Tag Archives: Kinox

Vodafone Appeals Decision Forcing it to Block Pirate Streaming Site Kinox

Post Syndicated from Andy original https://torrentfreak.com/vodafone-appeals-decision-forcing-it-to-block-pirate-streaming-site-kinox-180317/

Streaming site Kinox has proven hugely problematic for German authorities and international rightsholders for many years.

Last year, following a three-year manhunt, one of the site’s alleged operators was detained in Kosovo. Despite this and other actions, the site remains online.

Given the profile of the platform and its popularity in Germany, it came as no surprise when Kinox became the guinea pig for site-blocking in the country. Last month following a complaint from local film production and distribution company Constantin Film, a district court in Munich handed down a provisional injunction against Internet provider Vodafone.

In common with many similar cases across the EU, the Court cited a 2017 ruling from the European Court of Justice which found that local authorities can indeed order blockades of copyright-infringing sites. The Court ordered Vodafone to prevent its subscribers from accessing the site and shortly after the provider complied, but not willingly it seems.

According to local news outlet Golem, last week Vodafone filed an appeal arguing that there is no legal basis in Germany for ordering the blockade.

“As an access provider, Vodafone provides only neutral access to the Internet, and we believe that under current law, Vodafone cannot be required to curb copyright infringement on the Internet,” a Vodafone spokesperson told the publication.

The ISP says that not only does the blocking injunction impact its business operations and network infrastructure, it also violates the rights of its customers. Vodafone believes that blocking measures can only be put in place with an explicit legal basis and argues that no such basis exists under German law.

Noting that blockades are easily bypassed by determined users, the ISP says that such measures can also block lots of legal content, making the whole process ineffective.

“[I]nternet blocking generally runs the risk of blocking non-infringing content, so we do not see it as an effective way to make accessing illegal offers more difficult,” Vodafone’s spokesperson said.

Indeed, it appears that the Kinox blockade is a simple DNS-only effort, which means that people can bypass it by simply changing to an alternative DNS provider such as Google DNS or OpenDNS.

Given all of the above, Vodafone is demanding clarification of the earlier decision from a higher court. Whether or not the final decision will go in the ISP’s favor isn’t clear but there is plenty of case law at the European level that suggests the balance of probabilities lies with Constantin Film.

When asked to balance consumer rights versus copyrights, courts have tended to side with the latter in recent years.

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

Court Orders Spanish ISPs to Block Pirate Sites For Hollywood

Post Syndicated from Andy original https://torrentfreak.com/court-orders-spanish-isps-to-block-pirate-sites-for-hollywood-180216/

Determined to reduce levels of piracy globally, Hollywood has become one of the main proponents of site-blocking on the planet. To date there have been multiple lawsuits in far-flung jurisdictions, with Europe one of the primary targets.

Following complaints from Disney, 20th Century Fox, Paramount, Sony, Universal and Warner, Spain has become one of the latest targets. According to the studios a pair of sites – HDFull.tv and Repelis.tv – infringe their copyrights on a grand scale and need to be slowed down by preventing users from accessing them.

HDFull is a platform that provides movies and TV shows in both Spanish and English. Almost 60% its traffic comes from Spain and after a huge surge in visitors last July, it’s now the 337th most popular site in the country according to Alexa. Visitors from Mexico, Argentina, United States and Chile make up the rest of its audience.

Repelis.tv is a similar streaming portal specializing in movies, mainly in Spanish. A third of the site’s visitors hail from Mexico with the remainder coming from Argentina, Columbia, Spain and Chile. In common with HDFull, Repelis has been building its visitor numbers quickly since 2017.

The studios demanding more blocks

With a ruling in hand from the European Court of Justice which determined that sites can be blocked on copyright infringement grounds, the studios asked the courts to issue an injunction against several local ISPs including Telefónica, Vodafone, Orange and Xfera. In an order handed down this week, Barcelona Commercial Court No. 6 sided with the studios and ordered the ISPs to begin blocking the sites.

“They damage the legitimate rights of those who own the films and series, which these pages illegally display and with which they profit illegally through the advertising revenues they generate,” a statement from the Spanish Federation of Cinematographic Distributors (FEDECINE) reads.

FEDECINE General director Estela Artacho said that changes in local law have helped to provide the studios with a new way to protect audiovisual content released in Spain.

“Thanks to the latest reform of the Civil Procedure Law, we have in this jurisdiction a new way to exercise different possibilities to protect our commercial film offering,” Artacho said.

“Those of us who are part of this industry work to make culture accessible and offer the best cinematographic experience in the best possible conditions, guaranteeing the continuity of the sector.”

The development was also welcomed by Stan McCoy, president of the Motion Picture Association’s EMEA division, which represents the plaintiffs in the case.

“We have just taken a welcome step which we consider crucial to face the problem of piracy in Spain,” McCoy said.

“These actions are necessary to maintain the sustainability of the creative community both in Spain and throughout Europe. We want to ensure that consumers enjoy the entertainment offer in a safe and secure environment.”

After gaining experience from blockades and subsequent circumvention in other regions, the studios seem better prepared to tackle fallout in Spain. In addition to blocking primary domains, the ruling handed down by the court this week also obliges ISPs to block any other domain, subdomain or IP address whose purpose is to facilitate access to the blocked platforms.

News of Spain’s ‘pirate’ blocks come on the heels of fresh developments in Germany, where this week a court ordered ISP Vodafone to block KinoX, one of the country’s most popular streaming portals.

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

Pirate Site Blockades Enter Germany With Kinox.to as First Target

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-site-blockades-enter-germany-with-kinox-to-as-first-target-180213/

Website blocking has become one of the leading anti-piracy mechanisms of recent years.

It is particularly prevalent across Europe, where thousands of sites are blocked by ISPs following court orders.

This week, these blocking efforts also reached Germany. Following a provisional injunction issued by the federal court in Munich, Internet provider Vodafone must block access to the popular streaming portal Kinox.to.

The injunction was issued on behalf of the German film production and distribution company Constantin Film. The company complained that Kinox facilitates copyright infringement and cited a recent order from the European Court of Justice in its defense, Golem reports.

While these types of blockades are common in Europe, they’re a new sight in Germany. Vodafone users who attempt to access the Kinox site will now be welcomed with a blocking notification instead.

“This portal is temporarily unavailable due to a copyright claim,” it reads, translated from German.

Blocked

The Kinox streaming site has been a thorn in the side of German authorities and copyright holders for a long time. Last year, one of the site’s admins was detained in Kosovo after a three-year manhunt, but despite these and other actions, the site remains online.

With the blocking efforts, Constantin Film hopes to make it harder for people to access the site, although this measure is also limited.

For now, it seems to be a simple DNS blockade, which means that people can bypass it relatively easily by switching to a free alternative DNS provider such as Google DNS or OpenDNS.

And there are other workarounds as well, as operators of Kinox point out in a message on their homepage.

“Vodafone User: Use the public Google DNS server: 8.8.8.8, that goes the .TO domain again! Otherwise, a VPN or the free Tor Browser can be used!” they write.

While the measure may not be foolproof, the current order is certainly significant. Previously, all German courts have denied similar blocking orders based on different arguments. This means that more blocking efforts may be on the horizon.

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