Tag Archives: Kodi

TVAddons Suffers Big Setback as Court Completely Overturns Earlier Ruling

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

‘Pirate’ Kodi Addon Devs & Distributors Told to Cease-and-Desist

Post Syndicated from Andy original https://torrentfreak.com/pirate-kodi-addon-devs-distributors-told-to-cease-and-desist-180214/

Last November, following a year of upheaval for third-party addon creators and distributors, yet more turmoil hit the community in the form of threats from the world’s most powerful anti-piracy coalition – the Alliance for Creativity and Entertainment (ACE).

Comprised of 30 companies including the studios of the MPAA, Amazon, Netflix, CBS, HBO, BBC, Sky, Bell Canada, CBS, Hulu, Lionsgate, Foxtel, Village Roadshow, and many more, ACE warned several developers to shut down – or else.

The letter: shut down – or else

Now it appears that ACE is on the warpath again, this time targeting a broader range of individuals involved in the Kodi addon scene, from developers and distributors to those involved in the production of how-to videos on YouTube.

The first report of action came from TVAddons, who noted that the lead developer at the Noobs and Nerds repository had been targeted with a cease-and-desist notice, adding that people from the site had been “visited at their homes.”

As seen in the image below, the Noobs and Nerds website is currently down. The site’s Twitter account has also been disabled.

Noobs and Nerds – gone

While TVAddons couldn’t precisely confirm the source of the threat, information gathered from individuals involved in the addon scene all point to the involvement of ACE.

In particular, a man known online as Teverz, who develops his own builds, runs a repo, and creates Kodi-themed YouTube videos, confirmed that ACE had been in touch.

An apparently unconcerned Teverz….

“I am not a dev so they really don’t scare me lmao,” he added.

Teverz claims to be from Canada and it appears that others in the country are also facing cease and desist notices. An individual known as Doggmatic, who also identifies as Canadian and has Kodi builds under his belt, says he too was targeted.

Another target in Canada

Doggmatic, who appears to be part of the Illuminati repo, says he had someone call the people who sent the cease-and-desist but like Teverz, he doesn’t seem overly concerned, at least for now.

“I have a legal representative calling them. The letters they sent aren’t legal documents. No lawyer signed them and no law firm mentioned,” Doggmatic said.

But the threats don’t stop there. Blamo, the developer of the Neptune Rising addon accessible from the Blamo repo, also claims to have been threatened.

SpinzTV, who offers unofficial Kodi builds and an associated repository, is also under the spotlight. Unlike his Canadian counterparts, he has already thrown in the towel, according to a short announcement on Twitter.

For SpinzTV it’s all over…

TorrentFreak contacted the Alliance for Creativity and Entertainment, asking them if they could confirm the actions and provide any additional details. At the time of publication they had no information for us but we’ll update if and when that comes in.

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

Tickbox Must Remove Pirate Streaming Addons From Sold Devices

Post Syndicated from Ernesto original https://torrentfreak.com/tickbox-remove-pirate-streaming-addons-180214/

Online streaming piracy is on the rise and many people now use dedicated media players to watch content through their regular TVs.

This is a thorn in the side of various movie companies, who have launched a broad range of initiatives to curb this trend.

One of these initiatives is the Alliance for Creativity and Entertainment (ACE), an anti-piracy partnership between Hollywood studios, Netflix, Amazon, and more than two dozen other companies.

Last year, ACE filed a lawsuit against the Georgia-based company Tickbox TV, which sells Kodi-powered set-top boxes that stream a variety of popular media.

ACE sees these devices as nothing more than pirate tools so the coalition asked the court for an injunction to prevent Tickbox from facilitating copyright infringement, demanding that it removes all pirate add-ons from previously sold devices.

Last month, a California federal court issued an initial injunction, ordering Tickbox to keep pirate addons out of its box and halt all piracy-inducing advertisements going forward. In addition, the court directed both parties to come up with a proper solution for devices that were already sold.

The movie companies wanted Tickbox to remove infringing addons from previously sold devices, but the device seller refused this initially, equating it to hacking.

This week, both parties were able to reach an ‘agreement’ on the issue. They drafted an updated preliminary injunction which replaces the previous order and will be in effect for the remainder of the lawsuit.

The new injunction prevents Tickbox from linking to any “build,” “theme,” “app,” or “addon” that can be indirectly used to transmit copyright-infringing material. Web browsers such as Internet Explorer, Google Chrome, Safari, and Firefox are specifically excluded.

In addition, Tickbox must also release a new software updater that will remove any infringing software from previously sold devices.

“TickBox shall issue an update to the TickBox launcher software to be automatically downloaded and installed onto any previously distributed TickBox TV device and to be launched when such device connects to the internet,” the injunction reads.

“Upon being launched, the update will delete the Subject [infringing] Software downloaded onto the device prior to the update, or otherwise cause the TickBox TV device to be unable to access any Subject Software downloaded onto or accessed via that device prior to the update.”

All tiles that link to copyright-infringing software from the box’s home screen also have to be stripped. Going forward, only tiles to the Google Play Store or to Kodi within the Google Play Store are allowed.

In addition, the agreement also allows ACE to report newly discovered infringing apps or addons to Tickbox, which the company will then have to remove within 24-hours, weekends excluded.

“This ruling sets an important precedent and reduces the threat from piracy devices to the legal market for creative content and a vibrant creative economy that supports millions of workers around the world,” ACE spokesperson Zoe Thorogood says, commenting on the news.

The new injunction is good news for the movie companies, but many Tickbox customers will not appreciate the forced changes. That said, the legal battle is far from over. The main question, whether Tickbox contributed to the alleged copyright infringements, has yet to be answered.

Ultimately, this case is likely to result in a landmark decision, determining what sellers of streaming boxes can and cannot do in the United States.

A copy of the new Tickbox injunction is available here (pdf).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Court Orders Tickbox to Keep Pirate Streaming Addons Out

Post Syndicated from Ernesto original https://torrentfreak.com/court-orders-tickbox-to-keep-pirate-streaming-addons-out-180131/

Kodi-powered set-top boxes are a great way to to stream video content to a TV, but sellers who ship these devices with unauthorized add-ons give them a bad reputation.

According to the Alliance for Creativity and Entertainment (ACE), an anti-piracy partnership comprised of Hollywood studios, Netflix, Amazon, and more than two dozen other companies, Tickbox TV is one of these bad actors.

Last year, ACE filed a lawsuit against the Georgia-based company, which sells Kodi-powered set-top boxes that stream a variety of popular media.

According to ACE, these devices are nothing more than pirate tools, allowing buyers to stream copyright-infringing content and being advertised as such. The coalition, therefore, asked the court for an injunction to prevent Tickbox from facilitating copyright infringement by removing all pirate add-ons from previously sold devices.

This week US District Court Judge Michael Fitzgerald issued a preliminary injunction, which largely sides with the movie companies. According to the Judge, there is sufficient reason to believe that Tickbox can be held liable for inducing copyright infringement.

One of the claims is that Tickbox promoted its service for piracy purposes, and according to the Judge the movie companies provided enough evidence to make this likely. This includes various advertising messages the box seller used.

“There is ample evidence that, at least prior to Plaintiffs’commencement of this action, TickBox explicitly advertised the Device as a means to accessing unauthorized versions of copyrighted audiovisual content,” Judge Fitzgerald writes.

In its defense, Tickbox argued that it merely offered a computer which users can then configure to their liking. However, the Judge points out that the company went further, as it actively directed its users to install certain themes (builds) to watch movies, TV and sports.

