Tag Archives: ISPs

How Many Piracy Warnings Would Get You to Stop?

Post Syndicated from Andy original https://torrentfreak.com/how-many-piracy-warnings-would-get-you-to-stop-180422/

For the past several years, copyright holders in the US and Europe have been trying to reach out to file-sharers in an effort to change their habits.

Whether via high-profile publicity lawsuits or a simple email, it’s hoped that by letting people know they aren’t anonymous, they’ll stop pirating and buy more content instead.

Traditionally, most ISPs haven’t been that keen on passing infringement notices on. However, the BMG v Cox lawsuit seems to have made a big difference, with a growing number of ISPs now visibly warning their users that they operate a repeat infringer policy.

But perhaps the big question is how seriously users take these warnings because – let’s face it – that’s the entire point of their existence.

There can be little doubt that a few recipients will be scurrying away at the slightest hint of trouble, intimidated by the mere suggestion that they’re being watched.

Indeed, a father in the UK – who received a warning last year as part of the Get it Right From a Genuine Site campaign – confidently and forcefully assured TF that there would be no more illegal file-sharing taking place on his ten-year-old son’s computer again – ever.

In France, where the HADOPI anti-piracy scheme received much publicity, people receiving an initial notice are most unlikely to receive additional ones in future. A December 2017 report indicated that of nine million first warning notices sent to alleged pirates since 2012, ‘just’ 800,000 received a follow-up warning on top.

The suggestion is that people either stop their piracy after getting a notice or two, or choose to “go dark” instead, using streaming sites for example or perhaps torrenting behind a decent VPN.

But for some people, the message simply doesn’t sink in early on.

A post on Reddit this week by a TWC Spectrum customer revealed that despite a wealth of readily available information (including masses in the specialist subreddit where the post was made), even several warnings fail to have an effect.

“Was just hit with my 5th copyright violation. They halted my internet and all,” the self-confessed pirate wrote.

There are at least three important things to note from this opening sentence.

Firstly, the first four warnings did nothing to change the user’s piracy habits. Secondly, Spectrum presumably had enough at five warnings and kicked in a repeat-infringer suspension, presumably to avoid the same fate as Cox in the BMG case. Third, the account suspension seems to have changed the game.

Notably, rather than some huge blockbuster movie, that fifth warning came due to something rather less prominent.

“Thought I could sneak in a random episode of Rosanne. The new one that aired LOL. That fast. Under 24 hours I got shut off. Which makes me feel like [ISPs] do monitor your traffic and its not just the people sending them notices,” the post read.

Again, some interesting points here.

Any content can be monitored by rightsholders but if it’s popular in the US then a warning delivered via an ISP seems to be more likely than elsewhere. However, the misconception that the monitoring is done by ISPs persists, despite that not being the case.

ISPs do not monitor users’ file-sharing activity, anti-piracy companies do. They can grab an IP address the second someone enters a torrent swarm, or even connects to a tracker. It happens in an instant, at a time of their choosing. Quickly jumping in and out of a torrent is no guarantee and the fallacy of not getting caught due to a failure to seed is just that – a fallacy.

But perhaps the most important thing is that after five warnings and a disconnection, the Reddit user decided to take action. Sadly for the people behind Rosanne, it’s not exactly the reaction they’d have hoped for.

“I do not want to push it but I am curious to what happens 6th time, and if I would even be safe behind a VPN,” he wrote.

“Just want to learn how to use a VPN and Sonarr and have a guilt free stress free torrent watching.”

Of course, there was no shortage of advice.

“If you have gotten 5 notices, you really should of learnt [sic] how to use a VPN before now,” one poster noted, perhaps inevitably.

But curiously, or perhaps obviously given the number of previous warnings, the fifth warning didn’t come as a surprise to the user.

“I knew they were going to hit me for it. I just didn’t think a 195mb file would do it. They were getting me for Disney movies in the past,” he added.

So how do you grab the attention of a persistent infringer like this? Five warnings and a suspension apparently. But clearly, not even that is a guarantee of success. Perhaps this is why most ‘strike’ schemes tend to give up on people who can’t be rehabilitated.

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

Russia Blacklists 250 Pirate Sites For Displaying Gambling Ads

Post Syndicated from Andy original https://torrentfreak.com/russia-blacklists-250-pirate-sites-for-displaying-gambling-ads-180421/

Blocking alleged pirate sites is usually a question of proving that they’re involved in infringement and then applying to the courts for an injunction.

In Europe, the process is becoming easier, largely thanks to an EU ruling that permits blocking on copyright grounds.

As reported over the past several years, Russia is taking its blocking processes very seriously. Copyright holders can now have sites blocked in just a few days, if they can show their operators as being unresponsive to takedown demands.

This week, however, Russian authorities have again shown that copyright infringement doesn’t have to be the only Achilles’ heel of pirate sites.

Back in 2006, online gambling was completely banned in Russia. Three years later in 2009, land-based gambling was also made illegal in all but four specified regions. Then, in 2012, the Russian Supreme Court ruled that ISPs must block access to gambling sites, something they had previously refused to do.

That same year, telecoms watchdog Rozcomnadzor began publishing a list of banned domains and within those appeared some of the biggest names in gambling. Many shut down access to customers located in Russia but others did not. In response, Rozcomnadzor also began targeting sites that simply offered information on gambling.

Fast forward more than six years and Russia is still taking a hard line against gambling operators. However, it now finds itself in a position where the existence of gambling material can also assist the state in its quest to take down pirate sites.

Following a complaint from the Federal Tax Service of Russia, Rozcomnadzor has again added a large number of ‘pirate’ sites to the country’s official blocklist after they advertised gambling-related products and services.

“Rozkomnadzor, at the request of the Federal Tax Service of Russia, added more than 250 pirate online cinemas and torrent trackers to the unified register of banned information, which hosted illegal advertising of online casinos and bookmakers,” the telecoms watchdog reported.

Almost immediately, 200 of the sites were blocked by local ISPs since they failed to remove the advertising when told to do so. For the remaining 50 sites, breathing space is still available. Their bans can be suspended if the offending ads are removed within a timeframe specified by the authorities, which has not yet run out.

“Information on a significant number of pirate resources with illegal advertising was received by Rozcomnadzor from citizens and organizations through a hotline that operates on the site of the Unified Register of Prohibited Information, all of which were sent to the Federal Tax Service for making decisions on restricting access,” the watchdog revealed.

Links between pirate sites and gambling companies have traditionally been close over the years, with advertising for many top-tier brands appearing on portals large and small. However, in recent times the prevalence of gambling ads has diminished, in part due to campaigns conducted in the United States, Europe, and the UK.

