Tag Archives: injunction

Tech Giants Protest Looming US Pirate Site Blocking Order

Post Syndicated from Ernesto original https://torrentfreak.com/tech-giants-protest-looming-us-pirate-site-blocking-order-171013/

While domain seizures against pirate sites are relatively common in the United states, ISP and search engine blocking is not. This could change soon though.

In an ongoing case against Sci-Hub, regularly referred to as the “Pirate Bay of Science,” a magistrate judge in Virginia recently recommended a broad order which would require search engines and Internet providers to block the site.

The recommendation followed a request from the academic publisher American Chemical Society (ACS) that wants these third-party services to make the site in question inaccessible. While Sci-Hub has chosen not to defend itself, a group of tech giants has now stepped in to prevent the broad injunction from being issued.

This week the Computer & Communications Industry Association (CCIA), which includes members such as Cloudflare, Facebook, and Google, asked the court to limit the proposed measures. In an amicus curiae brief submitted to the Virginia District Court, they share their concerns.

“Here, Plaintiff is seeking—and the Magistrate Judge has recommended—a permanent injunction that would sweep in various Neutral Service Providers, despite their having violated no laws and having no connection to this case,” CCIA writes.

According to the tech companies, neutral service providers are not “in active concert or participation” with the defendant, and should, therefore, be excluded from the proposed order.

While search engines may index Sci-Hub and ISPs pass on packets from this site, they can’t be seen as “confederates” that are working together with them to violate the law, CCIA stresses.

“Plaintiff has failed to make a showing that any such provider had a contract with these Defendants or any direct contact with their activities—much less that all of the providers who would be swept up by the proposed injunction had such a connection.”

Even if one of the third party services could be found liable the matter should be resolved under the DMCA, which expressly prohibits such broad injunctions, the CCIA claims.

“The DMCA thus puts bedrock limits on the injunctions that can be imposed on qualifying providers if they are named as defendants and are held liable as infringers. Plaintiff here ignores that.

“What ACS seeks, in the posture of a permanent injunction against nonparties, goes beyond what Congress was willing to permit, even against service providers against whom an actual judgment of infringement has been entered.That request must be rejected.”

The tech companies hope the court will realize that the injunction recommended by the magistrate judge will set a dangerous precedent, which goes beyond what the law is intended for, so will impose limits in response to their concerns.

It will be interesting to see whether any copyright holder groups will also chime in, to argue the opposite.

CCIA’s full amicus curiae brief is available here (pdf).

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

SOPA Ghosts Hinder U.S. Pirate Site Blocking Efforts

Post Syndicated from Ernesto original https://torrentfreak.com/sopa-ghosts-hinder-u-s-pirate-site-blocking-efforts-171008/

Website blocking has become one of the entertainment industries’ favorite anti-piracy tools.

All over the world, major movie and music industry players have gone to court demanding that ISPs take action, often with great success.

Internal MPAA research showed that website blockades help to deter piracy and former boss Chris Dodd said that they are one of the most effective anti-tools available.

While not everyone is in agreement on this, the numbers are used to lobby politicians and convince courts. Interestingly, however, nothing is happening in the United States, which is where most pirate site visitors come from.

This is baffling to many people. Why would US-based companies go out of their way to demand ISP blocking in the most exotic locations, but fail to do the same at home?

We posed this question to Neil Turkewitz, RIAA’s former Executive Vice President International, who currently runs his own consulting group.

The main reason why pirate site blocking requests have not yet been made in the United States is down to SOPA. When the proposed SOPA legislation made headlines five years ago there was a massive backlash against website blocking, which isn’t something copyright groups want to reignite.

“The legacy of SOPA is that copyright industries want to avoid resurrecting the ghosts of SOPA past, and principally focus on ways to creatively encourage cooperation with platforms, and to use existing remedies,” Turkewitz tells us.

Instead of taking the likes of Comcast and Verizon to court, the entertainment industries focused on voluntary agreements, such as the now-defunct Copyright Alerts System. However, that doesn’t mean that website blocking and domain seizures are not an option.

“SOPA made ‘website blocking’ as such a four-letter word. But this is actually fairly misleading,” Turkewitz says.

“There have been a variety of civil and criminal actions addressing the conduct of entities subject to US jurisdiction facilitating piracy, regardless of the source, including hundreds of domain seizures by DHS/ICE.”

Indeed, there are plenty of legal options already available to do much of what SOPA promised. ABS-CBN has taken over dozens of pirate site domain names through the US court system. Most recently even through an ex-parte order, meaning that the site owners had no option to defend themselves before they lost their domains.

ISP and search engine blocking is also around the corner. As we reported earlier this week, a Virginia magistrate judge recently recommended an injunction which would require search engines and Internet providers to prevent users from accessing Sci-Hub.

Still, the major movie and music companies are not yet using these tools to take on The Pirate Bay or other major pirate sites. If it’s so easy, then why not? Apparently, SOPA may still be in the back of their minds.

Interestingly, the RIAA’s former top executive wasn’t a fan of SOPA when it was first announced, as it wouldn’t do much to extend the legal remedies that were already available.

“I actually didn’t like SOPA very much since it mostly reflected existing law and maintained a paradigm that didn’t involve ISP’s in creative interdiction, and simply preserved passivity. To see it characterized as ‘copyright gone wild’ was certainly jarring and incongruous,” Turkewitz says.

Ironically, it looks like a bill that failed to pass, and didn’t impress some copyright holders to begin with, is still holding them back after five years. They’re certainly not using all the legal options available to avoid SOPA comparison. The question is, for how long?

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

Yarrrr! Dutch ISPs Block The Pirate Bay But It’s Bad Timing for Trolls

Post Syndicated from Andy original https://torrentfreak.com/yarrrr-dutch-isps-block-the-pirate-bay-but-its-bad-timing-for-trolls-171005/

While many EU countries have millions of Internet pirates, few have given citizens the freedom to plunder like the Netherlands. For many years, Dutch Internet users actually went about their illegal downloading with government blessing.

Just over three years ago, downloading and copying movies and music for personal use was not punishable by law. Instead, the Dutch compensated rightsholders through a “piracy levy” on writable media, hard drives and electronic devices with storage capacity, including smartphones.

Following a ruling from the European Court of Justice in 2014, however, all that came to an end. Along with uploading (think BitTorrent sharing), downloading was also outlawed.

Around the same time, The Court of The Hague handed down a decision in a long-running case which had previously forced two Dutch ISPs, Ziggo and XS4ALL, to block The Pirate Bay.

Ruling against local anti-piracy outfit BREIN, it was decided that the ISPs wouldn’t have to block The Pirate Bay after all. After a long and tortuous battle, however, the ISPs learned last month that they would have to block the site, pending a decision from the Supreme Court.

On September 22, both ISPs were given 10 business days to prevent subscriber access to the notorious torrent site, or face fines of 2,000 euros per day, up to a maximum of one million euros.

With that time nearly up, yesterday Ziggo broke cover to become the first of the pair to block the site. On a dedicated diversion page, somewhat humorously titled ziggo.nl/yarrr, the ISP explained the situation to now-blocked users.

“You are trying to visit a page of The Pirate Bay. On September 22, the Hague Court obliged us to block access to this site. The pirate flag is thus handled by us. The case is currently at the Supreme Court which judges the basic questions in this case,” the notice reads.

Ziggo Pirate Bay message (translated)

Customers of XS4ALL currently have no problem visiting The Pirate Bay but according to a statement handed to Tweakers by a spokesperson, the blockade will be implemented today.