“Thus, the fact that the Device is just a ‘computer’ that can be used for infringing and noninfringing purposes does not insulate TickBox from liability if [..] the Device is actually used for infringing purposes and TickBox encourages such use.”

Taking these and several other factors into account, the Court ruled that a preliminary injunction is warranted at this stage. After the lawsuit was filed, Tickbox already voluntarily removed much of the inducing advertisements and addons, and this will remain so.

The preliminary injunction compels TickBox to the current version of the user interface, without easy access to pirate add-ons. The devices should no longer contain links to any of the themes and addons that the movie companies have flagged as copyright infringing.

Tickbox had argued that a broad injunction could shut down its business, but the court counters this. Customers will still be able to use the box for legitimate purposes. If they are no longer interested it suggests that piracy was the main draw.

“[A]n injunction of this scope will not ‘shut down Defendant’s business’ as TickBox contends. In the event that such an injunction does shut TickBox down, that will be indicative not of an unjustifiably burdensome injunction, but of a nonviable business model,” Judge Fitzgerald writes.

The preliminary injunction is not final yet as there are several questions still unanswered.

It’s unclear, for example, if and how Tickbox should remove addons from previously sold devices. The Court, therefore, instructs both parties to attempt to reach agreement on these outstanding issues, to include them in an updated injunction.

The above findings are preliminary and apply specifically to the injunction request and the case itself will continue. However, the Court’s early opinion suggests that Tickbox has plenty of work ahead to prove its innocence.

A copy of the preliminary injunction is available here (pdf), and Judge Fitzgerald’s findings can be found here (pdf).

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

MagPi 66: Raspberry Pi media projects for your home

Post Syndicated from Rob Zwetsloot original https://www.raspberrypi.org/blog/magpi-66-media-pi/

Hey folks, Rob from The MagPi here! Issue 66 of The MagPi is out right now, with the ultimate guide to powering your home media with Raspberry Pi. We think the Pi is the perfect replacement or upgrade for many media devices, so in this issue we show you how to build a range of Raspberry Pi media projects.

MagPi 66

Yes, it does say Pac-Man robotics on the cover. They’re very cool.

The article covers file servers for sharing media across your network, music streaming boxes that connect to Spotify, a home theatre PC to make your TV-watching more relaxing, a futuristic Pi-powered moving photoframe, and even an Alexa voice assistant to control all these devices!

More to see

That’s not all though — The MagPi 66 also shows you how to build a Raspberry Pi cluster computer, how to control LEGO robots using the GPIO, and why your Raspberry Pi isn’t affected by Spectre and Meltdown.




In addition, you’ll also find our usual selection of product reviews and excellent project showcases.

Get The MagPi 66

Issue 66 is available today from WHSmith, Tesco, Sainsbury’s, and Asda. If you live in the US, head over to your local Barnes & Noble or Micro Center in the next few days. You can also get the new issue online from our store, or digitally via our Android and iOS apps. And don’t forget, there’s always the free PDF as well.

Subscribe for free goodies

Want to support the Raspberry Pi Foundation and the magazine, and get some cool free stuff? If you take out a twelve-month print subscription to The MagPi, you’ll get a Pi Zero W, Pi Zero case, and adapter cables absolutely free! This offer does not currently have an end date.

I hope you enjoy this issue! See you next month.

The post MagPi 66: Raspberry Pi media projects for your home appeared first on Raspberry Pi.

New Kodi Addon Tool Might Carry Interesting Copyright Liability Implications

Post Syndicated from Andy original https://torrentfreak.com/new-kodi-addon-tool-might-carry-interesting-copyright-liability-implications-180124/

Kodi is the now ubiquitous media player taking the world by storm. In itself it’s a great piece of software but augmented with third-party software it can become a piracy powerhouse.

This software, known collectively as ‘add-ons’, enables Kodi to do things it was never designed for such as watching pirated movies, TV shows, and live sports. As a result, it’s the go-to media platform for millions around the globe, but for those distributing the add-ons, there can be risks attached.

As one of the most prominent Kodi-related sites around, TVAddons helped to distribute huge numbers of add-ons. The platform insists that if any add-on infringed copyright, it was only too willing to remove them under a DMCA-like regime. Last year, however, it became clear that copyright holders would prefer to sue TVAddons (1,2) than ask for takedowns.

With those lawsuits still ongoing, the site was left with a dilemma. Despite add-ons being developed and uploaded by third-parties, rightsholders are still trying to hold TVAddons responsible for what those add-ons can do. It’s a precarious situation that has led to TVAddons not having its own repository/repo (a place where the addons are stored for users to download) since the site ran into trouble last summer.

Now, however, the site has just launched a new tool which not only provides some benefits for users looking for addons, but also attempts to shift some liability for potential infringement away from the service and onto a company with much broader shoulders.

TVAddons’ Github Browser was released yesterday and is available via the platform’s Indigo tool. Its premise is simple.

Since many third-party Kodi add-ons are developed and first made available on Github, the world’s leading software development platform, why don’t users install them directly from there instead?

The idea is that this might reduce liability for distributors like TVAddons but could also present benefits for users, as they can be assured that they’re getting add-ons directly from the source.

Github Browser welcome screen

“Before the GitHub Browser, when an end user wanted to install a particular addon, they’d first have to download the necessary repository from either Fusion Installer or an alternative,” a TV addons spokesperson informs TF.

“This new feature gives the end user the ability to easily install any Kodi addon, and empowers developers to distribute their addons independently, without having to align themselves with a particular release group or web site.”

Aside from the benefits to users, it also means that TVAddons can provide its users with access to third-party add-ons without having to curate, store, or distribute them itself. In future, storage and distribution aspects can be carried out by Github, which has actually been the basic behind-the-scenes position for some time.

“GitHub has always been the leading host of Kodi addons, and also respects the law. The difference is, they are big enough to not be bullied by draconian legal maneuvers used by big corporations to censor the internet. We also felt that developers should be able to develop without having to comply with our rules, or any other Kodi web site’s rules for that matter,” TVAddons explain.

The screenshot of the Github Browser below reveals a text-heavy interface that will probably mean little to the low-level user of Kodi who bought his device already setup from a seller. However, those more familiar with the way Kodi functions will recognize that the filenames relate to add-ons which can now be directly installed via the browser.

The Github Browser

While the approach may seem basic or even inaccessible at first view, that wrongfully discounts the significant resources available to the sprawling third-party Kodi add-on community.

Dozens of specialist blogs and thousands of YouTube videos report in detail on the most relevant addons, providing all of the details users will need to identify and locate the required software. Developer usernames could be a good starting point, TVAddons suggests.

“We have already seen many social media posts, blogs and developers advertising their GitHub usernames in order to make it easier for users to find them,” the site explains.

From our tests, it appears that users really have to do all the work themselves. There doesn’t appear to be any add-on curation and users must know what they’re looking for in advance. Indeed, entering the Github usernames of developers who produce software that has nothing to do with Kodi can still present zip file results in the browser. Whether this will prove problematic later on will remain to be seen.

While most keen users won’t have a problem using the Github Browser, there is the question of whether redirecting the focus to the development platform will cause copyright holders to pay more attention to Github.

This has certainly happened in the past, such as when the Federation Against Copyright Theft targeted the SportsDevil add-on and had it removed from Github. It’s also worth noting that Github doesn’t appear to challenge takedown requests, so add-ons could be vulnerable if the heat gets turned up.

Nevertheless, TVAddons believes that the open source nature of most addons coupled with Github’s relative strength means that they’ll be able to stand up to most threats.

