Tag Archives: ISPs

Anti-Piracy Group Joins Internet Organization That Controls Top-Level Domain

Post Syndicated from Andy original https://torrentfreak.com/anti-piracy-group-joins-internet-organization-that-controls-top-level-domain-171019/

All around the world, content creators and rightsholders continue to protest against the unauthorized online distribution of copyrighted content.

While pirating end-users obviously share some of the burden, the main emphasis has traditionally been placed on the shuttering of illicit sites, whether torrent, streaming, or hosting based.

Over time, however, sites have become more prevalent and increasingly resilient, leaving the music, movie and publishing industries to play a frustrating game of whac-a-mole. With this in mind, their focus has increasingly shifted towards Internet gatekeepers, including ISPs and bodies with influence over domain availability.

While most of these efforts take place via cooperation or legal action, there’s regularly conflict when Hollywood, for example, wants a particular domain rendered inaccessible or the music industry wants pirates kicked off the Internet.

As a result, there’s nearly always a disconnect, with copyright holders on one side and Internet technology companies worried about mission creep on the other. In Denmark, however, those lines have just been blurred in the most intriguing way possible after an infamous anti-piracy outfit joined an organization with significant control over the Internet in the country.

RettighedsAlliancen (or Rights Alliance as it’s more commonly known) is an anti-piracy group which counts some of the most powerful local and international movie companies among its members. It also operates on behalf of IFPI and by extension, most of the world’s major recording labels.

The group has been involved in dozens of legal processes over the years against file-sharers and file-sharing sites, most recently fighting for and winning ISP blockades against most major pirate portals including The Pirate Bay, RARBG, Torrentz, and many more.

In a somewhat surprising new announcement, the group has revealed it’s become the latest member of DIFO, the Danish Internet Forum (DIFO) which “works for a secure and accessible Internet” under the top-level .DK domain. Indeed, DIFO has overall responsibility for Danish internet infrastructure.

“For DIFO it is important to have a strong link to the Danish internet community. Therefore, we are very pleased that the Alliance wishes to be part of the association,” DIFO said in a statement.

Rights Alliance will be DIFO’s third new member this year but uniquely it will get the opportunity to represent the interests of more than 100,000 Danish and international rightholders from inside an influential Internet-focused organization.

Looking at DIFO’s membership, Rights Alliance certainly stands out as unusual. The majority of the members are made up of IT-based organizations, such as the Internet Industry Association, The Association of Open Source Suppliers and DKRegistrar, the industry association for Danish domain registrars.

A meeting around a table with these players and their often conflicting interests is likely to be an experience for all involved. However, all parties seem more than happy with the new partnership.

“We want to help create a more secure internet for companies that invest in doing business online, and for users to be safe, so combating digital crime is a key and shared goal,” says Rights Alliance chief, Maria Fredenslund. “I am therefore looking forward to the future cooperation with DIFO.”

Only time will tell how this partnership will play out but if common ground can be found, it’s certainly possible that the anti-piracy scene in Denmark could step up a couple of gears in the future.

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

Google Asked to Delist Pirate Movie Sites, ISPs Asked to Block Them

Post Syndicated from Andy original https://torrentfreak.com/google-asked-to-delist-pirate-movie-sites-isps-asked-to-block-them-171018/

After seizing several servers operated by popular private music tracker What.cd, last November French police went after a much bigger target.

Boasting millions of regular visitors, Zone-Telechargement (Zone-Download) was ranked the 11th most-visited website in the whole of the country. The site offered direct downloads of a wide variety of pirated content, including films, series, games, and music. Until the French Gendarmerie shut it down, that is.

After being founded in 2011 and enjoying huge growth following the 2012 raids against Megaupload, the Zone-Telechargement ‘brand’ was still popular with French users, despite the closure of the platform. It, therefore, came as no surprise that the site was quickly cloned by an unknown party and relaunched as Zone-Telechargement.ws.

The site has been doing extremely well following its makeover. To the annoyance of copyright holders, SimilarWeb reports the platform as France’s 37th most popular site with around 58 million visitors per month. That’s a huge achievement in less than 12 months.

Now, however, the site is receiving more unwanted attention. PCInpact says it has received information that several movie-focused organizations including the French National Film Center are requesting tough action against the site.

The National Federation of Film Distributors, the Video Publishing Union, the Association of Independent Producers and the Producers Union are all demanding the blocking of Zone-Telechargement by several local ISPs, alongside its delisting from search results.

The publication mentions four Internet service providers – Free, Numericable, Bouygues Telecom, and Orange – plus Google on the search engine front. At this stage, other search companies, such as Microsoft’s Bing, are not reported as part of the action.

In addition to Zone-Telechargement, several other ‘pirate’ sites (Papystreaming.org, Sokrostream.cc and Zonetelechargement.su, another site playing on the popular brand) are included in the legal process. All are described as “structurally infringing” by the complaining movie outfits, PCInpact notes.

The legal proceedings against the sites are based in Article 336-2 of the Intellectual Property Code. It’s ground already trodden by movie companies who following a 2011 complaint, achieved victory in 2013 against several Allostreaming-linked sites.

In that case, the High Court of Paris ordered ISPs, several of which appear in the current action, to “implement all appropriate means including blocking” to prevent access to the infringing sites.

The Court also ordered Google, Microsoft, and Yahoo to “take all necessary measures to prevent the occurrence on their services of any results referring to any of the sites” on their platforms.

Also of interest is that the action targets a service called DL-Protecte.com, which according to local anti-piracy agency HADOPI, makes it difficult for rightsholders to locate infringing content while at the same time generates more revenue for pirate sites.

A judgment is expected in “several months.”

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

PureVPN Explains How it Helped the FBI Catch a Cyberstalker

Post Syndicated from Andy original https://torrentfreak.com/purevpn-explains-how-it-helped-the-fbi-catch-a-cyberstalker-171016/

Early October, Ryan S. Lin, 24, of Newton, Massachusetts, was arrested on suspicion of conducting “an extensive cyberstalking campaign” against a 24-year-old Massachusetts woman, as well as her family members and friends.

The Department of Justice described Lin’s offenses as a “multi-faceted” computer hacking and cyberstalking campaign. Launched in April 2016 when he began hacking into the victim’s online accounts, Lin allegedly obtained personal photographs and sensitive information about her medical and sexual histories and distributed that information to hundreds of other people.

Details of what information the FBI compiled on Lin can be found in our earlier report but aside from his alleged crimes (which are both significant and repugnant), it was PureVPN’s involvement in the case that caused the most controversy.

In a report compiled by an FBI special agent, it was revealed that the Hong Kong-based company’s logs helped the authorities net the alleged criminal.

