none of the men will see the inside of a cell if they meet the conditions of their sentence for the next 12 months. For a case lasting four years involving such large sums of money, that is probably a disappointing result for FACT and the police.

Nevertheless, the men won’t be allowed to enjoy the financial proceeds of their piracy, if indeed any money is left. City of London Police say the trio will be subject to a future confiscation hearing to seize any proceeds of crime.

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

Court Grants Subpoenas to Unmask ‘TVAddons’ and ‘ZemTV’ Operators

Post Syndicated from Ernesto original https://torrentfreak.com/court-grants-subpoenas-to-unmask-tvaddons-and-zemtv-operators-170621/

Earlier this month we broke the news that third-party Kodi add-on ZemTV and the TVAddons library were being sued in a federal court in Texas.

In a complaint filed by American satellite and broadcast provider Dish Network, both stand accused of copyright infringement, facing up to $150,000 for each offense.

While the allegations are serious, Dish doesn’t know the full identities of the defendants.

To find out more, the company requested a broad range of subpoenas from the court, targeting Amazon, Github, Google, Twitter, Facebook, PayPal, and several hosting providers.

From Dish’s request

This week the court granted the subpoenas, which means that they can be forwarded to the companies in question. Whether that will be enough to identify the people behind ‘TVAddons’ and ‘ZemTV’ remains to be seen, but Dish has cast its net wide.

For example, the subpoena directed at Google covers any type of information that can be used to identify the account holder of [email protected], which is believed to be tied to ZemTV.

The information requested from Google includes IP address logs with session date and timestamps, but also covers “all communications,” including GChat messages from 2014 onwards.

Similarly, Twitter is required to hand over information tied to the accounts of the users “TV Addons” and “shani_08_kodi” as well as other accounts linked to tvaddons.ag and streamingboxes.com. This also applies the various tweets that were sent through the account.

The subpoena specifically mentions “all communications, including ‘tweets’, Twitter sent to or received from each Twitter Account during the time period of February 1, 2014 to present.”

From the Twitter subpoena

Similar subpoenas were granted for the other services, tailored towards the information Dish hopes to find there. For example, the broadcast provider also requests details of each transaction from PayPal, as well as all debits and credits to the accounts.

In some parts, the subpoenas appear to be quite broad. PayPal is asked to reveal information on any account with the credit card statement “Shani,” for example. Similarly, Github is required to hand over information on accounts that are ‘associated’ with the tvaddons.ag domain, which is referenced by many people who are not directly connected to the site.

The service providers in question still have the option to challenge the subpoenas or ask the court for further clarification. A full overview of all the subpoena requests is available here (Exhibit 2 and onwards), including all the relevant details. This also includes several letters to foreign hosting providers.

While Dish still appears to be keen to find out who is behind ‘TVAddons’ and ‘ZemTV,’ not much has been heard from the defendants in question.

ZemTV developer “Shani” shut down his addon soon after the lawsuit was announced, without mentioning it specifically. TVAddons, meanwhile, has been offline for well over a week, without any notice in public about the reason for the prolonged downtime.

The court’s order granting the subpoenas and letters of request is available here (pdf).

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

BPI Breaks Record After Sending 310 Million Google Takedowns

Post Syndicated from Andy original https://torrentfreak.com/bpi-breaks-record-after-sending-310-million-google-takedowns-170619/

A little over a year ago during March 2016, music industry group BPI reached an important milestone. After years of sending takedown notices to Google, the group burst through the 200 million URL barrier.

The fact that it took BPI several years to reach its 200 million milestone made the surpassing of the quarter billion milestone a few months later even more remarkable. In October 2016, the group sent its 250 millionth takedown to Google, a figure that nearly doubled when accounting for notices sent to Microsoft’s Bing.

But despite the volumes, the battle hadn’t been won, let alone the war. The BPI’s takedown machine continued to run at a remarkable rate, churning out millions more notices per week.

As a result, yet another new milestone was reached this month when the BPI smashed through the 300 million URL barrier. Then, days later, a further 10 million were added, with the latter couple of million added during the time it took to put this piece together.

BPI takedown notices, as reported by Google

While demanding that Google places greater emphasis on its de-ranking of ‘pirate’ sites, the BPI has called again and again for a “notice and stay down” regime, to ensure that content taken down by the search engine doesn’t simply reappear under a new URL. It’s a position BPI maintains today.

“The battle would be a whole lot easier if intermediaries played fair,” a BPI spokesperson informs TF.

“They need to take more proactive responsibility to reduce infringing content that appears on their platform, and, where we expressly notify infringing content to them, to ensure that they do not only take it down, but also keep it down.”

The long-standing suggestion is that the volume of takedown notices sent would reduce if a “take down, stay down” regime was implemented. The BPI says it’s difficult to present a precise figure but infringing content has a tendency to reappear, both in search engines and on hosting sites.