For pirate site operators in Russia, the decision to carry gambling ads now comes with the added risk of being blocked. Only time will tell whether any reduction in traffic is considered serious enough to warrant a gambling boycott of their own.

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

Pirate Party Urges Swedish Govt to Stop ‘Copyright Troll’ Invasion

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-party-urges-swedish-govt-to-stop-copyright-troll-invasion-180418/

In recent years, millions of file-sharers around the world have been ordered to pay significant settlement fees, or face legal repercussions.

These so-called “copyright trolling” efforts have been a common occurrence in several countries, with Sweden one of the latest hunting grounds.

Over the past months, tens of thousands of Swedes have been targeted in this manner.

The copyright holders go to court, armed with a list of IP-addresses, and when permission is granted they ask the associated ISPs for the account details of individual subscribers.

These suspected pirates then get a settlement demand in their mailbox, urging them to pay the equivalent of a few hundred dollars, or have their day in court.

As in many other countries, these practices are not without controversy. Several experts have spoken out against them, and ISPs have raised objections too. However, according to Swedish law, the rightsholders have the right to pursue these cases.

Despite its name, the Swedish Pirate Party has been relatively silent on the issue. However, that changed this week, as the party now calls on Justice Minister Morgan Johansson to take action.

The Pirate Party describes the copyright trolling efforts as extortion. It stresses that the evidence copyright holders rely on is far from solid, something they believe the courts should take into account.

“It is a scandal that the Swedish judicial system facilitates the mafia-like methods of copyright trolls,” says Pirate Party leader Magnus Andersson.

“To condone the sending of extortion letters without reasonable ground for suspicion of criminal activity is not acceptable. We demand the Justice Minister to do something about the situation with these copyright trolls!”

The Pirate Party sees plenty of opportunities to intervene. The Government could, for example, change how the IPRED directive is interpreted and demand higher scrutiny of the provided evidence.

Another option would be to work at the EU level to repeal the IPRED-directive in its entirety.

Besides calling on the Justice Minister to take action, the Pirate Party is also backing the anti-copyright troll initiative of Internet provider Bahnhof. Through this campaign, members of the public can voice their concerns to the Swedish Government.

Through these and other efforts, the Pirate Party hopes that something will be done to protect the public from the ‘trolling’ practices.

“We cannot accept a situation where private companies use the judicial system as a weapon of fear to extort innocent people,” Andersson tells TorrentFreak.

“This creates contempt for the judiciary and supports the view that the courts only exist to serve the state’s and the big companies’ interests,” he adds.

Thus far the copyright holders have shown no sign of backing down. They refute the “trolling” characterizations and counter that they are merely enforcing their rights. And with the courts on their side, they have little to worry about for now.

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

Telegram Founder Pledges Millions in Bitcoin For VPNs and “Digital Resistance”

Post Syndicated from Andy original https://torrentfreak.com/telegram-founder-pledges-millions-in-bitcoin-for-vpns-and-digital-resistance-180418/

Starting yesterday, Russia went to war with free cross-platform messaging app Telegram. Authorities including the FSB wanted access to Telegram’s encryption keys, but the service refused to hand them over.

As a result, the service – which serviced 200,000,000 people in March alone – came under massive attack. Supported by a court ruling obtained last Friday, authorities ordered ISPs to block huge numbers of IP addresses in an effort to shut Telegram down.

Amazon and Google, whose services Telegram uses, were both hit with censorship measures, with around 1.8 million IP addresses belonging to the Internet giants blocked in an initial wave of action. But the government was just getting warmed up.

In an updated posted by Pavel Durov to Twitter from Switzerland late last night, the Telegram founder confirmed that Russia had massively stepped up the fight against his encrypted messaging platform.

Of course, 15 million IP addresses is a huge volume, particularly since ‘just’ 14 million of Telegram’s users are located in Russia – that’s more than one IP address for each of them. As a result, there are reports of completed unrelated services being affected by the ban, which is to be expected given its widespread nature. But Russia doesn’t want to stop there.

According to Reuters, local telecoms watchdog Rozcomnadzor asked both Google and Apple [Update: and APKMirror] to remove Telegram from their app stores, to prevent local citizens from gaining access to the software itself. It is unclear whether either company intends to comply but as yet, neither has responded publicly nor taken any noticeable action.

An announcement from Durov last night thanked the companies for not complying with the Russian government’s demands, noting that the efforts so far had proven mostly futile.

“Despite the ban, we haven’t seen a significant drop in user engagement so far, since Russians tend to bypass the ban with VPNs and proxies. We also have been relying on third-party cloud services to remain partly available for our users there,” Durov wrote on Telegram.

“Thank you for your support and loyalty, Russian users of Telegram. Thank you, Apple, Google, Amazon, Microsoft – for not taking part in political censorship.”

Durov noted that Russia accounts for around 7% of Telegram’s userbase, a figure that could be compensated for with organic growth in just a couple of months, even if Telegram lost access to the entire market. However, the action only appears to have lit a fire under the serial entrepreneur, who now has declared a war of his own against censorship.

“To support internet freedoms in Russia and elsewhere I started giving out bitcoin grants to individuals and companies who run socks5 proxies and VPN,” Durov said.

“I am happy to donate millions of dollars this year to this cause, and hope that other people will follow. I called this Digital Resistance – a decentralized movement standing for digital freedoms and progress globally.”

As founder of not only Telegram but also vKontakte, Russia’s answer to Facebook, Durov is a force to be reckoned with. As such, his promises are unlikely to be hollow ones. While Russia has drawn a line in the sand on encryption, it appears to have energized Durov to take a stand, one that could have a positive effect on anti-censorship measures both in Russia and further afield.

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

Hollywood Studios Get ISP Blocking Order Against Rarbg in India

Post Syndicated from Ernesto original https://torrentfreak.com/hollywood-studios-score-blocking-order-against-rarbg-in-india-180417/

While the major Hollywood studios are very reluctant to bring a pirate site blocking case to their home turf, they are very active abroad.

The companies are the driving force behind lawsuits in Europe, Australia, and are also active in India, where they booked a new success last week.

Website blocking is by no means a new phenomenon in India. The country is known for so-called John Doe orders, where a flurry of websites are temporarily blocked to protect the release of a specific title.

The major Hollywood studios are taking a different approach. Disney Enterprises, Twentieth Century Fox, Paramount Pictures, Columbia Pictures, Universal, and Warner Bros. are requesting blockades, accusing sites of being structural copyright infringers.

One of the most recent targets is the popular torrent site Rarbg. The Hollywood studios describe Rarbg as a ‘habitual’ copyright infringer and demand that several Internet providers block access to the site.

“It is submitted that the Defendant Website aids and facilitates the accessibility and availability of infringing material, and induce third parties, intentionally and/or knowingly, to infringe through their websites by various means,’ the movie studios allege.

