Tag Archives: jail

Hong Kong Customs Arrest Pirate Streaming Device Vendors

Post Syndicated from Andy original https://torrentfreak.com/hong-kong-customs-arrest-pirate-streaming-device-vendors-180529/

As Internet-capable set-top boxes pour into homes across all populated continents, authorities seem almost powerless to come up with a significant response to the growing threat.

In standard form these devices, which are often Android-based, are entirely legal. However, when configured with specialist software they become piracy powerhouses providing access to all content imaginable, often at copyright holders’ expense.

A large proportion of these devices come from Asia, China in particular, but it’s relatively rare to hear of enforcement action in that part of the world. That changed this week with an announcement from Hong Kong customs detailing a series of raids in the areas of Sham Shui Po and Wan Chai.

After conducting an in-depth investigation with the assistance of copyright holders, on May 25 and 26 Customs and Excise officers launched Operation Trojan Horse, carrying out a series of raids on four premises selling suspected piracy-configured set-top boxes.

During the operation, officers arrested seven men and one woman aged between 18 and 45. Four of them were shop owners and the other four were salespeople. Around 354 suspected ‘pirate’ boxes were seized with an estimated market value of HK$320,000 (US$40,700).

“In the past few months, the department has stepped up inspections of hotspots for TV set-top boxes,” a statement from authorities reads.

“We have discovered that some shops have sold suspected illegal set-top boxes that bypass the copyright protection measures imposed by copyright holders of pay television programs allowing people to watch pay television programs for free.”

Some of the devices seized by Hong Kong Customs

During a press conference yesterday, a representative from the Customs Copyright and Trademark Investigations (Action) Division said that in the run up to the World Cup in 2018, measures against copyright infringement will be strengthened both on and online.

The announcement was welcomed by the Cable and Satellite Broadcasting Association of Asia’s (CASBAA) Coalition Against Piracy, which is back by industry heavyweights including Disney, Fox, HBO Asia, NBCUniversal, Premier League, Turner Asia-Pacific, A&E Networks, Astro, BBC Worldwide, National Basketball Association, TV5MONDE, Viacom International, and others.

“We commend the great work of Hong Kong Customs in clamping down on syndicates who profit from the sale of Illicit Streaming Devices,” said General Manager Neil Gane.

“The prevalence of ISDs in Hong Kong and across South East Asia is staggering. The criminals who sell ISDs, as well as those who operate the ISD networks and pirate websites, are profiting from the hard work of talented creators, seriously damaging the legitimate content ecosystem as well as exposing consumers to dangerous malware.”

Malware warnings are very prevalent these days but it’s not something the majority of set-top box owners have a problem with. Indeed, a study carried by Sycamore Research found that pirates aren’t easily deterred by such warnings.

Nevertheless, there are definite risks for individuals selling devices when they’re configured for piracy.

Recent cases, particularly in the UK, have shown that hefty jail sentences can hit offenders while over in the United States (1,2,3), lawsuits filed by the Alliance for Creativity and Entertainment (ACE) have the potential to end in unfavorable rulings for multiple defendants.

Although rarely reported, offenders in Hong Kong also face stiff sentences for this kind of infringement including large fines and custodial sentences of up to four years.

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

Fully-Loaded Kodi Box Sellers Receive Hefty Jail Sentences

Post Syndicated from Andy original https://torrentfreak.com/fully-loaded-kodi-box-sellers-receive-hefty-jail-sentences-180524/

While users of older peer-to-peer based file-sharing systems have to work relatively hard to obtain content, users of the Kodi media player have things an awful lot easier.

As standard, Kodi is perfectly legal. However, when augmented with third-party add-ons it becomes a media discovery powerhouse, providing most of the content anyone could desire. A system like this can be set up by the user but for many, buying a so-called “fully-loaded” box from a seller is the easier option.

As a result, hundreds – probably thousands – of cottage industries have sprung up to service this hungry market in the UK, with regular people making a business out of setting up and selling such devices. Until three years ago, that’s what Michael Jarman and Natalie Forber of Colwyn Bay, Wales, found themselves doing.

According to reports in local media, Jarman was arrested in January 2015 when police were called to a disturbance at Jarman and Forber’s home. A large number of devices were spotted and an investigation was launched by Trading Standards officers. The pair were later arrested and charged with fraud offenses.

While 37-year-old Jarman pleaded guilty, 36-year-old Forber initially denied the charges and was due to stand trial. However, she later changed her mind and like Jarman, pleaded guilty to participating in a fraudulent business. Forber also pleaded guilty to transferring criminal property by shifting cash from the scheme through various bank accounts.

The pair attended a sentencing hearing before Judge Niclas Parry at Caernarfon Crown Court yesterday. According to local reporter Eryl Crump, the Court heard that the couple had run their business for about two years, selling around 1,000 fully-loaded Kodi-enabled devices for £100 each via social media.

According to David Birrell for the prosecution, the operation wasn’t particularly sophisticated but it involved Forber programming the devices as well as handling customer service. Forber claimed she was forced into the scheme by Jarman but that claim was rejected by the prosecution.

Between February 2013 and January 2015 the pair banked £105,000 from the business, money that was transferred between bank accounts in an effort to launder the takings.

Reporting from Court via Twitter, Crump said that Jarman’s defense lawyer accepted that a prison sentence was inevitable for his client but asked for the most lenient sentence possible.

Forber’s lawyer pointed out she had no previous convictions. The mother-of-two broke up with Jarman following her arrest and is now back in work and studying at college.

Sentencing the pair, Judge Niclas Parry described the offenses as a “relatively sophisticated fraud” carried out over a significant period. He jailed Jarman for 21 months and Forber for 16 months, suspended for two years. She must also carry out 200 hours of unpaid work.

The pair will also face a Proceeds of Crime investigation which could see them paying large sums to the state, should any assets be recoverable.

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

Infamous ‘Kodi Box’ Case Sees Man Pay Back Just £1 to the State

Post Syndicated from Andy original https://torrentfreak.com/infamous-kodi-box-case-sees-man-pay-back-just-1-to-the-state-180507/

In 2015, Middlesbrough-based shopkeeper Brian ‘Tomo’ Thompson shot into the headlines after being raided by police and Trading Standards in the UK.

Thompson had been selling “fully-loaded” piracy-configured Kodi boxes from his shop but didn’t think he’d done anything wrong.

“All I want to know is whether I am doing anything illegal. I know it’s a gray area but I want it in black and white,” he said.

