Tag Archives: Law

Banning VPNs and Proxies is Dangerous, IT Experts Warn

Post Syndicated from Andy original https://torrentfreak.com/banning-vpns-and-proxies-is-dangerous-it-experts-warn-170623/

In April, draft legislation was developed to crack down on systems and software that allow Russian Internet users to bypass website blockades approved by telecoms watchdog Roskomnadzor.

Earlier this month the draft bill was submitted to the State Duma, the lower house of the Russian parliament. If passed, the law will make it illegal for services to circumvent web blockades by “routing traffic of Russian Internet users through foreign servers, anonymous proxy servers, virtual private networks and other means.”

As the plans currently stand, anonymization services that fail to restrict access to sites listed by telecoms watchdog Rozcomnadzor face being blocked themselves. Sites offering circumvention software for download also face potential blacklisting.

This week the State Duma discussed the proposals with experts from the local Internet industry. In addition to the head of Rozcomnadzor, representatives from service providers, search engines and even anonymization services were in attendance. Novaya Gazeta has published comments (Russian) from some of the key people at the meeting and it’s fair to say there’s not a lot of support.

VimpelCom, the sixth largest mobile network operator in the world with more than 240 million subscribers, sent along Director for Relations with Government, Sergey Malyanov. He wondered where all this blocking will end up.

“First we banned certain information. Then this information was blocked with the responsibility placed on both owners of resources and services. Now there are blocks on top of blocks – so we already have a triple effort,” he said.

“It is now possible that there will be a fourth iteration: the block on the block to block those that were not blocked. And with that, we have significantly complicated the law and the activities of all the people affected by it.”

Malyanov said that these kinds of actions have the potential to close down the entire Internet by ruining what was once an open network running standard protocols. But amid all of this, will it even be effective?

“The question is not even about the losses that will be incurred by network operators, the owners of the resources and the search engines. The question is whether this bill addresses the goal its creators have set for themselves. In my opinion, it will not.”

Group-IB, one of the world’s leading cyber-security and threat intelligence providers, was represented CEO Ilya Sachkov. He told parliament that “ordinary respectable people” who use the Internet should always use a VPN for security. Nevertheless, he also believes that such services should be forced to filter sites deemed illegal by the state.

But in a warning about blocks in general, he warned that people who want to circumvent them will always be one step ahead.

“We have to understand that by the time the law is adopted the perpetrators will already find it very easy to circumvent,” he said.

Mobile operator giant MTS, which turns over billions of dollars and employs 50,000+ people, had their Vice-President of Corporate and Legal Affairs in attendance. Ruslan Ibragimov said that in dealing with a problem, the government should be cautious of not causing more problems, including disruption of a growing VPN market.

“We have an understanding that evil must be fought, but it’s not necessary to create a new evil, even more so – for those who are involved in this struggle,” he said.

“Broad wording of this law may pose a threat to our network, which could be affected by the new restrictive measures, as well as the VPN market, which we are currently developing, and whose potential market is estimated at 50 billion rubles a year.”

In its goal to maintain control of the Internet, it’s clear that Russia is determined to press ahead with legislative change. Unfortunately, it’s far from clear that there’s a technical solution to the problem, but if one is pursued regardless, there could be serious fallout.

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

Спорът БНР – Музикаутор, нова фаза

Post Syndicated from nellyo original https://nellyo.wordpress.com/2017/06/23/cpc-5/

На сайта на КЗК има съобщение, според което

С Определение № 654/15.06.2017 г. Комисията за защита на конкуренцията, на основание чл. 74, ал. 1, т. 3 от ЗЗК,  ПРЕДЯВИ на Сдружение на композитори, автори на литературни произведения, свързани с музиката и музикални издатели за колективно управление на авторски права „МУЗИКАУТОР“  твърдение за извършено нарушение по чл. 21, т. 5 от ЗЗК, изразяващо се в злоупотреба с господстващо положение на пазара на предоставяне на права за излъчване на музикални и литературни произведения от репертоара на Музикаутор по безжичен път, предаването или препредаването на произведенията по електронна съобщителна мрежа за доставчици на радиоуслуги на територията на страната, което може да предотврати, ограничи или наруши конкуренцията и да засегне интересите на потребителите посредством необосновано прекратяване на съществуващите договорни отношения с Българското национално радио, с което се препятства осъществяваната от радиото дейност.

В срок от 30 (тридесет) дни адресатът на определението и молителят имат право да представят писмени възражения по предявените твърдения.

*

През април 2017 СГС прекрати делото, заведено от БНР, поради недопустимост на иска.

През юни 2017 БНР и Музикаутор подписаха договор.

Filed under: BG Content, BG Media, Media Law

Sci-Hub Ordered to Pay $15 Million in Piracy Damages

Post Syndicated from Ernesto original https://torrentfreak.com/sci-hub-ordered-to-pay-15-million-in-piracy-damages-170623/

Two years ago, academic publisher Elsevier filed a complaint against Sci-Hub and several related “pirate” sites.

It accused the websites of making academic papers widely available to the public, without permission.

While Sci-Hub is nothing like the average pirate site, it is just as illegal according to Elsevier’s legal team, who obtained a preliminary injunction from a New York District Court last fall.

The injunction ordered Sci-Hub’s founder Alexandra Elbakyan to quit offering access to any Elsevier content. However, this didn’t happen.

Instead of taking Sci-Hub down, the lawsuit achieved the opposite. Sci-Hub grew bigger and bigger up to a point where its users were downloading hundreds of thousands of papers per day.

Although Elbakyan sent a letter to the court earlier, she opted not engage in the US lawsuit any further. The same is true for her fellow defendants, associated with Libgen. As a result, Elsevier asked the court for a default judgment and a permanent injunction which were issued this week.

Following a hearing on Wednesday, the Court awarded Elsevier $15,000,000 in damages, the maximum statutory amount for the 100 copyrighted works that were listed in the complaint. In addition, the injunction, through which Sci-Hub and LibGen lost several domain names, was made permanent.

Sci-Hub founder Alexandra Elbakyan says that even if she wanted to pay the millions of dollars in revenue, she doesn’t have the money to do so.

“The money project received and spent in about six years of its operation do not add up to 15 million,” Elbakyan tells torrentFreak.

“More interesting, Elsevier says: the Sci-Hub activity ’causes irreparable injury to Elsevier, its customers and the public’ and US court agreed. That feels like a perfect crime. If you want to cause an irreparable injury to American public, what do you have to do? Now we know the answer: establish a website where they can read research articles for free,” she adds.

Previously, Elbakyan already confirmed to us that, lawsuit or not, the site is not going anywhere.

“The Sci-Hub will continue as usual. In case of problems with the domain names, users can rely on TOR scihub22266oqcxt.onion,” Elbakyan added.

Sci-Hub is regularly referred to as the “Pirate Bay for science,” and based on the site’s resilience and its response to legal threats, it can certainly live up to this claim.

The Association of American Publishers (AAP) is happy with the outcome of the case.

“As the final judgment shows, the Court has not mistaken illegal activity for a public good,” AAP President and CEO Maria A. Pallante says.

“On the contrary, it has recognized the defendants’ operation for the flagrant and sweeping infringement that it really is and affirmed the critical role of copyright law in furthering scientific research and the public interest.”

Matt McKay, a spokesperson for the International Association of Scientific, Technical and Medical Publishers (STM) in Oxford went even further, telling Nature that the site doesn’t offer any value to the scientific comunity.

“Sci-Hub does not add any value to the scholarly community. It neither fosters scientific advancement nor does it value researchers’ achievements. It is simply a place for someone to go to download stolen content and then leave.”

Hundreds of thousands of academics, who regularly use the site to download papers, might contest this though.

With no real prospect of recouping the damages and an ever-resilient Elbakyan, Elsevier’s legal battle could just be a win on paper. Sci-Hub and Libgen are not going anywhere, it seems, and the lawsuit has made them more popular than ever before.