“Open source code lives on forever, it’s impossible to scrub the internet of freely distributed legitimate code. I think that GitHub is in a better position to legitimately assess and enforce the DMCA than us. They won’t be sued out of nowhere in circumvention of the DMCA in similar fashion to what we have been the victim of,” TVAddons says.

Several years ago, when The Pirate Bay got rid of torrents and relied on magnet links instead, the platform became much more compact, thus saving on bandwidth. The lack of a repository at TVAddons has also had benefits for the site. Previously it was consuming around 3PB (3,000,000 gigabytes) of bandwidth a month, with a hosting provider demanding $25,000 per month not to discontinue business.

Finally, the team says it is working on new browser features for the future, including repository distribution over torrents. Only time will tell how this new system will be viewed by copyright holders but even with add-on hosting taken care of externally, any form of curation could be instantly frowned upon, with serious consequences.

Details of the browser can be found here.

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

Hollywood Says Only Site-Blocking Left to Beat Piracy in New Zealand

Post Syndicated from Andy original https://torrentfreak.com/hollywood-says-only-site-blocking-left-to-beat-piracy-in-new-zealand-180123/

The Motion Picture Distributors’ Association (MPDA) is a non-profit organisation which represents major international film studios in New Zealand.

With companies including Fox, Sony, Paramount, Roadshow, Disney, and Universal on the books, the MPDA sings from the same sheet as the MPAA and MPA. It also hopes to achieve in New Zealand what its counterparts have achieved in Europe and Australia but cannot on home soil – mass pirate site blocking.

In a release heralding the New Zealand screen industry’s annual contribution of around NZ$1.05 billion to GDP and NZ$706 million to exports, MPDA Managing Director Matthew Cheetham says that despite the successes, serious challenges lie ahead.

“When we have the illegal file sharing site the Pirate Bay as New Zealand’s 19th most popular site in New Zealand, it is clear that legitimate movie and TV distribution channels face challenges,” Cheetham says.

MPDA members in New Zealand

In common with movie bosses in many regions, Cheetham is hoping that the legal system will rise to the challenge and assist distributors to tackle the piracy problem. In New Zealand, that might yet require a change in the law but given recent changes in Australia, that doesn’t seem like a distant proposition.

Last December, the New Zealand government announced an overhaul of the country’s copyright laws. A review of the Copyright Act 1994 was announced by the previous government and is now scheduled to go ahead this year. The government has already indicated a willingness to consider amendments to the Act in order to meet the objectives of New Zealand’s copyright regime.

“In New Zealand, piracy is almost an accepted thing, because no one’s really doing anything about it, because no one actually can do anything about it,” Cheetham said last month.

It’s quite unusual for Hollywood’s representatives to say nothing can be done about piracy. However, there was a small ray of hope this morning when Cheetham said that there is actually one option left.

“There’s nothing we can do in New Zealand apart from site blocking,” Cheetham said.

So, as the MPDA appears to pin its hopes on legislative change, other players in the entertainment industry are testing the legal system as it stands today.

Last September, Sky TV began a pioneering ‘pirate’ site-blocking challenge in the New Zealand High Court, applying for an injunction against several local ISPs to prevent their subscribers from accessing several pirate sites.

The boss of Vocus, one of the ISP groups targeted, responded angrily, describing Sky’s efforts as “dinosaur behavior” and something one would expect in North Korea, not in New Zealand.

“It isn’t our job to police the Internet and it sure as hell isn’t SKY’s either, all sites should be equal and open,” General Manager Taryn Hamilton said.

The response from ISPs suggests that even when the matter of site-blocking is discussed as part of the Copyright Act review, introducing specific legislation may not be smooth sailing. In that respect, all eyes will turn to the Sky process, to see if some precedent can be set there.

Finally, another familiar problem continues to raise its head down under. So-called “Kodi boxes” – the now generic phrase often used to describe set-top devices configured for piracy – are also on the content industries’ radar.

There are a couple of cases still pending against sellers, including one in which a budding entrepreneur sent out marketing letters claiming that his service was better than Sky’s offering. For seller Krish Reddy, this didn’t turn out well as the company responded with a NZ$1m lawsuit.

Generally, however, both content industries and consumers are having a good time in New Zealand but the MPDA’s Cheetham says that taking on pirates is never easy.

“It’s been called the golden age of television and a lot of premium movies have been released in the last 12 or 18 months. Content providers and distributors have really upped their game in the last five or 10 years to meet what people want but it’s very difficult to compete with free,” Cheetham concludes.

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Tickbox Clearly Promotes and Facilitates Piracy, Hollywood Tells Court

Post Syndicated from Ernesto original https://torrentfreak.com/tickbox-clearly-promotes-and-facilitates-piracy-hollywood-tells-court-180115/

The rising popularity of piracy streaming boxes has turned into Hollywood’s main piracy concern in recent months.

While the hardware and media players such as Kodi are not a problem, sellers who ship devices with unauthorized add-ons turn them into fully-fledged piracy machines.

According to the Alliance for Creativity and Entertainment (ACE), an anti-piracy partnership comprised of Hollywood studios, Netflix, Amazon, and more than two dozen other companies, Tickbox TV is one of these bad actors.

Last year, ACE filed a lawsuit against the Georgia-based company, which sells set-top boxes that allow users to stream a variety of popular media. The Tickbox devices use the Kodi media player and comes with instructions on how to add various add-ons.

According to ACE, these devices are nothing more than pirate tools, allowing buyers to stream copyright-infringing content. The coalition, therefore, asked the court for a permanent injunction to remove all infringing add-ons from previously sold devices.

Tickbox maintained its innocence, however. The company informed the court that its box is a simple computer like any other, which is perfectly legal.

According to Tickbox, they don’t have anything to do with the infringing “Themes” that users can select on their device. These themes feature several addons that link to infringing content.

This explanation doesn’t sit well with the movie companies, which submitted a reply to the court late last week. They claim that Tickbox is deliberately downplaying their own role, as they are the ones who decided to make these themes accessible through their boxes.

“TickBox falsely claims that the presence of these ‘Themes’ on TickBox devices ‘have nothing to do with Defendant’,” ACE’s reply reads.

“To the contrary, TickBox intentionally chooses which ‘Themes’ to include on its ‘Select your Theme’ menu for the TickBox TV interface, and TickBox pushes out automatic software updates to its customers’ TickBox TV devices.”

The movie companies also dispute Tickbox’s argument that they don’t induce copyright infringement because their device is “simply a small computer” that has many legitimate uses.

This liability question isn’t about whether Tickbox stores any infringing material or runs pirate streams through their servers, they counter. It’s about the intended use and how Tickbox promotes its product.

“TickBox’s liability arises based on its advertising and promoting TickBox TV as a tool for infringing use, and from designing and including software on the device that encourages access to infringing streams from third-party sources.”

ACE notes that, unlike Tickbox claims, the current case shows a lot of parallels with previous landmark cases including Grokster and Fung [isoHunt].

The isoHunt website didn’t store and infringing material, nor was it crucial in the torrent piracy ecosystem. However, it was liable because the operator willingly facilitated copyright infringing activity. This is what Tickbox does too, according to ACE.

“TickBox ‘competes’ with legitimate services by telling customers that they can access the same content available from legitimate distributors ‘ABSOLUTELY FREE’ and that customers therefore ‘will find that you no longer need those subscriptions’.”

The movie companies therefore ask the court to issue the requested injunction. They want all existing devices to be impounded and Tickbox should, through an update, remove infringing addons from already sold devices.

Tickbox argued that this would require them to “hack into” their customers’ boxes and delete content. ACE, however, says that this is a simple update and nothing different from what the company has done in the past.