Thompson started out with a particularly brave tone. He insisted he’d take the case to Crown Court and even to the European Court. His mission was show what was legal and what wasn’t, he said.

Very quickly, Thompson’s case took on great importance, with observers everywhere reporting on a potential David versus Goliath copyright battle for the ages. But Thompson’s case wasn’t straightforward.

The shopkeeper wasn’t charged with basic “making available” under the Copyrights, Designs and Patents Acts that would have found him guilty under the earlier BREIN v Filmspeler case. Instead, he stood accused of two offenses under section 296ZB of the Copyright, Designs and Patents Act, which deals with devices and services designed to “circumvent technological measures”.

In the end it was all moot. After entering his official ‘not guilty’ plea, last year Thompson suddenly changed his tune. He accepted the prosecution’s version of events, throwing himself at the mercy of the court with a guilty plea.

In October 2017, Teeside Crown Court heard that Thompson cost Sky around £200,000 in lost subscriptions while the shopkeeper made around £38,500 from selling the devices. But despite the fairly big numbers, Judge Peter Armstrong decided to go reasonably light on the 55-year-old, handing him an 18-month prison term, suspended for two years.

“I’ve come to the conclusion that in all the circumstances an immediate custodial sentence is not called for. But as a warning to others in future, they may not be so lucky,” the Judge said.

But things wouldn’t end there for Thompson.

In the UK, people who make money or obtain assets from criminal activity can be forced to pay back their profits, which are then confiscated by the state under the Proceeds of Crime Act (pdf). Almost anything can be taken, from straight cash to cars, jewellery and houses.

However, it appears that whatever cash Thompson earned from Kodi Box activities has long since gone.

During a Proceeds of Crime hearing reported on by Gazette Live, the Court heard that Thompson has no assets whatsoever so any confiscation order would have to be a small one.

In the end, Judge Simon Hickey decided that Thompson should forfeit a single pound, an amount that could increase if the businessman got lucky moving forward.

“If anything changes in the future, for instance if you win the lottery, it might come back,” the Judge said.

With that seeming particularly unlikely, perhaps this will be the end for Thompson. Considering the gravity and importance placed on his case, zero jail time and just a £1 to pay back will probably be acceptable to the 55-year-old and also a lesson to the authorities, who have gotten very little out of this expensive case.

Who knows, perhaps they might sum up the outcome using the same eight-letter word that Thompson can be seen half-covering in this photograph.

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

Men Who Sold Pirate IPTV Service to Pubs Jailed for 4.5 Years

Post Syndicated from Andy original https://torrentfreak.com/men-who-sold-pirate-iptv-service-to-pubs-jailed-for-4-5-years-180404/

For owners and landlords of pubs and clubs in the UK, providing top-tier sports on TV can be the key to bringing in plenty of thirsty customers.

That being said, the costs of doing so is viewed by many as extortionate, with companies including Sky and BT Sport demanding huge fees for the privilege.

As a result, there is a growing opportunity for people to step in to provide cheaper alternatives. With satellite-type piracy now on the wane, IPTV is now a rising force and there’s no shortage of companies prepared to sell a device and associated subscription service to a landlord for the fraction of Sky’s fees.

That’s where John Dodds, 65, and Jason Richards, 45, stepped in. From 2009 until 2016, the pair were involved in an operation selling such services to a staggering 270 pubs and clubs in the North-East of England.

While Sky could charge thousands per month, the duo allegedly charged customers less than £200 per month. For this fee, they received a set-top box plus a service, which included Premier League soccer and otherwise PPV boxing matches.

According to local sources, the scheme was incredibly lucrative for the pair. Via a fraudulent company, the duo generated revenues of £1.5m, which provided luxury cars and foreign homes.

Unfortunately, however, the business – which at some point was branded ‘Full Effects HD Sports’ – attracted the attention of the Premier League. In common with the movie industry before them, they carried out a private prosecution on the basis the pair were defrauding the organization.

“What the defendants created was their own, highly professional broadcasting service which was being sold to subscribers at a rate designed to undercut any legitimate broadcaster, which they were able to do as they weren’t paying to make any of the programmes or buy from the owners, such as the Premier League,” Prosecutor David Groome told the court.

The court was convinced by the Premier League’s arguments and this morning, before Newcastle Crown Court, the pair were sentenced to four-and-a-half years each in prison.

“This was a sophisticated fraud committed against numerous broadcasters throughout the world and those who have interests in the contents of broadcasts, particularly the Football Association, Premier League,” the judge said, as quoted by Sunderland Echo.

“You both knew perfectly well you were engaged in fraud because you knew the broadcasters were not being paid any or any appropriate fee for the use of their broadcasts. You were able to mislead customers, tell them that the services were lawful for them to use when you knew they were not.”

Unfortunately for the duo’s customers, a number of publicans who bought the service were also sued or prosecuted, which the judge noted could have negative consequences in relation to their future suitability to hold a liquor license.

“This is a hugely significant judgment as it provides further evidence that selling these devices is illegal and can result in a prison sentence,” said Premier League director of legal services Kevin Plumb.

“We hope this verdict gets the message out that selling or using these devices is simply not worth the risk.”

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

The 4.16 kernel is out

Post Syndicated from corbet original https://lwn.net/Articles/750693/rss

Linus has released the 4.16 kernel, as
expected. “We had a number of fixes and cleanups elsewhere, but none
of it made me go ‘uhhuh, better let this soak for another week’
“.
Some of the headline changes in this release include initial support for
the Jailhouse
hypervisor, the usercopy whitelisting
hardening patches, some improvements to the deadline scheduler and, of
course, a lot of Meltdown and Spectre mitigation work.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Pirate Site Admins Receive Suspended Sentences, Still Face €60m Damages Claim

Post Syndicated from Andy original https://torrentfreak.com/pirate-site-admins-receive-suspended-sentences-still-face-e60m-damages-claim-180313/

After being founded in 2009, French site Liberty Land (LL) made its home in Canada. At the time listed among France’s top 200 sites, Liberty Land carried an estimated 30,000 links to a broad range of unlicensed content.

Like many other indexes of its type, LL carried no content itself but hosted links to content hosted elsewhere, on sites like Megaupload and Rapidshare, for example. This didn’t save the operation from an investigation carried out by rightsholder groups SACEM and ALPA, which filed a complaint against Liberty Land with the French authorities in 2010.

Liberty Land

In May 2011 and alongside complaints from police that the people behind Liberty Land had taken extreme measures to hide themselves away, authorities arrested several men linked to the site in Marseille, near Le Havre, and in the Paris suburb of Montreuil.