“Significantly, PureVPN was able to determine that their service was accessed by the same customer from two originating IP addresses: the RCN IP address from the home Lin was living in at the time, and the software company where Lin was employed at the time,” the agent’s affidavit reads.

Among many in the privacy community, this revelation was met with disappointment. On the PureVPN website the company claims to carry no logs and on a general basis, it’s expected that so-called “no-logging” VPN providers should provide people with some anonymity, at least as far as their service goes. Now, several days after the furor, the company has responded to its critics.

In a fairly lengthy statement, the company begins by confirming that it definitely doesn’t log what websites a user views or what content he or she downloads.

“PureVPN did not breach its Privacy Policy and certainly did not breach your trust. NO browsing logs, browsing habits or anything else was, or ever will be shared,” the company writes.

However, that’s only half the problem. While it doesn’t log user activity (what sites people visit or content they download), it does log the IP addresses that customers use to access the PureVPN service. These, given the right circumstances, can be matched to external activities thanks to logs carried by other web companies.

PureVPN talks about logs held by Google’s Gmail service to illustrate its point.

“A network log is automatically generated every time a user visits a website. For the sake of this example, let’s say a user logged into their Gmail account. Every time they accessed Gmail, the email provider created a network log,” the company explains.

“If you are using a VPN, Gmail’s network log would contain the IP provided by PureVPN. This is one half of the picture. Now, if someone asks Google who accessed the user’s account, Google would state that whoever was using this IP, accessed the account.

“If the user was connected to PureVPN, it would be a PureVPN IP. The inquirer [in the Lin case, the FBI] would then share timestamps and network logs acquired from Google and ask them to be compared with the network logs maintained by the VPN provider.”

Now, if PureVPN carried no logs – literally no logs – it would not be able to help with this kind of inquiry. That was the case last year when the FBI approached Private Internet Access for information and the company was unable to assist.

However, as is made pretty clear by PureVPN’s explanation, the company does log user IP addresses and timestamps which reveal when a user was logged on to the service. It doesn’t matter that PureVPN doesn’t log what the user allegedly did online, since the third-party service already knows that information to the precise second.

Following the example, GMail knows that a user sent an email at 10:22am on Monday October 16 from a PureVPN IP address. So, if PureVPN is approached by the FBI, the company can confirm that User X was using the same IP address at exactly the same time, and his home IP address was XXX.XX.XXX.XX. Effectively, the combined logs link one IP address to the other and the user is revealed. It’s that simple.

It is for this reason that in TorrentFreak’s annual summary of no-logging VPN providers, the very first question we ask every single company reads as follows:

Do you keep ANY logs which would allow you to match an IP-address and a time stamp to a user/users of your service? If so, what information do you hold and for how long?

Clearly, if a company says “yes we log incoming IP addresses and associated timestamps”, any claim to total user anonymity is ended right there and then.

While not completely useless (a logging service will still stop the prying eyes of ISPs and similar surveillance, while also defeating throttling and site-blocking), if you’re a whistle-blower with a job or even your life to protect, this level of protection is entirely inadequate.

The take-home points from this controversy are numerous, but perhaps the most important is for people to read and understand VPN provider logging policies.

Secondly, and just as importantly, VPN providers need to be extremely clear about the information they log. Not tracking browsing or downloading activities is all well and good, but if home IP addresses and timestamps are stored, this needs to be made clear to the customer.

Finally, VPN users should not be evil. There are plenty of good reasons to stay anonymous online but cyberstalking, death threats and ruining people’s lives are not included. Fortunately, the FBI have offline methods for catching this type of offender, and long may that continue.

PureVPN’s blog post is available here.

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

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.

Hitman’s Bodyguard Pirates Get Automated $300 Fine

Post Syndicated from Ernesto original https://torrentfreak.com/hitmans-bodyguard-pirates-get-automated-300-fine-171007/

Late August a ‘piracy disaster‘ struck the makers of The Hitman’s Bodyguard, an action comedy movie featuring Hollywood stars Samuel L. Jackson and Ryan Reynolds.

The film was leading the box office charts when, eight days after its theatrical release, a high definition copy hit various pirate sites.

While it’s hard to predict whether the leak substantially impacted the movie’s revenue, the people behind the film are determined to claim damages. They hired the services of “Rights Enforcement,” an outfit which tracks down BitTorrent pirates.

Rights Enforcement sends automated ‘fines’ via DMCA notices, which is cheaper than expensive lawsuits. At the same time, this also makes the settlement process easier to scale, as they can send out tens of thousands of ‘fines’ at once with limited resources, without any oversight from a court.

TorrentFreak has seen several notices targeted at The Hitman’s Bodyguard pirates. While the notices themselves don’t list the settlement fee, recipients are referred to a page that does. Those who admit guilt are asked to pay a $300 settlement fee.

“We have evidence that someone using your Internet service has placed a media file that contains the protected content for our client’s motion picture in a shared folder location and is enabling others to download copies of this content,” the notices warn.

Part of the DMCA notice

The text, which is forwarded by several ISPs, is cleverly worded. The account holders in question are notified that if the issue isn’t resolved, they may face a lawsuit.

“You may consider this a notice of potential lawsuit, a demand for the infringing activity to terminate, and a demand for damages from the actual infringer. We invite your voluntary cooperation in assisting us with this matter, identifying the infringer, and ensuring that this activity stops. Should the infringing activity continue we may file a civil lawsuit seeking judicial relief.”

The email points users to the settlement portal where they can review the claim and a possible solution. In this case, “resolving” the matter will set account holders back a hefty $300.



People are free to ignore the claim, of course, but Rights Enforcement warns that if the infringements continue they might eventually be sued.

“If you do not settle the claim and you continue to infringe then odds are you will eventually be sued and face substantial civil liability. So first thing is to stop the activity and make sure you are not involved with infringing activity in the future.”

The notice also kindly mentions that the recipients can contact an attorney for legal advice. However, after an hour or two a legal bill will have exceeded the proposed settlement amount, so for many this isn’t really an option.

It’s quite a clever scheme. Although most people probably won’t be sued for ignoring a notice, there’s always the possibility that they will. Especially since Rights Enforcement is linked to some of the most prolific copyright trolls.

The company, which emerged earlier this year, is operated by lawyer Carl Crowell who is known for his work with movie studios such as Voltage Pictures. In the past, he filed lawsuits for several films such as Dallas Buyers Club and The Hurt Locker.

When faced with a threat of an expensive lawsuit, even innocent subscribers may be inclined to pay the settlement. They should be warned, however, once the first payment is made, many similar requests may follow.

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.

Porn Copyright Trolls Terrify 60-Year-Old But Age Shouldn’t Matter

Post Syndicated from Andy original https://torrentfreak.com/porn-copyright-trolls-terrify-60-year-old-but-age-shouldnt-matter-171002/

Of all the anti-piracy tactics deployed over the years, the one that has proven most controversial is so-called copyright-trolling.