In addition to the site’s main domains, the injunction will force the ISPs to block 155 URLs and IP addresses in total, a list that has been drawn up by BREIN to include various mirrors, proxies, and alternate access points. XS4All says it will publish a list of all the blocked items on its notification page.

While the re-introduction of a Pirate Bay blockade in the Netherlands is an achievement for BREIN, it’s potentially bad timing for the copyright trolls waiting in the wings to snare Dutch file-sharers.

As recently reported, movie outfit Dutch Filmworks (DFW) is preparing a wave of cash-settlement copyright-trolling letters to mimic those sent by companies elsewhere.

There’s little doubt that users of The Pirate Bay would’ve been DFW’s targets but it seems likely that given the introduction of blockades, many Dutch users will start to educate themselves on the use of VPNs to protect their privacy, or at least become more aware of the risks.

Of course, there will be no real shortage of people who’ll continue to download without protection, but DFW are getting into this game just as it’s likely to get more difficult for them. As more and more sites get blocked (and that is definitely BREIN’s overall plan) the low hanging fruit will sit higher and higher up the tree – and the cash with it.

Like all methods of censorship, site-blocking eventually drives communication underground. While anti-piracy outfits all say blocking is necessary, obfuscation and encryption isn’t welcomed by any of them.

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

Judge Recommends ISP and Search Engine Blocking of Sci-Hub in the US

Post Syndicated from Ernesto original https://torrentfreak.com/judge-recommends-isp-search-engine-blocking-sci-hub-us-171003/

Earlier this year the American Chemical Society (ACS), a leading source of academic publications in the field of chemistry, filed a lawsuit against Sci-Hub and its operator Alexandra Elbakyan.

The non-profit organization publishes tens of thousands of articles a year in its peer-reviewed journals. Because many of these are available for free on Sci-Hub, ACS wants to be compensated.

Sci-Hub was made aware of the legal proceedings but did not appear in court. As a result, a default was entered against the site. In addition to millions of dollars in damages, ACS also requested third-party Internet intermediaries to take action against the site.

While the request is rather unprecedented for the US, as it includes search engine and ISP blocking, Magistrate Judge John Anderson has included these measures in his recommendations.

Judge Anderson agrees that Sci-Hub is guilty of copyright and trademark infringement. In addition to $4,800,000 in statutory damages, he recommends a broad injunction that would require search engines, ISPs, domain registrars and other services to block Sci-Hub’s domain names.

“… the undersigned recommends that it be ordered that any person or entity in privity with Sci-Hub and 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 Sci-Hub engages in unlawful access to, use, reproduction, and distribution of ACS’s trademarks or copyrighted works.”

The recommendation

In addition to the above, domain registries and registrars will also be required to suspend Sci-Hub’s domain names. This also happened previously in a different lawsuit, but Sci-Hub swiftly moved to a new domain at the time.

“Finally, the undersigned recommends that it be ordered that the domain name registries and/or registrars for Sci-Hub’s domain names and websites, or their technical administrators, shall place the domain names on registryHold/serverHold or such other status to render the names/sites non-resolving,” the recommendation adds.”

If the U.S. District Court Judge adopts this recommendation, it would mean that Internet providers such as Comcast could be ordered to block users from accessing Sci-Hub. That’s a big deal since pirate site blockades are not common in the United States.

This would likely trigger a response from affected Internet services, who generally want to avoid being dragged into these cases. They would certainly don’t want such far-reaching measure to be introduced through a default order.

Sci-Hub itself doesn’t seem to be too bothered by the blocking prospect or the millions in damages it faces. The site has a Tor version which can’t be blocked by Internet providers, so determined scientists will still be able to access the site if they want.

Magistrate Judge John Anderson’s full findings of fact and recommendations are available here (pdf).

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

US Court Orders Dozens of “Pirate” Site Domain Seizures

Post Syndicated from Ernesto original https://torrentfreak.com/us-court-orders-dozens-of-pirate-site-domain-seizures-170927/

ABS-CBN, the largest media and entertainment company in the Philippines, has delivered another strike to pirate sites in the United States.

Last week a federal court in Florida signed a default judgment against 43 websites that offered copyright-infringing streams of ABS-CBN owned movies, including Star Cinema titles.

The order was signed exactly one day after the complaint was filed, in what appears to be a streamlined process.

The media company accused the websites of trademark and copyright infringement by making free streams of its content available without permission. It then asked the court for assistance to shut these sites down as soon as possible.

“Defendants’ websites operating under the Subject Domain Names are classic examples of pirate operations, having no regard whatsoever for the rights of ABS-CBN and willfully infringing ABS-CBN’s intellectual property.

“As a result, ABS-CBN requires this Court’s intervention if any meaningful stop is to be put to Defendants’ piracy,” ABS-CBN wrote.

Instead of a lengthy legal process that can take years to complete, ABS-CBN went for an “ex-parte” request for domain seizures, which means that the websites in question are not notified or involved in the process before the order is issued.

After reviewing the proposed injunction, US District Judge Beth Bloom signed off on it. This means that all the associated registrars must hand over the domain names in question.

“The domain name registrars for the Subject Domain Names shall immediately assist in changing the registrar of record for the Subject Domain Names, to a holding account with a registrar of Plaintiffs’ choosing..,” the order (pdf) reads.

In the days that followed, several streaming-site domains were indeed taken over. Movieonline.io, 1movies.tv, 123movieshd.us, 4k-movie.us, icefilms.ws and others are now linking to a notice page with information about the lawsuit instead.

The notice

Gomovies.es, which is also included, has not been transferred yet, but the operator appears to be aware of the lawsuit as the site now redirects to Gomovies.vg. Other domains, such as Onlinefullmovie.me, Putlockerm.live and Newasiantv.io remain online as well.

While the targeted sites together are good for thousands of daily visitors, they’re certainly not the biggest fish.

That said, the most significant thing about the case is not that these domain names have been taken offline. What stands out is the ability of an ex-parte request from a copyright holder to easily take out dozens of sites in one swoop.

Given ABS-CBN’s legal track record, this is likely not the last effort of this kind. The question now is if others will follow suit.

The full list of targeted domain is as follows.

1 movieonline.io
2 1movies.tv
3 gomovies.es
4 123movieshd.us
5 4k-movie.us
6 desitvflix.net
7 globalpinoymovies.com
8 icefilms.ws
9 jhonagemini.com
10 lambinganph.info
11 mrkdrama.com
12 newasiantv.me
13 onlinefullmovie.me
14 pariwiki.net
15 pinoychannel.live
16 pinoychannel.mobi
17 pinoyfullmovies.net
18 pinoyhdtorrent.com
19 pinoylibangandito.pw
20 pinoymoviepedia.ch
21 pinoysharetv.com
22 pinoytambayanhd.com
23 pinoyteleseryerewind.info
24 philnewsnetwork.com
25 pinoytvrewind.info
26 pinoytzater.com
27 subenglike.com
28 tambayantv.org
29 teleseryi.com
30 thepinoy1tv.com
31 thepinoychannel.com
32 tvbwiki.com
33 tvnaa.com
34 urpinoytv.com
35 vikiteleserye.com
36 viralsocialnetwork.com
37 watchpinoymoviesonline.com
38 pinoysteleserye.xyz
39 pinoytambayan.world
40 lambingan.lol
41 123movies.film
42 putlockerm.live
43 yonip.zone
43 yonipzone.rocks

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

The Things Pirates Do To Hinder Anti-Piracy Investigations

Post Syndicated from Andy original https://torrentfreak.com/the-things-pirates-do-to-hinder-anti-piracy-outfits-170909/

Dedicated Internet pirates dealing in fresh content or operating at any significant scale can be pretty sure that rightsholders and their anti-piracy colleagues are interested in their activities at some level.

