Tag Archives: justice

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Growing up alongside tech

Post Syndicated from Eevee original https://eev.ee/blog/2017/08/09/growing-up-alongside-tech/

IndustrialRobot asks… or, uh, asked last month:

industrialrobot: How has your views on tech changed as you’ve got older?

This is so open-ended that it’s actually stumped me for a solid month. I’ve had a surprisingly hard time figuring out where to even start.


It’s not that my views of tech have changed too much — it’s that they’ve changed very gradually. Teasing out and explaining any one particular change is tricky when it happened invisibly over the course of 10+ years.

I think a better framework for this is to consider how my relationship to tech has changed. It’s gone through three pretty distinct phases, each of which has strongly colored how I feel and talk about technology.

Act I

In which I start from nothing.

Nothing is an interesting starting point. You only really get to start there once.

Learning something on my own as a kid was something of a magical experience, in a way that I don’t think I could replicate as an adult. I liked computers; I liked toying with computers; so I did that.

I don’t know how universal this is, but when I was a kid, I couldn’t even conceive of how incredible things were made. Buildings? Cars? Paintings? Operating systems? Where does any of that come from? Obviously someone made them, but it’s not the sort of philosophical point I lingered on when I was 10, so in the back of my head they basically just appeared fully-formed from the æther.

That meant that when I started trying out programming, I had no aspirations. I couldn’t imagine how far I would go, because all the examples of how far I would go were completely disconnected from any idea of human achievement. I started out with BASIC on a toy computer; how could I possibly envision a connection between that and something like a mainstream video game? Every new thing felt like a new form of magic, so I couldn’t conceive that I was even in the same ballpark as whatever process produced real software. (Even seeing the source code for GORILLAS.BAS, it didn’t quite click. I didn’t think to try reading any of it until years after I’d first encountered the game.)

This isn’t to say I didn’t have goals. I invented goals constantly, as I’ve always done; as soon as I learned about a new thing, I’d imagine some ways to use it, then try to build them. I produced a lot of little weird goofy toys, some of which entertained my tiny friend group for a couple days, some of which never saw the light of day. But none of it felt like steps along the way to some mountain peak of mastery, because I didn’t realize the mountain peak was even a place that could be gone to. It was pure, unadulterated (!) playing.

I contrast this to my art career, which started only a couple years ago. I was already in my late 20s, so I’d already spend decades seeing a very broad spectrum of art: everything from quick sketches up to painted masterpieces. And I’d seen the people who create that art, sometimes seen them create it in real-time. I’m even in a relationship with one of them! And of course I’d already had the experience of advancing through tech stuff and discovering first-hand that even the most amazing software is still just code someone wrote.

So from the very beginning, from the moment I touched pencil to paper, I knew the possibilities. I knew that the goddamn Sistine Chapel was something I could learn to do, if I were willing to put enough time in — and I knew that I’m not, so I’d have to settle somewhere a ways before that. I knew that I’d have to put an awful lot of work in before I’d be producing anything very impressive.

I did it anyway (though perhaps waited longer than necessary to start), but those aren’t things I can un-know, and so I can never truly explore art from a place of pure ignorance. On the other hand, I’ve probably learned to draw much more quickly and efficiently than if I’d done it as a kid, precisely because I know those things. Now I can decide I want to do something far beyond my current abilities, then go figure out how to do it. When I was just playing, that kind of ambition was impossible.


So, I played.

How did this affect my views on tech? Well, I didn’t… have any. Learning by playing tends to teach you things in an outward sprawl without many abrupt jumps to new areas, so you don’t tend to run up against conflicting information. The whole point of opinions is that they’re your own resolution to a conflict; without conflict, I can’t meaningfully say I had any opinions. I just accepted whatever I encountered at face value, because I didn’t even know enough to suspect there could be alternatives yet.

Act II

That started to seriously change around, I suppose, the end of high school and beginning of college. I was becoming aware of this whole “open source” concept. I took classes that used languages I wouldn’t otherwise have given a second thought. (One of them was Python!) I started to contribute to other people’s projects. Eventually I even got a job, where I had to work with other people. It probably also helped that I’d had to maintain my own old code a few times.

Now I was faced with conflicting subjective ideas, and I had to form opinions about them! And so I did. With gusto. Over time, I developed an idea of what was Right based on experience I’d accrued. And then I set out to always do things Right.

That’s served me decently well with some individual problems, but it also led me to inflict a lot of unnecessary pain on myself. Several endeavors languished for no other reason than my dissatisfaction with the architecture, long before the basic functionality was done. I started a number of “pure” projects around this time, generic tools like imaging libraries that I had no direct need for. I built them for the sake of them, I guess because I felt like I was improving some niche… but of course I never finished any. It was always in areas I didn’t know that well in the first place, which is a fine way to learn if you have a specific concrete goal in mind — but it turns out that building a generic library for editing images means you have to know everything about images. Perhaps that ambition went a little haywire.

I’ve said before that this sort of (self-inflicted!) work was unfulfilling, in part because the best outcome would be that a few distant programmers’ lives are slightly easier. I do still think that, but I think there’s a deeper point here too.

In forgetting how to play, I’d stopped putting any of myself in most of the work I was doing. Yes, building an imaging library is kind of a slog that someone has to do, but… I assume the people who work on software like PIL and ImageMagick are actually interested in it. The few domains I tried to enter and revolutionize weren’t passions of mine; I just happened to walk through the neighborhood one day and decided I could obviously do it better.

Not coincidentally, this was the same era of my life that led me to write stuff like that PHP post, which you may notice I am conspicuously not even linking to. I don’t think I would write anything like it nowadays. I could see myself approaching the same subject, but purely from the point of view of language design, with more contrasts and tradeoffs and less going for volume. I certainly wouldn’t lead off with inflammatory puffery like “PHP is a community of amateurs”.

Act III

I think I’ve mellowed out a good bit in the last few years.

It turns out that being Right is much less important than being Not Wrong — i.e., rather than trying to make something perfect that can be adapted to any future case, just avoid as many pitfalls as possible. Code that does something useful has much more practical value than unfinished code with some pristine architecture.

Nowhere is this more apparent than in game development, where all code is doomed to be crap and the best you can hope for is to stem the tide. But there’s also a fixed goal that’s completely unrelated to how the code looks: does the game work, and is it fun to play? Yes? Ship the damn thing and forget about it.