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

From Idea to Launch: Getting Your First Customers

Post Syndicated from Gleb Budman original https://www.backblaze.com/blog/how-to-get-your-first-customers/

line outside of Apple

After deciding to build an unlimited backup service and developing our own storage platform, the next step was to get customers and feedback. Not all customers are created equal. Let’s talk about the types, and when and how to attract them.

How to Get Your First Customers

First Step – Don’t Launch Publicly
Launch when you’re ready for the judgments of people who don’t know you at all. Until then, don’t launch. Sign up users and customers either that you know, those you can trust to cut you some slack (while providing you feedback), or at minimum those for whom you can set expectations. For months the Backblaze website was a single page with no ability to get the product and minimal info on what it would be. This is not to counter the Lean Startup ‘iterate quickly with customer feedback’ advice. Rather, this is an acknowledgement that there are different types of feedback required based on your development stage.

Sign Up Your Friends
We knew all of our first customers; they were friends, family, and previous co-workers. Many knew what we were up to and were excited to help us. No magic marketing or tech savviness was required to reach them – we just asked that they try the service. We asked them to provide us feedback on their experience and collected it through email and conversations. While the feedback wasn’t unbiased, it was nonetheless wide-ranging, real, and often insightful. These people were willing to spend time carefully thinking about their feedback and delving deeper into the conversations.

Broaden to Beta
Unless you’re famous or your service costs $1 million per customer, you’ll probably need to expand quickly beyond your friends to build a business – and to get broader feedback. Our next step was to broaden the customer base to beta users.

Opening up the service in beta provides three benefits:

  1. Air cover for the early warts. There are going to be issues, bugs, unnecessarily complicated user flows, and poorly worded text. Beta tells people, “We don’t consider the product ‘done’ and you should expect some of these issues. Please be patient with us.”
  2. A request for feedback. Some people always provide feedback, but beta communicates that you want it.
  3. An awareness opportunity. Opening up in beta provides an early (but not only) opportunity to have an announcement and build awareness.

Pitching Beta to Press
Not all press cares about, or is even willing to cover, beta products. Much of the mainstream press wants to write about services that are fully live, have scale, and are important in the marketplace. However, there are a number of sites that like to cover the leading edge – and that means covering betas. Techcrunch, Ars Technica, and SimpleHelp covered our initial private beta launch. I’ll go into the details of how to work with the press to cover your announcements in a post next month.

Private vs. Public Beta
Both private and public beta provide all three of the benefits above. The difference between the two is that private betas are much more controlled, whereas public ones bring in more users. But this isn’t an either/or – I recommend doing both.

Private Beta
For our original beta in 2008, we decided that we were comfortable with about 1,000 users subscribing to our service. That would provide us with a healthy amount of feedback and get some early adoption, while not overwhelming us or our server capacity, and equally important not causing cash flow issues from having to buy more equipment. So we decided to limit the sign-up to only the first 1,000 people who signed up; then we would shut off sign-ups for a while.

But how do you even get 1,000 people to sign up for your service? In our case, get some major publications to write about our beta. (Note: In a future post I’ll explain exactly how to find and reach out to writers. Sign up to receive all of the entrepreneurial posts in this series.)

Public Beta
For our original service (computer backup), we did not have a public beta; but when we launched Backblaze B2, we had a private and then a public beta. The private beta allowed us to work out early kinks, while the public beta brought us a more varied set of use cases. In public beta, there is no cap on the number of users that may try the service.

While this is a first-class problem to have, if your service is flooded and stops working, it’s still a problem. Think through what you will do if that happens. In our early days, when our system could get overwhelmed by volume, we had a static web page hosted with a different registrar that wouldn’t let customers sign up but would tell them when our service would be open again. When we reached a critical volume level we would redirect to it in order to at least provide status for when we could accept more customers.

Collect Feedback
Since one of the goals of betas is to get feedback, we made sure that we had our email addresses clearly presented on the site so users could send us thoughts. We were most interested in broad qualitative feedback on users’ experience, so all emails went to an internal mailing list that would be read by everyone at Backblaze.

For our B2 public and private betas, we also added an optional short survey to the sign-up process. In order to be considered for the private beta you had to fill the survey out, though we found that 80% of users continued to fill out the survey even when it was not required. This survey had both closed-end questions (“how much data do you have”) and open-ended ones (“what do you want to use cloud storage for?”).

BTW, despite us getting a lot of feedback now via our support team, Twitter, and marketing surveys, we are always open to more – you can email me directly at gleb.budman {at} backblaze.com.

Don’t Throw Away Users
Initially our backup service was available only on Windows, but we had an email sign-up list for people who wanted it for their Mac. This provided us with a sense of market demand and a ready list of folks who could be beta users and early adopters when we had a Mac version. Have a service targeted at doctors but lawyers are expressing interest? Capture that.

Product Launch

When
The first question is “when” to launch. Presuming your service is in ‘public beta’, what is the advantage of moving out of beta and into a “version 1.0”, “gold”, or “public availability”? That depends on your service and customer base. Some services fly through public beta. Gmail, on the other hand, was (in)famous for being in beta for 5 years, despite having over 100 million users.

The term beta says to users, “give us some leeway, but feel free to use the service”. That’s fine for many consumer apps and will have near zero impact on them. However, services aimed at businesses and government will often not be adopted with a beta label as the enterprise customers want to know the company feels the service is ‘ready’. While Backblaze started out as a purely consumer service, because it was a data backup service, it was important for customers to trust that the service was ready.

No product is bug-free. But from a product readiness perspective, the nomenclature should also be a reflection of the quality of the product. You can launch a product with one feature that works well out of beta. But a product with fifty features on which half the users will bump into problems should likely stay in beta. The customer feedback, surveys, and your own internal testing should guide you in determining this quality during the beta. Be careful about “we’ve only seen that one time” or “I haven’t been able to reproduce that on my machine”; those issues are likely to scale with customers when you launch.

How
Launching out of beta can be as simple as removing the beta label from the website/product. However, this can be a great time to reach out to press, write a blog post, and send an email announcement to your customers.

Consider thanking your beta testers somehow; can they get some feature turned out for free, an extension of their trial, or premium support? If nothing else, remember to thank them for their feedback. Users that signed up during your beta are likely the ones who will propel your service. They had the need and interest to both be early adopters and deal with bugs. They are likely the key to getting 1,000 true fans.

The Beginning
The title of this post was “Getting your first customers”, because getting to launch may feel like the peak of your journey when you’re pre-launch, but it really is just the beginning. It’s a step along the journey of building your business. If your launch is wildly successful, enjoy it, work to build on the momentum, but don’t lose track of building your business. If your launch is a dud, go out for a coffee with your team, say “well that sucks”, and then get back to building your business. You can learn a tremendous amount from your early customers, and they can become your biggest fans, but the success of your business will depend on what you continue to do the months and years after your launch.

The post From Idea to Launch: Getting Your First Customers appeared first on Backblaze Blog | Cloud Storage & Cloud Backup.

Kim Dotcom Opposes US’s “Fugitive” Claims at Supreme Court

Post Syndicated from Ernesto original https://torrentfreak.com/kim-dotcom-opposes-uss-fugitive-claims-supreme-court-170622/

megaupload-logoWhen Megaupload and Kim Dotcom were raided five years ago, the authorities seized millions of dollars in cash and other property.

The US government claimed the assets were obtained through copyright crimes so went after the bank accounts, cars, and other seized possessions of the Megaupload defendants.

Kim Dotcom and his colleagues were branded as “fugitives” and the Government won its case. Dotcom’s legal team quickly appealed this verdict, but lost once more at the Fourth Circuit appeals court.

A few weeks ago Dotcom and his former colleagues petitioned the Supreme Court to take on the case.

They don’t see themselves as “fugitives” and want the assets returned. The US Government opposed the request, but according to a new reply filed by Megaupload’s legal team, the US Government ignores critical questions.

The Government has a “vested financial stake” in maintaining the current situation, they write, which allows the authorities to use their “fugitive” claims as an offensive weapon.

“Far from being directed towards persons who have fled or avoided our country while claiming assets in it, fugitive disentitlement is being used offensively to strip foreigners of their assets abroad,” the reply brief (pdf) reads.