With this in mind, most pirates these days are aware of things they can do to enhance their security, with products like VPNs often get discussed on the consumer side.

This week, in a report detailing the challenges social media poses to intellectual property rights, UK anti-piracy outfit Federation Against Copyright Theft published a list of techniques deployed by pirates that hinder their investigations.

Fake/hidden website registration details

“Website registration details are often fake or hidden, which provides no further links to the person controlling the domain and its illegal activities,” the group reveals.

Protected WHOIS records are nothing new and can sometimes be uncloaked by a determined adversary via court procedures. However, in the early stages of an investigation, open records provide leads that can be extremely useful in building an early picture about who might be involved in the operation of a website.

Having them hidden is a definite plus for pirate site operators, especially when the underlying details are also fake, which is particularly common practice. And, with companies like Peter Sunde’s Njalla entering the market, hiding registrations is easier than ever.

Overseas servers

“Investigating servers located offshore cause some specific problems for FACT’s law-enforcement partners. In order to complete a full investigation into an offshore server, a law-enforcement agency must liaise with its counterpart in the country where the server is located. The difficulties of obtaining evidence from other countries are well known,” FACT notes.

While FACT no doubt corresponds with entities overseas, the anti-piracy outfit has a history of targeting UK citizens who are reportedly infringing copyright. It regularly involves UK police in its investigations (FACT itself employs former police officers) but jurisdiction is necessarily limited to the UK.

It is possible to get overseas law enforcement entities involved to seize a server, for example, but they have to be convinced of the need to do so by the police, which isn’t easy and is usually reserved for more serious cases. The bottom line is that by placing a server a long way away from a pirate’s home territory, things can be made much more difficult for local investigators.

Torrent websites and DMCA compliance

“Some torrent website operators who maintain a high DMCA compliance rate will often use this to try to appease the law, while continuing to provide infringing links,” FACT says.

This is an interesting one. Under law in both the United States and Europe, service providers are required to remove infringing content from their systems when they are notified of its existence by a rightsholder or its agent. Not doing so can render them liable, if the content is indeed infringing.

What FACT appears to be saying is that sites that comply with the law, by removing infringing content when asked to, become more difficult targets for legal action. It sounds very obvious but the underlying suggestion is that compliance on the surface is used as a protective mechanism. No example sites are mentioned but the strategy has clearly hindered FACT.

Current legislation too vague to remove infringing live sports streams

“Current legislation is insufficient to effectively tackle the issue of websites illegally offering coverage of live sports events. Section 512 (c) of the Digital Millennium Copyright Act (DMCA) states that: upon notification of claimed infringement, the service provider should ‘respond expeditiously’ to remove or disable access to the copyright-infringing material. Most live sports events are under two hours long, so such non-specific timeframes for required action are inadequate,” FACT complains.

Since government reports like these can take a long time to prepare, it appears that FACT and its partners may have already found a solution to this particular problem. Major FACT client the Premier League now has a High Court injunction in place which allows it to block infringing streams on a real-time basis. It doesn’t remove the content at its source, but it still renders it largely inaccessible in the UK.

Nevertheless, FACT calls for takedowns to be actioned more swiftly, noting that “the law needs to reflect this narrow timeframe with a specified required response period for websites offering such live feeds.”

Camming content directly from cinema screen to the cloud

“Recent advancements in technology have made this a viable option to ‘cammers’ to avoid detection. Attempts to curtail and delete illicitly recorded film footage may become increasingly difficult with the emergence of streaming apps that automatically upload recorded video to cloud services,” FACT reports.

Over the years, FACT has been involved in numerous operations to hinder those who record movies with cameras in theaters and then upload them to the Internet. Once the perpetrator has exited the theater, FACT has effectively lost the battle, but the possibility that a live upload can now take place is certainly an interesting proposition.

“While enforcing officers may delete the footage held on the device, the footage has potentially already been stored remotely on a cloud system,” FACT warns.

Equally, this could also prove a problem for those seeking to secure evidence. With a cloud upload, the person doing the recording could safely delete the footage from the local device. That could be an obstacle to proving that an offense had even been committed when a suspect is confronted in situ.

Virtual currencies

“There is great potential in virtual currencies for money launderers and illicit traders. Government and law enforcement have raised concerns on how virtual currencies can be sent anonymously, leaving little or no trail for regulators or law-enforcement agencies,” FACT writes.

For many years, pirates of all kinds have relied on systems like PayPal, Mastercard, and Visa, to shift money around. However, these payment systems are now more difficult to deploy on pirate services and are more easily traced, even when operators manage to squeeze them through the gaps.

The same cannot be said of bitcoin and similar currencies that are gaining in popularity all the time. They are harder to use, of course, but there’s little doubt accessibility issues will be innovated out of the equation at some point. Once that happens, these currencies will be a force to be reckoned with.

The UK government’s Share and Share Alike report, which examines the challenges social media poses to intellectual property rights, can be downloaded here (pdf)

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

Sci-Hub Faces $4,8 Million Piracy Damages and ISP Blocking

Post Syndicated from Ernesto original https://torrentfreak.com/sci-hub-faces-48-million-piracy-damages-and-isp-blocking-170905/

In June, a New York District Court handed down a default judgment against Sci-Hub.

The pirate site, operated by Alexandra Elbakyan, was ordered to pay $15 million in piracy damages to academic publisher Elsevier.

With the ink on this order barely dry, another publisher soon tagged on with a fresh complaint. The American Chemical Society (ACS), a leading source of academic publications in the field of chemistry, also accused Sci-Hub of mass copyright infringement.

Founded more than 140 years ago, the non-profit organization has around 157,000 members and researchers who publish tens of thousands of articles a year in its peer-reviewed journals. Because many of its works are available for free on Sci-Hub, ACS wants to be compensated.

Sci-Hub was made aware of the legal proceedings but did not appear in court. As a result, a default was entered against the site, and a few days ago ACS specified its demands, which include $4.8 million in piracy damages.

“Here, ACS seeks a judgment against Sci-Hub in the amount of $4,800,000—which is based on infringement of a representative sample of publications containing the ACS Copyrighted Works multiplied by the maximum statutory damages of $150,000 for each publication,” they write.

The publisher notes that the maximum statutory damages are only requested for 32 of its 9,000 registered works. This still adds up to a significant sum of money, of course, but that is needed as a deterrent, ACS claims.

“Sci-Hub’s unabashed flouting of U.S. Copyright laws merits a strong deterrent. This Court has awarded a copyright holder maximum statutory damages where the defendant’s actions were ‘clearly willful’ and maximum damages were necessary to ‘deter similar actors in the future’,” they write.

Although the deterrent effect may sound plausible in most cases, another $4.8 million in debt is unlikely to worry Sci-Hub’s owner, as she can’t pay it off anyway. However, there’s also a broad injunction on the table that may be more of a concern.

The requested injunction prohibits Sci-Hub’s owner to continue her work on the site. In addition, it also bars a wide range of other service providers from assisting others to access it.

Specifically, it restrains “any Internet search engines, web hosting and Internet service providers, domain name registrars, and domain name registries, to cease facilitating access to any or all domain names and websites through which Defendant Sci-Hub engages in unlawful access to [ACS’s works].”

The above suggests that search engines may have to remove the site from their indexes while ISPs could be required to block their users’ access to the site as well, which goes quite far.