Games are also nice because it’s very easy to pour my own feelings into them and evoke feelings in the people who play them. They’re mine, something with my fingerprints on them — even the games I’ve built with glip have plenty of my own hallmarks, little touches I added on a whim or attention to specific details that I care about.

Maybe a better example is the Doom map parser I started writing. It sounds like a “pure” problem again, except that I actually know an awful lot about the subject already! I also cleverly (accidentally) released some useful results of the work I’ve done thusfar — like statistics about Doom II maps and a few screenshots of flipped stock maps — even though I don’t think the parser itself is far enough along to release yet. The tool has served a purpose, one with my fingerprints on it, even without being released publicly. That keeps it fresh in my mind as something interesting I’d like to keep working on, eventually. (When I run into an architecture question, I step back for a while, or I do other work in the hopes that the solution will reveal itself.)

I also made two simple Pokémon ROM hacks this year, despite knowing nothing about Game Boy internals or assembly when I started. I just decided I wanted to do an open-ended thing beyond my reach, and I went to do it, not worrying about cleanliness and willing to accept a bumpy ride to get there. I played, but in a more experienced way, invoking the stuff I know (and the people I’ve met!) to help me get a running start in completely unfamiliar territory.


This feels like a really fine distinction that I’m not sure I’m doing justice. I don’t know if I could’ve appreciated it three or four years ago. But I missed making toys, and I’m glad I’m doing it again.

In short, I forgot how to have fun with programming for a little while, and I’ve finally started to figure it out again. And that’s far more important than whether you use PHP or not.

Foxtel Targets 128 Torrent & Streaming Domains For Blocking Down Under

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Seller of ‘Fully Loaded’ Kodi Boxes Pleads Guilty to Money Laundering

Post Syndicated from Andy original https://torrentfreak.com/seller-of-fully-loaded-kodi-boxes-pleads-guilty-to-money-laundering-170806/

In June 2015, police and Trading Standards officers in the UK carried out raids on sellers of Android boxes configured to receive unauthorized content. One seller, operating from GeekyKit.com, told customers that his physical shops would be shutting down.

“As you may be aware we were visited yesterday by Sky [television] in conjunction with Trading Standards. Whilst we continue to investigate our position the stores will remain closed and support will remain suspended. Our sincere apologies for any inconvenience caused,” he explained.

Julian Allen was arrested after raids at ‘Geeky Kit’ premises in Billingham and Middlesbrough in the north of England. One of the locations is pictured below.

Despite the seriously incriminating storefront claims, Allen insisted that his businesses couldn’t be held responsible for copyrighted TV shows, movies and sports received by customers on boxes his company supplied.

“We do not control the content that is accessible on the internet via the product that we sell. We are currently working with Trading Standards to ensure that we can sell our products whilst adhering to UK copyright laws,” he said.

This January, Allen appeared before Teesside Crown Court charged with laundering £135,173, money said to have been generated via the sale of pre-loaded set-top boxes and premium packages over a 30-month period.

Allen was expected to appear for a week-long trial scheduled to start this Monday but that was scrapped after the 40-year-old pleaded guilty to using or acquiring criminal property.

According to Gazette Live, a proceeds of crime hearing has been scheduled for next year. In the meantime, Allen was granted unconditional bail until sentencing on October 20, where he faces a potential jail sentence.

“I don’t know what the sentence will be until all the matters are known,” the judge said.

Ever since a European Court of Justice ruling earlier this year that found that selling “fully-loaded” streaming boxes are illegal, people in a similar position to Allen have seen their cases take a turn for the worse.

One such case, involving Middlesbrough shopkeeper Brian Thompson, appears to be progressing under different legislation, however. Thompson stands 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.

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

Dutch Film Distributor to Target BitTorrent Users For Cash ‘Fines’

Post Syndicated from Andy original https://torrentfreak.com/dutch-film-distributor-to-target-bittorrent-users-for-cash-fines-170802/

For many carefree years, Dutch Internet users were allowed to download copyrighted content, provided it was for their own personal use. In 2014, however, the European Court of Justice ruled that the country’s “piracy levy” to compensate rightsholders was unlawful. An immediate downloading ban followed.

That action took place more than three years ago but as recently reported by Dutch anti-piracy BREIN, the country still has an appetite for unauthorized content consumption. Some of that takes place with the assistance of torrent sites but for the most part, file-sharers have had little to worry about.

That could all be about to change with the news that local film distributor Dutch Filmworks (DFW) has announced its intention to monitor torrent site users and collect data on their online activities. The news comes via the Dutch Data Protection Authority (Autoriteit Persoonsgegevens), which needs to be formally advised in order for the data collection to go ahead.

DFW’s plans are outlined in a detailed application (Dutch, pdf) dated July 2017. It explains that DFW wishes to combat “the unlawful dissemination of copyright protected works” in order to protect their own interests, and this involves collecting data on Dutch individuals without their knowledge or permission.

“DFW intends to collect data from people who exchange files over the Internet through BitTorrent networks. The data processing consists of capturing proof of exchange of files via IP addresses for the purpose of researching involvement of these users in the distribution or reproduction of copyrighted works,” it reads.

DFW will employ an external German-based tracking company to monitor alleged pirates which will “automatically participate in swarms in which works from DFW are being shared.” Data collected from non-Dutch users will be stripped and discarded but information about local pirates will be retained and processed for further action.

However, in order for DFW to connect an IP address with an individual, the company will have to approach Internet service providers to obtain subscriber information including names and addresses. DFW says that if ISPs won’t cooperate voluntarily, it will be forced to take its case to court. Given past experience, that will probably have to happen.

In March 2016, anti-piracy outfit BREIN obtained permission from the Dutch Data Protection Authority to collect similar data on alleged BitTorrent users, aiming to change attitudes among pirates with fines and legal action.

Several ISPs, most prominently Ziggo, announced that they would not voluntarily cooperate with BREIN and that personal information would only be handed over if BREIN took them to court. It’s logical to presume that Dutch Filmworks will receive the same treatment.

Should the company be successful, however, it has had detailed a stepped plan. First, the alleged pirate will receive a warning and DFW will aim to reach “an amicable settlement” for the breach. If one cannot be reached, further legal action could be taken, up to and including prosecution and claims for damages.