“The proposed injunction would merely obligate TickBox to make good on its halfhearted and ineffective efforts to do what it claims to have already done: remove Kodi builds with illicit addons from TickBox TV,” ACE writes.

“As demonstrated by TickBox’s own, repeated software updates since the filing of Plaintiffs’ Complaint, TickBox has the means and ability to easily and remotely change what options users see and can access on their TickBox TVs.”

After having heard the arguments from both sides, it’s now up to the California federal court to decide who’s right.

The current case should set an important precedent. In addition to Tickbox, ACE also filed a similar lawsuit against Dragon Box. Clearly, the coalition is determined to get these alleged pirate devices off the market.

A copy of ACE’s reply is available here (pdf).

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Pirate Streaming on Facebook is a Seriously Risky Business

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Netflix, Amazon and Hollywood Sue Kodi-Powered Dragon Box Over Piracy

Post Syndicated from Ernesto original https://torrentfreak.com/netflix-amazon-and-hollywood-sue-kodi-powered-dragon-box-over-piracy-180111/

More and more people are starting to use Kodi-powered set-top boxes to stream video content to their TVs.

While Kodi itself is a neutral platform, sellers who ship devices with unauthorized add-ons give it a bad reputation.

In recent months these boxes have become the prime target for copyright enforcers, including the Alliance for Creativity and Entertainment (ACE), an anti-piracy partnership between Hollywood studios, Netflix, Amazon, and more than two dozen other companies.

After suing Tickbox last year a group of key ACE members have now filed a similar lawsuit against Dragon Media Inc, which sells the popular Dragon Box. The complaint, filed at a California federal court, also lists the company’s owner Paul Christoforo and reseller Jeff Williams among the defendants.

According to ACE, these type of devices are nothing more than pirate tools, allowing buyers to stream copyright infringing content. That also applies to Dragon Box, they inform the court.

“Defendants market and sell ‘Dragon Box,’ a computer hardware device that Defendants urge their customers to use as a tool for the mass infringement of the copyrighted motion pictures and television shows,” the complaint, picked up by HWR, reads.

The movie companies note that the defendants distribute and promote the Dragon Box as a pirate tool, using phrases such as “Watch your Favourites Anytime For FREE” and “stop paying for Netflix and Hulu.”

Dragon Box

When users follow the instructions Dragon provides they get free access to copyrighted movies, TV-shows and live content, ACE alleges. The complaint further points out that the device uses the open source Kodi player paired with pirate addons.

“The Dragon Media application provides Defendants’ customers with a customized configuration of the Kodi media player and a curated selection of the most popular addons for accessing infringing content,” the movie companies write.

“These addons are designed and maintained for the overarching purpose of scouring the Internet for illegal sources of copyrighted content and returning links to that content. When Dragon Box customers click those links, those customers receive unauthorized streams of popular motion pictures and television shows.”

One of the addons that are included with the download and installation of the Dragon software is Covenant.

This addon can be accessed through a preinstalled shortcut which is linked under the “Videos” menu. Users are then able to browse through a large library of curated content, including a separate category of movies that are still in theaters.

In theaters

According to a statement from Dragon owner Christoforo, business is going well. The company claims to have “over 250,000 customers in 50 states and 4 countries and growing” as well as “374 sellers” across the world.

With this lawsuit, however, the company’s future has suddenly become uncertain.

The movie companies ask the California District for an injunction to shut down the infringing service and impound all Dragon Box devices. In addition, they’re requesting statutory damages which can go up to several million dollars.

At the time of writing the Dragon Box website is still in on air and the company has yet to comment on the allegations.

A copy of the complaint is available here (pdf).

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TVAddons and ZemTV Ask Court to Dismiss U.S. Piracy Lawsuit

Post Syndicated from Ernesto original https://torrentfreak.com/tvaddons-and-zemtv-ask-court-to-dismiss-u-s-piracy-lawsuit-180108/

Last year, American satellite and broadcast provider Dish Network targeted two well-known players in the third-party Kodi add-on ecosystem.

In a complaint filed in a federal court in Texas, add-on ZemTV and the TVAddons library were accused of copyright infringement. As a result, both are facing up to $150,000 in damages for each offense.

While the case was filed in Texas, neither of the defendants live there, or even in the United States. The owner and operator of TVAddons is Adam Lackman, who resides in Montreal, Canada. ZemTV’s developer Shahjahan Durrani is even further away in London, UK.

Their limited connection to Texas is reason for the case to be dismissed, according to the legal team of the two defendants. They are represented by attorneys Erin Russel and Jason Sweet, who asked the Court to drop the case late last week.

According to their motion, the Texas District Court does not have jurisdiction over the two defendants.

“Lackman and Durrani have never been residents or citizens of Texas; they have never owned property in Texas; they have never voted in Texas; they have never personally visited Texas; they have never directed any business activity of any kind to anyone in Texas […] and they have never earned income in Texas,” the motion reads.

Technically, defendants can be sued in a district they have never been, as long as they “directed actions” at the state or its citizens.

According to Dish, this is the case here since both defendants made their services available to local residents, among other things. However, the defense team argues that’s not enough to establish jurisdiction in this case.

“Plaintiff’s conclusory allegation that Lackman and Durrani marketed, made available, and distributed ZemTV service and the ZemTV add-on to consumers in the State of Texas and the Southern District of Texas is misleading at best,” the attorneys write.

If the case proceeds this would go against the US constitution, violating the defendants’ due process rights. Whether the infringement claims hold ground or not, Dish has no right to sue, according to the defense.

“Defendants are citizens of Canada and Great Britain and have not had sufficient contacts in the State of Texas for this Court to exercise personal jurisdiction over them. To do so would violate the Due Process Clause of the United States Constitution.”

The Court must now decide whether the case can proceed or not. TorrentFreak reached out to TVAddons but the service wishes to refrain from commenting on the proceeding at the moment.

Previously, TVAddons made it clear that it sees the Dish lawsuit as an attempt to destroy the Kodi addon community. One of the methods of attack it mentioned, was to sue people in foreign jurisdictions.

“Most people don’t have money lying around to hire lawyers in places they’ve never even visited. This means that if a company sues you in a foreign country and you can’t afford a lawyer, you’re screwed even if you did nothing wrong,” TVAddons wrote at the time.

A copy of the motion to dismiss is available here (pdf).

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No Level of Copyright Enforcement Will Ever Be Enough For Big Media

Post Syndicated from Andy original https://torrentfreak.com/no-level-of-copyright-enforcement-will-ever-be-enough-for-big-media-180107/

For more than ten years TorrentFreak has documented a continuous stream of piracy battles so it’s natural that, every now and then, we pause to consider when this war might stop. The answer is always “no time soon” and certainly not in 2018.

When swapping files over the Internet first began it wasn’t a particularly widespread activity. A reasonable amount of content was available, but it was relatively inaccessible. Then peer-to-peer came along and it sparked a revolution.

From the beginning, copyright holders felt that the law would answer their problems, whether that was by suing Napster, Kazaa, or even end users. Some industry players genuinely believed this strategy was just a few steps away from achieving its goals. Just a little bit more pressure and all would be under control.

Then, when the landmark MGM Studios v. Grokster decision was handed down in the studios’ favor during 2005, the excitement online was palpable. As copyright holders rejoiced in this body blow for the pirating masses, file-sharing communities literally shook under the weight of the ruling. For a day, maybe two.

For the majority of file-sharers, the ruling meant absolutely nothing. So what if some company could be held responsible for other people’s infringements? Another will come along, outside of the US if need be, people said. They were right not to be concerned – that’s exactly what happened.