The complaint filed at the High Court of Delhi lists more than 20 Internet providers as co-defendants, and also includes India’s Department of Telecommunications and Department of Electronics and Information Technology in the mix.

The two Government departments are added because they have the power to enforce blocking orders. Specifically, the Hollywood studios note that the Department of Technology’s license agreement with ISPs requires these companies to ensure that copyright infringing content is not carried on their networks.

“It is submitted that the DoT itself acknowledges the fact that service providers have an obligation to ensure that no violation of third party intellectual property rights takes place through their networks and that effective protection is provided to right holders of such intellectual property,” the studios write.

Last week the court granted an injunction that requires local Internet providers including Bharti Airtel, Reliance Communications, Telenor, You Broadband, and Vodafone to block Rarbg.

Blocking order

As requested, the Department of Telecommunications and Department of Electronics and Information Technology are directed to notify all local internet and telecom service providers that they must block the torrent site as well.

The order is preliminary and can still be contested in court. However, given the history of similar blocking efforts around the world, it is likely that it will be upheld.

While there’s not much coverage on the matter, this isn’t the first blocking request the companies have filed in India. Last October, a similar case was filed against another popular torrent site, 1337x.to, with success.

TorrentFreak reached out to the law firm representing the Hollywood studios to get a broader overview of the blocking plans in India. At the time of writing, we have yet to hear back.

A copy of the order obtained by Disney Enterprises, Twentieth Century Fox, Paramount Pictures, Columbia Pictures, Universal, Warner Bros and the local Disney owned media conglomerate UTV Software, is available here (pdf).

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

Russia’s Encryption War: 1.8m Google & Amazon IPs Blocked to Silence Telegram

Post Syndicated from Andy original https://torrentfreak.com/russias-encryption-war-1-8m-google-amazon-ips-blocked-to-silence-telegram-180417/

The rules in Russia are clear. Entities operating an encrypted messaging service need to register with the authorities. They also need to hand over their encryption keys so that if law enforcement sees fit, users can be spied on.

Free cross-platform messaging app Telegram isn’t playing ball. An impressive 200,000,000 people used the software in March (including a growing number for piracy purposes) and founder Pavel Durov says he will not compromise their security, despite losing a lawsuit against the Federal Security Service which compels him to do so.

“Telegram doesn’t have shareholders or advertisers to report to. We don’t do deals with marketers, data miners or government agencies. Since the day we launched in August 2013 we haven’t disclosed a single byte of our users’ private data to third parties,” Durov said.

“Above all, we at Telegram believe in people. We believe that humans are inherently intelligent and benevolent beings that deserve to be trusted; trusted with freedom to share their thoughts, freedom to communicate privately, freedom to create tools. This philosophy defines everything we do.”

But by not handing over its keys, Telegram is in trouble with Russia. The FSB says it needs access to Telegram messages to combat terrorism so, in response to its non-compliance, telecoms watchdog Rozcomnadzor filed a lawsuit to degrade Telegram via web-blocking. Last Friday, that process ended in the state’s favor.

After an 18-minute hearing, a Moscow court gave the go-ahead for Telegram to be banned in Russia. The hearing was scheduled just the day before, giving Telegram little time to prepare. In protest, its lawyers didn’t even turn up to argue the company’s position.

Instead, Durov took to his VKontakte account to announce that Telegram would take counter-measures.

“Telegram will use built-in methods to bypass blocks, which do not require actions from users, but 100% availability of the service without a VPN is not guaranteed,” Durov wrote.

Telegram can appeal the blocking decision but Russian authorities aren’t waiting around for a response. They are clearly prepared to match Durov’s efforts, no matter what the cost.

In instructions sent out yesterday nationwide, Rozomnadzor ordered ISPs to block Telegram. The response was immediate and massive. Telegram was using both Amazon and Google to provide service to its users so, within hours, huge numbers of IP addresses belonging to both companies were targeted.

Initially, 655,352 Amazon IP addresses were placed on Russia’s nationwide blacklist. It was later reported that a further 131,000 IP addresses were added to that total. But the Russians were just getting started.

Servers.ru reports that a further 1,048,574 IP addresses belonging to Google were also targeted Monday. Rozcomnadzor said the court ruling against Telegram compelled it to take whatever action is needed to take Telegram down but with at least 1,834,996 addresses now confirmed blocked, it remains unclear what effect it’s had on the service.

Friday’s court ruling states that restrictions against Telegram can be lifted provided that the service hands over its encryption keys to the FSB. However, Durov responded by insisting that “confidentiality is not for sale, and human rights should not be compromised because of fear or greed.”

But of course, money is still part of the Telegram equation. While its business model in terms of privacy stands in stark contrast to that of Facebook, Telegram is also involved in the world’s biggest initial coin offering (ICO). According to media reports, it has raised $1.7 billion in pre-sales thus far.

This week’s action against Telegram is the latest in Russia’s war on ‘unauthorized’ encryption.

At the end of March, authorities suggested that around 15 million IP addresses (13.5 million belonging to Amazon) could be blocked to target chat software Zello. While those measures were averted, a further 500 domains belonging to Google were caught in the dragnet.

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

TV Broadcaster Wants App Stores Blocked to Prevent Piracy

Post Syndicated from Andy original https://torrentfreak.com/tv-broadcaster-wants-app-stores-blocked-to-prevent-piracy-180416/

After first targeting torrent and regular streaming platforms with blocking injunctions, last year Village Roadshow and studios including Disney, Universal, Warner Bros, Twentieth Century Fox, and Paramount began looking at a new threat.

The action targeted HDSubs+, a reasonably popular IPTV service that provides hundreds of otherwise premium live channels, movies, and sports for a relatively small monthly fee. The application was filed during October 2017 and targeted Australia’s largest ISPs.

In parallel, Hong Kong-based broadcaster Television Broadcasts Limited (TVB) launched a similar action, demanding that the same ISPs (including Telstra, Optus, TPG, and Vocus, plus subsidiaries) block several ‘pirate’ IPTV services, named in court as A1, BlueTV, EVPAD, FunTV, MoonBox, Unblock, and hTV5.

Due to the similarity of the cases, both applications were heard in Federal Court in Sydney on Friday. Neither case is as straightforward as blocking a torrent or basic streaming portal, so both applicants are having to deal with additional complexities.

The TVB case is of particular interest. Up to a couple of dozen URLs maintain the services, which are used to provide the content, an EPG (electronic program guide), updates and sundry other features. While most of these appear to fit the description of an “online location” designed to assist copyright infringement, where the Android-based software for the IPTV services is hosted provides an interesting dilemma.