The idea is that rather than take content down, copyright holders make use of its online availability to watch people who are sharing that material while gathering their IP addresses.

From there it’s possible to file a lawsuit to obtain that person’s identity but these days they’re more likely to short-cut the system, by asking ISPs to forward notices with cash settlement demands attached.

When subscribers receive these demands, many feel compelled to pay. However, copyright trolls are cunning beasts, and while they initially ask for payment for a single download, they very often have several other claims up their sleeves. Once people have paid one, others come out of the woodwork.

That’s what appears to have happened to a 60-year-old Canadian woman called ‘Debra’. In an email sent via her ISP, she was contacted by local anti-piracy outfit Canipre, who accused her of downloading and sharing porn. With threats that she could be ‘fined’ up to CAD$20,000 for her alleged actions, she paid the company $257.40, despite claiming her innocence.

Of course, at this point the company knew her name and address and this week the company contacted her again, accusing her of another five illegal porn downloads alongside demands for more cash.

“I’m not sleeping,” Debra told CBC. “I have depression already and this is sending me over the edge.”

If the public weren’t so fatigued by this kind of story, people in Debra’s position might get more attention and more help, but they don’t. To be absolutely brutal, the only reason why this story is getting press is due to a few factors.

Firstly, we’re talking here about a woman accused of downloading porn. While far from impossible, it’s at least statistically less likely than if it was a man. Two, Debra is 60-years-old. That doesn’t preclude her from being Internet savvy but it does tip the odds in her favor somewhat. Thirdly, Debra suffers from depression and claims she didn’t carry out those downloads.

On the balance of probabilities, on which these cases live or die, she sounds believable. Had she been a 20-year-old man, however, few people would believe ‘him’ and this is exactly the environment companies like Canipre, Rightscorp, and similar companies bank on.

Debra says she won’t pay the additional fines but Canipre is adamant that someone in her house pirated the porn, despite her husband not being savvy enough to download. The important part here is that Debra says she did not commit an offense and with all the technology in the world, Canpire cannot prove that she did.

“How long is this going to terrorize me?” Debra says. “I’m a good Canadian citizen.”

But Debra isn’t on her own and she’s positively spritely compared to Christine McMillan, who last year at the age of 86-years-old was accused of illegally downloading zombie game Metro 2033. Again, those accusations came from Canipre and while the case eventually went quiet, you can safely bet the company backed off.

So who is to blame for situations like Debra’s and Christine’s? It’s a difficult question.

Clearly, copyright holders feel they’re within their rights to try and claw back compensation for their perceived losses but they already have a legal system available to them, if they want to use it. Instead, however, in Canada they’re abusing the so-called notice-and-notice system, which requires ISPs to forward infringement notices from copyright holders to subscribers.

The government knows there is a problem. Law professor Michael Geist previously obtained a government report, which expresses concern over the practice. Its summary is shown below.

Advice summary

While the notice-and-notice regime requires ISPs to forward educational copyright infringement notices, most ISPs complain that companies like Canipre add on cash settlement demands.

“Internet intermediaries complain…that the current legislative framework does not expressly prohibit this practice and that they feel compelled to forward on such notices to their subscribers when they receive them from copyright holders,” recent advice to the Minister of Innovation, Science and Economic Development reads.

That being said, there’s nothing stopping ISPs from passing on the educational notices as required by law but insisting that all demands for cash payments are removed. It’s a position that could even get support from the government, if enough pressure was applied.

“The sending of such notices could lead to abuses, given that consumers may be pressured into making payments even in situations where they have not engaged in any acts that violate copyright laws,” government advice notes.

Given the growing problem, it appears that ISPs have the power here so maybe it’s time they protected their customers. In the meantime, consumers have responsibilities too, not only by refraining from infringing copyright, but by becoming informed of their rights.

“[T]here is no legal obligation to pay any settlement offered by a copyright owner, and the regime does not impose any obligations on a subscriber who receives a notice, including no obligation to contact the copyright owner or the Internet intermediary,” government advice notes.

Hopefully, in future, people won’t have to be old or ill to receive sympathy for being wrongly accused and threatened in their own homes. But until then, people should pressure their ISPs to do more while staying informed.

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.

Six Strikes Piracy Scheme May Be Dead But Those Warnings Keep on Coming

Post Syndicated from Andy original https://torrentfreak.com/six-strikes-piracy-scheme-may-be-dead-but-those-warnings-keep-on-coming-171001/

After at least 15 years of Internet pirates being monitored by copyright holders, one might think that the message would’ve sunk in by now. For many, it definitely hasn’t.

Bottom line: when people use P2P networks and protocols (such as BitTorrent) to share files including movies and music, copyright holders are often right there, taking notes about what is going on, perhaps in preparation for further action.

That can take a couple of forms, including suing users or, more probably, firing off a warning notice to their Internet service providers. Those notices are a little like a speeding ticket, telling the subscriber off for sharing copyrighted material but letting them off the hook if they promise to be good in future.

In 2013, the warning notice process in the US was formalized into what was known as the Copyright Alert System, a program through which most Internet users could receive at least six piracy warning notices without having any serious action taken against them. In January 2017, without having made much visible progress, it was shut down.

In some corners of the web there are still users under the impression that since the “six strikes” scheme has been shut down, all of a sudden US Internet users can forget about receiving a warning notice. In reality, the complete opposite is true.

While it’s impossible to put figures on how many notices get sent out (ISPs are reluctant to share the data), monitoring of various piracy-focused sites and forums indicates that plenty of notices are still being sent to ISPs, who are cheerfully sending them on to subscribers.

Also, over the past couple of months, there appears to have been an uptick in subscribers seeking advice after receiving warnings. Many report basic notices but there seems to be a bit of a trend of Internet connections being suspended or otherwise interrupted, apparently as a result of an infringement notice being received.

“So, over the weekend my internet got interrupted by my ISP (internet service provider) stating that someone on my network has violated some copyright laws. I had to complete a survey and they brought back the internet to me,” one subscriber wrote a few weeks ago. He added that his (unnamed) ISP advised him that seven warnings would get his account disconnected.

Another user, who named his ISP as Comcast, reported receiving a notice after downloading a game using BitTorrent. He was warned that the alleged infringement “may result in the suspension or termination of your Service account” but what remains unclear is how many warnings people can receive before this happens.

For example, a separate report from another Comcast user stated that one night of careless torrenting led to his mother receiving 40 copyright infringement notices the next day. He didn’t state which company the notices came from but 40 is clearly a lot in such a short space of time. That being said and as far as the report went, it didn’t lead to a suspension.