Ever since, this cycle has continued. Eager to stem the tide of content being shared without their permission, rightsholders have advocated stronger anti-piracy enforcement and lobbied for more restrictive interpretations of copyright law. Thus far, however, literally nothing has provided a solution.

One would have thought that given the military-style raid on Kim Dotcom’s Megaupload, a huge void would’ve appeared in the sharing landscape. Instead, the file-locker business took itself apart and reinvented itself in jurisdictions outside the United States. Meanwhile, the BitTorrent scene continued in the background, somewhat obliviously.

With the SOPA debacle still fresh in relatively recent memory, copyright holders are still doggedly pursuing their aims. Site-blocking is rampant, advertisers are being pressured into compliance, and ISPs like Cox Communications now find themselves responsible for the infringements of their users. But has any of this caused any fatal damage to the sharing landscape? Not really.

Instead, we’re seeing a rise in the use of streaming sites, each far more accessible to the newcomer than their predecessors and vastly more difficult for copyright holders to police.

Systems built into Kodi are transforming these platforms into a plug-and-play piracy playground, one in which sites skirt US law and users can consume both at will and in complete privacy. Meanwhile, commercial and unauthorized IPTV offerings are gathering momentum, even as rightsholders try to pull them back.

Faced with problems like these we are now seeing calls for even tougher legislation. While groups like the RIAA dream of filtering the Internet, over in the UK a 2017 consultation had copyright holders excited that end users could be criminalized for simply consuming infringing content, let alone distributing it.

While the introduction of both or either of these measures would cause uproar (and rightly so), history tells us that each would fail in its stated aim of stopping piracy. With that eventuality all but guaranteed, calls for even tougher legislation are being readied for later down the line.

In short, there is no law that can stop piracy and therefore no law that will stop the entertainment industries coming back for harsher measures, pursuing the dream. This much we’ve established from close to two decades of litigation and little to no progress.

But really, is anyone genuinely surprised that they’re still taking this route? Draconian efforts to maintain control over the distribution of content predate the file-sharing wars by a couple of hundred years, at the very least. Why would rightsholders stop now, when the prize is even more valuable?

No one wants a minefield of copyright law. No one wants a restricted Internet. No one wants extended liability for innovators, service providers, or the public. But this is what we’ll get if this problem isn’t solved soon. Something drastic needs to happen, but who will be brave enough to admit it, let alone do something about it?

During a discussion about piracy last year on the BBC, the interviewer challenged a caller who freely admitted to pirating sports content online. The caller’s response was clear:

For far too long, broadcasters and rightsholders have abused their monopoly position, charging ever-increasing amounts for popular content, even while making billions. Piracy is a natural response to that, and effectively a chance for the little guy to get back some control, he argued.

Exactly the same happened in the music market during the late 1990s and 2000s. In response to artificial restriction of the market and the unrealistic hiking of prices, people turned to peer-to-peer networks for their fix. Thanks to this pressure but after years of turmoil, services like Spotify emerged, converting millions of former pirates in the process. Netflix, it appears, is attempting to do the same thing with video.

When people feel that they aren’t getting ripped off and that they have no further use for sub-standard piracy services in the face of stunning legal alternatives, things will change. But be under no illusion, people won’t be bullied there.

If we end up with an Internet stifled in favor of rightsholders, one in which service providers are too scared to innovate, the next generation of consumers will never forget. This will be a major problem for two key reasons. Not only will consumers become enemies but piracy will still exist. We will have come full circle, fueled only by division and hatred.

It’s a natural response to reject monopolistic behavior and it’s a natural response, for most, to be fair when treated with fairness. Destroying freedom is far from fair and will not create a better future – for anyone.

Laws have their place, no sane person will argue against that, but when the entertainment industries are making billions yet still want more, they’ll have to decide whether this will go on forever with building resentment, or if making a bit less profit now makes more sense longer term.

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Modding Legends Team-Xecuter Announce “Future-Proof” Nintendo Switch Hack

Post Syndicated from Andy original https://torrentfreak.com/modding-legends-team-xecuter-announce-future-proof-nintendo-switch-hack-180104/

Since the advent of the first truly mass-market videogames consoles, people have dreamed about removing the protection mechanisms that prevent users from tinkering with their machines.

These modifications – which are software, hardware, or combination of the two – facilitate the running of third-party or “homebrew” code. On this front, a notable mention must go to XBMC (now known as Kodi) which ran on the original Xbox after its copy protection mechanisms had been removed.

However, these same modifications regularly open the door to mass-market piracy too, with mod-chips (hardware devices) or soft-mods (software solutions) opening up machines so that consumers can run games obtained from the Internet or elsewhere.

For the Nintendo Switch, that prospect edged closer at the end of December when Wololo reported that hackers Plutoo, Derrek, and Naehrwert had given a long presentation (video) at the 34C3 hacking conference in Germany, revealing their kernel hack for the Nintendo Switch.

While this in itself is an exciting development, fresh news from a veteran hacking group suggests that Nintendo could be in big trouble on the piracy front in the not-too-distant future.

“In the light of a recent presentation at the Chaos Communication Congress in Germany we’ve decided to come out of the woodwork and tease you all a bit with our latest upcoming product,” the legendary Team-Xecutor just announced.

While the hack announced in December requires Switch firmware 3.0 (and a copy of Pokken Tournament DX), Team-Xecutor say that their product will be universal, something which tends to suggest a fundamental flaw in the Switch system.

“This solution will work on ANY Nintendo Switch console regardless of the currently installed firmware, and will be completely future proof,” the team explain.

Xecutor say that their solution opens up the possibility of custom firmware (CFW) on Nintendo’s console. In layman’s terms, this means that those with the technical ability will be able to dictate, at least to a point, how the console functions.

“We want to move the community forward and provide a persistent, stable and fast method of running your own code and custom firmware patches on Nintendo’s latest flagship product. And we think we’ve succeeded!” the team add.

The console-modding community thrives on rumors, with various parties claiming to have made progress here and there, on this console and that, so it’s natural for people to greet this kind of announcement with a degree of skepticism. That being said, Team-Xecutor is no regular group.

With a long history of console-based meddling, Team-Xecutor’s efforts include hardware solutions for the original Playstation and Playstation 2, an array of hacks for the original Xbox (Enigmah and various Xecuter-branded solutions), plus close involvement in prominent Xbox360 mods. Their pedigree is definitely not up for debate.

For now, the team isn’t releasing any more details on the nature of the hack but they have revealed when the public can expect to get their hands on it.

“Spring 2018 or there around,” they conclude.

Team-Xecutor demo

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Dish Network Files Two Lawsuits Against Pirate IPTV Providers

Post Syndicated from Andy original https://torrentfreak.com/dish-network-files-two-lawsuits-against-pirate-iptv-providers-180103/

In broad terms, there are two types of unauthorized online streaming of live TV. The first is via open-access websites where users can view for free. The second features premium services to which viewers are required to subscribe.

Usually available for a few dollars, euros, or pounds per month, the latter are gaining traction all around the world. Service levels are relatively high and the majority of illicit packages offer a dazzling array of programming, often putting official providers in the shade.

For this reason, commercial IPTV providers are considered a huge threat to broadcasters’ business models, since they offer a broadly comparable and accessible service at a much cheaper price. This is forcing companies such as US giant Dish Networks to court, seeking relief.

Following on from a lawsuit filed last year against Kodi add-on ZemTV and TVAddons.ag, Dish has just filed two more lawsuits targeting a pair of unauthorized pirate IPTV services.