Since Sci-Hub is in default, ACS is likely to get what it wants. However, if the organization intends to enforce the order in full, it’s likely that some of these third-party services, including Internet providers, will have to spring into action.

While domain name registries are regularly ordered to suspend domains, search engine removals and ISP blocking are not common in the United States. It would, therefore, be no surprise if this case lingers a little while longer.

A copy of ACS’s proposed default judgment, obtained by TorrentFreak, is available here (pdf).

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

YouTube-MP3 Settles With RIAA, Site Will Shut Down

Post Syndicated from Ernesto original https://torrentfreak.com/youtube-mp3-settles-with-riaa-site-will-shut-down-170904/

With millions of visitors per day, YouTube-MP3.org is one of the most visited websites on the Internet.

The site allows its visitors to convert YouTube videos to MP3 files, which they can then listen to where and whenever they want. The music industry sees such “stream ripping” sites as a serious threat to its revenues, worse than traditional pirate sites.

In an attempt to do something about it, a coalition of record labels, represented by the RIAA, took YouTube-MP3 to court last year.

A complaint filed in a California federal court accused the site’s operator of various types of copyright infringement. In addition, the labels accused the site of circumventing YouTube’s copying protection mechanism, violating the DMCA.

“Through the promise of illicit delivery of free music, Defendants have attracted millions of users to the [YouTube-MP3] website, which in turn generates advertising revenues for Defendants,” the labels complained.

Today, a year later, both parties have settled their differences. While there haven’t been many updates in the court docket, a recent filing states that both parties have agreed to a settlement.

The details of the deal are not public, but YouTube-MP3 is willing to take all the blame. In a proposed final judgment, both parties ask the court to rule in favor of the labels on all counts of the complaint. In addition, the site’s owner Philip Matesanz agreed to pay a settlement amount.

On all counts

In addition to the order, a proposed injunction will prohibit the site’s operator from “knowingly designing, developing, offering, or operating any technology or service that allows or facilitates the practice commonly known as “streamripping,” or any other type of copyright infringement for that matter.

This injunction, which RIAA and YouTube-MP3 both agreed on, also states that the site’s domain name will be handed over to one of the record labels.

“Defendants are ordered to transfer the domain name www.youtube-mp3.org to the Plaintiff identified in, and in accordance with the terms of, the confidential Settlement Agreement among the parties,” it reads.

If the owner refuses to comply, the registrar will be ordered to sign over the domain name, which means that there’s no escaping.

While the court has yet to sign the proposed judgment and injunction (pdf), it is clear that YouTube-MP3 has thrown in the towel and will shut down. At the time of writing the site remains online, but this likely won’t be for long.

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

Mayweather vs. McGregor Caused Massive Surge in Streaming Piracy

Post Syndicated from Ernesto original https://torrentfreak.com/mayweather-vs-mcgregor-caused-massive-surge-in-streaming-piracy-170828/

The boxing matchup between Mayweather and McGregor was an unusual sporting event in many ways, not least financially.

With close to a billion dollars at stake, various rightsholders did their best to ensure that piracy was kept to a minimum.

However, despite an injunction against pirate streaming sites and mysterious tracking codes embedded in streams, they were easily defeated.

New data published by Canadian broadband management company Sandvine reveals that there was a massive surge in live streaming piracy around the fight. The company monitored traffic at a fixed access tier-1 network in North America and found that many people tuned into pirate IPTV services.

Generally speaking, a single pirate live streaming channel never accounts for more than five percent of the total bandwidth generated by these unauthorized broadcasts. However, it was quite different last weekend.

“On Saturday that all changed, as the report below shows: at its peak, the pirated UFC and PPV channels for the Mayweather/McGregor fight accounted for 50% of all pirate TV streams,” Sandvine notes.

Streaming piracy boost

According to Sandvine, roughly 8% of the sampled subscribers have pirate live streaming devices at their homes and many of these were tuning into the fight between Mayweather and McGregor.

Towards the end of the event, 3.5 percent of total bandwidth consumed on the network came from these pirate streams. To give an illustration of the traffic that was generated, Sandvine notes that the unauthorized boxing streams totaled more traffic than Twitch, Facebook, and Instagram together.

Streaming piracy market share

While the figures are based on a sample of North American fixed access network traffic, Sandvine believes that it provides a good indication of the total traffic. In the near future, the company plans to release more details on this pirate streaming trend, to better understand what’s going on.

Sandvine informed TorrentFreak that the current numbers apply to pirate IPTV services, not the live streams that people watch in their regular browser.

This means that the complete piracy numbers are even higher. There is a wide variety of live streaming options available to pirates, and tracking outfit Irdeto estimates that close to 3 million people watched streams through YouTube, Facebook, Periscope and various pirate streaming sites.

It’s safe to say that in theory, the rightsholders could have made millions more. But then again, with hundreds of millions fresh in the bank, they’re not doing too badly at the moment.

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

Live Mayweather v McGregor Streams Will Thrive On Torrents Tonight

Post Syndicated from Andy original https://torrentfreak.com/live-mayweather-v-mcgregor-streams-will-thrive-on-torrents-tonight-170826/

Tonight, August 26, at the T-Mobile Arena in Las Vegas, Floyd Mayweather Jr. will finally meet UFC lightweight champion Conor McGregor in what is being billed as the biggest fight in boxing history.

Although tickets for inside the arena are still available for those with a lot of money to burn, most fans will be viewing on a screen of some kind, whether that’s in a cinema, sports bar, or at home in front of a TV.

The fight will be available on Showtime in the United States but the promoters also say they’ve done their best to make it accessible to millions of people in dozens of countries, with varying price tags dependent on region. Nevertheless, due to generally high prices, it’s likely that untold thousands around the world will attempt to watch the fight without paying.

That will definitely be possible. Although Showtime has won a pre-emptive injunction to stop some sites offering the fight, many hundreds of others are likely to fill in the gaps, offering generally lower-quality streams to the eager masses. Whether all of these sites will be able to cope with what could be unprecedented demand will remain to be seen, but there is one method that will thrive under the pressure.

Torrent technology is best known for offering content after it’s aired, whether that’s the latest episode of Game of Thrones or indeed a recording of the big fight scheduled for the weekend. However, what most ‘point-and-click’ file-sharers won’t know is that there’s a torrent-based technology that offers live sporting events week in, week out.

Without going into too many technical details, AceStream / Ace Player HD is a torrent engine built into the ever-popular VLC media player. It’s available on Windows, Android and Linux, costs nothing to install, and is incredibly easy to use.

Where regular torrent clients handle both .torrent files and magnet links, AceStream relies on an AceStream Content ID to find streams to play instead. This ID is a hash value (similar to one seen in magnet links, but prefaced with ‘acestream://’) which relates to the stream users want to view.

Once found, these can be copied to the user’s clipboard and pasted into the ‘Open Ace Stream Content ID’ section of the player’s file menu. Click ‘play’ and it’s done – it really is that simple.

AceStream is simplicity itself

Of course, any kind of content – both authorized and unauthorized – can be streamed and shared using AceStream and there are hundreds of live channels available, some in very high quality, 24/7. Inevitably, however, there’s quite an emphasis on premium content from sports broadcasters around the world, with fresh links to content shared on a daily basis.