Of course, it’s possible that Comcast doesn’t take action if a single company sends many notices relating to the same content in a small time frame (Rightscorp is known to do this) but the risk is still there. Verizon, it seems, can suspend accounts quite easily.

“So lately I’ve been getting more and more annoyed with pirating because I get blasted with a webpage telling me my internet is disconnected and that I need to delete the file to reconnect, with the latest one having me actually call Verizon to reconnect,” a subscriber to the service reported earlier this month.

A few days ago, a Time Warner Cable customer reported having to take action after receiving his third warning notice from the ISP.

“So I’ve gotten three notices and after the third one I just went online to my computer and TWC had this page up that told me to stop downloading illegally and I had to click an ‘acknowledge’ button at the bottom of the page to be able to continue to use my internet,” he said.

Also posting this week, another subscriber of an unnamed ISP revealed he’d been disconnected twice in the past year. His comments raise a few questions that keep on coming up in these conversations.

“The first time [I was disconnected] was about a year ago and the next was a few weeks ago. When it happened I was downloading some fairly new movies so I was wondering if they monitor these new movie releases since they are more popular. Also are they monitoring what I am doing since I have been caught?” he asked.

While there is plenty of evidence to suggest that old content is also monitored, there’s little doubt that the fresher the content, the more likely it is to be monitored by copyright holders. If people are downloading a brand new movie, they should expect it to be monitored by someone, somewhere.

The second point, about whether risk increases after being caught already, is an interesting one, for a number of reasons.

Following the BMG v Cox Communication case, there is now a big emphasis on ISPs’ responsibility towards dealing with subscribers who are alleged to be repeat infringers. Anti-piracy outfit Rightscorp was deeply involved in that case and the company has a patent for detecting repeat infringers.

It’s becoming clear that the company actively targets such people in order to assist copyright holders (which now includes the RIAA) in strategic litigation against ISPs, such as Grande Communications, who are claimed to be going soft on repeat infringers.

Overall, however, there’s no evidence that “getting caught” once increases the chances of being caught again, but subscribers should be aware that the Cox case changed the position on the ground. If anecdotal evidence is anything to go by, it now seems that ISPs are tightening the leash on suspected pirates and are more likely to suspend or disconnect them in the face of repeated complaints.

The final question asked by the subscriber who was disconnected twice is a common one among people receiving notices.

“What can I do to continue what we all love doing?” he asked.

Time and time again, on sites like Reddit and other platforms attracting sharers, the response is the same.

“Get a paid VPN. I’m amazed you kept torrenting without protection after having your internet shut off, especially when downloading recent movies,” one such response reads.

Nevertheless, this still fails to help some people fully understand the notices they receive, leaving them worried about what might happen after receiving one. However, the answer is nearly always straightforward.

If the notice says “stop sharing content X”, then recipients should do so, period. And, if the notice doesn’t mention specific legal action, then it’s almost certain that no action is underway. They are called warning notices for a reason.

Also, notice recipients should consider the part where their ISP assures them that their details haven’t been shared with third parties. That is the truth and will remain that way unless subscribers keep ignoring notices. Then there’s a slim chance that a rightsholder will step in to make a noise via a lawyer. At that point, people shouldn’t say they haven’t been warned.

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

Julia Reda MEP Likened to Nazi in Sweeping Anti-Pirate Rant

Post Syndicated from Andy original https://torrentfreak.com/julia-reda-mep-likened-to-nazi-in-sweeping-anti-pirate-rant-170926/

The debate over copyright and enforcement thereof is often polarized, with staunch supporters on one side, objectors firmly on the other, and never the twain shall meet.

As a result, there have been some heated battles over the years, with pro-copyright bodies accusing pirates of theft and pirates accusing pro-copyright bodies of monopolistic tendencies. While neither claim is particularly pleasant, they have become staples of this prolonged war of words and as such, many have become desensitized to their original impact.

This morning, however, musician and staunch pro-copyright activist David Lowery published an article which pours huge amounts of gas on the fire. The headline goes straight for the jugular, asking: Why is it Every Time We Turn Over a Pirate Rock White Nationalists, Nazi’s and Bigots Scurry Out?

Lowery’s opening gambit in his piece on The Trichordist is that one only has to scratch below the surface of the torrent and piracy world in order to find people aligned with the above-mentioned groups.

“Why is it every time we dig a little deeper into the pro-piracy and torrenting movement we find key figures associated with ‘white nationalists,’ Nazi memorabilia collectors, actual Nazis or other similar bigots? And why on earth do politicians, journalists and academics sing the praises of these people?” Lowery asks.

To prove his point, the Camper Van Beethoven musician digs up the fact that former Pirate Bay financier Carl Lündstrom had some fairly unsavory neo-fascist views. While this is not in doubt, Lowery is about 10 tens years too late if he wants to tar The Pirate Bay with the extremist brush.

“It’s called guilt by association,” Pirate Bay co-founder Peter Sunde explained in 2007.

“One of our previous ISPs [owned by Lündstrom] (with clients like The Red Cross, Save the Children foundation etc) gave us cheap bandwidth since one of the guys in TPB worked there; and one of the owners [has a reputation] for his political opinions. That does NOT make us in any way associated to what political views anyone else might or might not have.”

After dealing with TPB but failing to include the above explanation, Lowery moves on to a more recent target, Megaupload founder Kim Dotcom. Dotcom owns an extremely rare signed copy of Hitler’s autobiographical manifesto, Mein Kampf (My Struggle) and once wore a German World War II helmet. It’s a mistake Prince Harry made in 2005 too.

“I’ve bought memorabilia from Churchill, from Stalin, from Hitler,” Dotcom said in response to the historical allegations. “Let me make absolutely clear, OK. I’m not buying into the Nazi ideology. I’m totally against what the Nazis did.”

With Dotcom dealt with, Lowery then turns his attention to the German Pirate Party’s Julia Reda. As a Member of the European Parliament, Reda has made it her mission to deal with overreaching copyright law, which has made her a bit of a target. That being said, would anyone really try to shoehorn her into the “White Nationalists, Nazi’s and Bigots” bracket?

They would.

In his piece, Lowery highlights comments made by Reda last year, when she complained about the copyright situation developing around the diary written by Anne Frank, which detailed the horrors of living in occupied countries during World War II.

Anne Frank died in 1945 which means that the book was elevated into the public domain in the Netherlands on January 1, 2016, 70 years after her death. A copy was made available at Wikisource, a digital library of free texts maintained by the Wikimedia Foundation, which also operates Wikipedia.

However, in early February that same year, Anne Frank’s diary became unavailable, since U.S. copyright law dictates that works are protected for 95 years from date of publication.