The whole scheme certainly sounds like a classic “copyright trolling” operation in the making but only time will tell which end of the spectrum this project will fall. When asked by NU.nl whether DFW would actually be seeking cash from alleged pirates, it declined to comment.

“This is the first step in this process. We’re going to see what we’re going to do after 25 August,” a spokesperson said.

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

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

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

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

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

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

The complaint against TVAddons

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

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

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

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

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

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

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

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

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

The interim injunction and Anton Piller Order

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

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

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

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

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

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

The search and interrogation of TVAddons’ operator

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

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

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

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

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

The Anton Piller controversy

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

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

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

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

Plaintiffs: We want to destroy TVAddons

And the problems continued.

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

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

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

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

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

Evidence preservation? More like a fishing trip

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

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

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

But he was only just getting started.

Plaintiffs unlawfully tried to destroy TVAddons before trial

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

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

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

So why the big turn around?

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

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

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

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

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

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

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

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

The order to return items previously seized

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

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

So the battle continues, and continue it will

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

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

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

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

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

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

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

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

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

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

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

Italian ISPs Say New Copyright Amendment Infringes Human Rights

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The KickassTorrents Shutdown, One Year Later

Post Syndicated from Ernesto original https://torrentfreak.com/the-kickasstorrents-shutdown-one-year-later-170720/

Exactly one year ago, on July 20th 2016, the torrent community was in dire straits.

Polish law enforcement officers had just apprehended Artem Vaulin, the alleged founder of KickassTorrents (KAT) at a local airport.

The arrest was part of a U.S. criminal case which also listed two other men as key players. At the time, KAT was the most-used torrent site around, so the authorities couldn’t have hit a more prominent target.

The criminal case was the end of the torrent site, but also the start of a lengthy court battle for the defendants.

To this day, Artem remains in Poland. He’s currently out on bail awaiting the final decision on the extradition request from the United States, while the other two defendants remain at large. If he is extradited, it’s expected that an extensive court battle will follow.

Although the original KickassTorrents is website no longer around, the ‘brand’ is still very much alive. Soon after the site went down several KAT copies and mirrors appeared. For many, however, the original site is still dearly missed.

The most prominent effort to create a replacement is the product of a group of well-known staffers from the original site. They began to rebuild the community by launching a forum for estranged KAT users last summer. A few months later they expanded their KATcr project to a full blown torrent site, mimicking the looks of the original.

Today, one year after it all started, we reach out to the new KATcr team to hear about their memories and future plans.

“Looking back it was shocking and disheartening for everyone, we know it happens but didn’t expect our ship to sink like that. We’ve written history there though, made many friends, learned a hell of a lot, and achieved so much,” Mr.Gooner recalls.

“It’s thanks to the original site and the loyal, supporting users that we were able to rebuild our ship and set sail again,” he adds.

While KATcr was able to put up a forum within days, getting fully organized was a more complex operation. Several former admins came on board, but without access to the original code or database, it took a few months to build a KAT replacement from scratch.

KATcr today

The site eventually relaunched as a full-blown torrent site last December. Although it doesn’t get as much traffic as the original KAT, many former users have found their way ‘back.’

“Minus a few hiccups and various other minor issues most new sites experience, traffic is increasing at a good rate. We are continuously improving and our name is well and truly out there now. The door is open and everyone is welcomed with open arms, we know all too well what it’s like to lose our home,” Mr.Gooner notes.

A lot of people would think twice before attempting to fill the shoes of a site that was hunted down by the US Department of Justice. However, the KATcr team believes that they are acting within the boundaries of the law.

“As far as we are concerned we operate to every letter of the law,” Mr.Gooner states in full confidence.

In the future, the site hopes to expand its userbase even further. Although it’s now been a year since the original KAT was pulled offline, the KATcr team prefers to look ahead, instead of dwelling in the past. There are some people who are still missed, but other than that, the focus is forward.

“I mostly miss those that are no longer with us. But rather than living in the past, the present day and the future is what matters, so we don’t tend to look back to miss anything else,” Mr.Gooner says.

Looking ahead is what alleged KickassTorrents operator Artem Vaulin will do as well. His concerns are different though.

The most pressing question that has to be answered in the near future is whether Poland will extradite him to the United States. Through his lawyers, he previously floated the idea of surrendering to the US voluntarily to “resolve” the pending charges, but only under the right conditions.

Meanwhile, he remains in Poland on bail.

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

BREIN Wants to Speed Up Dutch Pirate Bay Blockade

Post Syndicated from Ernesto original https://torrentfreak.com/brein-wants-to-speed-up-dutch-pirate-bay-blockade-170720/

While website blocking has become a common occurrence in many European countries, it has proven to be a rather cumbersome and slow-moving process in the Netherlands.

Seven years ago, Dutch anti-piracy group BREIN went to court to try and force local ISP Ziggo to block The Pirate Bay. Rival ISP XS4ALL later joined in on the action, which is still ongoing.

Initially, the court decided that blocking all subscribers went too far but BREIN wasn’t satisfied and took the case to a full trial, which they won.

Both Ziggo and XS4ALL filed subsequent appeals, arguing that the blockade was ineffective and denied subscribers’ free access to information, an argument which later proved successful.

The case eventually moved to the Supreme Court, which referred some questions to the European Court of Justice. The highest European court ruled that there are no legal obstacles to have a site like The Pirate Bay blocked, and now the ball is back with the Supreme Court again.

BREIN, however, has grown impatient and doesn’t want to wait until the Supreme Court comes to a final decision, which isn’t expected to happen before 2018. To speed things up, the anti-piracy group wants a new preliminary injunction at a lower court.

A new hearing on the Pirate Bay blockade is currently scheduled to take place at a court in The Hague early September, Tweakers reports.

BREIN director Tim Kuik informs TorrentFreak that the preliminary injunction will only be valid until the final verdict is handed down.

“We are requesting a preliminary injunction until the final decision in the procedural trial, now pending before the Dutch Supreme Court. After that, the final blocking decision applies,” Kuik says.

Kuik stresses that its action is supported by the recent EU Court of Justice ruling which clarified that The Pirate Bay facilitates copyright infringement, as well as an earlier ruling from 2014, which confirmed that EU Internet service providers can be required to block access to such sites.