According to Dotcom’s lawyers there are several conflicting opinions from lower courts, which should be clarified by the Supreme Court. That Dotcom and his colleagues have decided to fight their extradition in New Zealand, doesn’t warrant the seizure of their assets.

“Absent review, forfeiture of tens of millions of dollars will be a fait accompli without the merits being reached,” they write, adding that this is all the more concerning because the US Government’s criminal case may not be as strong as claimed.

“This is especially disconcerting because the Government’s criminal case is so dubious. When the Government characterizes Petitioners as ‘designing and profiting from a system that facilitated wide-scale copyright infringement,’ it continues to paint a portrait of secondary copyright infringement, which is not a crime.”

The defense team cites several issues that warrant review and urges the Supreme Court to hear the case. If not, the Government will effectively be able to use assets seizures as a pressure tool to urge foreign defendants to come to the US.

“If this stands, the Government can weaponize fugitive disentitlement in order to claim assets abroad,” the reply brief reads.

“It is time for the Court to speak to the Questions Presented. Over the past two decades it has never had a better vehicle to do so, nor is any such vehicle elsewhere in sight,” Dotcom’s lawyers add.

Whether the Supreme Court accepts or denies the case will likely be decided in the weeks to come.

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

CoderDojo Coolest Projects 2017

Post Syndicated from Ben Nuttall original https://www.raspberrypi.org/blog/coderdojo-coolest-projects-2017/

When I heard we were merging with CoderDojo, I was delighted. CoderDojo is a wonderful organisation with a spectacular community, and it’s going to be great to join forces with the team and work towards our common goal: making a difference to the lives of young people by making technology accessible to them.

You may remember that last year Philip and I went along to Coolest Projects, CoderDojo’s annual event at which their global community showcase their best makes. It was awesome! This year a whole bunch of us from the Raspberry Pi Foundation attended Coolest Projects with our new Irish colleagues, and as expected, the projects on show were as cool as can be.

Coolest Projects 2017 attendee

Crowd at Coolest Projects 2017

This year’s coolest projects!

Young maker Benjamin demoed his brilliant RGB LED table tennis ball display for us, and showed off his brilliant project tutorial website codemakerbuddy.com, which he built with Python and Flask. [Click on any of the images to enlarge them.]

Coolest Projects 2017 LED ping-pong ball display
Coolest Projects 2017 Benjamin and Oly

Next up, Aimee showed us a recipes app she’d made with the MIT App Inventor. It was a really impressive and well thought-out project.

Coolest Projects 2017 Aimee's cook book
Coolest Projects 2017 Aimee's setup

This very successful OpenCV face detection program with hardware installed in a teddy bear was great as well:

Coolest Projects 2017 face detection bear
Coolest Projects 2017 face detection interface
Coolest Projects 2017 face detection database

Helen’s and Oly’s favourite project involved…live bees!

Coolest Projects 2017 live bees

BEEEEEEEEEEES!

Its creator, 12-year-old Amy, said she wanted to do something to help the Earth. Her project uses various sensors to record data on the bee population in the hive. An adjacent monitor displays the data in a web interface:

Coolest Projects 2017 Aimee's bees

Coolest robots

I enjoyed seeing lots of GPIO Zero projects out in the wild, including this robotic lawnmower made by Kevin and Zach:

Raspberry Pi Lawnmower

Kevin and Zach’s Raspberry Pi lawnmower project with Python and GPIO Zero, showed at CoderDojo Coolest Projects 2017

Philip’s favourite make was a Pi-powered robot you can control with your mind! According to the maker, Laura, it worked really well with Philip because he has no hair.

Philip Colligan on Twitter

This is extraordinary. Laura from @CoderDojo Romania has programmed a mind controlled robot using @Raspberry_Pi @coolestprojects

And here are some pictures of even more cool robots we saw:

Coolest Projects 2017 coolest robot no.1
Coolest Projects 2017 coolest robot no.2
Coolest Projects 2017 coolest robot no.3

Games, toys, activities

Oly and I were massively impressed with the work of Mogamad, Daniel, and Basheerah, who programmed a (borrowed) Amazon Echo to make a voice-controlled text-adventure game using Java and the Alexa API. They’ve inspired me to try something similar using the AIY projects kit and adventurelib!

Coolest Projects 2017 Mogamad, Daniel, Basheerah, Oly
Coolest Projects 2017 Alexa text-based game

Christopher Hill did a brilliant job with his Home Alone LEGO house. He used sensors to trigger lights and sounds to make it look like someone’s at home, like in the film. I should have taken a video – seeing it in action was great!

Coolest Projects 2017 Lego home alone house
Coolest Projects 2017 Lego home alone innards
Coolest Projects 2017 Lego home alone innards closeup

Meanwhile, the Northern Ireland Raspberry Jam group ran a DOTS board activity, which turned their area into a conductive paint hazard zone.

Coolest Projects 2017 NI Jam DOTS activity 1
Coolest Projects 2017 NI Jam DOTS activity 2
Coolest Projects 2017 NI Jam DOTS activity 3
Coolest Projects 2017 NI Jam DOTS activity 4
Coolest Projects 2017 NI Jam DOTS activity 5
Coolest Projects 2017 NI Jam DOTS activity 6

Creativity and ingenuity

We really enjoyed seeing so many young people collaborating, experimenting, and taking full advantage of the opportunity to make real projects. And we loved how huge the range of technologies in use was: people employed all manner of hardware and software to bring their ideas to life.

Philip Colligan on Twitter

Wow! Look at that room full of awesome young people. @coolestprojects #coolestprojects @CoderDojo

Congratulations to the Coolest Projects 2017 prize winners, and to all participants. Here are some of the teams that won in the different categories:

Coolest Projects 2017 winning team 1
Coolest Projects 2017 winning team 2
Coolest Projects 2017 winning team 3

Take a look at the gallery of all winners over on Flickr.

The wow factor

Raspberry Pi co-founder and Foundation trustee Pete Lomas came along to the event as well. Here’s what he had to say:

It’s hard to describe the scale of the event, and photos just don’t do it justice. The first thing that hit me was the sheer excitement of the CoderDojo ninjas [the children attending Dojos]. Everyone was setting up for their time with the project judges, and their pure delight at being able to show off their creations was evident in both halls. Time and time again I saw the ninjas apply their creativity to help save the planet or make someone’s life better, and it’s truly exciting that we are going to help that continue and expand.

Even after 8 hours, enthusiasm wasn’t flagging – the awards ceremony was just brilliant, with ninjas high-fiving the winners on the way to the stage. This speaks volumes about the ethos and vision of the CoderDojo founders, where everyone is a winner just by being part of a community of worldwide friends. It was a brilliant introduction, and if this weekend was anything to go by, our merger certainly is a marriage made in Heaven.

Join this awesome community!

If all this inspires you as much as it did us, consider looking for a CoderDojo near you – and sign up as a volunteer! There’s plenty of time for young people to build up skills and start working on a project for next year’s event. Check out coolestprojects.com for more information.

The post CoderDojo Coolest Projects 2017 appeared first on Raspberry Pi.

Three Men Sentenced Following £2.5m Internet Piracy Case

Post Syndicated from Andy original https://torrentfreak.com/three-men-sentenced-following-2-5m-internet-piracy-case-170622/

While legal action against low-level individual file-sharers is extremely rare in the UK, the country continues to pose a risk for those engaged in larger-scale infringement.

That is largely due to the activities of the Police Intellectual Property Crime Unit and private anti-piracy outfits such as the Federation Against Copyright Theft (FACT). Investigations are often a joint effort which can take many years to complete, but the outcomes can often involve criminal sentences.

That was the profile of another Internet piracy case that concluded in London this week. It involved three men from the UK, Eric Brooks, 43, from Bolton, Mark Valentine, 44, from Manchester, and Craig Lloyd, 33, from Wolverhampton.

The case began when FACT became aware of potentially infringing activity back in February 2011. The anti-piracy group then investigated for more than a year before handing the case to police in March 2012.