“Today, in an unfortunate example of the overreach of the United States’ current copyright law, the Wikimedia Foundation removed the Dutch-language text of The Diary of a Young Girl,” said Jacob Rogers, Legal Counsel for the Wikimedia Foundation

“We took this action to comply with the United States’ Digital Millennium Copyright Act (DMCA), as we believe the diary is still under US copyright protection under the law as it is currently written,” he added.

Lowery ignores this background in its entirety. He actually ignores all of it in an effort to paint a picture of Reda engaging in some far-right agenda. Lowery even places emphasis on Reda’s nationality to force his point home.

“I don’t really know what to make of her except to say that this German politician really should find something other than the Anne Frank Diary and the Anne Frank Foundation to use as an example of a work that should be freely available in the public domain,” he writes.

“Think of all the copyrighted works out there for which she might reasonably argue a claim of public domain. She decided to pick the Anne Frank diary. Hmm.”

Lowery then accuses Reda of urging people on Twitter to pirate the book, in order to hurt the fight against anti-Semitism and somehow deprive Jewish people of an income.

“After all sales of the book are used by the Anne Frank Foundation to fight anti-semitism. It’s really quite a bad look for any MP, German or not. (Even if it is just the make-believe LARPing RPG EU Parliament),” Lowery writes.

“Or maybe that is the point? Defund the Anne Frank Foundation. Cause you know I read in the twittersphere that copyright producing media conglomerates are controlled by you-know-who.”

At this point, Lowery moves on to Fight For the Future, stating that their lack of racial diversity caused them to stumble into a racially charged copyright dispute involving the famous Martin Luther King speech.

The whole article can be read here but hopefully, most readers will recognize that America needs less division right now, not more hatred.

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

Canadian ISP Bell Calls For Pirate Site Blacklist in NAFTA Hearing

Post Syndicated from Ernesto original https://torrentfreak.com/canadian-isp-bell-calls-for-nationwide-pirate-site-blacklist-170925/

Website blocking has become a common tool for copyright holders to target online piracy.

In most countries, these blockades are ordered by local courts, which compel Internet providers to restrict access to certain websites.

While most ISPs initially object to such restrictions, the largest Canadian telco Bell is actively calling for such measures. In a hearing before the Standing Committee on International Trade on NAFTA, the company is clear on how online piracy should be curbed.

Rob Malcolmson, Bell’s Senior Vice-President Regulatory Affairs, mentioned that the United States has repeatedly complained about Canada’s apparent lack of copyright enforcement. To make NAFTA “work better” for Canadian culture in the digital economy, stronger enforcement is crucial.

“US interests have long complained that widespread online copyright infringement here in Canada is limiting the growth of the digital economy. In fact, many of the most prominent global players in the piracy ecosystem operate out of Canada as a relative safe harbor,” Malcolmson said.

“We recommend that the Government commits to stronger intellectual property enforcement by having an administrative agency dedicated to such enforcement and by prioritizing enforcement against digital pirates.”

In Bell’s view, all Canadian Internet providers should be required to block access to the most egregious pirate sites, without intervention from the courts.

“We would like to see measures put in place whereby all Internet service providers are required to block consumer access to pirated websites. In our view, that is the only way to stop it,” Malcolmson said.

The telco, which is a copyright holder itself, has clearly thought the plan through. It notes that Internet providers shouldn’t be tasked with determining which sites should be blocked. This should be the job of an independent outfit. Alternatively, the Canadian telco regulator CTRC could oversee the blocking scheme.

“In our view, it would be an independent agency that would be charged with that task. You certainly would not want the ISPs acting as censors as to what content is pirate content,” Malcolmson said.

“But, surely, an independent third party agency could be formed, could create a blacklist of pirate sites, and then the ISPs would be required to block it. That is at a high level how we would see it unfolding, perhaps overseen by a regulator like the CRTC.”

In addition to website blocking, Bell also recommends criminalizing commercial copyright infringement, which would support stronger enforcement against online piracy.

Canadian law professor Micheal Geist, who picked up Bell’s controversial comments, is very critical of the recommendations. Geist says that the proposal goes above and beyond what US copyright holders have asked for.

“The Bell proposals […] suggest that the company’s position as a common carrier representing the concerns of ISPs and their subscribers is long over,” Geist writes.

“Instead, Bell’s copyright advocacy goes beyond what even some U.S. rights holders have called for, envisioning new methods of using copyright law to police the Internet with oversight from the CRTC and implementing such provisions through NAFTA.”

If the Canadian Government considers the suggestions, there is bound to be pushback from other ISPs on the blocking elements. Internet providers are generally not eager to block content without a court order.

It is also worth keeping in mind that while Bell’s plans are in part a response to criticism from US interests, American ISPs are still not required to block any pirate sites, voluntarily or not.

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

Belgium Wants to Blacklist Pirate Sites & Hijack Their Traffic

Post Syndicated from Andy original https://torrentfreak.com/belgium-wants-to-blacklist-pirate-sites-hijack-their-traffic-170924/

The thorny issue of how to deal with the online piracy phenomenon used to be focused on punishing site users. Over time, enforcement action progressed to the services themselves, until they became both too resilient and prevalent to tackle effectively.

In Europe in particular, there’s now a trend of isolating torrent, streaming, and hosting platforms from their users. This is mainly achieved by website blocking carried out by local ISPs following an appropriate court order.

While the UK is perhaps best known for this kind of action, Belgium was one of the early pioneers of the practice.

After filing a lawsuit in 2010, the Belgian Anti-Piracy Foundation (BAF) weathered an early defeat at the Antwerp Commercial Court to achieve success at the Court of Appeal. Since then, local ISPs have been forced to block The Pirate Bay.

Since then there have been several efforts (1,2) to block more sites but rightsholders have complained that the process is too costly, lengthy, and cumbersome. Now the government is stepping in to do something about it.

Local media reports that Deputy Prime Minister Kris Peeters has drafted new proposals to tackle online piracy. In his role as Minister of Economy and Employment, Peeters sees authorities urgently tackling pirate sites with a range of new measures.

For starters, he wants to create a new department, formed within the FPS Economy, to oversee the fight against online infringement. The department would be tasked with detecting pirate sites more quickly and rendering them inaccessible in Belgium, along with any associated mirror sites or proxies.

Peeters wants the new department to add all blocked sites to a national ‘pirate blacklist. Interestingly, when Internet users try to access any of these sites, he wants them to be automatically diverted to legal sites where a fee will have to be paid for content.

While it’s not unusual to try and direct users away from pirate sites, for the most part Internet service providers have been somewhat reluctant to divert subscribers to commercial sites. Their assistance would be needed in this respect, so it will be interesting to see how negotiations pan out.

The Belgian Entertainment Association (BEA), which was formed nine years ago to represent the music, video, software and videogame industries, welcomed Peeters’ plans.

“It’s so important to close the doors to illegal download sites and to actively lead people to legal alternatives,” said chairman Olivier Maeterlinck.