Despite the men facing a possible five years in jail and fines of up to $700,000, the inquiry dragged on for nearly seven years. The trial of its alleged operators, now aged between 29 and 36-years-old, finally went ahead January 30 in Rennes.

The men faced charges that they unlawfully helped to distribute movies, TV series, games, software, music albums and e-books without permission from rightsholders. In court, one defended the site as being just like Google.

“For me, we had the same role as Google,” he said. “We were an SEO site. There is a difference between what we were doing and the distribution of pirated copies on the street.”

According to the prosecution, the site made considerable revenues from advertising, estimated at more than 300,000 euros between January 2009 and May 2011. The site’s two main administrators reportedly established an offshore company in the British Virgin Islands and a bank account in Latvia where they deposited between 100,000 and 150,000 euros each.

The prosecutor demanded fines for the former site admins and sentences of between six and 12 months in prison. Last week the Rennes Criminal Court rendered its decision, sentencing the four men to suspended sentences of between two and three months. More than 176,000 euros generated by the site was also confiscated by the Court.

While the men will no doubt be relieved that this extremely long case has reached a conclusion of sorts, it’s not over yet. 20minutes reports that the claims for damages filed by copyright groups including SACEM won’t be decided until September and they are significant, totaling 60 million euros.

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

New PS4 Jailbreak Hits Firmware 4.55, Excites the Masses

Post Syndicated from Andy original https://torrentfreak.com/new-ps4-jailbreak-hits-firmware-4-55-excites-the-masses-180228/

Largely since the advent of the third generation of games consoles in the early to mid 80s, adventurous users have been interested in making their machines do things they’re not supposed to.

In common with the 8bit games-capable computers that preceded them, much emphasis was placed on piracy, with people seeking to cut console games costs with copies of what would otherwise be expensive investments. Alongside, however, was a rapidly developing “homebrew” scene in which often amateur coders sought to utilize their purchased hardware for non-conventional means.

These days the process of digitally cracking open a device is much more complex and has given birth to the term ‘jailbreaking’. It can be applied to devices as diverse as iPhones and PlayStations but it all means the same thing – the removal of restrictions put in place by manufacturers in order to control what can be done with a device.

These restrictions mostly relate to the running of software, with the big manufacturers wanting people to not only use ‘app stores’ that they control but also to pay for the privilege. The jailbreaking scene often aims to undermine the former but despite many good intentions, it often gets dragged into piracy as a result.

Yesterday there was cause for both homebrew coders and pirates-in-waiting to celebrate with the announcement that developer ‘Qwertyoruiop’ had released the full code for his PS4 firmware 4.55 kernel exploit.

While the release caused much excitement, the kernel exploit still needs a usermode entry point. As reported by Wololo, that could come via the Webkit exploit previously released by Qwertyoruiop for PS4 firmware 4.07 a while back.

So, to put things into basic terms, while the new exploit works up to v4.55, the user exploit only works up to those with PS4s running v4.07, at least until another usermode exploit for later firmwares is released.

But with anticipation in the air, a few hours later yet more exciting news appeared on the horizon. Taking Qwertyoruiop’s v4.55 kernel exploit and running with it, developer SpecterDev announced on Twitter that he’d published a full implementation of the exploit on Github.

In other words, SpecterDev has released a fully-functional jailbreak of PS4 firmware 4.55, which opens up a whole world of opportunities for the homebrew scene – and beyond. That being said, he’s careful to note on Github that others will have to step up to fill in the gaps from here.

“[The implementation] will allow you to run arbitrary code as kernel, to allow jailbreaking and kernel-level modifications to the system. This release however, does not contain any code related to defeating anti-piracy mechanisms or running homebrew,” he explained.

Nevertheless, SpecterDev’s code has an inbuilt ‘ear’ that can take instructions (a so-called ‘payload’) and do something useful with them.

“This exploit does include a loader that listens for payloads on port 9020 and will execute them upon receival,” he explains.

Rumors suggest that there’s already some kind of payload being shared privately. We haven’t been able to confirm what it does yet but people seem excited by it.

Update: Confirmation of what it does from Wololo: “When run in combination with the recently released exploit for PS4 4.55, Holy Grail lets users install and run unsigned packages. In practice, this will let 4.55 owners install and run homebrews as well as, yes, pirated PS4 games.”

A video showing the jailbreak in action has been uploaded to YouTube and can be seen below.

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

Hollywood Commissioned Tough Jail Sentences for Online Piracy, ISP Says

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Pirate Site Operators’ Jail Sentences Overturned By Court of Appeal

Post Syndicated from Andy original https://torrentfreak.com/pirate-site-operators-jail-sentences-overturned-by-court-of-appeal-180226/

With The Pirate Bay proving to be somewhat of an elusive and irritating target, in 2014 police took on a site capturing an increasing portion of the Swedish pirate market.

Unlike The Pirate Bay which uses torrents, Dreamfilm was a portal for streaming content and it quickly grew alongside the now-defunct Swefilmer to dominate the local illicit in-browser viewing sector. But after impressive growth, things came to a sudden halt.

In January 2015, Dreamfilm announced that the site would be shut down after one of its administrators was detained by the authorities and interrogated. A month later, several more Sweden-based sites went down including the country’s second largest torrent site Tankefetast, torrent site PirateHub, and streaming portal Tankefetast Play (TFPlay).

Anti-piracy group Rights Alliance described the four-site networks as one of “Europe’s leading players for illegal file sharing and streaming.”

Image published by Dreamfilm after the raiddreamfilm

After admitting they’d been involved in the sites but insisting they’d committed no crimes, last year four men aged between 21 and 31-years-old appeared in court charged with copyright infringement. It didn’t go well.

The Linköping District Court found them guilty and decided they should all go to prison, with the then 23-year-old founder receiving the harshest sentence of 10 months, a member of the Pirate Party who reportedly handled advertising receiving 8 months, and two others getting six months each. On top, they were ordered to pay damages of SEK 1,000,000 ($122,330) to film industry plaintiffs.

Like many similar cases in Sweden, the case went to appeal and late last week the court handed down its decision which amends the earlier decision in several ways.

Firstly, the Hovrätten (Court of Appeals) agreed that with the District Court’s ruling that the defendants had used dreamfilm.se, tfplay.org, tankafetast.com and piratehub.net as platforms to deliver movies stored on Russian servers to the public.

One defendant owned the domains, another worked as a site supervisor, while the other pair worked as a programmer and in server acquisition, the Court said.