On July 4, 2012, officers from City of London Police arrested Eric Brooks’ at his home in Bolton following a joint raid with FACT. Computer equipment was seized containing evidence that Brooks had been running a Netherlands-based server hosting more than £100,000 worth of pirated films, music, games, software and ebooks.

According to police, a spreadsheet on Brooks’ computer revealed he had hundreds of paying customers, all recruited from online forums. Using PayPal or utilizing bank transfers, each paid money to access the server. Police mentioned no group or site names in information released this week.

“Enquiries with PayPal later revealed that [Brooks] had made in excess of £500,000 in the last eight years from his criminal business and had in turn defrauded the film and TV industry alone of more than £2.5 million,” police said.

“As his criminal enterprise affected not only the film and TV but the wider entertainment industry including music, games, books and software it is thought that he cost the wider industry an amount much higher than £2.5 million.”

On the same day police arrested Brooks, Mark Valentine’s home in Manchester had a similar unwelcome visit. A day later, Craig Lloyd’s home in Wolverhampton become the third target for police.

Computer equipment was seized from both addresses which revealed that the pair had been paying for access to Brooks’ servers in order to service their own customers.

“They too had used PayPal as a means of taking payment and had earned thousands of pounds from their criminal actions; Valentine gaining £34,000 and Lloyd making over £70,000,” police revealed.

But after raiding the trio in 2012, it took more than four years to charge the men. In a feature common to many FACT cases, all three were charged with Conspiracy to Defraud rather than copyright infringement offenses. All three men pleaded guilty before trial.

On Monday, the men were sentenced at Inner London Crown Court. Brooks was sentenced to 24 months in prison, suspended for 12 months and ordered to complete 140 hours of unpaid work.

Valentine and Lloyd were each given 18 months in prison, suspended for 12 months. Each was ordered to complete 80 hours unpaid work.

Detective Constable Chris Glover, who led the investigation for the City of London Police, welcomed the sentencing.

“The success of this investigation is a result of co-ordinated joint working between the City of London Police and FACT. Brooks, Valentine and Lloyd all thought that they were operating under the radar and doing something which they thought was beyond the controls of law enforcement,” Glover said.

“Brooks, Valentine and Lloyd will now have time in prison to reflect on their actions and the result should act as deterrent for anyone else who is enticed by abusing the internet to the detriment of the entertainment industry.”

While even suspended sentences are a serious matter, none of the men will see the inside of a cell if they meet the conditions of their sentence for the next 12 months. For a case lasting four years involving such large sums of money, that is probably a disappointing result for FACT and the police.

Nevertheless, the men won’t be allowed to enjoy the financial proceeds of their piracy, if indeed any money is left. City of London Police say the trio will be subject to a future confiscation hearing to seize any proceeds of crime.

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

Is Continuing to Patch Windows XP a Mistake?

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2017/06/is_continuing_t.html

Last week, Microsoft issued a security patch for Windows XP, a 16-year-old operating system that Microsoft officially no longer supports. Last month, Microsoft issued a Windows XP patch for the vulnerability used in WannaCry.

Is this a good idea? This 2014 essay argues that it’s not:

The zero-day flaw and its exploitation is unfortunate, and Microsoft is likely smarting from government calls for people to stop using Internet Explorer. The company had three ways it could respond. It could have done nothing­ — stuck to its guns, maintained that the end of support means the end of support, and encouraged people to move to a different platform. It could also have relented entirely, extended Windows XP’s support life cycle for another few years and waited for attrition to shrink Windows XP’s userbase to irrelevant levels. Or it could have claimed that this case is somehow “special,” releasing a patch while still claiming that Windows XP isn’t supported.

None of these options is perfect. A hard-line approach to the end-of-life means that there are people being exploited that Microsoft refuses to help. A complete about-turn means that Windows XP will take even longer to flush out of the market, making it a continued headache for developers and administrators alike.

But the option Microsoft took is the worst of all worlds. It undermines efforts by IT staff to ditch the ancient operating system and undermines Microsoft’s assertion that Windows XP isn’t supported, while doing nothing to meaningfully improve the security of Windows XP users. The upside? It buys those users at best a few extra days of improved security. It’s hard to say how that was possibly worth it.

This is a hard trade-off, and it’s going to get much worse with the Internet of Things. Here’s me:

The security of our computers and phones also comes from the fact that we replace them regularly. We buy new laptops every few years. We get new phones even more frequently. This isn’t true for all of the embedded IoT systems. They last for years, even decades. We might buy a new DVR every five or ten years. We replace our refrigerator every 25 years. We replace our thermostat approximately never. Already the banking industry is dealing with the security problems of Windows 95 embedded in ATMs. This same problem is going to occur all over the Internet of Things.

At least Microsoft has security engineers on staff that can write a patch for Windows XP. There will be no one able to write patches for your 16-year-old thermostat and refrigerator, even assuming those devices can accept security patches.

MPAA & RIAA Demand Tough Copyright Standards in NAFTA Negotiations

Post Syndicated from Andy original https://torrentfreak.com/mpaa-riaa-demand-tough-copyright-standards-in-nafta-negotiations-170621/

The North American Free Trade Agreement (NAFTA) between the United States, Canada, and Mexico was negotiated more than 25 years ago. With a quarter of a decade of developments to contend with, the United States wants to modernize.

“While our economy and U.S. businesses have changed considerably over that period, NAFTA has not,” the government says.

With this in mind, the US requested comments from interested parties seeking direction for negotiation points. With those comments now in, groups like the MPAA and RIAA have been making their positions known. It’s no surprise that intellectual property enforcement is high on the agenda.

“Copyright is the lifeblood of the U.S. motion picture and television industry. As such, MPAA places high priority on securing strong protection and enforcement disciplines in the intellectual property chapters of trade agreements,” the MPAA writes in its submission.

“Strong IPR protection and enforcement are critical trade priorities for the music industry. With IPR, we can create good jobs, make significant contributions to U.S. economic growth and security, invest in artists and their creativity, and drive technological innovation,” the RIAA notes.

While both groups have numerous demands, it’s clear that each seeks an environment where not only infringers can be held liable, but also Internet platforms and services.

For the RIAA, there is a big focus on the so-called ‘Value Gap’, a phenomenon found on user-uploaded content sites like YouTube that are able to offer infringing content while avoiding liability due to Section 512 of the DMCA.

“Today, user-uploaded content services, which have developed sophisticated on-demand music platforms, use this as a shield to avoid licensing music on fair terms like other digital services, claiming they are not legally responsible for the music they distribute on their site,” the RIAA writes.

“Services such as Apple Music, TIDAL, Amazon, and Spotify are forced to compete with services that claim they are not liable for the music they distribute.”

But if sites like YouTube are exercising their rights while acting legally under current US law, how can partners Canada and Mexico do any better? For the RIAA, that can be achieved by holding them to standards envisioned by the group when the DMCA was passed, not how things have panned out since.

Demanding that negotiators “protect the original intent” of safe harbor, the RIAA asks that a “high-level and high-standard service provider liability provision” is pursued. This, the music group says, should only be available to “passive intermediaries without requisite knowledge of the infringement on their platforms, and inapplicable to services actively engaged in communicating to the public.”

In other words, make sure that YouTube and similar sites won’t enjoy the same level of safe harbor protection as they do today.

The RIAA also requires any negotiated safe harbor provisions in NAFTA to be flexible in the event that the DMCA is tightened up in response to the ongoing safe harbor rules study.

In any event, NAFTA should not “support interpretations that no longer reflect today’s digital economy and threaten the future of legitimate and sustainable digital trade,” the RIAA states.

For the MPAA, Section 512 is also perceived as a problem. While noting that the original intent was to foster a system of shared responsibility between copyright owners and service providers, the MPAA says courts have subsequently let copyright holders down. Like the RIAA, the MPAA also suggests that Canada and Mexico can be held to higher standards.

“We recommend a new approach to this important trade policy provision by moving to high-level language that establishes intermediary liability and appropriate limitations on liability. This would be fully consistent with U.S. law and avoid the same misinterpretations by policymakers and courts overseas,” the MPAA writes.