“Google rejects repeat notices for the same URL. But illegal content reappears as it is re-indexed by Google. As to the sites that actually host the content, the vast majority of notices sent to them could be avoided if they implemented take-down & stay-down,” BPI says.

The fact that the BPI has added 60 million more takedowns since the quarter billion milestone a few months ago is quite remarkable, particularly since there appears to be little slowdown from month to month. However, the numbers have grown so huge that 310 billion now feels a lot like 250 million, with just a few added on top for good measure.

That an extra 60 million takedowns can almost be dismissed as a handful is an indication of just how massive the issue is online. While pirates always welcome an abundance of links to juicy content, it’s no surprise that groups like the BPI are seeking more comprehensive and sustainable solutions.

Previously, it was hoped that the Digital Economy Bill would provide some relief, hopefully via government intervention and the imposition of a search engine Code of Practice. In the event, however, all pressure on search engines was removed from the legislation after a separate voluntary agreement was reached.

All parties agreed that the voluntary code should come into effect two weeks ago on June 1 so it seems likely that some effects should be noticeable in the near future. But the BPI says it’s still early days and there’s more work to be done.

“BPI has been working productively with search engines since the voluntary code was agreed to understand how search engines approach the problem, but also what changes can and have been made and how results can be improved,” the group explains.

“The first stage is to benchmark where we are and to assess the impact of the changes search engines have made so far. This will hopefully be completed soon, then we will have better information of the current picture and from that we hope to work together to continue to improve search for rights owners and consumers.”

With more takedown notices in the pipeline not yet publicly reported by Google, the BPI informs TF that it has now notified the search giant of 315 million links to illegal content.

“That’s an astonishing number. More than 1 in 10 of the entire world’s notices to Google come from BPI. This year alone, one in every three notices sent to Google from BPI is for independent record label repertoire,” BPI concludes.

While it’s clear that groups like BPI have developed systems to cope with the huge numbers of takedown notices required in today’s environment, it’s clear that few rightsholders are happy with the status quo. With that in mind, the fight will continue, until search engines are forced into compromise. Considering the implications, that could only appear on a very distant horizon.

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

ACME v2 API Endpoint Coming January 2018

Post Syndicated from Let's Encrypt - Free SSL/TLS Certificates original https://letsencrypt.org//2017/06/14/acme-v2-api.html

Let’s Encrypt will add support for the IETF-standardized ACME v2 protocol in January of 2018. We will be adding a new ACME v2 API endpoint alongside our existing ACME v1 protocol API endpoint. We are not setting an end-of-life date for our ACME v1 API at this time, though we recommend that people move to the ACME v2 endpoint as soon as possible once it’s available. For most subscribers, this will happen automatically via a hosting provider or normal ACME client software update.

The ACME protocol, initially developed by the team behind Let’s Encrypt, is at the very heart of the CA service we provide. It’s the primary way in which we interact with our subscribers so that they can get and manage certificates. The ACME v1 protocol we use today was designed to ensure that our validation, issuance, and management methods are fully automated, consistent, compliant, and secure. In these respects, the current ACME v1 protocol has served us well.

There are three primary reasons why we’re starting a transition to ACME v2.

First, ACME v2 will be an IETF standard, and it’s important to us that we support true standards. While ACME v1 is a well-documented public specification, developed in a relatively open manner by individuals from a number of different organizations (including Mozilla, the Electronic Frontier Foundation, and the University of Michigan), it did not benefit from having been developed within a standards body with a greater diversity of inputs and procedures based on years of experience. It was always our intent for ACME v1 to form the basis for an IETF standardization process.

Second, ACME v2 was designed with additional input from other CAs besides Let’s Encrypt, so it should be easier for other CAs to use. We want a standardized ACME to work for many CAs, and ACME v1, while usable by other CAs, was designed with Let’s Encrypt in particular in mind. ACME v2 should meet more needs.

Third, ACME v2 brings some technical improvements that will allow us to better serve our subscribers going forward.

We are not setting an end-of-life date for the ACME v1 protocol because we don’t yet have enough data to determine when would be an appropriate date. Once we’re confident that we can predict an appropriate end-of-life date for our ACME v1 API endpoint we’ll announce one.

ACME v2 is the result of great work by the ACME IETF working group. In particular, we were happy to see the ACME working group take into account the needs of other organizations that may use ACME in the future. Certificate issuance and management protocols are a critical component of the Web’s trust model, and the Web will be better off if CAs can use a standardized public protocol that has been thoroughly vetted.

We’d like to thank our community, including our sponsors, for making everything we did this past year possible. Please consider getting involved or making a donation. If your company or organization would like to sponsor Let’s Encrypt please email us at [email protected].