The screenshot below shows a typical AceStream Content ID indexing site, with channels on the left, AceStream Content IDs in the center, plus language and then stream speed on the far right. (Note: TF has redacted the links since many will still be live at time of publication)

A typical AceSteam Content ID listing

While streams of most major TV channels are relatively easy to find, specialist channels showing PPV events are a little bit more difficult to discover. For those who know where to look, however, the big fight will be only a cut-and-paste away and in much better quality than that found on most web-based streaming portals.

All that being said, for torrent enthusiasts the magic lies in the ability of the technology to adapt to surging demand. While websites and streams wilt under the load Saturday night, it’s likely that AceStream streams will thrive under the pressure, with viewers (downloaders/streamers) also becoming distributors (uploaders) to others watching the event unfold.

With this in mind, it’s worth noting that while AceStream is efficient and resilient, using it to watch infringing content is illegal in most regions, since simultaneous uploading also takes place. Still, that’s unlikely to frighten away enthusiasts, who will already be aware of the risks and behind a VPN.

Ace Streams do have an Achilles heel though. Unlike a regular torrent swarm, where the initial seeder can disappear once a full copy of the movie or TV show is distributed around other peers, AceStreams are completely reliant on the initial stream seeder at all times. If he or she disappears, the live stream dies and it is all over. For this reason, people looking to stream often have a couple of extra stream hashes standing by.

But for big fans (who also have the money to spend, of course), the decision to pirate rather than pay is one not to be taken lightly. The fight will be a huge spectacle that will probably go down in history as the biggest combat sports event of all time. If streams go down early, that moment will be gone forever, so forget telling your kids about the time you watched McGregor knock out Mayweather in Round Two.

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

Court Cracks Down on ‘Future’ Pirate Mayweather-McGregor Streams

Post Syndicated from Ernesto original https://torrentfreak.com/court-cracks-down-on-future-pirate-mayweather-mcgregor-streams-170821/

This weekend, the undefeated Floyd Mayweather Jr. will go head-to-head with UFC lightweight champion Conor McGregor at the T-Mobile Arena in Las Vegas.

The fight is not just about prestige, but also about money. Some predict that the unusual matchup could pull in a staggering one billion dollars.

A significant portion of this will go to each of the fighters, but rightsholders such as Showtime benefit as well.

People who want to stream the event live over the Internet will have to cough up between $89.95 and $99.99. This will generate millions of dollars in revenue but the numbers would be even higher if it wasn’t so easy to stream the fight through pirate sites.

This is why Showtime took some of the most brazen pirate sites to court last week, demanding an injunction to stop the pirated streams before they even start. In its complaint, the cable TV provider listed 44 domain names which advertise the fight, urging the court to shut them down pre-emptively.

A few of the 44 targeted (sub)domains.

After reviewing the application, United States District Judge André Birotte Jr. approved the preliminary injunction, which forbids the site’s operators from offering infringing streams. The injunction stays in place until August 28, two days after the event.

While the order is a clear win for Showtime, it’s unclear how effective it will be. The sites in question are all believed to be connected to LiveStreamHDQ and its alleged operator “Kopa Mayweather,” who Showtime have battled before.

At the time of writing, the sites are all still online, although the language appears to have changed. Many now have articles explaining how the fight can be watched legally. Whether it remains that way has to be seen.

Updated ‘pirate’ site

Interestingly, the injunction doesn’t mention any domain name registrars or registries. When Showtime applied for similar measures in the past, the company specifically asked to take control of domain names, so these couldn’t be used for any infringing activity.

That said, the current order applies to the defendants and any others who are “in active concert or participation” with them, so this might be enough for domain registrars and other parties to take appropriate action.

Showtime also has the possibility to request updates to the injunction, if needed, but with only a few days to go this has to happen swiftly.

As mentioned earlier, this is not the first time that Showtime has gone after alleged pirates before they get a chance to commit an offense. The company launched similar cases for the Mayweather vs. Pacquiao and Mayweather vs. Berto matchups in 2015.

While these efforts were successful in taking a few pirate sites down, there were plenty of unauthorized streams available when the events started. This time it’s not likely to be any different. With hundreds of live streaming sites and tools out there, piracy will remain undefeated.

A copy of the preliminary injunction is available here (pdf).

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

TVAddons Decimated Without Trial, Here’s a View of the Damage

Post Syndicated from Andy original https://torrentfreak.com/tvaddons-decimated-without-trial-heres-a-view-of-the-damage-170820/

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.

They claimed that by developing, hosting, distributing or promoting Kodi add-ons, Lackman infringed their copyrights.

On June 9 the Federal Court handed down an 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 plaintiffs were also granted an Anton Piller order, a civil search warrant that granted access to Lackman’s premises and allowed him to be interrogated.

As previously reported, the plaintiffs abused the process and only later did a court recognize that the search was designed as both a fishing exercise and a means to take down TVAddons, in advance of any trial on the merits of the case.

In the meantime, with the process grinding through an early appeal, the plaintiffs’ aim of destroying TVAddons has been at least partially achieved. After prolonged downtime, Lackman recently brought the site back under a new URL, TVAddons.co. However, he informs TF that serious damage has been done to a project that previously enjoyed great momentum.

“Google is the most popular site on the internet. If Google was down for a day, you’d check back tomorrow. If it was down for a week, you’d check back a week later. If it was down for a month, maybe you’d try once in a while,” Lackman says.

“However, if Google was down for more than six months, would you return in a year from now? Probably not. And that’s Google, not a small community site like TVAddons.”

Some people are coming back to the site now, but in nowhere near the volumes it previously enjoyed. Here’s a traffic analysis for a typical day at TVAddons.ag before the takedown.

TVAddons.ag daily traffic, before the takedown

And here is how the traffic for TVAddons.co looked a few days ago, a little two weeks after its revival and ten weeks after the initial takedown.

Part of the problem is not being able to get in touch with former users. In addition to taking control of TVAddons’ domains, the legal process also deprived the site of its social media accounts.

For example, TVAddons’ original Twitter account is now dormant. It still has 141K followers but with its passwords in the hands of lawyers, Lackman has been forced to open a new account, TVAddonsco. However, he’s only been able to attract just over 8,000 followers.

Facebook tells a similar story. With no access to the old account (which had 174,229 likes), the new account facebook.com/tvaddonsco is stalling at around 1,600. The situations on YouTube and Instagram are just as bleak.

“They’ve completely muzzled us, there was never anything questionable on our social media, seizing it without actually winning a lawsuit against us is nothing less than censorship,” Lackman says.

“Since we never required user registration, we don’t have the ability to reach the majority of our users without having access to our old social media accounts and notification system, which doesn’t work without our domain name being active.”

Also seized were TVaddons’ Feedburner account, which was used to manage the site’s 100,000 RSS feed subscribers.

“It was in the same account as Google+ and YouTube so we lost that too. We could have easily used it to forward our RSS feed and keep all the subscribers otherwise,” Lackman adds.

This has left TVAddons having to do its best to spread the details of its new locations via social media and a contest that has thus far gained more than 87,000 entries and may be helping things along.

While it’s now common knowledge that many TVAddons-related domains and accounts were seized following the search, Lackman now reveals that other non-connected projects were affected too. Included were the social media pages of several unrelated businesses, the domain name of a hosting website that was around seven years old, and an entirely legal “cord-cutting” information resource.

“Since the cord-cutting phenomenon conflicts with their business interests, seizing that specific social media page effectively destroyed their direct competition,” Lackman says.

“The plaintiffs are trying to destroy their competition rather than innovating. TVAddons provided a lot of legitimate competition for them in terms of content for cordcutters, they’re trying to keep a grasp on the market at any cost.