“In so doing, a modernized NAFTA would be consistent with Trade Promotion Authority’s negotiating objective of ‘ensuring that standards of protection and enforcement keep pace with technological developments’.”

The MPAA also has some specific problems with Mexico, including unauthorized camcording. The Hollywood group says that 85 illicit audio and video recordings of films were linked to Mexican theaters in 2016. However, recording is not currently a criminal offense in Mexico.

Another issue for the MPAA is that criminal sanctions for commercial scale infringement are only available if the infringement is for profit.

“This has hampered enforcement against the above-discussed camcording problem but also against online infringement, such as peer-to-peer piracy, that may be on a scale that is immensely harmful to U.S. rightsholders but nonetheless occur without profit by the infringer,” the MPAA writes.

“The modernized NAFTA like other U.S. bilateral free trade agreements must provide for criminal sanctions against commercial scale infringements without proof of profit motive.”

Also of interest are the MPAA’s complaints against Mexico’s telecoms laws. Unlike in the US and many countries in Europe, Mexico’s ISPs are forbidden to hand out their customers’ personal details to rights holders looking to sue. This, the MPAA says, needs to change.

The submissions from the RIAA and MPAA can be found here and here (pdf)

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

The Dangers of Secret Law

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2017/06/the_dangers_of_.html

Last week, the Department of Justice released 18 new FISC opinions related to Section 702 as part of an EFF FOIA lawsuit. (Of course, they don’t mention EFF or the lawsuit. They make it sound as if it was their idea.)

There’s probably a lot in these opinions. In one Kafkaesque ruling, a defendant was denied access to the previous court rulings that were used by the court to decide against it:

…in 2014, the Foreign Intelligence Surveillance Court (FISC) rejected a service provider’s request to obtain other FISC opinions that government attorneys had cited and relied on in court filings seeking to compel the provider’s cooperation.

[…]

The provider’s request came up amid legal briefing by both it and the DOJ concerning its challenge to a 702 order. After the DOJ cited two earlier FISC opinions that were not public at the time — one from 2014 and another from 2008­ — the provider asked the court for access to those rulings.

The provider argued that without being able to review the previous FISC rulings, it could not fully understand the court’s earlier decisions, much less effectively respond to DOJ’s argument. The provider also argued that because attorneys with Top Secret security clearances represented it, they could review the rulings without posing a risk to national security.

The court disagreed in several respects. It found that the court’s rules and Section 702 prohibited the documents release. It also rejected the provider’s claim that the Constitution’s Due Process Clause entitled it to the documents.

This kind of government secrecy is toxic to democracy. National security is important, but we will not survive if we become a country of secret court orders based on secret interpretations of secret law.

Court Grants Subpoenas to Unmask ‘TVAddons’ and ‘ZemTV’ Operators

Post Syndicated from Ernesto original https://torrentfreak.com/court-grants-subpoenas-to-unmask-tvaddons-and-zemtv-operators-170621/

Earlier this month we broke the news that third-party Kodi add-on ZemTV and the TVAddons library were being sued in a federal court in Texas.

In a complaint filed by American satellite and broadcast provider Dish Network, both stand accused of copyright infringement, facing up to $150,000 for each offense.

While the allegations are serious, Dish doesn’t know the full identities of the defendants.

To find out more, the company requested a broad range of subpoenas from the court, targeting Amazon, Github, Google, Twitter, Facebook, PayPal, and several hosting providers.

From Dish’s request

This week the court granted the subpoenas, which means that they can be forwarded to the companies in question. Whether that will be enough to identify the people behind ‘TVAddons’ and ‘ZemTV’ remains to be seen, but Dish has cast its net wide.

For example, the subpoena directed at Google covers any type of information that can be used to identify the account holder of [email protected], which is believed to be tied to ZemTV.

The information requested from Google includes IP address logs with session date and timestamps, but also covers “all communications,” including GChat messages from 2014 onwards.

Similarly, Twitter is required to hand over information tied to the accounts of the users “TV Addons” and “shani_08_kodi” as well as other accounts linked to tvaddons.ag and streamingboxes.com. This also applies the various tweets that were sent through the account.

The subpoena specifically mentions “all communications, including ‘tweets’, Twitter sent to or received from each Twitter Account during the time period of February 1, 2014 to present.”

From the Twitter subpoena

Similar subpoenas were granted for the other services, tailored towards the information Dish hopes to find there. For example, the broadcast provider also requests details of each transaction from PayPal, as well as all debits and credits to the accounts.

In some parts, the subpoenas appear to be quite broad. PayPal is asked to reveal information on any account with the credit card statement “Shani,” for example. Similarly, Github is required to hand over information on accounts that are ‘associated’ with the tvaddons.ag domain, which is referenced by many people who are not directly connected to the site.

The service providers in question still have the option to challenge the subpoenas or ask the court for further clarification. A full overview of all the subpoena requests is available here (Exhibit 2 and onwards), including all the relevant details. This also includes several letters to foreign hosting providers.

While Dish still appears to be keen to find out who is behind ‘TVAddons’ and ‘ZemTV,’ not much has been heard from the defendants in question.

ZemTV developer “Shani” shut down his addon soon after the lawsuit was announced, without mentioning it specifically. TVAddons, meanwhile, has been offline for well over a week, without any notice in public about the reason for the prolonged downtime.

The court’s order granting the subpoenas and letters of request is available here (pdf).

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

Internet Provider Refutes RIAA’s Piracy Allegations

Post Syndicated from Ernesto original https://torrentfreak.com/internet-provider-refutes-riaas-piracy-allegations-170620/

For more than a decade copyright holders have been sending ISPs takedown notices to alert them that their subscribers are sharing copyrighted material.

Under US law, providers have to terminate the accounts of repeat infringers “in appropriate circumstances” and increasingly they are being held to this standard.

Earlier this year several major record labels, represented by the RIAA, filed a lawsuit in a Texas District Court, accusing ISP Grande Communications of failing to take action against its pirating subscribers.

“Despite their knowledge of repeat infringements, Defendants have permitted repeat infringers to use the Grande service to continue to infringe Plaintiffs’ copyrights without consequence,” the RIAA’s complaint read.

Grande and its management consulting firm Patriot, which was also sued, both disagree and have filed a motion to dismiss at the court this week. Grande argues that it doesn’t encourage any of its customers to download copyrighted works, and that it has no control over the content subscribers access.

The Internet provider doesn’t deny that it has received millions of takedown notices through the piracy tracking company Rightscorp. However, it believes that these notices are flawed as Rightscorp is incapable of monitoring actual copyright infringements.

“These notices are so numerous and so lacking in specificity, that it is infeasible for Grande to devote the time and resources required to meaningfully investigate them. Moreover, the system that Rightscorp employs to generate its notices is incapable of detecting actual infringement and, therefore, is incapable of generating notices that reflect real infringement,” Grande writes.

Grande says that if they acted on these notices without additional proof, its subscribers could lose their Internet access even though they are using it for legal purposes.

“To merely treat these allegations as true without investigation would be a disservice to Grande’s subscribers, who would run the risk of having their Internet service permanently terminated despite using Grande’s services for completely legitimate purposes.”

Even if the notices were able to prove actual infringement, they would still fail to identify the infringer, according to the ISP. The notices identify IP-addresses which may have been used by complete strangers, who connected to the network without permission.

The Internet provider admits that online copyright infringement is a real problem. But, they see themselves as a victim of this problem, not a perpetrator, as the record labels suggest.

“Grande does not profit or receive any benefit from subscribers that may engage in such infringing activity using its network. To the contrary, Grande suffers demonstrable losses as a direct result of purported copyright infringement conducted on its network.

“To hold Grande liable for copyright infringement simply because ‘something must be done’ to address this growing problem is to hold the wrong party accountable,” Grande adds.

In common with the previous case against Cox Communications, Rightscorp’s copyright infringement notices are once again at the center of a prominent lawsuit. According to Grande, Rightscorp’s system can’t prove that infringing content was actually downloaded by third parties, only that it was made available.

The Internet provider sees the lacking infringement notices as a linchpin that, if pulled, will take the entire case down.