Copyright Holders Keep Targeting Dead Torrent Sites

Post Syndicated from Ernesto original https://torrentfreak.com/copyright-holders-keep-targeting-dead-torrent-sites-170611/

Over the past year several major torrent sites have shut down, causing quite an uproar among file-sharers.

Interestingly, however, several copyright holders still appear to think that these sites are alive and kicking. That is, judging from the takedown notices they send to Google.

Publisher Penguin Random House is particularly forgetful. Through its anti-piracy partner Digimarc, the company has reported hundreds of ‘infringing’ KickassTorrents URLs. Not only was KAT shut down last summer, the reported URLs are no longer listed in Google’s search results either.

Penguin is not alone though. Other rightsholders such as Sony Music, Dreamroom Productions, Taylor & Francis Group, The University of Chicago Press and many others have made the same mistakes recently.

Over the past month alone Google has received 1,340 takedown notices for Kat.cr URLs and an additional 775 for the Kat.ph domain name.

The problem is not limited to KAT either. Torrentz.eu, another major torrent site that went offline last summer, is still being targeted at well.

For example, earlier this week Sony Pictures asked Google to remove a Torrentz.eu URL that linked to the series Community, even though it is no longer indexed. In just one month copyright holders sent Google 4,960 takedown requests for “dead” Torrentz URLs.

Recent takedown requests for Torrentz.eu

Apparently, the reporting outfits have failed to adjust their piracy monitoring bots for the changing torrent landscape.

The mistakes are likely due to automated keyword filters that scour sites and forums for links to hosting services. These bots don’t bother to check whether Google actually indexes the content, nor do they remove dead sites from their system.

While targeting dead KAT and Torrentz links is bad enough, things can get worse.

The iconic torrent search isoHunt.com shut down following a MPAA lawsuit in 2013, well over three years ago. Nonetheless, rightsholders still sent Google takedown notices for the site, more than a dozen a month actually.

Or what about BTJunkie. This torrent indexer closed its doors voluntarily more than half a decade ago. Dead or not, some copyright holders still manage to find infringing links in some of the darkest corners of the Internet.

Apparently, torrent users are far quicker to adapt to the changing landscape than the monitoring outfits of some copyright holders…

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

Cloudflare Fails to Limit Scope of Piracy Lawsuit

Post Syndicated from Ernesto original https://torrentfreak.com/cloudflare-fails-to-limit-scope-of-piracy-lawsuit-170610/

cloudflareAs one of the leading CDN and DDoS protection services, Cloudflare is used by millions of websites across the globe.

This includes thousands of “pirate” sites, including the likes of The Pirate Bay and ExtraTorrent, which rely on the U.S.-based company to keep server loads down.

Many rightsholders have complained about CloudFlare’s involvement with these sites and last year adult entertainment publisher ALS Scan took things up a notch by dragging the company to court.

ALS Scan accused the CDN service of various counts of copyright and trademark infringement and listed 15 customers that used the Cloudflare’s servers to distribute infringing material.

Through an early motion, Cloudflare managed to have several counts dismissed, but the accusation of contributory copyright infringement remained.

Hoping to further limit the scope of the lawsuit, Cloudflare asked the California federal court to grant a summary motion that would exclude 14 of the 15 listed ‘pirate’ sites from the lawsuit, as the original sites are not hosted on U.S. servers.

The image hosting sites in question include imgchili.com, slimpics.com, bestofsexpics.com, greenpics.com, imgspot.org and imgsen.se, among others.

Cloudflare argued that in order to be contributing to copyright infringement, the ‘pirate’ sites have to be direct infringers, which isn’t the case if are they are hosted abroad as that would fall outside the scope of U.S. courts.

However, according to the Court, which ordered on the motion for partial summary judgment a few days ago, this argument doesn’t hold.

“Here, it is undisputed that cache copies of Cloudflare clients’ files are stored on Cloudflare’s data servers; it is also undisputed that some of those data servers are located in the United States,” the order (pdf) reads.

These cached files are the result of the pirate sites’ decisions to sign up and pay for Cloudflare’s services. This ties direct infringements to U.S. servers.

“Thus, to the extent cache copies of Plaintiff’s images have been stored on Cloudflare’s U.S. servers, the creation of those copies would be an act of direct infringement by a given host website within the United States,” the court adds.

The Court further clarified that unlike Cloudflare claimed, under U.S. law the company can be held liable for caching content of copyright infringing websites.

In addition, Cloudflare’s argument that “infrastructure-level caching” is a type of fair use was denied as well.

Based on a detailed analysis of all the arguments provided, the Court concludes that the motion for summary judgment is denied for 13 of the 14 contended sites. This means than Cloudflare has to defend itself against the associated copyright infringement claims in an eventual trial.

The lawsuit is a crucial matter for Cloudflare, and not only because of the potential damages it faces in this case. If Cloudflare loses, other rightsholders are likely to make similar demands, forcing the company to actively police potential pirate sites.

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