Based on the second ruling, pirate site blockades are warranted if they make it harder for the public to access these sites. This is certainly the case here, according to Kuik, who refers to blockades in thirteen other EU countries.

In addition, the EU court stressed that blocking injunctions must be proportional, so as not to unnecessarily stop subscribers from lawfully accessing information.

Responding to the news, a Ziggo spokesman told Tweakers that BREIN is running ahead of itself. The provider is of the opinion that they have to wait for the Supreme Court to make a final decision before taking any further action.

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

Kim Dotcom Denied Access to Illegally Obtained Spy Recordings

Post Syndicated from Andy original https://torrentfreak.com/kim-dotcom-denied-access-to-illegally-obtained-spy-recordings-170720/

In the months leading up to the infamous raid on Kim Dotcom’s New Zealand mansion and his now defunct cloud storage site Megaupload, the entrepreneur was under surveillance.

Not only were the MPAA and RIAA amassing information, the governments of the United States and New Zealand were neck-deep in the investigation too, using the FBI and local police to gather information. What soon became evident, however, is that the authorities in New Zealand did so while breaking the rules.

Between 16 December 2011 to 22 March 2012, New Zealand used the Government Communications Security Bureau (GCSB) agency to spy on the private communications of Kim and Mona Dotcom, plus Megaupload co-defendant Bram van der Kolk. This was hugely problematic.

GCSB is an intelligence agency of the New Zealand government responsible for spying on external entities. It is forbidden by law from conducting surveillance on its own citizens or permanent residents in the country. His standing in the country meant that Dotcom should not have been spied on.

“Of course I apologize to Mr Dotcom, and I apologize to New Zealanders,” then New Zealand Prime Minister John Key later said.

Since it was established that New Zealand illegally spied on Dotcom, the Megaupload founder has been trying to find out what information the GCSB gathered about him, then wife Mona, and former colleague Bram van der Kolk. According to Dotcom, there was a total of 87 breaches, all of which the government wants to keep secret.

Since then, Dotcom has been fighting to gain access to the information GCSB illegally obtained, while seeking compensation for the damages caused.

In a ruling handed down this morning, the High Court details its findings in respect of a three-day hearing that took place early April 2017, during which GCSB said the raw, unredacted information should be withheld from Dotcom on national security grounds.

GCSB and the government argued that the public interest in the disclosure of the material is outweighed by the public interest in withholding it, adding that the security and defense of New Zealand would be compromised on the world stage.

For their part, the Dotcoms said that nondisclosure of the unredacted documents breaches their rights under the New Zealand Bill of Rights Act 1990. Given that any damages award is directly linked to the extent and nature of the illegal intrusions into their private lives, access to the documents is paramount.

That being the case, they argued that the public interest in disclosure outweighs any public interest in the information being withheld.

This morning, citing a 2013 Court of Appeal verdict that ruled the GCSB didn’t have to release the raw communications, Justice Murray Gilbert insisted that the recordings will not be released.

“A number of the redactions in the discovered documents are to protect the identity or contact details of personnel who were involved in or associated with the operation or copied into email communications concerning it,” Justice Gilbert wrote.

“It is hard to see how any of this information could be relevant to the relief that should be granted in this proceeding. Again, the public interest in withholding disclosure of this information far outweighs any public interest in its disclosure.”

In a statement, Kim Dotcom expressed his frustrations, noting that the government is doing everything it can to suppress details of the illegal surveillance.

“After being caught, the GCSB has fought to keep what it did, and how, a secret from me and from you, the New Zealand public. Worse, it seeks to hide behind ‘national security’ to keep the truth from us,” Dotcom said.

“To keep this secret, the GCSB applied to the High Court. It filed secret evidence and secret submissions. The GCSB’s lawyers were heard in a ‘closed’ court with the Judge, where they made secret submissions and secret witnesses gave secret evidence.”

Dotcom said neither his lawyers nor the public was allowed to be present during the hearing. And when his legal team could be heard, they were significantly hampered in their work.

“When my lawyers were heard, after that hearing, they had to make submissions as to why information they were not allowed to see, for reasons they were not allowed to know, should be disclosed. They were effectively shooting at a moving target, in the dark, with one hand tied behind their backs,” Dotcom said.

The Megaupload founder suggests there is there is a clear double-standard when he has to be tried in public for his alleged crimes, but when it comes to offenses carried out by the government, the process takes place behind closed doors.

“I will appeal this judgment and ask the Court of Appeal to shine some cleansing sunlight on what happened here. If there is transparency, there is accountability, and we can prevent this happening again,” he concludes.

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

Pirate App Store Operator Jailed for Criminal Copyright Infringement

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-app-store-operator-jailed-for-criminal-copyright-infringement-170710/

Assisted by police in France and the Netherlands, the FBI took down the “pirate” Android stores Appbucket, Applanet and SnappzMarket during the summer of 2012.

The domain seizures were the first ever against “rogue” mobile app marketplaces and followed similar actions against BitTorrent and streaming sites.

During the years that followed several people connected to the Android app sites were arrested and indicted. This is also true for the now 27-year-old Joshua Taylor, a resident of Kentwood, Michigan.

Taylor, who arranged SnappzMarket’s servers, was previously convicted of conspiracy to commit criminal copyright infringement and has now been sentenced (pdf) to 16 months in prison for his role in the operation.

According to the Department of Justice, SnappzMarket distributed more than one million pirated apps with a retail value exceeding $1.7 million.

In a sentencing memorandum, defense attorney John Lovell argued that his client never made any “profits” from his involvement, noting that the co-conspirators played a much more significant role.

“Josh Taylor is 27 years old with no other criminal history. His offense involved procuring storage space for the masterminds of the operation,” Lovell wrote. “SnappzMarket did not pay Josh. Whatever profits were generated by SnappzMarket were split between Sharp and Peterson.”

The court record further reveals that Taylor had a very tough childhood and was plagued by both mental and physical challenges.

According to the testimony from his psychologist Meredith Davis, he didn’t understand that he was committing a felonious act, and lacked the cognitive capacity do so intentionally.

The psychologist stressed that her client deeply regrets what happened and she doesn’t think it’s likely that would run into similar problems in the future.

“He has expressed a great deal of remorse for his involvement in the charged crime. Mr. Taylor possesses a high degree of vigilance to avoid any further contact with the law,” Davis wrote to the court.