ComputerWorld reports that the apps – which offer live broadcasts, video-on-demand, and catch-up TV – are hosted on as-yet-unnamed sites which are functionally similar to Google Play or Apple’s App Store. They’re repositories of applications that also carry non-infringing apps, such as those for Netflix and YouTube.

Nevertheless, despite clear knowledge of this dual use, TVB wants to have these app marketplaces blocked by Australian ISPs, which would not only render the illicit apps inaccessible to the public but all of the non-infringing ones too. Part of its argument that this action would be reasonable appears to be that legal apps – such as Netflix’s for example – can also be freely accessed elsewhere.

It will be up to Justice Nicholas to decide whether the “primary purpose” of these marketplaces is to infringe or facilitate the infringement of TVB’s copyrights. However, TVB also appears to have another problem which is directly connected to the copyright status in Australia of its China-focused live programming.

Justice Nicholas questioned whether watching a stream in Australia of TVB’s live Chinese broadcasts would amount to copyright infringement because no copy of that content is being made.

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

One of the problems appears to be that China is not a party to the 1961 Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations. However, TVB is arguing that it should still receive protection because it airs pre-recorded content and the live broadcasts are also archived for re-transmission via catch-up services.

The question over whether unchoreographed live broadcasts receive protection has been raised in other regions but in most cases, a workaround has been found. The presence of broadcaster logos on screen (which receive copyright protection) is a factor and it’s been reported that broadcasters are able to record the ‘live’ action and transmit a copy just a couple of seconds later, thereby broadcasting an already-copyrighted work.

While TVB attempts to overcome its issues, Village Roadshow is facing some of its own in its efforts to take down HDSubs+.

It appears that at least partly in response to the Roadshow legal action, the service has undergone some modifications, including a change of brand to ‘Press Play Extra’. As reported by ZDNet, there have been structural changes too, which means that Roadshow can no longer “see under the hood”.

According to Justice Nicholas, there is no evidence that the latest version of the app infringes copyright but according to counsel for Village Roadshow, the new app is merely transitional and preparing for a possible future change.

“We submit the difference to be drawn is reactive to my clients serving on the operators a notice,” counsel for Roadshow argued, with an expert describing the new app as “almost like a placeholder.”

In short, Roadshow still wants all of the target domains in its original application blocked because the company believes there’s a good chance they’ll be reactivated in the future.

None of the ISPs involved in either case turned up to the hearings on Friday, which removes one layer of complexity in what appears thus far to be less than straightforward cases.

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

MPA Reveals Scale of Worldwide Pirate Site Blocking

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

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

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

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

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

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

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

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

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

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

Major blocking nations in the EU

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The report is available here (Spanish, pdf)

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

Not All Canadian ISPs Are Pro Site Blocking

Post Syndicated from Ernesto original https://torrentfreak.com/not-all-canadian-isps-are-pro-site-blocking-180406/

Earlier this year several of the largest telcos in Canada teamed up with copyright holders to present their plan to tackle online piracy.

United in the Fairplay coalition, Bell, Rogers, and others urged telecoms regulator CRTC to institute a national website blocking program.

The Canadian blocklist should be maintained by a yet to be established non-profit organization called “Independent Piracy Review Agency” (IPRA) and both IPRA and the CRTC would be overseen by the Federal Court of Appeal, the organizations propose.

Over the past several weeks, the CRTC has asked the public for input on the plan. While we have already covered several responses, some notable entries were submitted at the very last minute.

The MPAA and the Premier League, which both applied for court-ordered blockades in the UK, voiced their support, for example. The same is true for ISP Shaw Communications. While Shaw is not part of the Fairplay Coalition it fully supports the site blocking proposal.

“New regulatory tools are needed to provide a comprehensive and coordinated response to combat piracy, and the FairPlay Proposal provides an expeditious, effective, and fair process,” Shaw writes, noting that the proposal doesn’t violate net neutrality.

The Independent Telecommunications Providers Association (ITPA) also chimed in. Representing more than a dozen smaller Internet providers, it takes no position on the merits of the plan, but stresses that copyright holders should pick up the bill.

“The ITPA would object to any regime that imposes costs without a cost recovery mechanism for service providers,” the association writes.

While many ISPs are backing the plan or taking a relatively neutral stance, TekSavvy is among the notable exceptions. The independent company that services more than 250,000 Canadian homes and businesses, says that the proposal would have a major impact.

“If implemented, the Applicants’ proposal for site blocking would fundamentally reshape how Internet services would work in Canada, including the manner in which TekSavvy provides Internet services.”

In a rather dry submission, the Internet provider argues that site blocking violates the Common Carrier doctrine of the Telecommunications Act.

“Rather than advancing the telecommunications policy objectives, the approach proposed in the Application to policing content on the Internet is in direct opposition to many of those objectives,” TekSavvy writes.

The proposal interferes with online traffic, the ISP explains, which could affect network neutrality principles. At the same time, it goes against several policy objectives, including the principle that any regulation should be efficient and effective.

“It is well-documented that blocking individual web sites is difficult and expensive and even so relatively trivial to circumvent,” the ISP notes. “As a result, site-blocking is neither efficient, nor effective.”

As such, TechSavvy argues that the site blocking proposal is not the kind of exceptional circumstance that warrants an exception to the common carrier doctrine.

The ISP is not alone in its critique, as Micheal Geist points out. In addition to its own submission, TekSavvy supports the Canadian Network Operators Consortium’s CNOC intervention, which covers a broad range of issues.

CNOC represents several dozen smaller Telcos and, among other things, it argues in detail that the blocking proposal will be costly but ineffective.

“CNOC is not convinced of the efficacy of FairPlay Canada’s proposal, and, in fact, believes that mandatory website blocking could be circumvented with such ease that expending any resources on it is unlikely to be productive, yet it would impose significant costs on ISPs,” CNOC notes.

The one thing that’s clear following all the submissions is that the CRTC will find it impossible to satisfy all parties. Even the Internet providers themselves have conflicting opinions.

A copy of Teksavvy’s submission is available here (pdf). ITPA’s letter can be found here (pdf), CNOC’s here (pdf), and Shaw’s submission in favor of the proposal is available here (pdf).

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

Japan Seeks to Outmaneuver Constitution With Piracy Blocking Proposals

Post Syndicated from Andy original https://torrentfreak.com/japan-seeks-to-outmaneuver-constitution-with-piracy-blocking-proposals-180406/

Speaking at a news conference last month, Japan’s Chief Cabinet Secretary Yoshihide Suga said that the Japanese government is considering measures to prohibit access to pirate sites, initially to protect the country’s manga and anime industries.

“The damage is getting worse. We are considering the possibilities of all measures including site blocking,” he said.

But Japan has a problem.

The country has no specific legislation that allows for site-blocking of any kind, let alone on copyright infringement grounds. In fact, the constitution expressly supports freedom of speech and expressly forbids censorship.

“Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed,” Article 21 reads.

“No censorship shall be maintained, nor shall the secrecy of any means of communication be violated,” the constitution adds.

Nevertheless, the government appears determined to do something about the piracy threat. As detailed last month, that looks like manifesting itself in a site-blocking regime. But how will this be achieved?

Mainichi reports that the government will argue there are grounds for “averting present danger”, a phrase that’s detailed in Article 37 of Japan’s Penal Code.

“An act unavoidably performed to avert a present danger to the life, body, liberty
or property of oneself or any other person is not punishable only when the harm
produced by such act does not exceed the harm to be averted,” the Article (pdf) begins.

It’s fairly clear that this branch of Japanese law was never designed for use against pirate sites. Furthermore, there is also a clause noting that where an act (in this case blocking) causes excessive harm it may lead “to the punishment being reduced or may exculpate the offender in light of the circumstances.”

How, when, or if that ever comes into play will remain to be seen but in common with most legal processes against pirate site operators elsewhere, few turn up to argue in their defense. A contested process is therefore unlikely.

It appears that rather than forcing Internet providers into compliance, the government will ask for their “understanding” on the basis that damage is being done to the anime and manga industries. ISPs reportedly already cooperate to censor child abuse sites so it’s hoped a similar agreement can be reached on piracy.

Initially, the blocking requests will relate to just three as-yet-unnamed platforms, one local and two based outside the country. Of course, this is just the tip of the iceberg and if ISPs agree to block this trio, more demands are sure to follow.

Meanwhile, the government is also working towards tightening up the law to deal with an estimated 200 local sites that link, but do not host pirated content. Under current legislation, linking isn’t considered illegal, which is a major problem given the manner in which most file-sharing and streaming is carried out these days.

However, there are also concerns that any amendments to tackle linking could fall foul of the constitutional right to freedom of expression. It’s a problem that has been tackled elsewhere, notably in Europe, but in most cases the latter has been trumped by the former. In any event, the government will need to tread carefully.

The proposals are expected to be formally approved at a Cabinet meeting on crime prevention policy later this month, Mainichi reports.

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

Fox Networks Obtains Piracy Blocking Injunction Against Rojadirecta

Post Syndicated from Andy original https://torrentfreak.com/fox-networks-obtains-piracy-blocking-injunction-against-rojadirecta-180405/

Twelve years ago this October, a court in Denmark ordered a local ISP to begin blocking unlicensed Russian music site AllofMP3. It was a landmark moment that opened the floodgates.

Although most countries took a few years to follow, blocking is now commonplace across Europe and if industry lobbyists have their way, it will soon head to North America. Meanwhile, other regions are getting their efforts underway, with Uruguay the latest country to reserve a place on the list.

The news comes via Fox Sports Latin America, which expressed satisfaction this week that a court in the country had handed down an interim injunction against local ISPs which compels them to block access to streaming portal Rojadirecta.

Despite a focus on Spanish speaking regions, Rojadirecta is one of the best known and longest-standing unauthorized sports in the world. Offering links to live streams of most spectator sports, Rojadirecta has gained a loyal and international following.

This has resulted in a number of lawsuits and legal challenges in multiple regions, the latest being a criminal copyright infringement complaint by Fox Sports Latin America. As usual, the company is annoyed that its content is being made available online without the proper authorization.

“This exemplary ruling marks the beginning of judicial awareness on online piracy issues,” said Daniel Steinmetz, Chief Anti-Piracy Officer of Fox Networks Group Latin America.

“FNG Latin America works constantly to combat the illegal use of content on different fronts and with great satisfaction we have found in Uruguay an important ally in the fight against this scourge. We are on our way to ending the impunity of these illegal content relay sites.”

Fox Sports says that with this pioneering action, Uruguay is now at the forefront of the campaign to tackle piracy currently running rampant across South America.

According to a NetNames report, there are 222 million Internet users in the region, of which 110 million access pirated content. This translates to 1,377 million TV hours per year but it’s hoped that additional action in other countries will help to stem the rising tide.

“We have already presented actions in other countries in the region where we will seek to replicate what we have obtained in Uruguay,” Fox said in a statement.

Local reports indicate that Internet providers have not yet taken action to block RojaDirecta but it’s expected they will do so in the near future.

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

UN Human Rights Rapporteur Warns Against Canadian Pirate Site Blocking Plan

Post Syndicated from Ernesto original https://torrentfreak.com/un-human-rights-rapporteur-warns-against-canadian-pirate-site-blocking-plan-180402/

In January, a coalition of Canadian companies called on the country’s telecom regulator CRTC to establish a local pirate site blocking program, which would be the first of its kind in North America.

The Canadian deal is supported by Fairplay Canada, a coalition of both copyright holders and major players in the telco industry, such as Bell and Rogers, which also have their own media branches.

Before making a decision on the proposal, the CTRC launched a public consultation asking the public for input on the matter. This has resulted in thousands of submissions, both for and against the plan.

Last week, just before the deadline passed, a noteworthy letter typed on a United Nations letterhead came in. The submission comes from David Kaye, acting as Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.

Special Rapporteurs are independent experts who have a mandate from the Human Rights Council to report and advise United Nations members on threats and problems that arise. In this case, the letter warns against the Canadian site blocking plan.

According to Kaye, the website blocking plan threatens to violate Article 19 of The Universal Declaration of Human Rights. This article guarantees people’s freedom of “opinion and expression” through “any media” and “regardless of frontiers.”

The Special Rapporteur informs the CRTC that the blocking plan could violate Canada’s obligations under Article 19 in several ways. The first problem he highlights is proportionality. According to Kaye, website blocking is an extreme measure that is often too broad to tackle copyright infringement.

“While the enforcement of copyright law may be a legitimate aim, I am concerned that website/application blocking is almost always a disproportionate means of achieving this aim,” Kaye writes.

“The risk that online expression will be disproportionately restricted is particularly high for websites/applications that are implicated in copyright infringement but also widely used to protect personal identity and security, such as VPNs, proxy services and peer-to-peer networks.”

The Special Rapporteur also highlights that the proposed criteria for piracy sites are vague, which may lead to over-blocking. This could affect sites and services that also have significant non-infringing uses.

In addition, he also notes that the proposed plan lacks due process safeguards. This means that sites may be blocked solely based on allegations from copyright holders, without judicial oversight.

Finally, it’s pointed out that the website blocking plan requires ISPs to work with copyright holders. However, the Rapporteur notes that these Telcos also own major Canadian commercial television services, which makes it unclear if they can act as neutral gatekeepers.

All in all, the Special Rapporteur urges the CRTC to make sure that, if it adopts any blocking measures, these will be in accordance with Article 19 of The Universal Declaration of Human Rights. Given his summary, that is currently not the case.