Filed in Maryland and Texas respectively, the actions are broadly similar, with the former targeting a provider known as Spider-TV.

The suit, filed against Dima Furniture Inc. and Mohammad Yusif (individually and collectively doing business as Spider-TV), claims that the defendants are “capturing
broadcasts of television channels exclusively licensed to DISH and are unlawfully retransmitting these channels over the Internet to their customers throughout the United States, 24 hours per day, 7 days per week.”

Dish claim that the defendants profit from the scheme by selling set-top boxes along with subscriptions, charging around $199 per device loaded with 13 months of service.

Dima Furniture is a Maryland corporation, registered at Takoma Park, Maryland 20912, an address that is listed on the Spider-TV website. The connection between the defendants is further supported by FCC references which identify Spider devices in the market. Mohammad Yusif is claimed to be the president, executive director, general manager, and sole shareholder of Dima Furniture.

Dish describes itself as the fourth largest pay-television provider in the United States, delivering copyrighted programming to millions of subscribers nationwide by means of satellite delivery and over-the-top services. Dish has acquired the rights to do this, the defendants have not, the broadcaster states.

“Defendants capture live broadcast signals of the Protected Channels, transcode these signals into a format useful for streaming over the Internet, transfer the transcoded content to one or more servers provided, controlled, and maintained by Defendants, and then transmit the Protected Channels to users of the Service through
OTT delivery, including users in the United States,” the lawsuit reads.

It’s claimed that in July 2015, Yusif registered Spider-TV as a trade name of Dima Furniture with the Department of Assessments and Taxation Charter Division, describing the business as “Television Channel Installation”. Since then, the defendants have been illegally retransmitting Dish channels to customers in the United States.

The overall offer from Spider-TV appears to be considerable, with a claimed 1,300 channels from major regions including the US, Canada, UK, Europe, Middle East, and Africa.

Importantly, Dish state that the defendants know that their activities are illegal, since the provider sent at least 32 infringement notices since January 20, 2017 demanding an end to the unauthorized retransmission of its channels. It went on to send even more to the defendants’ ISPs.

“DISH and Networks sent at least thirty-three additional notices requesting the
removal of infringing content to Internet service providers associated with the Service from February 16, 2017 to the filing of this Complaint. Upon information and belief, at least some of these notices were forwarded to Defendants,” the lawsuit reads.

But while Dish says that the takedowns responded to by the ISPs were initially successful, the defendants took evasive action by transmitting the targeted channels from other locations.

Describing the defendants’ actions as “willful, malicious, intentional [and] purposeful”, Dish is suing for Direct Copyright Infringement, demanding a permanent injunction preventing the promotion and provision of the service plus statutory damages of $150,000 per registered work. The final amount isn’t specified but the numbers are potentially enormous. In addition, Dish demands attorneys’ fees, costs, and the seizure of all infringing articles.

The second lawsuit, filed in Texas, is broadly similar. It targets Mo’ Ayad Al
Zayed Trading Est., and Mo’ Ayad Fawzi Al Zayed (individually and collectively doing business as Tiger International Company), and Shenzhen Tiger Star Electronical Co., Ltd, otherwise known as Shenzhen Tiger Star.

Dish claims that these defendants also illegally capture and retransmit channels to customers in the United States. IPTV boxes costing up to $179 including one year’s service are the method of delivery.

In common with the Maryland case, Dish says it sent almost two dozen takedown notices to ISPs utilized by the defendants. These were also countered by the unauthorized service retransmitting Dish channels from other servers.

The biggest difference between the Maryland and Texas cases is that while Yusif/Spider/Dima Furniture are said to be in the US, Zayed is said to reside in Amman, Jordan, and Tiger Star is registered in Shenzhen, China. However, since the unauthorized service is targeted at customers in Texas, Dish states that the Texas court has jurisdiction.

Again, Dish is suing for Direct Infringement, demanding damages, costs, and a permanent injunction.

The complaints can be found here and here.

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Is Your Kodi Setup Being Spied On?

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

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

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

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

The old Kodi web-interface – functional but basic

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

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

Chorus 2 Kodi Web-Interface

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

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

Kodi users probably don’t want this seen in public

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

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

Access to Kodi settings – and more

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

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

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

Network storage accessed via Chorus 2

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

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

Queue to Kodi or watch remotely in a browser

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

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

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

Change that password – now

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

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

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

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

TorrentFreak’s 17 Most Read Articles of 2017

Post Syndicated from Ernesto original https://torrentfreak.com/torrentfreaks-17-most-read-articles-of-2017-171231/

Every year we write roughly 900 articles here at TorrentFreak, and some are more popular than others.

On the brink of 2018, we look back at 2017 by going over the 17 most read news items of the year.

The ExtraTorrent shutdown was a clear eye catcher. Not only was it the most read article, there are also two related news items in the list.

All in all, it was quite a controversial year once again. Website and domain issues tend to be popular items, as the full list shows, as are the inevitable Game of Thrones mentions.

But what will 2018 bring?

1. ExtraTorrent Shuts Down For Good

Popular torrent site ExtraTorrent shut down in May. The abrupt decision was announced in a brief message posted on the site’s homepage and came as a complete surprise to many friends and foes.

2. Pirate Streaming Site 123Movies Rebrands as GoMovies

Pirate movie streaming site 123movies renamed itself to GoMovies for a fresh start last March. With the brand change and a new domain name, the popular site hoped to set itself apart from the many fake sites. Interestingly, the site has recently moved back to the old 123movies brand again.

3. Game of Thrones Episode “S07E06” Leaks Online Early

The sixth episode of the last Game of Thrones season leaked online early in August. Soon after, it was widely shared on various streaming and download portals The leak turned out to be the result of an error at HBO Spain.

4. ExtraTorrent’s Main Domain Name Shut Down By Registrar

Prior to its shutdown, ExtraTorrent lost control of its main domain Extratorrent.cc. The domain name was disconnected by the registrar, presumably after a copyright holder complaint.

5. ‘Putlocker’ Loses Domain Name Following Court Order

Putlockers.ch lost its domain name in February. The site’s registrar EuroDNS was ordered to suspend the domain name following a decision from a Luxembourg court, in favor of an entertainment industry group.

6. ExtraTorrent’s Distribution Groups ettv and EtHD Keep Going

ExtraTorrent shut down, but several popular release groups that originated on the site kept the name alive. Later in the year, ettv and EtHD launched their own website which is slowly gaining traction.

7. Anime Torrent Site NYAA Goes Down After Domain Name Deactivation

Popular anime torrent site NYAA lost control over several of its domain names last Spring. Several people later pointed out that NYAA’s owner decided to close the site voluntarily.

8. Popular Kodi Addon ‘Exodus’ Turned Users into a DDoS ‘Botnet’

Users of the popular Kodi addon Exodus became unwittingly part of a DDoS attack in February. After the issue raised eyebrows in the community, the Exodus developer rolled back the malicious code and retired.

9. Porn Pirate Sites Use ‘Backdoor’ to Host Videos on YouTube

Last January adult streaming sites were found to use Google’s servers to store infringing material at no cost. While streaming sites have exploited Google’s servers for a long time, the issue hit the mainstream news this year.

10. The Pirate Bay’s .SE Domain is Back in Action

The Pirate Bay’s .SE domain name sprang back into action in October, after it was deactivated. A few months later, the Supreme Court decided that it should be handed over to the authorities. TPB, meanwhile, sails on, relying on its original .org domain.

11. Man Leaks New ‘Power’ Episodes Online, Records His Own Face

Last summer a man leaked several episodes of the smash-hit TV series Power. The episodes were ‘cammed’ using a phone, with the ‘cammer’ recording his own face for good measure.