Dagens Juridik reports that the defendants argued that the websites were not a prerequisite for people to access the films, and therefore they had not been made available to a new market.

However, the Court of Appeal agreed with the District Court’s assessment that the links meant that the movies had been made available to a “new audience”, which under EU law means that a copyright infringement had been committed. As far as the samples presented in the case would allow, the men were found to have committed between 45 and 118 breaches of copyright law.

The Court also found that the website operation had a clear financial motive, delivering movies to the public for free while earning money from advertising.

While agreeing with the District Court on most points, the Court of Appeals decided to boost the damages award from SEK 1,000,000 ($122,330) to SEK 4,250,000 ($519,902). However, there was much better news in respect of the prison sentences.

Taking into consideration the young age of the men (who before this case had no criminal records) and the unlikely event that they would offend again, the Court decided that none would have to go to prison as previously determined.

Instead, all of the men were handed conditional sentences with two ordered to pay daily fines, which are penalties based on the offender’s daily personal income.

Last week it was reported that Sweden is preparing to take a tougher line with large-scale online copyright infringers. Proposals currently with the government foresee a new crime of “gross infringement” under both copyright and trademark law, which could lead to sentences of up to six years in prison.

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

TVAddons Suffers Big Setback as Court Completely Overturns Earlier Ruling

Post Syndicated from Andy original https://torrentfreak.com/tvaddons-suffers-big-setback-as-court-completely-overturns-earlier-ruling-180221/

On June 2, 2017 a group of Canadian telecoms giants including Bell Canada, Bell ExpressVu, Bell Media, Videotron, Groupe TVA, Rogers Communications and Rogers Media, filed a complaint in Federal Court against Montreal resident, Adam Lackman.

Better known as the man behind Kodi addon repository TVAddons, Lackman was painted as a serial infringer in the complaint. The telecoms companies said that, without gaining permission from rightsholders, Lackman communicated copyrighted TV shows including Game of Thrones, Prison Break, The Big Bang Theory, America’s Got Talent, Keeping Up With The Kardashians and dozens more, by developing, hosting, distributing and promoting infringing Kodi add-ons.

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

On June 9, 2017 the Federal Court handed down a time-limited interim injunction against Lackman ex parte, without Lackman being able to mount a defense. Bailiffs took control of TVAddons’ domains but the most controversial move was the granting of an Anton Piller order, a civil search warrant which granted the plaintiffs no-notice permission to enter Lackman’s premises to secure evidence before it could be tampered with.

The order was executed June 12, 2017, with Lackman’s home subjected to a lengthy search during which the Canadian was reportedly refused his right to remain silent. Non-cooperation with an Anton Piller order can amount to a contempt of court, he was told.

With the situation seemingly spinning out of Lackman’s control, unexpected support came from the Honourable B. Richard Bell during a subsequent June 29, 2017 Federal Court hearing to consider the execution of the Anton Piller order.

The Judge said that Lackman had been subjected to a search “without any of the protections normally afforded to litigants in such circumstances” and took exception to the fact that the plaintiffs had ordered Lackman to spill the beans on other individuals in the Kodi addon community. He described this as a hunt for further evidence, not the task of preserving evidence it should’ve been.

Justice Bell concluded by ruling that while the prima facie case against Lackman may have appeared strong before the judge who heard the matter ex parte, the subsequent adversarial hearing undermined it, to the point that it no longer met the threshold.

As a result of these failings, Judge Bell vacated the Anton Piller order and dismissed the application for interlocutory injunction.

While this was an early victory for Lackman and TVAddons, the plaintiffs took the decision to an appeal which was heard November 29, 2017. Determined by a three-judge panel and signed by Justice Yves de Montigny, the decision was handed down Tuesday and it effectively turns the earlier ruling upside down.

The appeal had two matters to consider: whether Justice Bell made errors when he vacated the Anton Piller order, and whether he made errors when he dismissed the application for an interlocutory injunction. In short, the panel found that he did.

In a 27-page ruling, the first key issue concerns Justice Bell’s understanding of the nature of both Lackman and TVAddons.

The telecoms companies complained that the Judge got it wrong when he characterized Lackman as a software developer who came up with add-ons that permit users to access material “that is for the most part not infringing on the rights” of the telecoms companies.

The companies also challenged the Judge’s finding that the infringing add-ons offered by the site represented “just over 1%” of all the add-ons developed by Lackman.

“I agree with the [telecoms companies] that the Judge misapprehended the evidence and made palpable and overriding errors in his assessment of the strength of the appellants’ case,” Justice Yves de Montigny writes in the ruling.

“Nowhere did the appellants actually state that only a tiny proportion of the add-ons found on the respondent’s website are infringing add-ons.”

The confusion appears to have arisen from the fact that while TVAddons offered 1,500 add-ons in total, the heavily discussed ‘featured’ addon category on the site contained just 22 add-ons, 16 of which were considered to be infringing according to the original complaint. So, it was 16 add-ons out of 22 being discussed, not 16 add-ons out of a possible 1,500.

“[Justice Bell] therefore clearly misapprehended the evidence in this regard by concluding that just over 1% of the add-ons were purportedly infringing,” the appeals Judge adds.

After gaining traction with Justice Bell in the previous hearing, Lackman’s assertion that his add-ons were akin to a “mini Google” was fiercely contested by the telecoms companies. They also fell flat before the appeal hearing.

Justice de Montigny says that Justice Bell “had been swayed” when Lackman’s expert replicated the discovery of infringing content using Google but had failed to grasp the important differences between a general search engine and a dedicated Kodi add-on.

“While Google is an indiscriminate search engine that returns results based on relevance, as determined by an algorithm, infringing add-ons target predetermined infringing content in a manner that is user-friendly and reliable,” the Judge writes.

“The fact that a search result using an add-on can be replicated with Google is of little consequence. The content will always be found using Google or any other Internet search engine because they search the entire universe of all publicly available information. Using addons, however, takes one to the infringing content much more directly, effortlessly and safely.”

With this in mind, Justice de Montigny says there is a “strong prima facie case” that Lackman, by hosting and distributing infringing add-ons, made the telecoms companies’ content available to the public “at a time of their choosing”, thereby infringing paragraph 2.4(1.1) and section 27 of the Copyright Act.

On TVAddons itself, the Judge said that the platform is “clearly designed” to facilitate access to infringing material since it targets “those who want to circumvent the legal means of watching television programs and the related costs.”