Despite these arguments, U.S. District Judge Timothy Batten Sr. found a prison sentence appropriate.

While 16 months is significant, it’s not as much as 46 month prison sentence co-conspirator Scott Walton received earlier. Kody Peterson, another key SnappzMarket operator, only received a one year sentence but he agreed to do undercover work for the FBI.

Gary Edwin Sharp II, the only remaining defendant, previously pleaded guilty and is currently scheduled to be sentenced in November. Like the others, he also faces up to several years in prison.

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

The Future of Forgeries

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2017/07/the_future_of_f_1.html

This article argues that AI technologies will make image, audio, and video forgeries much easier in the future.

Combined, the trajectory of cheap, high-quality media forgeries is worrying. At the current pace of progress, it may be as little as two or three years before realistic audio forgeries are good enough to fool the untrained ear, and only five or 10 years before forgeries can fool at least some types of forensic analysis. When tools for producing fake video perform at higher quality than today’s CGI and are simultaneously available to untrained amateurs, these forgeries might comprise a large part of the information ecosystem. The growth in this technology will transform the meaning of evidence and truth in domains across journalism, government communications, testimony in criminal justice, and, of course, national security.

I am not worried about fooling the “untrained ear,” and more worried about fooling forensic analysis. But there’s an arms race here. Recording technologies will get more sophisticated, too, making their outputs harder to forge. Still, I agree that the advantage will go to the forgers and not the forgery detectors.

Could Pirate TV Box Users Be Prosecuted For Fraud?

Post Syndicated from Andy original https://torrentfreak.com/could-pirate-tv-box-users-be-prosecuted-for-fraud-170709/

With the issue of piracy-enabled set-top boxes still making the headlines, the English Premier League (EPL) has emerged as the most likely organization to prosecute sellers of infringing boxes in the UK.

However, last month the Federation Against Copyright Theft, who provide anti-piracy services for the EPL, revealed that mere users of boxes (such as those containing augmented Kodi setups) could be targeted for prosecution sometime in the future.

As noted in our earlier coverage, people who merely stream pirated content into their own homes are difficult to track online. They pose much greater challenges than BitTorrent users, for example, who can lead investigators straight to their door. But for FACT chief executive Kieron Sharp, there are opportunities to find people via non-technical means.

“When we’re working with the police against a company that’s selling IPTV boxes or illicit streaming devices on a large scale, they have records of who they’ve sold them to,” Sharp said.

The suggestion here is that box sellers’ customer lists contain the personal details of people who obtain Premier League and other content for free so, once identified, could be open to prosecution.

With conventional thinking under copyright law, prosecuting a set-top box/Kodi user for streaming content to his own home is a bit of a daunting prospect, not to mention an expensive one. Copyright cases are notoriously complicated and an individual putting up a spirited defense could cause problems for the prosecution. The inevitable light sentence wouldn’t provide much of a deterrent either.

With all that in mind, it appears that FACT is more interested in prosecuting under other legislation.

During an interview with BBC Radio 5 Live’s Chris Warburton this week, Sharp said that people streaming into their own homes are committing a criminal offense, i.e., something that could interest the police and attract a fine or custodial sentence.

“The law has always been the case that people who are doing something illegal, streaming in their own homes, through these devices, are committing a crime. What’s happened recently is that’s been clarified by an EU judge in one case and by a civil judge in another,” Sharp said.

The EU case was BREIN v Filmspeler, which in part determined that people who stream content from an illegal source do so in breach of copyright law. The judge in the civil case was Justice Arnold, who in a UK Premier League blocking case reached the same conclusion.

While it’s now fairly clear that streaming pirate content in the EU is indeed illegal, is a civil wrong, and can be dealt with by suing someone, it’s not immediately clear how that turns into a criminal offense. It wasn’t clear in the interview either, so Warburton pressed Sharp again.

“What is the bit of the law that you are breaking when you’re streaming, how are you committing a criminal act?” he asked Sharp.

“There are various pieces of legislation,” the FACT chief said. “The one we’ve been looking at is under the Fraud Act which would say you are committing a fraud by streaming these football matches through to your television, watching them at home, and not paying for the license to do so.”

At this point, everything begins to slot into place.

For the past several years through several high-profile Internet piracy cases, FACT has shied away from prosecutions under copyright law. Each time it has opted for offenses under the Fraud Act 2006, partly because longer sentences were available at the time, i.e., up to 10 years in prison.

However, earlier this year FACT’s lawyer revealed that prosecutions under the Fraud Act can be easier for a jury to understand than those actioned under copyright law.

With this wealth of experience in mind, it’s easy to see why FACT would take this route in set-top box cases, especially when fraud legislation is relatively easy to digest.

Possession etc. of articles for use in frauds

“A person is guilty of an offense if he has in his possession or under his control any article for use in the course of or in connection with any fraud,” the Fraud Act reads.

To clarify, an ‘article’ includes “any program or data held in electronic form,” which is perfect for infringing Kodi addons etc.

Given the above, it seems that if the Court can be convinced that the person knowingly possessed a pirate set-top box programmed for fraudulent purposes, there could, in theory, be a successful prosecution resulting in a prison sentence and/or a fine.

Obtaining services dishonestly

“A person is guilty of an offense under this section if he obtains services for himself or another….by a dishonest act, and….he [knowingly] obtains them without any payment having been made for or in respect of them or without payment having been made in full,” the relevant section of the Act reads.

There are probably other angles to this under the Fraud Act but these seem to fit so well that others might not be needed. But how likely is it that someone could be prosecuted in this manner?

Sharp reiterated to the BBC that FACT could get the identities of box buyers as part of investigations into sellers, and as part of that “would see what the situation is” with their customers.

“It may well be that in the future, somebody who is an end-user may well get prosecuted,” he said.

But while the possibilities are there, Sharp really didn’t seem that keen to commit to the hounding of stream consumers in the future, and certainly not now. FACT’s strategy appears to be grounded in getting the word out that people are breaking the law.

“[People] think they can get away with it and that’s an important message from our perspective, that they must understand that they are committing offenses, apart from all the other issues of why they should be paying for the legal product. This is something that should be of concern to them, that they are committing offenses,” Sharp said.