“Surfers should not forget that the motives of illegal download sites are not always obvious. These sites also regularly try to exploit personal data.”

The current narrative that pirate sites are evil places is clearly gaining momentum among anti-piracy bodies, but there’s little sign that the public intends to boycott sites as a result. With that in mind, alternative legal action will still be required.

With that in mind, Peeters wants to streamline the system so that all piracy cases go through a single court, the Commercial Court of Brussels. This should reduce costs versus the existing model and there’s also the potential for more consistent rulings.

“It’s a good idea to have a clearer legal framework on this,” says Maeterlinck from BEA.

“There are plenty of legal platforms, streaming services like Spotify, for example, which are constantly developing and reaching an ever-increasing audience. Those businesses have a business model that ensure that the creators of certain media content are properly compensated. The rotten apples must be tackled, and those procedures should be less time-consuming.”

There’s little doubt that BEA could benefit from a little government assistance. Back in February, the group filed a lawsuit at the French commercial court in Brussels, asking ISPs to block subscriber access to several ‘pirate’ sites.

“Our action aims to block nine of the most popular streaming sites which offer copyright-protected content on a massive scale and without authorization,” Maeterlinck told TF at the time.

“In accordance with the principles established by the CJEU (UPC Telekabel and GS Media), BEA seeks a court order confirming the infringement and imposing site blocking measures on the ISPs, who are content providers as well.”

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

Russia’s Largest Torrent Site Celebrates 13 Years Online in a Chinese Restaurant

Post Syndicated from Andy original https://torrentfreak.com/russias-largest-torrent-site-celebrates-13-years-online-in-a-chinese-restaurant-170923/

For most torrent fans around the world, The Pirate Bay is the big symbol of international defiance. Over the years the site has fought, avoided, and snubbed its nose at dozens of battles, yet still remains online today.

But there is another site, located somewhere in the east, that has been online for nearly as long, has millions more registered members, and has proven just as defiant.

RuTracker, for those who haven’t yet found it, is a Russian-focused treasure trove of both local and international content. For many years the site was frequented only by native speakers but with the wonders of tools like Google Translate, anyone can use the site at the flick of the switch. When people are struggling to find content, it’s likely that RuTracker has it.

This position has attracted the negative attention of a wide range of copyright holders and thanks to legislation introduced during 2013, the site is now subject to complete blocking in Russia. In fact, RuTracker has proven so stubborn to copyright holder demands, it is now permanently blocked in the region by all ISPs.

Surprisingly, especially given the enthusiasm for blockades among copyright holders, this doesn’t seem to have dampened demand for the site’s services. According to SimiliarWeb, against all the odds the site is still pulling in around 90 million visitors per month. But the impressive stats don’t stop there.

Impressive stats for a permanently blocked site

This week, RuTracker celebrates its 13th birthday, a relative lifetime for a site that has been front and center of Russia’s most significant copyright battles, trouble which doesn’t look like stopping anytime soon.

Back in 2010, for example, RU-Center, Russia’s largest domain name registrar and web-hosting provider, pulled the plug on the site’s former Torrents.ru domain. The Director of Public Relations at RU-Center said that the domain had been blocked on the orders of the Investigative Division of the regional prosecutor’s office in Moscow. The site never got its domain back but carried on regardless, despite the setbacks.

Back then the site had around 4,000,000 members but now, seven years on, its ranks have swelled to a reported 15,382,907. According to figures published by the site this week, 778,317 of those members signed up this year during a period the site was supposed to be completely inaccessible. Needless to say, its operators remain defiant.

“Today we celebrate the 13th anniversary of our tracker, which is the largest Russian (and not only) -language media library on this planet. A tracker strangely banished in the country where most of its audience is located – in Russia,” a site announcement reads.

“But, despite the prohibitions, with all these legislative obstacles, with all these technical difficulties, we see that our tracker still exists and is successfully developing. And we still believe that the library should be open and free for all, and not be subject to censorship or a victim of legislative and executive power lobbied by the monopolists of the media industry.”

It’s interesting to note the tone of the RuTracker announcement. On any other day it could’ve been written by the crew of The Pirate Bay who, in their prime, loved to stick a finger or two up to the copyright lobby and then rub their noses in it. For the team at RuTracker, that still appears to be one of the main goals.

Like The Pirate Bay but unlike many of the basic torrent indexers that have sprung up in recent years, RuTracker relies on users to upload its content. They certainly haven’t been sitting back. RuTracker reveals that during the past year and despite all the problems, users uploaded a total of 171,819 torrents – on average, 470 torrents per day.

Interestingly, the content most uploaded to the site also points to the growing internationalization of RuTracker. During the past year, the NBA / NCAA section proved most popular, closely followed by non-Russian rock music and NHL games. Non-Russian movies accounted for almost 2,000 fresh torrents in just 12 months.

“It is thanks to you this tracker lives!” the site’s operators informed the users.

“It is thanks to you that it was, is, and, for sure, will continue to offer the most comprehensive, diverse and, most importantly, quality content in the Russian Internet. You stayed with us when the tracker lost its original name: torrents.ru. You stayed with us when access to a new name was blocked in Russia: rutracker.org. You stayed with us when [the site’s trackers] were blocked. We will stay with you as long as you need us!”

So as RuTracker plans for another year online, all that remains is to celebrate its 13th birthday in style. That will be achieved tonight when every adult member of RuTracker is invited to enjoy Chinese meal at the Tian Jin Chinese Restaurant in St. Petersburg.

Turn up early, seating is limited.

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

Block The Pirate Bay Within 10 Days, Dutch Court Tells ISPs

Post Syndicated from Andy original https://torrentfreak.com/block-the-pirate-bay-within-10-days-dutch-court-tells-isps-170922/

Three years ago in 2014, The Court of The Hague handed down its 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, which brought the case, the Court decided that a blockade would be ineffective and also restrict the ISPs’ entrepreneurial freedoms.

The Pirate Bay was unblocked while BREIN took its case to the Supreme Court, which in turn referred the matter to the EU Court of Justice for clarification. This June, the ECJ ruled that as a platform effectively communicating copyright works to the public, The Pirate Bay can indeed be blocked.

The ruling meant there were no major obstacles preventing the Dutch Supreme Court from ordering a future ISP blockade. Clearly, however, BREIN wanted a blocking decision more quickly. A decision handed down today means the anti-piracy group will achieve that in just a few days’ time.

The Hague Court of Appeal today ruled (Dutch) that the 2014 decision, which lifted the blockade against The Pirate Bay, is now largely obsolete.

“According to the Court of Appeal, the Hague Court did not give sufficient weight to the interests of the beneficiaries represented by BREIN,” BREIN said in a statement.