Turning to Lackman, the Judge said he could not claim to have no knowledge of the infringing content delivered by the add-ons distributed on this site, since they were purposefully curated prior to distribution.

“The respondent cannot credibly assert that his participation is content neutral and that he was not negligent in failing to investigate, since at a minimum he selects and organizes the add-ons that find their way onto his website,” the Judge notes.

In a further setback, the Judge draws clear parallels with another case before the Canadian courts involving pre-loaded ‘pirate’ set-top boxes. Justice de Montigny says that TVAddons itself bears “many similarities” with those devices that are already subjected to an interlocutory injunction in Canada.

“The service offered by the respondent through the TVAddons website is no different from the service offered through the set-top boxes. The means through which access is provided to infringing content is different (one relied on hardware while the other relied on a website), but they both provided unauthorized access to copyrighted material without authorization of the copyright owners,” the Judge finds.

Continuing, the Judge makes some pointed remarks concerning the execution of the Anton Piller order. In short, he found little wrong with the way things went ahead and also contradicted some of the claims and beliefs circulated in the earlier hearing.

Citing the affidavit of an independent solicitor who monitored the order’s execution, the Judge said that the order was explained to Lackman in plain language and he was informed of his right to remain silent. He was also told that he could refuse to answer questions other than those specified in the order.

The Judge said that Lackman was allowed to have counsel present, “with whom he consulted throughout the execution of the order.” There was nothing, the Judge said, that amounted to the “interrogation” alluded to in the earlier hearing.

Justice de Montigny also criticized Justice Bell for failing to take into account that Lackman “attempted to conceal crucial evidence and lied to the independent supervising solicitor regarding the whereabouts of that evidence.”

Much was previously made of Lackman apparently being forced to hand over personal details of third-parties associated directly or indirectly with TVAddons. The Judge clarifies what happened in his ruling.

“A list of names was put to the respondent by the plaintiffs’ solicitors, but it was apparently done to expedite the questioning process. In any event, the respondent did not provide material information on the majority of the aliases put to him,” the Judge reveals.

But while not handing over evidence on third-parties will paint Lackman in a better light with concerned elements of the add-on community, the Judge was quick to bring up the Canadian’s history and criticized Justice Bell for not taking it into account when he vacated the Anton Piller order.

“[T]he respondent admitted that he was involved in piracy of satellite television signals when he was younger, and there is evidence that he was involved in the configuration and sale of ‘jailbroken’ Apple TV set-top boxes,” Justice de Montigny writes.

“When juxtaposed to the respondent’s attempt to conceal relevant evidence during the execution of the Anton Piller order, that contextual evidence adds credence to the appellants’ concern that the evidence could disappear without a comprehensive order.”

Dismissing Justice Bell’s findings as “fatally flawed”, Justice de Montigny allowed the appeal of the telecoms companies, set aside the order of June 29, 2017, declared the Anton Piller order and interim injunctions legal, and granted an interlocutory injunction to remain valid until the conclusion of the case in Federal Court. The telecoms companies were also awarded costs of CAD$50,000.

It’s worth noting that despite all the detail provided up to now, the case hasn’t yet got to the stage where the Court has tested any of the claims put forward by the telecoms companies. Everything reported to date is pre-trial and has been taken at face value.

TorrentFreak spoke with Adam Lackman but since he hadn’t yet had the opportunity to discuss the matter with his lawyers, he declined to comment further on the record. There is a statement on the TVAddons website which gives his position on the story so far.

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

Sweden Considers Six Years in Jail For Online Pirates

Post Syndicated from Andy original https://torrentfreak.com/sweden-considers-six-years-in-jail-for-online-pirates-180218/

Ever since the infamous Pirate Bay trial more than a decade ago, prosecutors in Sweden have called for a tougher approach to breaches of copyright law. In general terms, the country has been painted as soft on infringement but that could all be about to change.

After reaching the conclusion that penalties in Sweden “appear to be low” when compared to those on the international stage, the government sought advice on how such crimes can be punished, not only more severely, but also in proportion to the alleged damage caused.

In response, Minister for Justice Heléne Fritzon received a report this week. It proposes a new tier of offenses with “special” punishments to tackle large-scale copyright infringement and “serious” trademark infringement.

Presented by Council of Justice member Dag Mattsson, the report envisions new criminal designations and crime being divided into two levels of seriousness.

“A person who has been found guilty of copyright infringement or trademark infringement of a normal grade may be sentenced to fines or imprisonment up to a maximum of two years,” the government notes.

“In cases of gross crimes, a person may be convicted of gross copyright infringement or gross trademark infringement and sent to prison for at least six months and not more than six years.”

Last year the Supreme Court found that although prison sentences can be handed down in such cases, there were no legislative indications that copyright infringement should be penalized via a term of imprisonment.

For an idea of the level of change, one only need refer to The Pirate Bay case, which would undoubtedly be considered as “gross infringement” under the new proposals.

Under the new rules, defendants Peter Sunde, Fredrik Neij and Carl Lundström would be sentenced to a minimum of six months and a maximum of six years. As things stood, with infringement being dealt with via fines or up to two years’ imprisonment, they were sentenced to prison terms of eight, ten and four months respectively.

Under the new proposals, damage to rightsholders and monetary gain by the defendant would be taken into account when assessing whether a crime is “gross” or not. This raises the question of whether someone sharing a single pre-release movie could be deemed a gross infringer even if no money was made.

Also of interest are proposals that would enable the state to confiscate all kinds of property, both physical items and more intangible assets such as domain names. This proposal is a clear nod towards the Pirate Bay case which dragged on for several years before the state was able to take over its thepiratebay.se domain.

“Today there is organized online piracy that has major consequences for the whole community,” Minister Fritzon said in a statement.

“Therefore, it is good that the punishments for these crimes have been reviewed, as the sentence will then be proportional to the seriousness of the crime.”

The legislative amendments are proposed to enter into force on July 1, 2019.

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

Kim Dotcom Begins New Fight to Avoid Extradition to United States

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Pirate ‘Kodi’ Boxes & Infringing Streams Cost eBay Sellers Dearly

Post Syndicated from Andy original https://torrentfreak.com/pirate-kodi-boxes-infringing-streams-cost-ebay-sellers-dearly-180209/

Those on the look out for ready-configured pirate set-top boxes can drift around the web looking at hundreds of options or head off to the places most people know best – eBay and Facebook.

Known for its ease of use and broad range of content, eBay is often the go-to place for sellers looking to offload less than legitimate stock. Along with Facebook, it’s become one of the easiest places online to find so-called Kodi boxes.