The big question that remains is whether FACT and the English Premier League would ever take a case against a regular end-user to court. History tells us that this is fairly unlikely, but if any case did end up in court, it would definitely be hand-picked for best results.

For example, someone who bought a box from eBay would probably be of no real interest, but someone who had extended email exchanges with a seller, during which they discussed in detail how to pirate English Premier League games specifically, would provide a more useful test subject.

And then, when there are two people involved (the knowingly infringing buyer and the seller, who would also be prosecuted) that also raises the question of whether there had been an element of conspiracy.

Overall though, what people probably want to know is whether lots of people are going to get prosecuted for fraud and the answer to that is almost certainly ‘no.’ Prosecutions against the little guy are resource hungry, expensive, offer little return, and tend to generate negative publicity if they’re perceived as vindictive.

A single highly publicized case is a possible outcome if FACT and the EPL got really desperate, but there’s no guarantee that the Crown Prosecution Service would allow the case to go ahead.

“Prosecutors should guard against the criminal law being used as a debt collection agency or to protect the commercial interests of companies and organizations,” recent CPS advice reads.

“However, prosecutors should also remain alert to the fact that such organizations can become the focus of serious and organized criminal offending.”

FACT could, of course, conduct a private prosecution, which they have done several times in the past. But that is a risk too, so it seems likely that education efforts will come first, to try and slow things down.

“Our desire has always been that sports fans, football fans, would pay for the commercial package, they would pay a fee to watch and that is still our position,” Sharp told the BBC.

“But working with our clients and members such as the Premier League and Sky and BT Sports, we have to consider all the options available to us, to put a bit of a brake on this problem because it’s growing all the time.”

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

Commentary on US Election Security

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2017/07/commentary_on_u.html

Good commentaries from Ed Felten and Matt Blaze.

Both make a point that I have also been saying: hacks can undermine the legitimacy of an election, even if there is no actual voter or vote manipulation.

Felten:

The second lesson is that we should be paying more attention to attacks that aim to undermine the legitimacy of an election rather than changing the election’s result. Election-stealing attacks have gotten most of the attention up to now — ­and we are still vulnerable to them in some places — ­but it appears that external threat actors may be more interested in attacking legitimacy.

Attacks on legitimacy could take several forms. An attacker could disrupt the operation of the election, for example, by corrupting voter registration databases so there is uncertainty about whether the correct people were allowed to vote. They could interfere with post-election tallying processes, so that incorrect results were reported­ an attack that might have the intended effect even if the results were eventually corrected. Or the attacker might fabricate evidence of an attack, and release the false evidence after the election.

Legitimacy attacks could be easier to carry out than election-stealing attacks, as well. For one thing, a legitimacy attacker will typically want the attack to be discovered, although they might want to avoid having the culprit identified. By contrast, an election-stealing attack must avoid detection in order to succeed. (If detected, it might function as a legitimacy attack.)

Blaze:

A hostile state actor who can compromise a handful of county networks might not even need to alter any actual votes to create considerable uncertainty about an election’s legitimacy. It may be sufficient to simply plant some suspicious software on back end networks, create some suspicious audit files, or add some obviously bogus names to to the voter rolls. If the preferred candidate wins, they can quietly do nothing (or, ideally, restore the compromised networks to their original states). If the “wrong” candidate wins, however, they could covertly reveal evidence that county election systems had been compromised, creating public doubt about whether the election had been “rigged”. This could easily impair the ability of the true winner to effectively govern, at least for a while.

In other words, a hostile state actor interested in disruption may actually have an easier task than someone who wants to undetectably steal even a small local office. And a simple phishing and trojan horse email campaign like the one in the NSA report is potentially all that would be needed to carry this out.

Me:

Democratic elections serve two purposes. The first is to elect the winner. But the second is to convince the loser. After the votes are all counted, everyone needs to trust that the election was fair and the results accurate. Attacks against our election system, even if they are ultimately ineffective, undermine that trust and ­ by extension ­ our democracy.

And, finally, a report from the Brennan Center for Justice on how to secure elections.

Half of All Football Fans Have Watched Illegal Streams

Post Syndicated from Andy original https://torrentfreak.com/half-of-all-football-fans-have-watched-illegal-streams-170704/

Being a fan of top-flight football in the UK is an expensive proposition. In 2016, the average price of a season ticket was just shy of £500 a season while watching on TV can cost more than £60 per month.

Of course, there are good reasons for these high prices. Premier League footballers are notoriously highly-paid and with TV rights recently changing hands for more than £5.3bn, money has to be recouped in the most basic of ways – from the fans’ pocket.

While this is a success up to a point, there’s a growing factor upsetting the money men. The rise of online streaming is a thorn in the side of English Premier League, who are having to deal with large numbers of fans obtaining live matches for free via the Internet. But just how many fans are going down this route?

The results of a new survey carried out by the BBC reveal some shocking but perhaps not entirely unexpected results. Carried out online by ComRes between 7 and 15 March among 1,000 fans, it shows that large numbers of fans prefer the free option.

The headline figure is that 36% of football supporters stream Premier League matches online illegally at least once every month, a figure that reduces to just under a quarter (22%) when the frequency is once a week.

However, when fans were asked whether they had ever watched a match through an unofficial online provider, close to half (47%) said they had done so. That’s certainly a worryingly high number for the Premier League.

And if one removes older fans from the equation, things only get worse.

Almost two-thirds (65%) of younger fans aged 18 to 34 say they illegally stream live football matches online at least once a month. Among older fans aged 34 to 54 the figure improves to 33%, dropping to just 13% for the over 55s.

With 29%, the top reason fans gave for streaming content illegally was because “a friend/family member does it and they just watch.” Whether this is fans simply being coy is unclear, but it does suggest that watching football illegally has become a communal pastime, something which can likely be attributed to the rise of set-top boxes running software like Kodi.

Almost a quarter (24%) believe that TV sports packages do not represent good value for money but the only shock here is that the number isn’t higher. It’s certainly possible that many ‘streaming’ fans would never have paid in the first place, so pricing might be less of a factor for them.

Interestingly, 25% of respondents say they stream matches illegally because the quality is good. This is interesting since while illicit streams are both cheap and convenient, quality and reliability isn’t usually high up the checklist. That being said, the BBC research doesn’t differentiate between free streams and cheap IPTV streams, and the latter can indeed rival an official service.