It’s expected that, if the case moves forward, both parties will do all they can to show that the evidence is sufficient, or not. In the Cox lawsuit, this was the case, but that verdict is currently being appealed.

Grande Communication’s full motion to dismiss is avalaible here (pdf).

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

За очакванията към обществените медии

Post Syndicated from nellyo original https://nellyo.wordpress.com/2017/06/20/19203bbc/

 

Контекстът, в който работят обществените медии, се променя бързо. В резултат на тези промени се наблюдава и промяна в аудиторията по отношение на обществените медии. Поради това са необходими изследвания, за да се разберат приоритетите на обществеността, като се има предвид тази променяща се среда.

Какви са очакванията на хората по отношение на обществените телевизия и радио? Основен въпрос предвид финансирането с публичен ресурс.

На сайта на регулатора Ofcom   са  оповестени резултатите от изследването на обществените очаквания в Обединеното кралство към Би Би Си с акцент върху отличителността на Би Би Си – според доклада отличителни за Би Би Си са качество, професионализъм, достоверност на информацията, богатство от таланти,  ангажирани с производството и представянето на предаванията.

Събрани и обобщени са мнения за ролята на Би Би Си в обществото и новите й обществени функции.

Докладът

Важен е докладът –  но и подходът. За сравнение –  как е тук: без доклад. В миналото Народно събрание Полина Карастоянова, шеф на парламентарната комисия за култура и медии, проведе среща, наречена обществено обсъждане (10 март 2016) на обществените медии –  ето така. 

Filed under: EU Law, Media Law

Регулаторът отложи отново избора на генерален директор на БНТ

Post Syndicated from nellyo original https://nellyo.wordpress.com/2017/06/20/bnt-13/

Изглеждаше, че процедурата за избор на генерален директор на БНТ е обявена окончателно и на 2 август ще има избран нов генерален директор. Не е окончателно – на сайта на СЕМ има съобщение – изборът се отлага за края на август, причина:

за да се осигури достъп до актуална информация за програмното, технологичното и финансовото състояние на обществената медия, с оглед на гарантиране на равнопоставеното участие на кандидатите.

Причината е странна и проблематична: така излиза, че
(1) досегашните конкурси са провеждани в условия на неравнопоставеност на кандидатите и
(2)   с  един отчет  за полугодието  ще се  гарантира  равнопоставеното участие на кандидатите – с което се прехвърля отговорността за  равнопоставеността към сегашното ръководство на БНТ. А ако в отчета няма достатъчно информация – ще се отлага ли процедурата отново? И колко информация е достатъчно?

Колкото повече думи натрупва регулаторът около този отлаган избор, толкова повече въпроси възникват.

*
Прессъобщение

06 Юни 2017

Съветът за електронни медии (СЕМ), във връзка с обявената на 31 май 2017 г. процедура за избор на генерален директор на Българската национална телевизия (БНТ), реши да удължи срока за подаване на документи от кандидатите. Промяната се налага, за да се осигури достъп до актуална информация за програмното, технологичното и финансовото състояние на обществената медия, с оглед на гарантиране на равнопоставеното участие на кандидатите.
Във връзка с това СЕМ ще изиска от БНТ отчет за последното шестмесечие, който ще бъде разгледан на 3 юли и публикуван на сайта на регулатора.
Сроковете за отделните етапи на процедурата се изменят, както следва: подаване на документи – до 17 юли 2017 г.;
оповестяване на кандидатите, които са допуснати до процедурата – 08 август 2017 г.;
оповестяване на кандидатите, които са допуснати до изслушване – 17 август 2017 г.;
изслушвания – 21-22 август 2017 г.;
избор на генерален директор – 23 август 2017 г.
Решение РД-05-159/2016 г. относно процедура за избор на генерален директор на националния обществен доставчик на радиоуслуги, съответно на генерален директор на националния обществен доставчик на аудио-визуални медийни услуги

Filed under: BG Media, BG Regulator, Media Law

The Pirate Bay Isn’t Affected By Adverse Court Rulings – Everyone Else Is

Post Syndicated from Andy original https://torrentfreak.com/the-pirate-bay-isnt-affected-by-adverse-court-rulings-everyone-else-is-170618/

For more than a decade The Pirate Bay has been the world’s most controversial site. Delivering huge quantities of copyrighted content to the masses, the platform is revered and reviled across the copyright spectrum.

Its reputation is one of a defiant Internet swashbuckler, but due to changes in how the site has been run in more recent times, its current philosophy is more difficult to gauge. What has never been in doubt, however, is the site’s original intent to be as provocative as possible.

Through endless publicity stunts, some real, some just for the ‘lulz’, The Pirate Bay managed to attract a massive audience, all while incurring the wrath of every major copyright holder in the world.

Make no mistake, they all queued up to strike back, but every subsequent rightsholder action was met by a Pirate Bay middle finger, two fingers, or chin flick, depending on the mood of the day. This only served to further delight the masses, who happily spread the word while keeping their torrents flowing.

This vicious circle of being targeted by the entertainment industries, mocking them, and then reaping the traffic benefits, developed into the cheapest long-term marketing campaign the Internet had ever seen. But nothing is ever truly for free and there have been consequences.

After taunting Hollywood and the music industry with its refusals to capitulate, endless legal action that the site would have ordinarily been forced to participate in largely took place without The Pirate Bay being present. It doesn’t take a law degree to work out what happened in each and every one of those cases, whatever complex route they took through the legal system. No defense, no win.

For example, the web-blocking phenomenon across the UK, Europe, Asia and Australia was driven by the site’s absolute resilience and although there would clearly have been other scapegoats had The Pirate Bay disappeared, the site was the ideal bogeyman the copyright lobby required to move forward.

Filing blocking lawsuits while bringing hosts, advertisers, and ISPs on board for anti-piracy initiatives were also made easier with the ‘evil’ Pirate Bay still online. Immune from every anti-piracy technique under the sun, the existence of the platform in the face of all onslaughts only strengthened the cases of those arguing for even more drastic measures.

Over a decade, this has meant a significant tightening of the sharing and streaming climate. Without any big legislative changes but plenty of case law against The Pirate Bay, web-blocking is now a walk in the park, ad hoc domain seizures are a fairly regular occurrence, and few companies want to host sharing sites. Advertisers and brands are also hesitant over where they place their ads. It’s a very different world to the one of 10 years ago.

While it would be wrong to attribute every tightening of the noose to the actions of The Pirate Bay, there’s little doubt that the site and its chaotic image played a huge role in where copyright enforcement is today. The platform set out to provoke and succeeded in every way possible, gaining supporters in their millions. It could also be argued it kicked a hole in a hornets’ nest, releasing the hell inside.

But perhaps the site’s most amazing achievement is the way it has managed to stay online, despite all the turmoil.

This week yet another ruling, this time from the powerful European Court of Justice, found that by offering links in the manner it does, The Pirate Bay and other sites are liable for communicating copyright works to the public. Of course, this prompted the usual swathe of articles claiming that this could be the final nail in the site’s coffin.

Wrong.

In common with every ruling, legal defeat, and legislative restriction put in place due to the site’s activities, this week’s decision from the ECJ will have zero effect on the Pirate Bay’s availability. For right or wrong, the site was breaking the law long before this ruling and will continue to do so until it decides otherwise.

What we have instead is a further tightened legal landscape that will have a lasting effect on everything BUT the site, including weaker torrent sites, Internet users, and user-uploaded content sites such as YouTube.

With The Pirate Bay carrying on regardless, that is nothing short of remarkable.

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

Court Orders Google to Remove Links to Takedown Notice

Post Syndicated from Ernesto original https://torrentfreak.com/court-orders-google-to-remove-links-to-takedown-notice-170616/

On an average day Google processes more than three million takedown notices from copyright holders, and that’s for its search engine alone.

Thanks to Google’s transparency report, the public is able to see where these notices come from and what content they’re targeting. In addition, Google partners with Lumen to post copies of most notices online.

Founded by Harvard’s Berkman Center, Lumen is one of the few tools that helps to keep copyright holders accountable, while offering an invaluable database for researchers and the public in general.