“Website blocking is an extreme measure that should only be imposed when an independent and impartial judicial authority or adjudicatory body has determined that it is the least restrictive means available to end individual acts of copyright infringement.”

“The proposed website blocking regime raises concern that websites may be blocked in Canada based on insufficient evidence or misleading allegations of copyright infringement, through a process lacking necessary due process guarantees,” Kaye adds.

Now that the public consultation has ended the CRTC will review the thousands of responses, including this one. When that’s done, it is expected to release a final review on the proposal, which is expected to happen later this year.

The submission of Special Rapporteur David Kaye, which hasn’t gone unnoticed, is available here (pdf).

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

UK IPTV Provider ACE Calls it Quits, Cites Mounting Legal Pressure

Post Syndicated from Andy original https://torrentfreak.com/uk-iptv-provider-ace-calls-it-quits-cites-mounting-legal-pressure-180402/

Terms including “Kodi box” are now in common usage in the UK and thanks to continuing coverage in the tabloid media, more and more people are learning that free content is just a few clicks away.

In parallel, premium IPTV services are also on the up. In basic terms, these provide live TV and sports through an Internet connection in a consumer-friendly way. When bundled with beautiful interfaces and fully functional Electronic Program Guides (EPG), they’re almost indistinguishable from services offered by Sky and BTSport, for example.

These come at a price, typically up to £10 per month or £20 for a three-month package, but for the customer this represents good value for money. Many providers offer several thousand channels in decent quality and reliability is much better than free streams. This kind of service was offered by prominent UK provider ACE TV but an announcement last December set alarm bells ringing.

“It saddens me to announce this, but due to pressure from the authorities in the UK, we are no longer selling new subscriptions. This obviously includes trials,” ACE said in a statement.

ACE insisted that it would continue as a going concern, servicing existing customers. However, it did keep its order books open for a while longer, giving people one last chance to subscribe to the service for anything up to a year. And with that ACE continued more quietly in the background, albeit with a disabled Facebook page.

But things were not well in ACE land. Like all major IPTV providers delivering services to the UK, ACE was subjected to blocking action by the English Premier League and UEFA. High Court injunctions allow ISPs in the UK to block their pirate streams in real-time, meaning that matches were often rendered inaccessible to ACE’s customers.

While this blocking can be mitigated when the customer uses a VPN, most don’t want to go to the trouble. Some IPTV providers have engaged in a game of cat-and-mouse with the blocking efforts, some with an impressive level of success. However, it appears that the nuisance eventually took its toll on ACE.

“The ISPs in the UK and across Europe have recently become much more aggressive in blocking our service while football games are in progress,” ACE said in a statement last month.

“In order to get ourselves off of the ISP blacklist we are going to black out the EPL games for all users (including VPN users) starting on Monday. We believe that this will enable us to rebuild the bypass process and successfully provide you with all EPL games.”

People familiar with the blocking process inform TF that this is unlikely to have worked.

Although nobody outside the EPL’s partners knows exactly how the system works, it appears that anti-piracy companies simply subscribe to IPTV services themselves and extract the IP addresses serving the content. ISPs then block them. No pause would’ve helped the situation.

Then, on March 24, another announcement indicated that ACE probably wouldn’t make it very far into 2019.

“It is with sorrow that we announce that we are no longer accepting renewals, upgrades to existing subscriptions or the purchase of new credits. We plan to support existing subscriptions until they expire,” the team wrote.

“EPL games including highlights continue to be blocked and are not expected to be reinstated before the end of the season.”

The suggestion was that ACE would keep going, at least for a while, but chat transcripts with the company obtained by TF last month indicated that ACE would probably shut down, sooner rather than later. Less than a week on, that proved to be the case.

On or around March 29, ACE began sending emails out to customers, announcing the end of the company.

“We recently announced that Ace was no longer accepting renewals or offering new reseller credits but planned to support existing subscription. Due to mounting legal pressure in the UK we have been forced to change our plans and we are now announcing that Ace will close down at the end of March,” the email read.

“This means that from April 1st onwards the Ace service will no longer work.”

April 1 was yesterday and it turns out it wasn’t a joke. Customers who paid in advance no longer have a service and those who paid a year up front are particularly annoyed. So-called ‘re-sellers’ of ACE are fuming more than most.

Re-sellers effectively act as sales agents for IPTV providers, buying access to the service at a reduced rate and making a small profit on each subscriber they sign up. They get a nice web interface to carry out the transactions and it’s something that anyone can do.

However, this generally requires investment from the re-seller in order to buy ‘credits’ up front, which are used to sell services to new customers. Those who invested money in this way with ACE are now in trouble.

“If anyone from ACE is reading here, yer a bunch of fuckin arseholes. I hope your next shite is a hedgehog!!” one shouted on Reddit. “Being a reseller for them and losing hundreds a pounds is bad enough!!”

While the loss of a service is probably a shock to more recent converts to the world of IPTV, those with experience of any kind of pirate TV product should already be well aware that this is nothing out of the ordinary.

For those who bought hacked or cloned satellite cards in the 1990s, to those who used ‘chipped’ cable boxes a little later on, the free rides all come to an end at some point. It’s just a question of riding the wave when it arrives and paying attention to the next big thing, without investing too much money at the wrong time.

For ACE’s former customers, it’s simply a case of looking for a new provider. There are plenty of them, some with zero intent of shutting down. There are rumors that ACE might ‘phoenix’ themselves under another name but that’s also par for the course when people feel they’re owed money and suspicions are riding high.

“Please do not ask if we are rebranding/setting up a new service, the answer is no,” ACE said in a statement.

And so the rollercoaster continues…

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

Comcast Doesn’t Disconnect All Binging Pirates

Post Syndicated from Ernesto original https://torrentfreak.com/comcast-doesnt-disconnect-all-binging-pirates-180401/

Regular Internet providers are being put under increasing pressure for not doing enough to curb copyright infringement.

Earlier this year the Fourth Circuit Court of Appeals ruled that ISPs are required to terminate ‘repeat infringers’ based on allegations from copyright holders alone, a topic that has been contested for years.

As this case progressed, several Internet providers reviewed their applicable policies and updated them if needed. This was also true for Comcast, which published its repeat infringer policy online late 2017.

While it’s clear that Comcast reserves the right to terminate accounts of persistent pirates, it remains unclear when this would happen.

“Any infringement of third party copyright rights violates the law. We reserve the right to treat any customer account for whom we receive multiple DMCA notifications from content owners as a repeat infringer,” the company simply notes.

Today, we are able to add some further clarification, from a ‘binging’ pirate.

A few days ago we were contacted by a Comcast subscriber who received not one, not two, but more than 50 DMCA alerts from Comcast in a single day.