There are also a few interesting revelations when it comes to fans’ opinions on the legality of illicit streaming.

A small 12% of fans think the practice is legal, almost three times less than the number who say it is illegal (34%). Almost three-quarters (32%) don’t know the legal status of streaming from an illicit source.

Following a recent ruling from the European Court of Justice, it is now clear that streaming from an unlicensed source amounts to copyright infringement.

However, enforcing that legislation against people in their own homes would provide similar challenges to prosecuting people who ‘tape’ a friend’s record collection or watch pirate DVDs. It’s just not realistic.

Interestingly, 10% believe it is legal to watch but illegal to upload a stream. That was believed to be the case before the ECJ ruling, but the former has now been clarified.

Uploading streams is very, very much illegal (as is supplying ‘pirate’ boxes) and in the right circumstances could lead to a custodial sentence. However, no regular consumer does this through conventional streaming (through a Kodi-powered device, for example), so it’s a moot point.

A tiny 4% of people believe that unauthorized streaming is not breaking the law but that Sky or BT could still fine them if they found out, which is technically wrong on both counts.

That being said, proving someone watched a stream is extremely difficult and since copyright law in the UK requires that infringers compensate for the losses they’ve caused, any ‘fine’ imposed might only amount to the cost of a match, for example.

Again, the chances of this happening in any way are very unlikely and have certainly never happened to date, even though millions are watching streams via their computers and set-top boxes loaded with Kodi. This is something the Premier League wants to change.

“Fans should know that these pre-loaded boxes enable pirate broadcasts of Premier League football, and other popular content, and are illegal. People who supply them have been jailed or ordered to pay significant financial penalties,” a spokesman told the BBC.

“We are increasingly seeing prominent apps and add-ons being closed down as the law catches up with them, leading to consumers being out of pocket.

“The Premier League will continue to protect its copyright, and the legitimate investment made by its broadcasting partners. Their contribution allows our clubs to develop and acquire players, invest in facilities and support the wider football pyramid and communities – all things that fans enjoy and society benefits from.”

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

200 ‘Pirate’ Media Player Sellers Shut Down After EU Court Ruling

Post Syndicated from Andy original https://torrentfreak.com/200-pirate-media-player-sellers-shut-down-after-eu-court-ruling-170630/

The huge increase in popularity of piracy-configured set-top boxes has been nothing short of amazing over the past 18 months.

According to numerous reports, their use has become somewhat of an epidemic in Europe, prompting concern from anti-piracy organizations across the continent.

One group at the forefront is Dutch anti-piracy outfit BREIN, who took a case against a seller of ‘pirate’ boxes all the way to the European Court of Justice – and won.

Handed down in April, the decision concluded that selling devices pre-configured for piracy (such as those loaded with Kodi and third-party addons) is illegal under EU law.

While news of the decision was never likely to reach all sellers of ‘pirate’ boxes, those under the impression that sales occupied some kind of gray area were quickly corrected. That resulted in some sellers exiting the market and others changing the way they operate, such as selling boxes blank and expecting users to configure them themselves.

Due to the locality of the original case, sellers in the Netherlands were always likely to feel the impact of the ECJ ruling most initially, particularly with BREIN breathing down their collective necks. That has just been effectively confirmed by the anti-piracy group, with the news that around 200 ‘pirate’ media player sellers have ceased trading since the decision.

“This is a mixture of individuals and companies,” BREIN chief Tim Kuik informs TorrentFreak.

Kuik says that the sales were taking place via dedicated websites, online stores such as Amazon and eBay, plus social platforms including Facebook.

In an indication of how much in demand the devices are, the BREIN chief says that most of the sellers sold nothing else but ‘pirate’ boxes, to sustain a business or bring in some extra cash for the entrepreneurial individual.

Kuik says that 150 out of the 200 entities were contacted directly by BREIN, who advised them to stop what they’re doing to avoid things getting out of hand.

“Typically we send an explanatory letter with a cease and desist undertaking. Everyone gets the opportunity to settle. Most take it,” Kuik says.

Of course, others choose not to comply with BREIN’s demands, so for them, things have the potential to get more expensive and complicated, given the right conditions.

“We have now entered a phase in which willful infringement is assumed and this means no more warnings. If no settlement is reached the case will go to court. We have a couple of court cases under preparation,” Kuik explains.

This could mean a contested court case, which following the ECJ ruling is likely to end badly for anyone selling boxes filled with pirate addons. That being said, settling with BREIN can be expensive too.

“Providers who settle with BREIN pay up to 10,000 euros. Those who continue can count on a multiple of that. There’s a raw deal for those who think they’ll just get a warning. That time is now over.”

For those who ignore BREIN’s overtures and threats of legal action, there’s also the possibility of a case going ahead without them even being there.

“Under certain circumstances, an ex parte court order may be applied for,” Kuik concludes.

While the legality of such devices now seems completely clear in the EU, the market is yet to settle. Given past innovations, it’s more than likely that new avenues will open up to re-test the law to a new breaking point – and beyond.

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

Canada’s Supreme Court Orders Google to Remove Search Results Worldwide

Post Syndicated from Andy original https://torrentfreak.com/canadas-supreme-court-orders-google-remove-search-results-worldwide-170629/

Back in 2014, the case of Equustek Solutions Inc. v. Jack saw two Canadian entities battle over stolen intellectual property used to manufacture competing products.

Google had no direct links to the case, yet it became embroiled when Equustek Solutions claimed that Google’s search results helped to send visitors to websites operated by the defendants (former Equustek employees) who were selling unlawful products.

Google voluntarily removed links to the sites from its Google.ca (Canada) results, but Equustek demanded a more comprehensive response. It got one.

In a ruling handed down by a court in British Columbia, Google was ordered to remove the infringing websites’ listings from its central database in the United States, meaning that the ruling had worldwide implications.

Google filed an appeal hoping for a better result, arguing that it does not operate servers in British Columbia, nor does it operate any local offices. It also questioned whether the injunction could be enforced outside Canada’s borders.

Ultimately, the British Columbia Court of Appeal disappointed the search giant. In a June 2015 ruling, the Court decided that Google does indeed do business in the region. It also found that a decision to restrict infringement was unlikely to offend any overseas nation.