“Their failure at innovating can be immediately demonstrated by the fact that the NFL recently canceled all broadcast contracts with Canadian TV operators, in favor of DAZN, a new legal sports streaming service that charges half the price they did, with way more content than their sports packages ever offered.”

But despite the setbacks, Lackman appears determined to continue not only with the resurrected TVAddons, but also the legal fight against the Canadian broadcasting giants intent on his destruction.

At the time of writing the site’s fundraiser has generated more than $27,000 in 15 days but TF understands that this might only be 5 to 10 percent of the final sum required when all bills are counted. It’s hoped that new methods of donating and assistance from friendly website operators might give the campaign an additional boost but in the meantime, Lackman is expressing gratitude for the efforts so far.

It’s hard to say whether TVAddons will once again reach the heights achieved at its peak but after taking years to build up a following, the odds are certainly stacked against it.

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

Porn Producer Says He’ll Prove That AMC TV Exec is a BitTorrent Pirate

Post Syndicated from Andy original https://torrentfreak.com/porn-producer-says-hell-prove-that-amc-tv-exec-is-a-bittorrent-pirate-170818/

When people are found sharing copyrighted pornographic content online in the United States, there’s always a chance that an angry studio will attempt to track down the perpertrator in pursuit of a cash settlement.

That’s what adult studio Flava Works did recently, after finding its content being shared without permission on a number of gay-focused torrent sites. It’s now clear that their target was Marc Juris, President & General Manager of AMC-owned WE tv. Until this week, however, that information was secret.

As detailed in our report yesterday, Flava Works contacted Juris with an offer of around $97,000 to settle the case before trial. And, crucially, before Juris was publicly named in a lawsuit. If Juris decided not to pay, that amount would increase significantly, Flava Works CEO Phillip Bleicher told him at the time.

Not only did Juris not pay, he actually went on the offensive, filing a ‘John Doe’ complaint in a California district court which accused Flava Works of extortion and blackmail. It’s possible that Juris felt that this would cause Flava Works to back off but in fact, it had quite the opposite effect.

In a complaint filed this week in an Illinois district court, Flava Works named Juris and accused him of a broad range of copyright infringement offenses.

The complaint alleges that Juris was a signed-up member of Flava Works’ network of websites, from where he downloaded pornographic content as his subscription allowed. However, it’s claimed that Juris then uploaded this material elsewhere, in breach of copyright law.

“Defendant downloaded copyrighted videos of Flava Works as part of his paid memberships and, in violation of the terms and conditions of the paid sites, posted and distributed the aforesaid videos on other websites, including websites with peer to peer sharing and torrents technology,” the complaint reads.

“As a result of Defendant’ conduct, third parties were able to download the copyrighted videos, without permission of Flava Works.”

In addition to demanding injunctions against Juris, Flava Works asks the court for a judgment in its favor amounting to a cool $1.2m, more than twelve times the amount it was initially prepared to settle for. It’s a huge amount, but according to CEO Phillip Bleicher, it’s what his company is owed, despite Juris being a former customer.

“Juris was a member of various Flava Works websites at various times dating back to 2006. He is no longer a member and his login info has been blocked by us to prevent him from re-joining,” Bleicher informs TF.

“We allow full downloads, although each download a person performs, it tags the video with a hidden code that identifies who the user was that downloaded it and their IP info and date / time.”

We asked Bleicher how he can be sure that the content downloaded from Flava Works and re-uploaded elsewhere was actually uploaded by Juris. Fine details weren’t provided but he’s insistent that the company’s evidence holds up.

“We identified him directly, this was done by cross referencing all his IP logins with Flava Works, his email addresses he used and his usernames. We can confirm that he is/was a member of Gay-Torrents.org and Gayheaven.org. We also believe (we will find out in discovery) that he is a member of a Russian file sharing site called GayTorrent.Ru,” he says.

While the technicalities of who downloaded and shared what will be something for the court to decide, there’s still Juris’ allegations that Bleicher used extortion-like practices to get him to settle and used his relative fame against him. Bleicher says that’s not how things played out.

“[Juris] hired an attorney and they agreed to settle out of court. But then we saw him still accessing the file sharing sites (one site shows a user’s last login) and we were waiting on the settlement agreement to be drafted up by his attorney,” he explains.

“When he kept pushing the date of when we would see an agreement back we gave him a final deadline and said that after this date we would sue [him] and with all lawsuits – we make a press release.”

Bleicher says at this point Juris replaced his legal team and hired lawyer Mark Geragos, who Bleicher says tried to “bully” him, warning him of potential criminal offenses.

“Your threats in the last couple months to ‘expose’ Mr. Juris knowing he is a high profile individual, i.e., today you threatened to issue a press release, to induce him into wiring you close to $100,000 is outright extortion and subject to criminal prosecution,” Geragos wrote.

“I suggest you direct your attention to various statutes which specifically criminalize your conduct in the various jurisdictions where you have threatened suit.”

Interestingly, Geragos then went on to suggest that the lawsuit may ultimately backfire, since going public might affect Flava Works’ reputation in the gay market.

“With respect to Mr. Juris, your actions have been nothing but extortion and we reject your attempts and will vigorously pursue all available remedies against you,” Geragos’ email reads.

“We intend to use the platform you have provided to raise awareness in the LGBTQ community of this new form of digital extortion that you promote.”

But Bleicher, it seems, is up for a fight.

“Marc knows what he did and enjoyed downloading our videos and sharing them and those of videos of other studios, but now he has been caught,” he told the lawyer.

“This is the kind of case I would like to take all the way to trial, win or lose. It shows
people that want to steal our copyrighted videos that we aggressively protect our intellectual property.”

But to the tune of $1.2m? Apparently so.

“We could get up to $150,000 per infringement – we have solid proof of eight full videos – not to mention we have caught [Juris] downloading many other studios’ videos too – I think – but not sure – the number was over 75,” Bleicher told TF.

It’s quite rare for this kind of dispute to play out in public, especially considering Juris’ profile and occupation. Only time will tell if this will ultimately end in a settlement, but Bleicher and Juris seemed determined at this stage to stand by their ground and fight this out in court.

Complaint (pdf)

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

Showtime Seeks Injunction to Stop Mayweather v McGregor Piracy

Post Syndicated from Andy original https://torrentfreak.com/showtime-seeks-injunction-to-stop-mayweather-v-mcgregor-piracy-170816/

It’s the fight that few believed would become reality but on August 26, at the T-Mobile Arena in Las Vegas, Floyd Mayweather Jr. will duke it out with UFC lightweight champion Conor McGregor.

Despite being labeled a freak show by boxing purists, it is set to become the biggest combat sports event of all time. Mayweather, undefeated in his professional career, will face brash Irishman McGregor, who has gained a reputation for accepting fights with anyone – as long as there’s a lot of money involved. Big money is definitely the theme of the Mayweather bout.

Dubbed “The Money Fight”, some predict it could pull in a billion dollars, with McGregor pocketing $100m and Mayweather almost certainly more. Many of those lucky enough to gain entrance on the night will have spent thousands on their tickets but for the millions watching around the world….iiiiiiiit’s Showtimmme….with hefty PPV prices attached.

Of course, not everyone will be handing over $89.95 to $99.99 to watch the event officially on Showtime. Large numbers will turn to the many hundreds of websites set to stream the fight for free online, which has the potential to reduce revenues for all involved. With that in mind, Showtime Networks has filed a lawsuit in California which attempts to preemptively tackle this piracy threat.