Alert!

Although he had received similar alerts in previous months, in the first email of the batch Comcast clarified that this was the first alert under their DMCA repeat infringer policy, which may have something to do with the recent policy update.

“This alert from Comcast is to let you know that this month, we received notifications of alleged copyright infringement associated with your XFINITY Internet account,” the email clarified.

“That means your Internet service may have been used repeatedly to copy or share a movie, show, song, game or other copyrighted content without any required permission, and you have triggered the first step of our DMCA repeat infringer policy.”

In total, the subscriber received close to 70 DMCA notices last month, but aside from a crowded inbox, nothing happened. Apparently, receiving this many DMCA notices by itself is not sufficient to be qualified as a “repeat infringer” under Comcast’s policy.

We reached out to Comcast last week and a company spokesperson told us that they would answer follow-up questions over email. However, more than a week has passed and despite several reminders, we haven’t heard back.

While copyright holders may frame Comcast’s approach as a failure to terminate accounts of repeat infringers, the company may have a good reason.

Dozens of the notices our tipster received came from Rightscorp and were triggered by files from the same torrent. This means that downloading a torrent with a discography of an artist can result in dozens if not hundreds of notices.

Perhaps Comcast is taking a more gradual approach, not one based solely on volume. This is also what their repeat infringer policy, which mentions a “multi-step” process, suggests.

“Upon receipt of repeated DMCA notifications in a calendar month, the customer account will progress from one policy step to the next one.”

While more than a month has passed, our tipster says he hasn’t heard about any new steps, nor was he urged to acknowledge the alerts in any way. But maybe he got lucky…

As for the law, this requires ISPs to “adopt and reasonably implement a policy” to terminate “repeat infringers” in “appropriate circumstances,” with no mention of volume or a timeframe.

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

Russia Blocked 8,000 Pirate Sites in 2017, “Visits to Cinemas Up 11%”

Post Syndicated from Andy original https://torrentfreak.com/russia-blocked-8000-pirate-sites-in-2017-visits-to-cinemas-up-11-180325/

Blocking sites is one of the most popular anti-piracy mechanisms of recent times. The practice is now commonplace in the UK, Europe, and Australia and, if entertainment industry groups get their way, it’ll soon be installed in Canada too.

While most regions with blocking legislation carry out their work with enthusiasm, perhaps surprisingly it’s Russia setting the standards. With almost constant amendments to copyright law, the country is able to block pirate sites, mirrors, and proxies in a very short timeframe indeed. And it has been doing so, in huge numbers.

According to data shared with Izvestia by local telecoms watchdog Rozcomnadzor, in 2017 Russia blocked a staggering 8,000 pirate sites, more than any other country on the planet. In a clear sign of the way things are going, that figure represents a four-fold increase over the 2,000 sites that were blocked on copyright grounds in 2016.

While blocks can be authorized for infringement of copyright on everything from music to software and from books to TV shows, it is the movie industry leading the way in volume terms. In 65% of cases of site-blocking in 2017, the requests came from companies involved in the production and distribution of films.

Sheer volume aside, there’s nothing really surprising about the site-blocking movement in Russia. However, it differs from most other regions when it comes to assessing its usefulness.

Groups in many other countries have claimed that site-blocking is effective in reducing visits to pirate sites and even reducing piracy itself, but the majority steer clear of claiming that it actually does anything to increase sales. Not so Russia.

According to data from Russia’s Cinema Foundation cited by Rozcomnadzor alongside site-blocking statistics, last year “the aggregate box office of the national film distribution” grew by 10.9% amounting to 53.6 billion rubles [US$927.3m], up from 48.4 billion rubles [US$837.3m] in 2016.

In addition, the telecoms regulator said that cinema attendance across the country had increased by 11.4% over the previous year.

A court process is required to block infringing sites that fail to cooperate when rightsholders ask for content to be taken down. Those that push the boundaries by refusing to remove content on multiple occasions can find themselves blocked on a permanent basis.

In 2017, a total of 530 sites were added to Russia’s permanent blacklist, up from ‘just’ 107 sites in 2017. In addition, 459 pirate site “mirrors” were blocked by ISPs with no hope of reprieve. Following changes to the law last October, permanently blocked sites are also removed from search engine results.

But while the current system presents no significant obstacles to having many thousands of sites blocked during the course of a year, Russian authorities want more anti-piracy tools in their arsenal. New proposals would see pirate sites blocked without the need for any court process at all.

It’s already possible to have mirror sites blocked without a separate process but if the Ministry of Culture has its way, copyright complaints issued to hosting services and sites that go completely unanswered without deletion of content could suffer the same fate.

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

Key Internet Players Excoriate Canadian Pirate Site Blocking Plan

Post Syndicated from Ernesto original https://torrentfreak.com/key-internet-players-excoriate-canadian-pirate-site-blocking-plan-180323/

In January, a coalition of Canadian companies called on the country’s telecom regulator CRTC to establish a local pirate site blocking program, which would be the first of its kind in North America.

The Canadian deal is supported by FairPlay Canada, a coalition of both copyright holders and major players in the telco industry, such as Bell and Rogers, which also have media companies of their own.

Before making any decisions, the CRTC has asked the public for comments. Last week we highlighted a few from both sides, but in recent days two Internet heavyweights have chimed in.

The first submission comes from the Internet Infrastructure Coalition (i2Coalition), which counts Google, Amazon, Cogeco PEER1, and Tucows among its members. These are all key players in the Internet ecosystem, with a rather strong opinion.

In a strongly-worded letter, the coalition urges the CRTC to reject the proposed “government-backed internet censorship committee” which they say will hurt the public as well as various companies that rely on a free and open Internet.

“The not-for-profit organization envisioned by the FairPlay Canada proposal lacks accountability and oversight, and is certain to cause tremendous collateral damage to innocent Internet business owners,” they write.

“There is shockingly little judicial review or due process in establishing and approving the list of websites being blocked — and no specifics of how this blocking is actually to be implemented.”

According to the coalition, the proposal would stifle innovation, shutter legitimate businesses through overblocking, and harm Canada’s Internet economy.

In addition, they fear that it may lead to broad blockades of specific technologies. This includes VPNs, which Bell condemned in the past, as well as BitTorrent traffic.

“VPN usage itself could be targeted by this proposal, as could the use of torrents, another technology with wide legitimate usage, including digital security on public wifi, along with myriad other business requirements,” the coalition writes.

“We caution that this proposal could be used to attempt to restrict technology innovation. There are no provisions within the FairPlay proposal to avoid vilification of specific technologies. Technologies themselves cannot be bad actors.”