12. Live Mayweather v McGregor Streams Will Thrive On Torrents Tonight

The Mayweather v McGregor fight last August was a streaming success, but not just on legal channels. While centralized streaming services had a hard time keeping up with the unprecedented demand, lesser known live streaming torrents thrived.

13. The Pirate Bay Website Runs a Cryptocurrency Miner

In September, The Pirate Bay decided to use the computer resources of its visitors to mine Monero coins. This resulted in a heated debate. Supporters saw it as a novel way to generate revenue and a potential to replace ads, while opponents went out of their way to block the mining script.

14. Hackers Leak Netflix’s Orange is The New Black Season 5

In April the hacking group “TheDarkOverlord” leaked a trove of unreleased TV shows and movies. The group uploaded several videos, including episodes of Netflix’s Orange is The New Black, which it obtained the content from a post-production studio.

15. Demonoid Returns After Two Months Downtime

After nearly two months of downtime, the semi-private BitTorrent tracker Demonoid resurfaced online in March. The site was pulled offline due to hosting problems and had to endure some internal struggles as well.

16. “We Won’t Block Pirate Bay,” Swedish Telecoms Giant Says

In February a landmark ruling compelled a Swedish ISP to block The Pirate Bay. Copyright holders hoped that other ISPs would follow suit but telecoms giant Telia said it had no intention of blocking The Pirate Bay, unless it’s forced to do so by law.

17. Former Vuze Developers Launch BiglyBT, a ‘New’ Open Source Torrent Client

In August two long-time developers of the Vuze BitTorrent client, formerly known as Azureus, launched BiglyBT. The client emerged at a time when Vuze development stalled. The developers promised to take the project forward while removing all advertising and other annoyances.

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

2017’s “Piracy is Dangerous” Rhetoric Was Digital Reefer Madness

Post Syndicated from Andy original https://torrentfreak.com/2017s-piracy-is-dangerous-rhetoric-was-digital-reefer-madness-171230/

On dozens of occasions during the past year, TF has been compelled to cover the latest entertainment industry anti-piracy scare campaigns. We never have a problem doing so since news is to be reported and we’re all adults with our own minds to evaluate what we’re reading.

Unfortunately, many people behind these efforts seem to be under the impression that their target audience is comprised of simpletons, none of whom are blessed with a brain of their own. Frankly it’s insulting but before we go on, let’s get a few things clear.

Copyright infringement – including uploading, downloading, sharing or streaming – is illegal in most countries. That means that copyright holders are empowered under law to do something about those offenses, either through the civil or criminal courts. While unpalatable to some, most people accept that position and understand that should they be caught in the act, there might be some consequences.

With that said, there are copyright holders out there that need to stop treating people like children at best, idiots at worst. At this point in 2017, there’s no adult out there with the ability to pirate that truly believes that obtaining or sharing the latest movies, TV shows and sports is likely to be completely legal.

If you don’t believe me, ask a pirate why he or she is so excited by their fully-loaded Kodi setup. Hint: It’s because they’re getting content for free and they know full well that isn’t what the copyright holder wants. Then ask them if they want the copyright holder to know their name, address and everything they’ve downloaded. There. That’s your answer.

The point is that these people are not dumb. They know what they’re doing and understand that getting caught is something that might possibly happen. They may not understand precisely how and they may consider the risk to be particularly small (they’d be right too) but they know that it’s something best kept fairly quiet when they aren’t shouting about it to anyone who will listen down the pub.

Copyright holders aren’t dumb either. They know only too well that pirates recognize what they’re doing is probably illegal but they’re at a loss as to what to do about it. For reputable content owners, suing is expensive, doesn’t scale, is a public relations nightmare and, moreover, isn’t effective in solving the problem.

So, we now have a concerted effort to convince pirates that piracy is not only bad for their computers but also bad for their lives. It’s a stated industry aim and we’re going to see more of it in 2018.

If pirate sites aren’t infecting people’s computers with malware from God-knows-where, they’re stealing their identities and emptying their bank accounts, the industries warned in 2017. And if somehow people manage to run this gauntlet of terror without damaging their technology or their finances, then they’ll probably have their house burnt down by an exploding set-top box.

Look, the intention is understandable. Entertainment companies need to contain the piracy problem because if they don’t, it only gets worse. Again, there are few people out there who genuinely expect them to do anything different but this current stampede towards blatant scaremongering is disingenuous at best and utterly ridiculous at worst.

And it won’t work.

While piracy can be engaged in as a solo activity, it’s inherently a social phenomenon. That things can be pirated from here and there, in this way and that, is the stuff of conversations between friends and colleagues, in person and via social media. The information is passed around today like VHS and compact cassettes were passed around three decades ago and people really aren’t talking about malware or their houses catching fire.

In the somewhat unlikely event these topics do get raised for more than a minute, they get dealt with in the same way as anything else.

People inquire whether their friends have ever had their bank accounts emptied or houses burnt down, or if they know anyone who has. When the answer comes back as “no” from literally everyone, people are likely to conclude that the stories are being spread by people trying to stop them getting movies, TV shows, and live sports for free. And they would be right.

That’s not to say that these scare stories don’t have at least some basis in fact, they do.

Many pirate sites do have low-tier advertising which can put users at risk. However, it’s nothing that a decent anti-virus program and/or ad blocker can’t handle, which is something everyone should be running when accessing untrusted sites. Also, being cautious about all electronics imported from overseas is something people should be aware of too, despite the tiny risk these devices appear to pose in the scheme of things.

So, what we have here is the modern day equivalent of Reefer Madness, the 1930’s propaganda movie that tried to scare people away from marijuana with tales of car accidents, suicide, attempted rape and murder.

While somewhat more refined, these modern-day cautionary messages over piracy are destined to fall on ears that are far more shrewd and educated than their 20th-century counterparts. Yet they’re all born out of the same desire, to stop people from getting involved in an activity by warning them that it’s dangerous to them, rather than it having a negative effect on someone else – an industry executive, for example.

It’s all designed to appeal to the selfish nature of people, rather than their empathy for others, but that’s a big mistake.

Most people really do want to do the right thing, as the staggering success of Netflix, iTunes, Spotify, and Amazon show. But the ridiculous costs and/or inaccessibility of live sports, latest movies, or packaged TV shows mean that no matter what warnings get thrown out there, some people will still cut corners if they feel they’re being taken advantage of.

Worst still, if they believe the scare stories are completely ridiculous, eventually they’ll also discount the credibility of the messenger. When that happens, what little trust remains will be eroded.

Then, let’s face it, who wants to buy something from people you can’t trust?

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

Kodi Returns to Its Roots, Now Available on Xbox One

Post Syndicated from Ernesto original https://torrentfreak.com/kodi-returns-to-its-roots-now-available-on-xbox-one-171229/

The Kodi media player software has seen a massive surge in popularity over the past few years.

With help from a wide range of third-party add-ons, some of which offer access to pirated content, millions of people now use Kodi as their main source of entertainment.

The Kodi software itself is perfectly legal, however, and has been around for more than 15 years. The roots of Kodi are directly connected to the Xbox, as the first iterations of the project were called the “Xbox Media Player.”

As time went by XBMP became XBMC, and eventually Kodi. The last name change made sense as the software was no longer being developed for Xbox, but for other devices, running on Linux, Windows, OSX, and Android.

While the broader public was perfectly happy with this, the sentimental few were missing the Xbox connection. For them, and many others, Kodi has a surprise in store today after returning to its roots.

“Let us end the year 2017 with a blast including a nostalgic reference to the past,” the Kodi team announced.