The suit targets a number of John Does said to be behind a network of dozens of sites planning to stream the fight online for free. Defendant 1, using the alias “Kopa Mayweather”, is allegedly the operator of LiveStreamHDQ, a site that Showtime has grappled with previously.

“Plaintiff has had extensive experience trying to prevent live streaming websites from engaging in the unauthorized reproduction and distribution of Plaintiff’s copyrighted works in the past,” the lawsuit reads.

“In addition to bringing litigation, this experience includes sending cease and desist demands to LiveStreamHDQ in response to its unauthorized live streaming of the record-breaking fight between Floyd Mayweather, Jr. and Manny Pacquiao.”

Showtime says that LiveStreamHDQ is involved in the operations of at least 41 other sites that have been set up to specifically target people seeking to watch the fight without paying. Each site uses a .US ccTLD domain name.

Sample of the sites targeted by the lawsuit

Showtime informs the court that the registrant email and IP addresses of the domains overlap, which provides further proof that they’re all part of the same operation. The TV network also highlights various statements on the sites in question which demonstrate intent to show the fight without permission, including the highly dubious “Watch From Here Mayweather vs Mcgregor Live with 4k Display.”

In addition, the lawsuit is highly critical of efforts by the sites’ operator(s) to stuff the pages with fight-related keywords in order to draw in as much search engine traffic as they can.

“Plaintiff alleges that Defendants have engaged in such keyword stuffing as a form of search engine optimization in an effort to attract as much web traffic as possible in the form of Internet users searching for a way to access a live stream of the Fight,” it reads.

While site operators are expected to engage in such behavior, Showtime says that these SEO efforts have been particularly successful, obtaining high-ranking positions in major search engines for the would-be pirate sites.

For instance, Showtime says that a Google search for “Mayweather McGregor Live” results in four of the target websites appearing in the first 100 results, i.e the first 10 pages. Interestingly, however, to get that result searchers would need to put the search in quotes as shown above, since a plain search fails to turn anything up in hundreds of results.

At this stage, the important thing to note is that none of the sites are currently carrying links to the fight, because the fight is yet to happen. Nevertheless, Showtime is convinced that come fight night, all of the target websites will be populated with pirate links, accessible for free or after paying a fee. This needs to be stopped, it argues.

“Defendants’ anticipated unlawful distribution will impair the marketability and profitability of the Coverage, and interfere with Plaintiff’s own authorized distribution of the Coverage, because Defendants will provide consumers with an opportunity to view the Coverage in its entirety for free, rather than paying for the Coverage provided through Plaintiff’s authorized channels.

“This is especially true where, as here, the work at issue is live coverage of a one-time live sporting event whose outcome is unknown,” the network writes.

Showtime informs the court that it made efforts to contact the sites in question but had just a single response from an individual who claimed to be sports blogger who doesn’t offer streaming services. The undertone is one of disbelief.

In closing, Showtime demands a temporary restraining order, preliminary injunction, and permanent injunction, prohibiting the defendants from making the fight available in any way, and/or “forming new entities” in order to circumvent any subsequent court order. Compensation for suspected damages is also requested.

Showtime previously applied for and obtained a similar injunction to cover the (hugely disappointing) Mayweather v Pacquiao fight in 2015. In that case, websites were ordered to be taken down on the day before the fight.

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

New Premier League Blocking Disrupts Pirate IPTV Providers

Post Syndicated from Andy original https://torrentfreak.com/new-premier-league-blocking-disrupts-pirate-iptv-providers-170814/

Top tier football in the UK is handled by the English Premier League (EPL) and broadcasting partners Sky and BT Sport. All face considerable problems with Internet piracy, through free web or Kodi-based streaming and premium IPTV feeds.

To mitigate the threat, earlier this year the Premier League obtained a unique High Court injunction which required ISPs such as Sky, BT, and Virgin to block ‘pirate’ football streams in real-time.

Although the success of the program was initially up for debate, the EPL reported it was able to block 5,000 server IP addresses that were streaming its content. When that temporary injunction ran out, the EPL went back to court for a new one, valid for the season that began this past weekend. There are signs the EPL may have upped its game.

As soon as the matches began on Saturday, issues were reported at several of the more prominent IPTV providers. Within minutes of the match streams going live, subscribers to affected services were met with black screens, causing anger and frustration. While some clearly knew that action was on the cards, relatively few had an effective plan in place.

One provider, which targets subscribers in the UK, scrambled to obtain new domain names, thinking that the existing domains had been placed on some kind of Premier League blacklist. While that may have indeed been the case, making a service more obscure in that sense was never going to outwit the systems deployed by the anti-piracy outfits involved.

Indeed, the provider in question was subjected to much chaos over both Saturday and Sunday, since it’s clear that large numbers of subscribers had absolutely no idea what was going on. Even if they understood that the EPL was blocking, the change of domain flat-footed the rest. The subsequent customer service chaos was not a pretty sight but would’ve been a pleasure for the EPL to behold.

An interesting side effect of this EPL action is that even if IPTV subscribers don’t care about football, many were affected this past weekend anyway.

TF is aware of at least three services (there are probably many more) that couldn’t service their UK customers with any other channels whatsoever while the Premier League games were being aired. This suggests that the IP addresses hit by the EPL and blocked by local ISPs belonged to the same servers carrying the rest of the content offered by the IPTV providers.

When the High Court handed down its original injunction it accepted that some non-Premier League content could be blocked at the same time but since that “consists almost exclusively of [infringing] commercial broadcast content such as other sports, films, and television programs,” there was little concern over collateral damage.

So the big question now is what can IPTV providers and/or subscribers do to tackle the threat?

The first interesting thing to note is not all of the big providers were affected this past weekend, so for many customers the matches passed by as normal. It isn’t clear whether EPL simply didn’t have all of the providers on the list or whether steps were taken to mitigate the threat, but that was certainly the case in a handful of cases.

Information passed to TF shows that at least a small number of providers were not only waiting for the EPL action but actually had a backup plan in place. This appears to have resulted in a minimum of disruption for their customers, something that will prove of interest to the many frustrated subscribers looking for a new service this morning.

While the past few days have been somewhat chaotic, other issues have been muddying the waters somewhat.

TF has learned that at least two, maybe three suppliers, were subjected to DDoS attacks around the time the matches were due to air. It seems unlikely that the EPL has been given permission to carry out such an attack but since the High Court injunction is secret in every way that describes its anti-piracy methods, that will remain a suspicion. In the meantime, rival IPTV services remain possible suspects.

Also, a major IPTV stream ‘wholesaler’ is reported to have had technical issues on Saturday, which affected its ability to serve lower-tier providers. Whether that was also linked to the Premier League action is unknown and TF couldn’t find any source willing to talk about the provider in any detail.

So, sports fans who rely on IPTV for their fix are wondering how things will pan out later this week. If this last weekend is anything to go by, disruption is guaranteed, but it will be less of a surprise given the problems of the last few days. While some don’t foresee huge problems, several providers are already advising customers that VPNs will be necessary.

An IPTV provider suggesting the use of VPNs

While a VPN will indeed solve the problem in most cases, for many subscribers that will amount to an additional expense, not to mention more time spent learning about VPNs, what they can do, and how they can be setup on the hardware they’re using for IPTV.

For users on Android devices running IPTV apps or Kodi-type setups, VPNs are both easy to install and use. However, Mag Box STB users cannot run a VPN directly on the device, meaning that they’ll need either a home router that can run a VPN or a smaller ‘travel’ type router with OpenVPN capabilities to use as a go-between.