According to the i2Coalition, Canada’s Copyright Modernization Act is already one of the toughest anti-piracy laws in the world and they see no need to go any further. As such, they urge the authorities to reject the plan.

“The government and the CRTC should not hesitate to firmly reject the website blocking plan as a disproportionate, unconstitutional proposal sorely lacking in due process that is inconsistent with the current communications law framework,” the letter concludes.

The second submission we want to highlight comes from the Internet Society. In addition to many individual members, it is supported by dozens of major companies. This includes Google and Facebook, but also ISPs such as Verizon and Comcast, and even copyright holders such as 21st Century Fox and Disney.

While the Internet Society’s Hollywood members have argued in favor of pirate site blockades in the past, even in court, the organization’s submission argues fiercely against this measure.

Pointing to an extensive report Internet Society published last Spring, they inform the CRTC that website blocking techniques “do not solve the problem” and “inflict collateral damage.”

The Internet Society calls on the CRTC to carefully examine the proposal’s potential negative effects on the security of the Internet, the privacy of Canadians, and how it may inadvertently block legitimate websites.

“In our opinion, the negative impacts of disabling access greatly outweigh any benefits,” the Internet Society writes.

Thus far, nearly 10,000 responses have been submitted to the CRTC. The official deadline passes on March 29, after which it is up to the telecoms regulator to factor the different opinions into its final decision.

The i2Coalition submission is available here (pdf) and the Internet Society’s comments can be found here (pdf).

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

Google Should Begin Delisting Pirate Sites, Aussie Rightsholders Say

Post Syndicated from Andy original https://torrentfreak.com/google-should-begin-delisting-pirate-sites-aussie-rightsholders-say-180322/

After being passed almost three years ago, in February the Australian government announced a review of its pirate site-blocking laws.

The Department of Communications asked for feedback on the effectiveness of the mechanism, from initial injunction application through to website blocking and, crucially, whether further amendments are required.

“The Department welcomes single, consolidated submissions from organizations or parties, capturing all views on the Copyright Amendment (Online Infringement) Act 2015 (Online Infringement Amendment) [pdf],” the consultation paper began.

Several responses from interested groups have been filed with the government and unsurprisingly, most come from entertainment industry groups seeking to expand on what has been achieved so far.

The most aggressive submissions come from the two companies that have made the most use of the blocking scheme so far – movie group Village Roadshow and TV provider Foxtel. Together the companies have had dozens of sites blocked in Australia by local ISPs but now they want the blocking regime expanded to online service platforms too.

Indeed, in the Roadshow and Foxtel submissions combined, Google is mentioned no less than 29 times as being part of the piracy problem Down Under.

“Village Roadshow strongly supported the original site blocking legislation and now we strongly support strengthening it,” Village Roadshow co-chief Graham Burke writes.

“With all major pirate sites blocked in Australia, the front door of the department store is shut. However, pirates, facilitated by Google and other search engines, are circumventing Australian Laws and Courts and opening a huge back door. Australia needs the power to require Google and other search engines to take reasonable steps to stop facilitating searches which lead to pirate sites.”

Burke goes on to criticize Google’s business model, which pushes tens of millions of people “searching for stolen goods” to pirate sites that hit them with “rogue advertising including illegal gambling, drugs, sex aids and prostitution.”

In a nutshell, the Village Roadshow co-chief suggests that Google’s business model involves profiting from knowingly leading consumers to illegal locations where they are ultimately ripped off.

“The analogy for Google is a Westfield Shopping Centre knowing they are getting big traffic to the center from a store that is using stolen goods to lure people and then robbing them!” he writes.

This anti-Google rant heads in a predictable direction. At the moment, Australia’s site-blocking regime only applies to ‘carriage service providers’, the home ISPs we all use. Village Roadshow wants that provision expanded to include ‘intermediary service providers’, which covers search engines, social media, and other types of internet intermediaries.

“Apart from ISP’s, many intermediaries are able to meaningfully impact traffic to infringing sites, and in fact, can and are currently used by pirates to find new locations and proxies to circumvent the ISP blocks,” Burke adds.

In other words, when served with an injunction, companies like Google and Facebook should delist results that lead people to pirate sites. This position is also championed by Foxtel, which points to a voluntary arrangement in the UK between search engines and the entertainment industries.

Under this anti-piracy code introduced last year, search engines agreed to further optimize their algorithms and processes to demote pirated content in search results. The aim is to make infringing content less visible and at a faster rate. At the same time, legal alternatives should be easier to find.

But like Village Roadshow, Foxtel doesn’t appear to be content with demotion – blocking and delisting is the aim.

“Foxtel strongly believes that extending the site blocking powers to search engines so that they must remove copyright infringing sites from search results would have a substantial impact on reducing piracy in Australia,” the company says.

“Search engines already remove URLs from site indexes to comply with local laws and product community standards and therefore, technologically Foxtel understands it would be a relatively simple exercise for search engines to comply with Australian blocking orders.”

Both Foxtel and Roadshow agree in other areas too. Currently, Australia’s site-blocking provisions apply to “online locations” situated outside Australia’s borders but both companies see a need for that restriction to be removed.

Neither company can understand why local pirate sites can’t be handled in the same way as those based overseas, with Foxtel arguing that proving an overseas element can be a costly process.

“Applicants must review individual domain locations and IP addresses and put on evidence relating to these matters to ensure that the location of the sites is established. This evidence, which we consider to be unnecessary, is produced at significant time and cost, all of which is borne by the rights holders,” Foxtel says.

While none of the above is particularly new in the global scheme of things, it’s interesting to note that even when agreements are reached and new legislation is formed, rightsholders always keep pushing for more.

That’s clearly highlighted in the Foxtel submission when the company says that the threshold for determining a pirate site should be lowered. Currently, a site must have a “primary purpose” to “infringe, or to facilitate the infringement” of copyright. Foxtel sees this as being too high.

In order to encompass general hosting sites that may also carry large quantities of infringing content, it would like to remove the term “primary purpose” and replace it with “substantial purpose or effect.” Given the recent criticisms leveled at Google and particularly YouTube for the infringing content it hosts, that request could prove difficult to push through.

Foxtel also sees a need to better tackle live streaming. In the UK, injunctions obtained by the Premier League and UEFA last year allow pirated live sports streams to be blocked in real-time. Although the injunctions are overseen by the courts, on a practical level the process is carried out between rightsholders and compliant ISPs.

Foxtel believes that Australia needs something similar.

“For site blocking to be effective in Australia in respect of live sport streaming sites which frequently change location, Foxtel anticipates that a similar process will ultimately be required to be implemented,” the company notes.

With the consultation process now over, dissenting submissions are in the minority. The most notable come from the Pirate Party (pdf) and Digital Rights Watch (pdf) although both are likely to be drowned out by the voices of rightsholders.

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