While the Kodi software itself is entirely legal, millions of people have their boxes configured for piracy purposes and eBay and Facebook provide a buying platform for those who don’t want to do the work themselves.

Sellers generally operate with impunity but according to news from the Premier League and anti-piracy partners Federation Against Copyright Theft (FACT), that’s not always the case.

FACT reports that a supplier of ISDs (Illicit Streaming Devices) that came pre-loaded for viewing top-tier football without permission has agreed to pay the Premier League thousands of pounds.

Nayanesh Patel from Harrow, Middlesex, is said to have sold Kodi-type boxes on eBay and Facebook but got caught in the act. As a result he’s agreed to cough up £18,000, disable his website, remove all advertising, and cease future sales.

A second individual, who isn’t named, allegedly sold subscriptions to illegal streams of Premier League football via eBay. He too was tracked down and eventually agreed to pay £8,000 and cease all future streams sales.

“This case shows there are serious consequences for sellers of pre-loaded boxes and is a warning for anyone who thinks they might get away with this type of activity,” says Premier League Director of Legal Services, Kevin Plumb.

“The Premier League is currently engaged in a comprehensive copyright protection programme that includes targeting and taking action against sellers of pre-loaded devices, and any ISPs or hosts that facilitate the broadcast of pirated Premier League content.”

The number of individuals selling pirate set-top devices and IPTV-style subscription packages on eBay and social media has grown to epidemic proportions, so perhaps the biggest surprise is that there aren’t more cases like these. Importantly, however, these apparent settlement agreements are a step back from the criminal prosecutions we’ve seen in the past.

Previously, individuals under FACT’s spotlight have tended to be targeted by the police, with all the drawn-out misery that entails. While these cash settlements are fairly hefty, they appear to be in lieu of law enforcement involvement, not inconsiderable solicitors bills, and potential jail sentences. For a few unlucky sellers, this could prove the more attractive option.

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

Jailed Streaming Site Operator Hit With Fresh $3m Damages Lawsuit

Post Syndicated from Andy original https://torrentfreak.com/jailed-streaming-site-operator-hit-with-fresh-3m-damages-lawsuit-180207/

After being founded more than half a decade ago, Swefilmer grew to become Sweden’s most popular movie and TV show streaming site. It was only a question of time before authorities stepped in to bring the show to an end.

In 2015, a Swedish operator of the site in his early twenties was raided by local police. A second man, Turkish and in his late twenties, was later arrested in Germany.

The pair, who hadn’t met in person, appeared before the Varberg District Court in January 2017, accused of making more than $1.5m from their activities between November 2013 and June 2015.

The prosecutor described Swefilmer as “organized crime”, painting the then 26-year-old as the main brains behind the site and the 23-year-old as playing a much smaller role. The former was said to have led a luxury lifestyle after benefiting from $1.5m in advertising revenue.

The sentences eventually handed down matched the defendants’ alleged level of participation. While the younger man received probation and community service, the Turk was sentenced to serve three years in prison and ordered to forfeit $1.59m.

Very quickly it became clear there would be an appeal, with plaintiffs represented by anti-piracy outfit RightsAlliance complaining that their 10m krona ($1.25m) claim for damages over the unlawful distribution of local movie Johan Falk: Kodnamn: Lisa had been ruled out by the Court.

With the appeal hearing now just a couple of weeks away, Swedish outlet Breakit is reporting that media giant Bonnier Broadcasting has launched an action of its own against the now 27-year-old former operator of Swefilmer.

According to the publication, Bonnier’s pay-TV company C More, which distributes for Fox, MGM, Paramount, Universal, Sony and Warner, is set to demand around 24m krona ($3.01m) via anti-piracy outfit RightsAlliance.

“This is about organized crime and grossly criminal individuals who earned huge sums on our and others’ content. We want to take every opportunity to take advantage of our rights,” says Johan Gustafsson, Head of Corporate Communications at Bonnier Broadcasting.

C More reportedly filed its lawsuit at the Stockholm District Court on January 30, 2018. At its core are four local movies said to have been uploaded and made available via Swefilmer.

“C More would probably never even have granted a license to [the operator] to make or allow others to make the films available to the public in a similar way as [the operator] did, but if that had happened, the fee would not be less than 5,000,000 krona ($628,350) per film or a total of 20,000,000 krona ($2,513,400),” C More’s claim reads.

Speaking with Breakit, lawyer Ansgar Firsching said he couldn’t say much about C More’s claims against his client.

“I am very surprised that two weeks before the main hearing [C More] comes in with this requirement. If you open another front, we have two trials that are partly about the same thing,” he said.

Firsching said he couldn’t elaborate at this stage but expects his client to deny the claim for damages. C More sees things differently.

“Many people live under the illusion that sites like Swefilmer are driven by idealistic teens in their parents’ basements, which is completely wrong. This is about organized crime where our content is used to generate millions and millions in revenue,” the company notes.

The appeal in the main case is set to go ahead February 20th.

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

China to Start Blocking Unauthorized VPN Providers This April

Post Syndicated from Andy original https://torrentfreak.com/china-to-start-blocking-unauthorized-vpn-providers-this-april-180203/

Back in January 2017, China’s Ministry of Industry and Information Technology announced a 14-month campaign to crack down on ‘unauthorized’ Internet platforms.

China said that Internet technologies and services had been expanding in a “disorderly” fashion, so regulation was required. No surprise then that the campaign targeted censorship-busting VPN services, which are used by citizens and corporations to traverse the country’s Great Firewall.

Heralding a “nationwide Internet network access services clean-up”, China warned that anyone operating such a service would require a government telecommunications business license. It’s now been more than a year since that announcement and much has happened in the interim.

In July 2017, Apple removed 674 VPN apps from its App Store and in September, a local man was jailed for nine months for selling VPN software. In December, another man was jailed for five-and-a-half years for selling a VPN service without an appropriate license from the government.

This week the government provided an update on the crackdown, telling the media that it will begin forcing local and foreign companies and individuals to use only government-approved systems to access the wider Internet.

Ministry of Industry and Information Technology (MIIT) chief engineer Zhang Feng reiterated earlier comments that VPN operators must be properly licensed by the government, adding that unlicensed VPNs will be subjected to new rules which come into force on March 31. The government plans to block unauthorized VPN providers, official media reported.

“We want to regulate VPNs which unlawfully conduct cross-border operational activities,” Zhang told reporters.

“Any foreign companies that want to set up a cross-border operation for private use will need to set up a dedicated line for that purpose,” he said.