However, not everyone is pleased with the service. Many copyright holders find it unfair that Google still indirectly links to the infringing URLs, because the search results point people to the takedown notice on Lumen, where these are listed in public.

Google linking to a standard DMCA notice

In Germany, a similar complaint was at the center of a lawsuit. A local company found that when people entered its name into the search engine combined with the term ‘suspected fraud’ (Betrugsverdacht), several search results would appear suggesting that the two were linked.

Since making false claims against companies is not allowed in Germany, the company wanted the results removed. The court agreed with this assessment and ordered Google to take action, which it did. However, after removing the results, Google added a mention at the bottom of the results pointing users to the takedown request on Lumen.

“As a reaction to a legal request that was sent to Google, we have removed one search result. You can find further information at LumenDatabase.org,” Google noted, with a link.

The company wasn’t happy with this and wanted Google to remove this mention, since it indirectly linked to the offensive URLs. After a lower court first sided with Google, the Higher Regional Court of Munich has now ordered (pdf) the search engine to remove the link to the Lumen notice.

Mirko Brüß, a lawyer and expert on German copyright law, wrote a detailed overview of the case in question on IPKAT explaining the court’s reasoning.

“By presenting its users an explanation about the deleted search result, combined with a hyperlink to the Lumen website where the deleted search result could be clicked, Google (still) enabled users to find and read the infringing statements, even after being ordered by a court to discontinue doing so,” he notes.

“The court found that it made no difference whether one or two clicks are needed to get to the result,” Brüß adds.

Lumen

While the order only refers to the link at the bottom of the search results, it may also apply to the transparency report itself, Brüß informs TorrentFreak.

It will be interesting to see if copyright holders will use similar means to ensure that Google stops linking to copies of their takedown notices. That would seriously obstruct Google’s well-intentioned transparency efforts, but thus far this hasn’t happened.

Finally, it is worth noting that Google doesn’t index the takedown notices from Lumen itself. Links to takedown notices are only added to search results where content has been removed, either by court order or following a DMCA request.

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

Pirate Bay Ruling is Bad News For Google & YouTube, Experts Says

Post Syndicated from Andy original https://torrentfreak.com/pirate-bay-ruling-is-bad-news-for-google-youtube-experts-says-170615/

After years of legal wrangling, yesterday the European Court of Justice handed down a decision in the case between Dutch anti-piracy outfit BREIN and ISPs Ziggo and XS4ALL.

BREIN had demanded that the ISPs block The Pirate Bay, but both providers dug in their heels, forcing the case through the Supreme Court and eventually the ECJ.

For BREIN, yesterday’s decision will have been worth the wait. Although The Pirate Bay does not provide the content that’s ultimately downloaded and shared by its users, the ECJ said that it plays an important role in how that content is presented.

“Whilst it accepts that the works in question are placed online by the users, the Court highlights the fact that the operators of the platform play an essential role in making those works available,” the Court said.

With that established the all-important matter is whether by providing such a platform, the operators of The Pirate Bay are effectively engaging in a “communication to the public” of copyrighted works. According to the ECJ, that’s indeed the case.

“The Court holds that the making available and management of an online sharing platform must be considered to be an act of communication for the purposes of the directive,” the ECJ said.

Add into the mix that The Pirate Bay generates profit from its activities and there’s a potent case for copyright liability.

While the case was about The Pirate Bay, ECJ rulings tend to have an effect far beyond individual cases. That’s certainly the opinion of Enzo Mazza, chief at Italian anti-piracy group FIMI.

“The ruling will have a major impact on the way that entities like Google operate, because it will expose them to a greater and more direct responsibility,” Mazza told La Repubblica.

“So far, Google has worked against piracy by eliminating illegal content after it gets reported. But that is not enough. It is a fairly ineffective intervention.”

Mazza says that platforms like Google, YouTube, and thousands of similar sites that help to organize and curate user-uploaded content are somewhat similar to The Pirate Bay. In any event, they are not neutral intermediaries, he insists.

The conclusion that the decision is bad for platforms like YouTube is shared by Fulvio Sarzana, a lawyer with Sarzana and Partners, a law firm specializing in Internet and copyright disputes.

“In the ruling, the Court has in fact attributed, for the first time, secondary liability to sharing platforms due to the violation of copyrights carried out by the users of a platform,” Sarzana informs TF.

“This will have consequences for video-sharing platforms and user-generated content sites like YouTube, but it excludes responsibility for platforms that play a purely passive role, without affecting users’ content. This the case with cyberlockers, for example.”

Sarzana says that “unfortunate judgments” like this should be expected, until the approval of a new European copyright law. Enzo Mazza, on the other hand, feels that the copyright reform debate should take account of this ruling when formulating legislation to stop platforms like YouTube exploiting copyright works without an appropriate license.

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

Съд на ЕС: за достъпа до The Pirate Bay

Post Syndicated from nellyo original https://nellyo.wordpress.com/2017/06/15/the-pirate-bay-5/

Вчера беше публикувано решението на Съда на ЕС по дело C‑610/15 Stichting Brein срещу Ziggo BV и XS4ALL Internet BV.

Решението засяга функционирането и достъпа до The Pirate Bay.

Спорът

9 Ziggo и XS4ALL са доставчици на достъп до интернет. Значителна част от техните абонати ползват платформата за онлайн споделяне TPB, индексатор на BitTorrent файлове. BitTorrent е протокол, чрез който потребителите (наричани „равноправни устройства“ или „peers“) могат да споделят файлове. Съществената характеристика на BitTorrent се състои в това, че файловете, които се споделят, са разделени на малки сегменти, като по този начин отпада необходимостта от централен сървър за съхраняване на тези файлове, което облекчава тежестта на индивидуалните сървъри в процеса на споделянето. За да могат да споделят файлове, потребителите трябва най-напред да свалят специален софтуер, наречен „BitTorrent клиент“, който не се предлага от платформата за онлайн споделяне TPB. Този BitTorrent клиент представлява софтуер, който позволява създаването на торент файлове.

10      Потребителите (наричани „seeders“ [сийдъри]), които желаят да предоставят файл от своя компютър на разположение на други потребители (наричани „leechers“ [лийчъри]), трябва да създадат торент файл чрез своя BitTorrent клиент. Торент файловете препращат към централен сървър (наричан „tracker“ [тракер]), който идентифицира потребители, които могат да споделят конкретен торент файл, както и прилежащия към него медиен файл. Тези торент файлове се качват (upload) от сийдърите (на платформа за онлайн споделяне, каквато е TPB, която след това ги индексира, за да могат те да бъдат намирани от потребителите на платформата за онлайн споделяне и произведенията, към които тези торент файлове препращат, да могат да бъдат сваляни (download) на компютрите на последните на отделни сегменти чрез техния BitTorrent клиент.

11      Често пъти вместо торенти се използват магнитни линкове. Тези линкове идентифицират съдържанието на торента и препращат към него чрез цифров отпечатък.

12      Голямото мнозинство от предлаганите на платформата за онлайн споделяне TPB торент файлове препращат към произведения, които са обект на закрила от авторски права, без да е дадено разрешение от носителите на авторското право на администраторите и на потребителите на тази платформа за извършване на действията по споделянето.

13      Главното искане на Stichting Brein в производството пред националната юрисдикция е да разпореди на Ziggo и на XS4ALL да блокират имената на домейни и интернет адресите на платформата за онлайн споделяне TPB с цел да се предотврати възможността за ползване на услугите на тези доставчици на достъп до интернет за нарушаване на авторското и сродните му права на носителите на правата, чиито интереси защитава Stichting Brein.

Въпросите

 При тези обстоятелства Hoge Raad der Nederlanden (Върховен съд на Нидерландия) решава да спре производството по делото и да постави на Съда следните преюдициални въпроси:

„1)      Налице ли е публично разгласяване по смисъла на член 3, параграф 1 от Директива 2001/29 от страна на администратора на уебсайт, ако на този уебсайт не са налице защитени произведения, но съществува система […], с която намиращи се в компютрите на потребителите метаданни за защитени произведения се индексират и категоризират за потребителите по начин, по който последните могат да проследяват, да качват онлайн, както и да свалят закриляните произведения?