“It has long been asked for by so many and now it finally happened. Kodi for Xbox One is available worldwide through Windows and Xbox Store.”

The Kodi team provides quite a bit of history and context to the Xbox return in a detailed blog post. At the same time, it also cautions users to keep in mind that this is just the initial release, which still has some very rough edges.

“What you should really understand and keep remembering is that it is still in early stages of development and has very rough edges, might not be as stable as the regular version and may even be missing some functions,” they write.

Kodi’s look and feel on the Xbox One are very familiar though. Anyone who had Kodi installed on a different platform should have no issue navigating the interface. The usual add-ons should work fine as well.

With the new Xbox One release, Kodi has come full circle. After 15 years they are back where things began.

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

Our ‘Kodi Box’ Is Legal & Our Users Don’t Break the Law, TickBox Tells Hollywood

Post Syndicated from Andy original https://torrentfreak.com/our-kodi-box-is-legal-our-users-dont-break-the-law-tickbox-tells-hollywood-171229/

Georgia-based TickBox TV is a provider of set-top boxes that allow users to stream all kinds of popular content. Like other similar devices, Tickboxes use the popular Kodi media player alongside instructions how to find and use third-party addons.

Of course, these types of add-ons are considered a thorn in the side of the entertainment industries and as a result, Tickbox found itself on the receiving end of a lawsuit in the United States.

Filed in a California federal court in October, Universal, Columbia Pictures, Disney, 20th Century Fox, Paramount Pictures, Warner Bros, Amazon, and Netflix accused Tickbox of inducing and contributing to copyright infringement.

“TickBox sells ‘TickBox TV,’ a computer hardware device that TickBox urges its customers to use as a tool for the mass infringement of Plaintiffs’ copyrighted motion pictures and television shows,” the complaint reads.

“TickBox promotes the use of TickBox TV for overwhelmingly, if not exclusively, infringing purposes, and that is how its customers use TickBox TV. TickBox advertises TickBox TV as a substitute for authorized and legitimate distribution channels such as cable television or video-on-demand services like Amazon Prime and Netflix.”

The copyright holders reference a TickBox TV video which informs customers how to install ‘themes’, more commonly known as ‘builds’. These ‘builds’ are custom Kodi-setups which contain many popular add-ons that specialize in supplying pirate content. Is that illegal? TickBox TV believes not.

In a response filed yesterday, TickBox underlined its position that its device is not sold with any unauthorized or illegal content and complains that just because users may choose to download and install third-party programs through which they can search for and view unauthorized content, that’s not its fault. It goes on to attack the lawsuit on several fronts.

TickBox argues that plaintiffs’ claims, that TickBox can be held secondarily liable under the theory of contributory infringement or inducement liability as described in the famous Grokster and isoHunt cases, is unlikely to succeed. TickBox says the studios need to show four elements – distribution of a device or product, acts of infringement by users of Tickbox, an object of promoting its use to infringe copyright, and causation.

“Plaintiffs have failed to establish any of these four elements,” TickBox’s lawyers write.

Firstly, TickBox says that while its device can be programmed to infringe, it’s the third party software (the builds/themes containing addons) that do all the dirty work, and TickBox has nothing to do with them.

“The Motion spends a great deal of time describing these third-party ‘Themes’ and how they operate to search for and stream videos. But the ‘Themes’ on which Plaintiffs so heavily focus are not the [TickBox], and they have absolutely nothing to do with Defendant. Rather, they are third-party modifications of the open-source media player software [Kodi] which the Box utilizes,” the response reads.

TickBox says its device is merely a small computer, not unlike a smartphone or tablet. Indeed, when it comes to running the ‘pirate’ builds listed in the lawsuit, a device supplied by one of the plaintiffs can accomplish the same task.

“Plaintiffs have identified certain of these thirdparty ‘builds’ or ‘Themes’ which are available on the internet and which can be downloaded by users to view content streamed by third-party websites; however, this same software can be installed on many different types of devices, even one distributed by affiliates of Plaintiff Amazon Content Services, LLC,” the company adds.

Referencing the Grokster case, TickBox states that particular company was held liable for distributing a device (the Grokster software) “with the object of promoting its use to infringe copyright.” In the isoHunt case, it argues that the provision of torrent files satisfied the first element of inducement liability.

“In contrast, Defendant’s product – the Box – is not software through which users can access unauthorized content, as in Grokster, or even a necessary component of accessing unauthorized content, as in Fung [isoHunt],” TickBox writes.

“Defendant offers a computer, onto which users can voluntarily install legitimate or illegitimate software. The product about which Plaintiffs complain is third-party software which can be downloaded onto a myriad of devices, and which Defendant neither created nor supplies.”

From defending itself, TickBox switches track to highlight weaknesses in the studios’ case against users of its TickBox device. The company states that the plaintiffs have not presented any evidence that buyers of the TickBox streaming unit have actually accessed any copyrighted material.

Interestingly, however, the company also notes that even if people had streamed ‘pirate’ content, that might not constitute infringement.

First up, the company notes that there are no allegations that anyone – from TickBox itself to TickBox device owners – ever violated the plaintiffs’ exclusive right to perform its copyrighted works.

TickBox then further argues that copyright law does not impose liability for viewing streaming content, stating that an infringer is one who violates any of the exclusive rights of the copyright holder, in this case, the right to “perform the copyrighted work publicly.”

“Plaintiffs do not allege that Defendant, Defendant’s product, or the users of Defendant’s product ‘transmit or otherwise communicate a performance’ to the public; instead, Plaintiffs allege that users view streaming material on the Box.

“It is clear precedent [Perfect 10 v Google] in this Circuit that merely viewing copyrighted material online, without downloading, copying, or retransmitting such material, is not actionable.”

Taking this argument to its logical conclusion, TickBox insists that if its users aren’t infringing copyright, it’s impossible to argue that TickBox induced its customers to violate the plaintiffs’ rights. In that respect, plaintiffs’ complaints that TickBox failed to develop “filtering tools” to diminish its customers’ infringing activity are moot, since in TickBox’s eyes no infringement took place.

TickBox also argues that unlike in Grokster, where the defendant profited when users’ accessed infringing content, it does not. And, just to underline the earlier point, it claims that its place in the market is not to compete with entertainment companies, it’s actually to compete with devices such as Amazon’s Firestick – another similar Android-powered device.

Finally, TickBox notes that it has zero connection with any third-party sites that transmit copyrighted works in violation of the plaintiffs’ rights.

“Plaintiff has not alleged any element of contributory infringement vis-à-vis these unknown third-parties. Plaintiff has not alleged that Defendant has distributed any product to those third parties, that Defendant has committed any act which encourages those third parties’ infringement, or that any act of Defendant has, in fact, caused those third parties to infringe,” its response adds.

But even given the above defenses, TickBox says that it “voluntarily took steps” to remove links to the allegedly infringing Kodi builds from its device, following the plaintiffs’ lawsuit. It also claims to have modified its advertising and webpage “to attempt to appease Plaintiffs and resolve their complaint amicably.”

Given the above, TickBox says that the plaintiffs’ application for injunction is both vague and overly broad and would impose “imperssible hardship” on the company by effectively shutting it down while requiring it to “hack into and delete content” which TickBox users may have downloaded to their boxes.

TickBox raises some very interesting points around some obvious weaknesses so it will be intriguing to see how the Court handles its claims and what effect that has on the market for these devices in the US. In particular, the thorny issue of how they are advertised and promoted, which is nearly always the final stumbling block.

A copy of Tickbox’s response is available here (pdf), via Variety

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