Either way, costs are beginning to creep up, if IPTV providers can’t deal with the EPL’s blocking efforts. That makes the new cheaper football packages offered by various providers that little bit more attractive. But that was probably the plan all along.

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.

Foxtel Targets 128 Torrent & Streaming Domains For Blocking Down Under

Post Syndicated from Andy original https://torrentfreak.com/foxtel-targets-128-torrent-streaming-domains-for-blocking-down-under-170808/

In 2015, Australia passed controversial legislation which allows ‘pirate’ sites located on servers overseas to be blocked at the ISP level.

“These offshore sites are not operated by noble spirits fighting for the freedom of the internet, they are run by criminals who profit from stealing other people’s creative endeavors,” commented then Foxtel chief executive Richard Freudenstein.

Before, during and after its introduction, Foxtel has positioned itself as a keen supporter of the resulting Section 115a of the Copyright Act. And in December 2016, with the law firmly in place, it celebrated success after obtaining a blocking injunction against The Pirate Bay, Torrentz, TorrentHound and isoHunt.

In May, Foxtel filed a new application, demanding that almost 50 local ISPs block what was believed to be a significant number of ‘pirate’ sites not covered by last year’s order.

Today the broadcasting giant was back in Federal Court, Sydney, to have this second application heard under Section 115a. It was revealed that the application contains 128 domains, each linked to movie and TV piracy.

According to ComputerWorld, the key sites targeted are as follows: YesMovies, Vumoo, LosMovies, CartoonHD, Putlocker, Watch Series 1, Watch Series 2, Project Free TV 1, Project Free TV 2, Watch Episodes, Watch Episode Series, Watch TV Series, The Dare Telly, Putlocker9.is, Putlocker9.to, Torlock and 1337x.

The Foxtel application targets both torrent and streaming sites but given the sample above, it seems that the latter is currently receiving the most attention. Streaming sites are appearing at a rapid rate and can even be automated to some extent, so this battle could become extremely drawn out.

Indeed, Justice Burley, who presided over the case this morning, described the website-blocking process (which necessarily includes targeting mirrors, proxies and replacement domains) as akin to “whack-a-mole”.

“Foxtel sees utility in orders of this nature,” counsel for Foxtel commented in response. “It’s important to block these sites.”

In presenting its application, Foxtel conducted live demonstrations of Yes Movies, Watch Series, 1337x, and Putlocker. It focused on the Australian prison drama series Wentworth, which has been running on Foxtel since 2013, but also featured tests of Game of Thrones.

Justice Burley told the court that since he’s a fan of the series, a spoiler-free piracy presentation would be appreciated. If the hearing had taken place a few days earlier, spoilers may have been possible. Last week, the latest episode of the show leaked onto the Internet from an Indian source before its official release.

Justice Burley’s decision will be handed down at a later date, but it’s unlikely there will be any serious problems with Foxtel’s application. After objecting to many aspects of blocking applications in the past, Australia’s ISPs no longer appear during these hearings. They are now paid AU$50 per domain blocked by companies such as Foxtel and play little more than a technical role in the process.

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

Font Maker Sues Universal Music Over ‘Pirated’ The Vamps Logo

Post Syndicated from Ernesto original https://torrentfreak.com/font-maker-sues-universal-music-over-pirated-the-vamps-logo-170802/

Piracy comes in all shapes and sizes. While record labels regularly see themselves as victims, they can sometimes cross the line as well.

According to HypeForType, which designs, creates, and licenses various custom fonts, this is exactly what record label Universal Music Group did.

The font maker has filed a lawsuit accusing the major label of using its “Nanami Rounded” and “Ebisu Bold” fonts without permission.

The lawsuit centers around fonts used for the logo and merchandise of the popular British band The Vamps. According to a complaint, filed in a New York federal court, Universal failed to obtain a proper license for its use, so they are essentially using pirated fonts.

According to the complaint, designer Stuart Hardie did purchase a basic license in 2013. However, Universal itself hasn’t bought the additional and required license upgrade to use the Nanami Rounded or Ebisu Bold Font Software on a commercial scale.

“Plaintiff requires a license upgrade (‘Special Font License’) for use of its typeface font software in commercial, for-profit usage including, inter alia, on goods for sale,” the complaint reads.

“Upon information and belief, Defendant has used and/or caused others to use unauthorized copies of the Font Software in the creation of The Vamps goods for sale, including, inter alia, clothing, accessories, DVDs, and CDs,” it adds.

HypeForType says that unauthorized use of its font has caused the company significant damages, which it wants to recoup. In addition, the font maker claims any gains and profits Universal made using its fonts.

“At present, the amount of such damages, gains, profits, and advantages cannot be fully ascertained by Plaintiff but are believed to be not less than $1,251,235 together with prejudgment interest and reasonable costs and fees or Statutory Damages under Copyright Law, whichever is greater.”

On top of the damages, HypeForType also requests an injunction preventing Universal, and thus The Vamps, from using the fonts without a proper license. They also want all existing materials, including merchandise, to be destroyed.

While it seems unlikely that The Vamps will stop using their existing logo anytime soon, a substantial settlement might be warranted, if the copyright infringement claims hold up in court. But then again, that’s only fair when you’re ‘stealing’ someone’s work.

—-

A copy of HypeForType’s complaint is available here (pdf).

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.

Italian ISPs Say New Copyright Amendment Infringes Human Rights

Post Syndicated from Andy original https://torrentfreak.com/italian-isps-say-new-copyright-amendment-infringes-human-rights-170728/

After being spoken of in unfavorable terms by the United States Trade Representative in its Special 301 Reports, Italy achieved a sudden breakthrough in 2014.

“Italy’s removal from the Special 301 List reflects the significant steps the Government of Italy has taken to address the problem of online piracy, and the continued U.S. commitment to meaningful and sustained engagement with our critical partner Italy,” the USTR said in a special announcement.

This praise was in part due to the way Italy promised to deal with online piracy. Instead of legislating to make a piracy crackdown easier, the government handed AGCOM, the Italian Communications Regulatory Authority, the power to deal with infringement based on complaints filed by rightsholders.

Without any need for legal cases or court injunctions, at the end of March 2014, AGCOM was granted the power to have allegedly infringing content removed from sites and to have domains blocked at the ISP level.

Now, just over three years later, AGCOM has been granted even more power. Passed last week, Amendment 1.022 effectively gives AGCOM the power to order sites to not only take allegedly infringing content down but to keep it down permanently, all without intervention from the judiciary.

The decision has provoked a furious response from a body representing the country’s ISPs, which describes the “unconstitutional rules” as a way to protect the economic interests of right holders behind various creative works and live sporting events.

“This measure abolishes procedural safeguards for citizens, imposes interception obligations to Internet providers, and damages consumers by imposing technical measures that will result in increased costs,” the Italian Association of Internet Providers (AIIP) said in a statement.

According to AIIP, it is the judiciary that should have sole power over copyright infringement disputes in Italy. When other bodies such as AGCOM are given control over criminal issues, it represents a violation of both constitutional principles and EU law.

“Any rule that would require Internet Providers to filter and carry out preventive checks – as well as to remove content generated by users without a court order – is in violation of the European Convention on Human Rights, Community legislation on electronic communications services, and case law of the European Court of Justice,” AIIP says.

The ISP body says that AGCOM now possesses discretionary powers that even magistrates do not have, which from a technical perspective includes monitoring, interception, and blocking of user activity, a position that amounts to “gigantic state censorship.”

Only time will tell how the situation pans out but it’s crystal clear that ISPs feel that unlike the views of the copyright industry, their concerns have not been taken into consideration.

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