“The Court also wrongly looked at whether torrent traffic had been reduced by the blockade. It should have also considered whether visits to the website of The Pirate Bay itself decreased with a blockade, which speaks for itself.”

As a result, an IP address and DNS blockade of The Pirate Bay, similar to those already in place in the UK and other EU countries, will soon be put in place. BREIN says that four IP addresses will be affected along with hundreds of domain names through which the torrent platform can be reached.

The ISPs have been given just 10 days to put the blocks in place and if they fail there are fines of 2,000 euros per day, up to a maximum of one million euros.

“It is nice that obviously harmful and illegal sites like The Pirate Bay will be blocked again in the Netherlands,” says BREIN chief Tim Kuik.

“A very bad time for our culture, which was free to access via these sites, is now happily behind us.”

Today’s interim decision by the Court of Appeal will stand until the Supreme Court hands down its decision in the main case between BREIN and Ziggo / XS4ALL.

Looking forward, it seems extremely unlikely that the Supreme Court will hand down a conflicting decision, so we’re probably already looking at the beginning of the end for direct accessibility of The Pirate Bay in the Netherlands.

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

Ukraine Faces Call for US Trade Sanctions over Online Piracy

Post Syndicated from Ernesto original https://torrentfreak.com/ukraine-faces-call-us-trade-sanctions-over-online-piracy-170918/

The International Intellectual Property Alliance (IIPA) is recommending that the U.S. Government should suspend Ukraine’s GSP trade benefits, claiming that the country doesn’t do enough to protect the interests of copyright holders.

Last year Ukraine enjoyed $53.7 million in unilateral duty-free benefits in the US, while US companies suffering millions of dollars in losses in Ukraine due to online piracy, they argue.

The IIPA, which includes a wide range of copyright groups including the MPAA, RIAA, BSA and ESA, characterizes the country as a safe harbor for pirate sites. While physical piracy was properly addressed ten years ago after a previous sanction, digital piracy remains rampant.

One of the main problems is that local hosting companies are offering their services to a wide variety of copyright-infringing websites. Without proper enforcement, more and more websites have moved their services there.

“By allowing these problems to fester for years, weak digital enforcement has resulted in an exponential increase in the number of illegal peer-to-peer (‘P2P’) hosting and website-based Internet piracy sites, including some of the world’s largest BitTorrent sites located in Ukraine,” IIPA writes.

“Some Internet pirates have purposefully moved their servers and operations to Ukraine in the past few years to take advantage of the current lawless situation. Many of these illegal services and sites target audiences throughout Europe and the United States.”

The copyright holders highlight the defunct ExtraTorrent site as an example but note that there are also many other torrent sites, pirate streaming sites, cyberlockers, and linking sites in Ukraine.

While pirate sites are hosted all over the world, the problem is particularly persistent in Ukraine because many local hosting companies fail to process takedown requests. This, despite repeated calls from copyright holders to work with them.

“Many of the websites offering pirated copyright materials are thriving in part because of the support of local ISPs,” IIPA writes.

“The copyright industries have, for years, sought private agreements with ISPs to establish effective mechanisms to take down illegal websites and slow illegal P2P traffic. In the absence of legislation, however, these voluntary efforts have generally not succeeded, although, some ISPs will delete links upon request.”

In order to make real progress, the copyright holders call for new legislation to hold Internet services accountable and to make it easier to come after pirate sites that are hosted in Ukraine.

“Legislation is needed to institute proper notice and takedown provisions, including a requirement that service providers terminate access to individuals (or entities) that have repeatedly engaged in infringement, and the retention of information for law enforcement, as well as to provide clear third party liability regarding ISPs.”

In addition to addressing online piracy, IIPA further points out that the collecting societies in Ukraine are not functioning properly. At the moment there are 18 active and competing organizations, creating a chaotic situation where rightsholders are not properly rewarded, they suggest.

IIPA recommends that the U.S. Government accepts its petition and suspends or withdraws Ukraine’s benefits until the country takes proper action.

Ukraine’s Government, for its part, informs the US Government that progress is being made. There are already several new laws in the works to improve intellectual property protection. The issue is one of the Government’s “key priorities,” they state, hoping to avert any sanctions.

IIPA’s full submission to the US Trade Representative is available here (pdf).

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

Australian Government Want ISPs to Adopt Anti-Piracy Code

Post Syndicated from Ernesto original https://torrentfreak.com/australian-government-want-isps-to-adopt-anti-piracy-code-170915/

Australia has been struggling to find an adequate response to online piracy for several years, but progress has been slow.

While pirate site blockades are in effect now, an earlier plan to implement a three-strikes anti-piracy regime failed.

Despite this setback, Australian legislators are still determined to tackle widespread copyright infringement. The most recent effort comes through an overhaul of the country’s copyright regulations, with a new proposal (pdf) to adopt a voluntary anti-piracy code.

The code would apply to carriage service providers, including Internet providers, to agree on a joint anti-piracy strategy. The voluntary code should be supported by “broad consensus” and include technical measures that are “used to protect and identify copyright material.”

The proposal further stresses that the anti-piracy measures should be “non-discriminatory.” They also shouldn’t impose “substantial costs” on the service providers or “substantial burdens on their systems or networks.”

The code proposal

The description of the code is quite broad can include a wide variety of measures, including a new iteration of the “strikes” scheme where copyright holders report copyright infringements. A website blocking agreement, which avoids costly court procedures, also belongs to the options.

An accompanying consultation paper published by the Government stresses that any monitoring measures to track infringements should not interfere with the technology used at the originating sites, ZDNet notes.

While the Government pushes copyright holders and ISPs to come to a voluntary agreement, the failed “three strikes” negotiations suggest that this will be easier said than done.

At the time, the Australasian Music Publishers Association (AMPAL) noted that merely warning users did not go far enough. Instead, they recommended a system where ISPs themselves would implement monitoring and filtering technology to stop piracy.

It appears, however, that extensive monitoring and filtering on the ISPs’ networks goes beyond the scope of the proposed regulations. After all, that would be quite costly and place a significant burden on the ISPs.

The proposed regulations are not limited to the anti-piracy code but also specify how Internet providers should process takedown notices, among other things.

Before any changes are implemented or negotiations begin, the Government is first inviting various stakeholders to share their views. While it doesn’t intend to change the main outline, the Government welcomes suggestions to simplify the current proposal where possible.

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

Indian Movie Actor Mobbed By Press After Arrest of Torrent Site Admin

Post Syndicated from Andy original https://torrentfreak.com/indian-movie-actor-mobbed-by-press-after-airport-torrent-site-arrest-170913/

While most of the headlines relating to Internet piracy are focused on North America and Europe, there are dozens of countries where piracy is a way of life for millions of citizens. India, with its booming economy and growth in technology, is certainly one of them.