“The plaintiffs have established, in my view, that an order limited to the google.ca search site would not be effective. I am satisfied that there was a basis, here, for giving the injunction worldwide effect,” Justice Groberman wrote.

Undeterred, Google took its case all the way to the Supreme Court of Canada, hoping to limit the scope of the injunction by arguing that it violates freedom of expression. That effort has now failed.

In a 7-2 majority decision released Wednesday, Google was branded a “determinative player” in facilitating harm to Equustek.

“This is not an order to remove speech that, on its face, engages freedom of expression values, it is an order to de-index websites that are in violation of several court orders,” wrote Justice Rosalia Abella.

“We have not, to date, accepted that freedom of expression requires the facilitation of the unlawful sale of goods.”

With Google now required to delist the sites on a global basis, the big question is what happens when other players attempt to apply the ruling to their particular business sector. Unsurprisingly that hasn’t taken long.

The International Federation of the Phonographic Industry (IFPI), which supported Equustek’s position in the long-running case, welcomed the decision and said that Google must “take on the responsibility” to ensure it does not direct users to illegal sites.

“Canada’s highest court has handed down a decision that is very good news for rights holders both in Canada and around the world. Whilst this was not a music piracy case, search engines play a prominent role in directing users to illegal content online including illegal music sites,” said IFPI CEO, Frances Moore.

“If the digital economy is to grow to its full potential, online intermediaries, including search engines, must play their part by ensuring that their services are not used to facilitate the infringement of intellectual property rights.”

Graham Henderson, President and CEO of Music Canada, which represents Sony, Universal, Warner and others, also welcomed the ruling.

“Today’s decision confirms that online service providers cannot turn a blind eye to illegal activity that they facilitate; on the contrary, they have an affirmative duty to take steps to prevent the Internet from becoming a black market,” Henderson said.

But for every voice of approval from groups like IFPI and Music Canada, others raised concerns over the scope of the decision and its potential to create a legal and political minefield. In particular, University of Ottawa professor Michael Geist raised a number of interesting scenarios.

“What happens if a Chinese court orders [Google] to remove Taiwanese sites from the index? Or if an Iranian court orders it to remove gay and lesbian sites from the index? Since local content laws differ from country to country, there is a great likelihood of conflicts,” Geist said.

But rather than painting Google as the loser in this battle, Geist believes the decision actually grants the search giant more power.

“When it comes to Internet jurisdiction, exercising restraint and limiting the scope of court orders is likely to increase global respect for the law and the effectiveness of judicial decisions. Yet this decision demonstrates what many have feared: the temptation for courts will be to assert jurisdiction over online activities and leave it to the parties to sort out potential conflicts,” Geist says.

“In doing so, the Supreme Court of Canada has lent its support to global takedowns and vested more power in Internet intermediaries, who may increasingly emerge as the arbiters of which laws to follow online.”

Only time will tell how Google will react, but it’s clear there will be plenty of entities ready to test the limits and scope of the company’s responses to the ruling.

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

AWS GovCloud (US) and Amazon Rekognition – A Powerful Public Safety Tool

Post Syndicated from Jeff Barr original https://aws.amazon.com/blogs/aws/aws-govcloud-us-and-amazon-rekognition-a-powerful-public-safety-tool/

I’ve already told you about Amazon Rekognition and described how it uses deep neural network models to analyze images by detecting objects, scenes, and faces.

Today I am happy to tell you that Rekognition is now available in the AWS GovCloud (US) Region. To learn more, read the Amazon Rekognition FAQ, and the Amazon Rekognition Product Details, review the Amazon Rekognition Customer Use Cases, and then build your app using the information on the Amazon Rekognition for Developers page.

Motorola Solutions for Public Safety
While I have your attention, I would love to tell you how Motorola Solutions is exploring how Rekognition can enhance real-time intelligence for public safety personnel in the field and at the command center.

Motorola Solutions provides over 100,000 public safety and commercial customers in more than 100 countries with software, services, and tools for mobile intelligence and digital evidence management, many powered by images captured using body, dashboard, and stationary cameras. Due to the exceptionally sensitive nature of these images, they must be stored in an environment that meets stringent CJIS (Criminal Justice Information Systems) security standards defined by the FBI.

For several years, researchers at Motorola Solutions have been exploring the use of artificial intelligence. For example, they have built prototype applications that use Rekognition, Lex, and Polly in conjunction with their own software to scan images from a body-worn camera for missing persons and to raise alerts without requiring continuous human attention or interaction. With approximately 100,000 missing people in the US alone, law enforcement agencies need to bring powerful tools to bear. At re:Invent 2016, Dan Law (Chief Data Scientist for Motorola Solutions) described how they use AWS to aid in this effort. Here’s the video (Dan’s section is titled AI for Public Safety):

AWS and CJIS
The applications that Dan described can run in AWS GovCloud (US). This is an isolated cloud built to protect and preserve sensitive IT data while meeting the FBI’s CJIS requirements (and many others). AWS GovCloud (US) resides on US soil and is managed exclusively by US citizens. AWS routinely signs CJIS security agreements with our customers and can either perform or allow background checks on our employees, as needed.

Here are some resources that you can use to learn more about AWS and CJIS:

Jeff;

 

 

Weekly roundup: Breath of the Tired

Post Syndicated from Eevee original https://eev.ee/dev/2017/06/25/weekly-roundup-breath-of-the-tired/

I may have spoken too soon; I had some pretty sleepy nights this week. Oh, well. The slow march of progress continued nonetheless. Also I played Zelda a lot.

  • potluck: I built a few little mechanisms: platforms, keys, switches, etc. I don’t have much game yet, but I’m putting off the bulk of it until GDQ week. Hope I can actually do this game justice in just a week! It’ll be a different kind of experience, since the art is set in stone and I already have an engine that can do most of what I want; I just have to build levels and story.

  • book: I churned out a good few thousand words, rewrote the introduction, and got rid of a ton of stuff from the old book concept. It’s actually presentable as a work in progress now! Nice.

  • veekun: I struggled with form ordering for quite a long time, but finally got it figured out, which is useful and important. Getting there. Also I had to yakshave my self-hosted git (which I use for ripped sprites), after an upgrade caused it to bitrot.

I did less than I would’ve liked, but I’ve still got some decent momentum on these three big things. Still feeling pretty good, and eagerly looking forward to having time free in July to mess around with art and work on fox flux.