“They will be able to lease such a line or network legally from the telecommunications import and export bureau. This shouldn’t affect their normal operations much at all.”

Radio Free Asia reports that state-run telecoms companies including China Mobile, China Unicom, and China Telecom, which are approved providers, have all been ordered to prevent their 1.3 billion subscribers from accessing blocked content with VPNs.

“The campaign aims to regulate the market environment and keep it fair and healthy,” Zhang added. “[As for] VPNs which unlawfully conduct cross-border operational activities, we want to regulate this.”

So, it appears that VPN providers are still allowed in China, so long as they’re officially licensed and approved by the government. However, in order to get that licensing they need to comply with government regulations, which means that people cannot use them to access content restricted by the Great Firewall.

All that being said, Zhang is reported as saying that people shouldn’t be concerned that their data is insecure as a result – neither providers nor the government are able to access content sent over a state-approved VPN service, he claimed.

“The rights for using normal intentional telecommunications services is strictly protected,” said Zhang, adding that regulation means that communications are “secure”.

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

Weekly roundup: Potpourri 2

Post Syndicated from Eevee original https://eev.ee/dev/2018/01/23/weekly-roundup-potpourri-2/

  • blog: I wrote a birthday post, as is tradition. I finally finished writing Game Night 2, a full month after we actually played those games.

  • art: I put together an art improvement chart for last year, after skipping doing it in July, tut tut. Kind of a weird rollercoaster!

    I worked a teeny bit on two one-off comics I guess but they aren’t reeeally getting anywhere fast. Comics are hard.

    I made a banner for Strawberry Jam 2 which I think came out fantastically!

  • games: I launched Strawberry Jam 2, a month-long February game jam about making horny games. I will probably be making a horny game for it.

  • idchoppers: I took another crack at dilation. Some meager progress, maybe. I think I’m now porting bad academic C++ to Rust to get the algorithm I want, and I can’t help but wonder if I could just make up something of my own faster than this.

  • fox flux: I did a bunch of brainstorming and consolidated a bunch of notes from like four different places, which feels like work but also feels like it doesn’t actually move the project forward.

  • anise!!: Ah, yes, this fell a bit by the wayside. Some map work, some attempts at a 3D effect for a particular thing without much luck (though I found a workaround in the last couple days).

  • computers: I relieved myself of some 200 browser tabs, which feels fantastic, though I’ve since opened like 80 more. Alas. I also tried to put together a firejail profile for running mystery games from the internet, and I got like 90% of the way there, but it turns out there’s basically no way to stop an X application from reading all keyboard input.

    (Yes, I know about that, and I tried it. Yes, that too.)

I’ve got a small pile of little projects that are vaguely urgent, so as much as I’d love to bash my head against idchoppers for a solid week, I’m gonna try to focus on getting a couple half-done things full-done. And maybe try to find time for art regularly so I don’t fall out of practice? Huff puff.

Pirate Streaming on Facebook is a Seriously Risky Business

Post Syndicated from Andy original https://torrentfreak.com/pirate-streaming-on-facebook-is-a-seriously-risky-business-180114/

For more than a year the British public has been warned about the supposed dangers of Kodi piracy.

Dozens of headlines have claimed consequences ranging from system-destroying malware to prison sentences. Fortunately, most of them can be filed under “tabloid nonsense.”

That being said, there is an extremely important issue that deserves much closer attention, particularly given a shift in the UK legal climate during 2017. We’re talking about live streaming copyrighted content on Facebook, which is both incredibly easy and frighteningly risky.

This week it was revealed that 34-year-old Craig Foster from the UK had been given an ultimatum from Sky to pay a £5,000 settlement fee. The media giant discovered that he’d live-streamed the Anthony Joshua v Wladimir Klitschko fight on Facebook and wanted compensation to make a potential court case disappear.

While it may seem initially odd to use the word, Foster was lucky.

Under last year’s Digital Economy Act, he could’ve been jailed for up to ten years for distributing copyright-infringing content to the public, if he had “reason to believe that communicating the work to the public [would] cause loss to the owner of the copyright, or [would] expose the owner of the copyright to a risk of loss.”

Clearly, as a purchaser of the £19.95 pay-per-view himself, he would’ve appreciated that the event costs money. With that in mind, a court would likely find that he would have been aware that Sky would have been exposed to a “risk of loss”. Sky claim that 4,250 people watched the stream but the way the law is written, no specific level of loss is required for a breach of the law.

But it’s not just the threat of a jail sentence that’s the problem. People streaming live sports on Facebook are sitting ducks.

In Foster’s case, the fight he streamed was watermarked, which means that Sky put a tracking code into it which identified him personally as the buyer of the event. When he (or his friend, as Foster claims) streamed it on Facebook, it was trivial for Sky to capture the watermark and track it back to his Sky account.

Equally, it would be simplicity itself to see that the name on the Sky account had exactly the same name and details as Foster’s Facebook account. So, to most observers, it would appear that not only had Foster purchased the event, but he was also streaming it to Facebook illegally.

It’s important to keep something else in mind. No cooperation between Sky and Facebook would’ve been necessary to obtain Foster’s details. Take the amount of information most people share on Facebook, combine that with the information Sky already had, and the company’s anti-piracy team would have had a very easy job.

Now compare this situation with an upload of the same stream to a torrent site.

While the video capture would still contain Foster’s watermark, which would indicate the source, to prove he also distributed the video Sky would’ve needed to get inside a torrent swarm. From there they would need to capture the IP address of the initial seeder and take the case to court, to force an ISP to hand over that person’s details.

Presuming they were the same person, Sky would have a case, with a broadly similar level of evidence to that presented in the current matter. However, it would’ve taken them months to get their man and cost large sums of money to get there. It’s very unlikely that £5,000 would cover the costs, meaning a much, much bigger bill for the culprit.

Or, confident that Foster was behind the leak based on the watermark alone, Sky could’ve gone straight to the police. That never ends well.

The bottom line is that while live-streaming on Facebook is simplicity itself, people who do it casually from their own account (especially with watermarked content) are asking for trouble.

Nailing Foster was the piracy equivalent of shooting fish in a barrel but the worrying part is that he probably never gave his (or his friend’s…) alleged infringement a second thought. With a click or two, the fight was live and he was staring down the barrel of a potential jail sentence, had Sky not gone the civil route.

It’s scary stuff and not enough is being done to warn people of the consequences. Forget the scare stories attempting to deter people from watching fights or movies on Kodi, thoughtlessly streaming them to the public on social media is the real danger.