According to a recently published report, India now has 355 million Internet users out of a population of more than 1.3 billion. Not only is there massive room for growth, that figure is up from 277 million just two years ago. The rate of growth is astonishing.

Needless to say, Indians love their Internet and increasing numbers of citizens are also getting involved in the piracy game. There are many large sites and prominent release groups operating out of the country, some of them targeting the international market. Carry out a search for DVDSCR (DVD screener) on most search indexes globally and one is just as likely to find Indian movie releases as those emanating from the West.

If people didn’t know it already, India is nurturing a pirate force to be reckoned with, with local torrent and streaming sites pumping out the latest movies at an alarming rate. This has caused an outcry from many in the movie industry who are determined to do something to stem the tide.

One of these is actor Vishal Krishna, who not only stars in movies but is also a producer working in the Tamil film industry. Often referred to simply by his first name, Vishal has spoken out regularly against piracy in his role at the Tamil Film Producers Council.

In May, he referred to the operators of the hugely popular torrent site TamilRockers as ‘Internet Mafias’ while demanding their arrest for leaking the blockbuster Baahubali 2, a movie that pulled in US$120 million in six days. Now, it appears, he may have gotten his way. Well, partially, at least.

Last evening, reports began to surface of an arrest at Chennai airport in north east India. According to local media, Gauri Shankar, an alleged administrator of Tamilrockers.co, was detained by Triplicane police.

This would’ve been a huge coup for Vishal, who has been warning Tamilrockers to close down for the past three years. He even claimed to know the identity of the main perpetrator behind the site, noting that it was only a matter of time before he was brought to justice.

Soon after the initial reports, however, other media outlets claimed that Gauri Shankar is actually an operator at Tamilgun, another popular pirate portal currently blocked by ISPs on the orders of the Indian government.

So was it rockers or gun? According to Indiaglitz.com, Vishal rushed to the scene in Chennai to find out.

Outside the police station

What followed were quite extraordinary scenes outside the Triplicane police station. Emerging from the building flanked by close to 20 men, some in uniform, Vishal addressed an excited crowd of reporters. A swathe of microphones from various news outlets greeted him as he held up his hands urging the crowd to calm down.

“Just give us some time, I will give you the details,” Vishal said in two languages.

“Just give us some time. It is too early. I’ll just give it to you in a bit. It’s something connected to website piracy. Just give me some time. I have to give you all the details, proper details.”

So, even after all the excitement, it’s unclear who the police have in custody. Nevertheless, the attention this event is getting from the press is on a level rarely seen in a piracy case, so more news is bound to follow soon.

In the meantime, both TamilRockers and TamilGun remain online, operating as normal. Clearly, there is much more work to be done.

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

Russia Blocks 4,000 Pirate Sites Plus 41,000 Innocent as Collateral Damage

Post Syndicated from Andy original https://torrentfreak.com/russia-blocks-4000-pirate-sites-plus-41000-innocent-as-collateral-damage-170905/

After years of criticism from both international and local rightsholders, in 2013 the Russian government decided to get tough on Internet piracy.

Under new legislation, sites engaged in Internet piracy could find themselves blocked by ISPs, rendering them inaccessible to local citizens and solving the piracy problem. Well, that was the theory, at least.

More than four years on, Russia is still grappling with a huge piracy problem that refuses to go away. It has been blocking thousands of sites at a steady rate, including RuTracker, the country’s largest torrent platform, but still the problem persists.

Now, a new report produced by Roskomsvoboda, the Center for the Protection of Digital Rights, and the Pirate Party of Russia, reveals a system that has not only failed to reach its stated aims but is also having a negative effect on the broader Internet.

“It’s already been four years since the creation of this ‘anti-piracy machine’ in Russia. The first amendments related to the fight against ‘piracy’ in the network came into force on August 1, 2013, and since then this mechanism has been twice revised,” Roskomsvoboda said in a statement.

“[These include] the emergence of additional responsibilities to restrict access to network resources and increase the number of subjects who are responsible for removing and blocking content. Since that time, several ‘purely Russian’ trends in ‘anti-piracy’ and trade in rights have also emerged.”

These revisions, which include the permanent blocking of persistently infringing sites and the planned blocking of mirror sites and anonymizers, have been widely documented. However, the researchers say that they want to shine a light on the effects of blocking procedures and subsequent actions that are causing significant issues for third-parties.

As part of the study, the authors collected data on the cases presented to the Moscow City Court by the most active plaintiffs in anti-piracy actions (mainly TV show distributors and music outfits including Sony Music Entertainment and Universal Music). They describe the court process and system overall as lacking.

“The court does not conduct a ‘triple test’ and ignores the position, rights and interests of respondents and third parties. It does not check the availability of illegal information on sites and appeals against decisions of the Moscow City Court do not bring any results,” the researchers write.

“Furthermore, the cancellation of the unlimited blocking of a site is simply impossible and in respect of hosting providers and security services, those web services are charged with all the legal costs of the case.”

The main reason behind this situation is that ‘pirate’ site operators rarely (if ever) turn up to defend themselves. If at some point they are found liable for infringement under the Criminal Code, they can be liable for up to six years in prison, hardly an incentive to enter into a copyright process voluntarily. As a result, hosts and other providers act as respondents.

This means that these third-party companies appear as defendants in the majority of cases, a position they find both “unfair and illogical.” They’re also said to be confused about how they are supposed to fulfill the blocking demands placed upon them by the Court.

“About 90% of court cases take place without the involvement of the site owner, since the requirements are imposed on the hosting provider, who is not responsible for the content of the site,” the report says.

Nevertheless, hosts and other providers have been ordered to block huge numbers of pirate sites.

According to the researchers, the total has now gone beyond 4,000 domains, but the knock on effect is much more expansive. Due to the legal requirement to block sites by both IP address and other means, third-party sites with shared IP addresses get caught up as collateral damage. The report states that more than 41,000 innocent sites have been blocked as the result of supposedly targeted court orders.

But with collateral damage mounting, the main issue as far as copyright holders are concerned is whether piracy is decreasing as a result. The report draws few conclusions on that front but notes that blocks are a blunt instrument. While they may succeed in stopping some people from accessing ‘pirate’ domains, the underlying infringement carries on regardless.

“Blocks create restrictions only for Internet users who are denied access to sites, but do not lead to the removal of illegal information or prevent intellectual property violations,” the researchers add.

With no sign of the system being overhauled to tackle the issues raised in the study (pdf, Russian), Russia is now set to introduce yet new anti-piracy measures.

As recently reported, new laws requiring search engines to remove listings for ‘pirate’ mirror sites comes into effect October 1. Exactly a month later on November 1, VPNs and anonymization tools will have to be removed too, if they fail to meet the standards required under state regulation.

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.