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

Is Your Kodi Setup Being Spied On?

Post Syndicated from Andy original https://torrentfreak.com/is-your-kodi-setup-being-spied-on-180101/

As quite possibly the most people media player on earth, Kodi is installed on millions of machines – around 38 million according to the MPAA. The software has a seriously impressive range of features but one, if not configured properly, raises security issues for Kodi users.

For many years, Kodi has had a remote control feature, whereby the software can be remotely managed via a web interface.

This means that you’re able to control your Kodi setup installed on a computer or set-top box using a convenient browser-based interface on another device, from the same room or indeed anywhere in the world. Earlier versions of the web interface look like the one in the image below.

The old Kodi web-interface – functional but basic

But while this is a great feature, people don’t always password-protect the web-interface, meaning that outsiders can access their Kodi setups, if they have that person’s IP address and a web-browser. In fact, the image shown above is from a UK Kodi user’s setup that was found in seconds using a specialist search engine.

While the old web-interface for Kodi was basically a remote control, things got more interesting in late 2016 when the much more functional Chorus2 interface was included in Kodi by default. It’s shown in the image below.

Chorus 2 Kodi Web-Interface

Again, the screenshot above was taken from the setup of a Kodi user whose setup was directly open to the Internet. In every way the web-interface of Kodi acts as a web page, allowing anyone with the user’s IP address (with :8080 appended to the end) to access the user’s setup. It’s no different than accessing Google with an IP address (216.58.216.142), instead of Google.com.

However, Chorus 2 is much more comprehensive that its predecessors which means that it’s possible for outsiders to browse potentially sensitive items, including their addons if a password hasn’t been enabled in the appropriate section in Kodi.

Kodi users probably don’t want this seen in public

While browsing someone’s addons isn’t the most engaging thing in the world, things get decidedly spicier when one learns that the Chorus 2 interface allows both authorized and unauthorized users to go much further.

For example, it’s possible to change Kodi’s system settings from the interface, including mischievous things such as disabling keyboards and mice. As seen (or not seen) in the redacted section in the image below, it can also give away system usernames, for example.

Access to Kodi settings – and more

But aside from screwing with people’s settings (which is both pointless and malicious), the Chorus 2 interface has a trick up its sleeve. If people’s Kodi setups contain video or music files (which is what Kodi was originally designed for), in many cases it’s possible to play these over the web interface.

In basic terms, someone with your IP address can view the contents of your video library on the other side of the world, with just a couple of clicks.

The image below shows that a Kodi setup has been granted access to some kind of storage (network or local disk, for example) and it can be browsed, revealing movies. (To protect the user, redactions have been made to remove home video titles, network, and drive names)

Network storage accessed via Chorus 2

The big question is, however, whether someone accessing a Kodi setup remotely can view these videos via a web browser. Answer: Absolutely.

Clicking through on each piece of media reveals a button to the right of its title. Clicking that reveals two options – ‘Queue in Kodi’ (to play on the installation itself) or ‘Download’, which plays/stores the content via a remote browser located anywhere in the world. Chrome works like a charm.

Queue to Kodi or watch remotely in a browser

While this is ‘fun’ and potentially useful for outsiders looking for content, it’s not great if it’s your system that’s open to the world. The good news is that something can be done about it.

In their description for Chorus 2, the Kodi team explain all of its benefits of the interface but it appears many people don’t take their advice to introduce a new password. The default password and username are both ‘kodi’ which is terrible for security if people leave things the way they are.

If you run Kodi, now is probably the time to fix the settings, disable the web interface if you don’t use it, or enable stronger password protection if you do.

Change that password – now

Just recently, Kodi addon repository TVAddons issued a warning to people using jailbroken Apple TV 2 devices. That too was a default password issue and one that can be solved relatively easily.

“People need to realize that their Kodi boxes are actually mini computers and need to be treated as such,” a TVAddons spokesperson told TF.

“When you install a build, or follow a guide from an unreputable source, you’re opening yourself up to potential risk. Since Kodi boxes aren’t normally used to handle sensitive data, people seem to disregard the potential risks that are posed to their network.”

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

PS4 4.05 Kernel Exploit Released, Full Jailbreak Round the Corner

Post Syndicated from Andy original https://torrentfreak.com/ps4-4-05-kernel-exploit-released-full-jailbreak-round-the-corner-171227/

Most custom hardware is seriously locked down these days, with many corporations viewing any tinkering with their machines as unacceptable at best, illegal at worst.

When people free computing hardware – so-called jailbreaking – it can be used for almost any purpose. The famous Cydia, for example, created a whole alternative iOS app store, one free of the constraints of Apple.

Of course, jailbreaking has also become synonymous with breaking fundamental copy protection, allowing pirated software to run on a range of devices from cellphones to today’s cutting-edge games consoles. The flip side of that coin is that people are also able to run so-called ‘homebrew’ code, programs developed by hobbyists for purposes that do not breach copyright law.

This ‘dual use’ situation means that two separate sets of communities get excited when exploits are found for key hardware. That’s been the case for some time now with two sets of developers – Team Fail0verflow and Specter – revealing work on a kernel exploit for firmware 4.05 on Playstation 4.

In November, Wololo published an interview with Specter and two days ago received direct confirmation that the exploit would be published soon. That moment has now arrived.

As noted in Specter’s tweet, the release is available on Github, where the developer provides more details.

“In this project you will find a full implementation of the ‘namedobj’ kernel exploit for the PlayStation 4 on 4.05,” Specter writes.

“It will allow you to run arbitrary code as kernel, to allow jailbreaking and kernel-level modifications to the system.”

The news that the exploit can enable a jailbreak is huge news for fans of the scene, who will be eagerly standing by for the next piece of the puzzle which is likely to be just around the corner.

Still, Specter is wisely exercising caution when it comes to the more risky side of his exploit – the potential for running homebrew and, of course, pirate games. He doesn’t personally include code for directly helping either.

“This release however, does not contain any code related to defeating anti-piracy mechanisms or running homebrew,” he notes.

That being said, the exploit clearly has potential and Specter has opened up a direct channel for those wishing to take things to the next level. He reveals that the exploit contains a loader that listens for a payload and once it receives it, executes it automatically.

“I’ve also uploaded a test payload you can use after the kernel exploit runs that jailbreaks and patches the kernel to allow access to debug settings, just needs to be netcatted to the loader via port 9020,” he concludes.

That’s likely to prove very attractive to those with a penchant for tinkering. Let’s see which direction this goes.

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