2)      При отрицателен отговор на първия въпрос:

Дават ли член 8, параграф 3 от Директива 2001/29 и член 11 от Директива 2004/48 основание за издаването на забрана по отношение на посредник по смисъла на тези разпоредби, който по описания във въпрос 1 начин улеснява извършването на нарушения от трети лица?“.

Вече имаме заключението на Генералния адвокат Szpunar, според което

обстоятелството, че операторът на уебсайт индексира файлове, съдържащи закриляни с авторско право произведения, които се предлагат за споделяне в peer-to-peer мрежа, и предоставя търсачка, с което позволява тези файлове да бъдат намирани, представлява публично разгласяване по смисъла на член 3, параграф 1 от Директива 2001/29, когато операторът знае, че дадено произведение е предоставено на разположение в мрежата без съгласието на носителите на авторските права, но не предприема действия за блокиране на достъпа до това произведение.

Решението

Понятието „публично разгласяване“ обединява два кумулативни елемента, а именно „акт на разгласяване“ на произведение и „публичност“ на разгласяването (решение от 26 април 2017 г., Stichting Brein, C‑527/15, EU:C:2017:300, т. 29 и цитираната съдебна практика). За да се прецени дали даден ползвател извършва акт на публично разгласяване по смисъла на член 3, параграф 1 от Директива 2001/29, трябва да се отчетат няколко допълнителни критерия, които не са самостоятелни и са взаимозависими.

  • ключовата роля на потребителя и съзнателния характер на неговата намеса. Всъщност този потребител извършва акт на разгласяване, когато, като съзнава напълно последиците от своето поведение, се намесва, за да предостави на клиентите си достъп до произведение, което е обект на закрила, и по-специално когато без неговата намеса тези клиенти по принцип не биха могли да се ползват от разпространеното произведение. (вж. в този смисъл решение от 26 април 2017 г., Stichting Brein, C‑527/15, EU:C:2017:300, т. 31 и цитираната съдебна практика).
  • понятието „публично“ се отнася до неопределен брой потенциални адресати и освен това предполага наличие на доста голям брой лица (решение от 26 април 2017 г., Stichting Brein, C‑527/15, EU:C:2017:300, т. 32 и цитираната съдебна практика).
  • закриляното произведение трябва да бъде разгласено, като се използва специфичен технически способ, различен от използваните дотогава, или, ако не е използван такъв способ — пред „нова публика“, тоест публика, която не е била вече взета предвид от носителите на авторското право при даването на разрешение за първоначалното публично разгласяване на произведението им (решение от 26 април 2017 г., Stichting Brein, C‑527/15, EU:C:2017:300, т. 33 и цитираната съдебна практика).
  • дали публичното разгласяване  е извършено с цел печалба (решение от 26 април 2017 г., Stichting Brein, C‑527/15, EU:C:2017:300, т. 34 и цитираната съдебна практика).

42 В случая, видно от акта за преюдициално запитване, значителна част от абонатите на Ziggo и XS4ALL са сваляли медийни файлове чрез платформата за онлайн споделяне TPB. Както следва и от представените пред Съда становища, тази платформа се използва от значителен брой лица, като администраторите от TPB съобщават на своята платформа за онлайн споделяне за десетки милиони „потребители“. В това отношение разглежданото в главното производство разгласяване се отнася най-малкото до всички потребители на тази платформа. Тези потребители могат да имат достъп във всеки момент и едновременно до защитените произведения, които са споделени посредством посочената платформа. Следователно това разгласяване се отнася до неопределен брой потенциални адресати и предполага наличие на голям брой лица (вж. в този смисъл решение от 26 април 2017 г., Stichting Brein, C‑527/15, EU:C:2017:300, т. 45 и цитираната съдебна практика).

43      От това следва, че с разгласяване като разглежданото в главното производство закриляни произведения действително се разгласяват „публично“ по смисъла на член 3, параграф 1 от Директива 2001/29.

44      Освен това, що се отнася до въпроса дали тези произведения са разгласяват на „нова“ публика по смисъла на съдебната практика, цитирана в точка 28 от настоящото съдебно решение, следва да се посочи, че в решението си от 13 февруари 2014 г., Svensson и др. (C‑466/12, EU:C:2014:76, т. 24 и 31), както и в определението си от 21 октомври 2014 г., BestWater International (C‑348/13, EU:C:2014:2315, т. 14) Съдът е приел, че това е публика, която носителите на авторските права не са имали предвид, когато са дали разрешение за първоначалното разгласяване.

45      В случая, видно от становищата, представени пред Съда, от една страна, администраторите на платформата за онлайн споделяне TPB са знаели, че тази платформа, която предоставят на разположение на потребителите и която администрират, дава достъп до произведения, публикувани без разрешение на носителите на правата, и от друга страна, че същите администратори изразяват изрично в блоговете и форумите на тази платформа своята цел да предоставят закриляните произведения на разположение на потребителите и поощряват последните да реализират копия от тези произведения. Във всички случаи, видно от акта за преюдициално запитване, администраторите на онлайн платформата TPB не може да не са знаели, че тази платформа дава достъп до произведения, публикувани без разрешението на носителите на правата, с оглед на обстоятелството, което се подчертава изрично от запитващата юрисдикция, че голяма част от торент файловете, които се намират на платформата за онлайн споделяне TPB, препращат към произведения, публикувани без разрешението на носителите на правата. При тези обстоятелства следва да се приеме, че е налице разгласяване пред „нова публика“ (вж. в този смисъл решение от 26 април 2017 г., Stichting Brein, C‑527/15, EU:C:2017:300, т. 50).

46      От друга страна, не може да се оспори, че предоставянето на разположение и администрирането на платформа за онлайн споделяне като разглежданата в главното производство се извършва с цел да се извлече печалба, тъй като тази платформа генерира, видно от становищата, представени пред Съда, значителни приходи от реклама.

47      Вследствие на това трябва да се приеме, че предоставянето на разположение и администрирането на платформа за онлайн споделяне като разглежданата в главното производство, съставлява „публично разгласяване“ по смисъла на член 3, параграф 1 от Директива 2001/29.

48      С оглед на всички изложени съображения на първия въпрос следва да се отговори, че понятието „публично разгласяване“  трябва да се тълкува в смисъл, че  в неговия обхват попада предоставянето на разположение и администрирането в интернет на платформа за споделяне, която чрез индексиране на метаданните относно закриляните произведения и с предлагането на търсачка позволява на потребителите на платформата да намират тези произведения и да ги споделят в рамките на мрежа с равноправен достъп (peer-to-peer).

Масовите коментари са, че решението засилва позициите на търсещите блокиране организации.

Filed under: Digital, EU Law, Media Law Tagged: съд на ес

Президент: лично и публично в социалните мрежи

Post Syndicated from nellyo original https://nellyo.wordpress.com/2017/06/15/twitter-11/

Президентът на САЩ е особено активен в социалната мрежа Twitter.

Тръмп не само говори, той и блокира достъпа – възможността да отговарят, критикуват, обсъждат – на опоненти и другомислещи.

Тези два факта са в основата на дебатите дали в Twitter  президентът говори частно или официално и, съответно, блокирането не е ли цензура в противоречие с правата по Първата поправка.

За правната природа на съобщенията на президента в Twitter вече има и произнасяне на съда (9th U.S. Circuit Court of Appeals). В този смисъл е и отвореното писмо на Knight Institute, което заслужава отбелязване.

Наистина Тръмп – макар много да гледа телевизия – говори не през класическите медии, а главно през личния си профил в Twitter. Това дава основание да се твърди, че на сериозни твърдения, представляващи обществен интерес, гражданите трябва да могат да реагират, следователно профилът на президента – комуникиращ главно чрез Twitter – се превръща във форум за обществени дебати. В такъв контекст  и с позоваване на Франклин се твърди, че

президентът не може да изключи определени хора от такъв обществен форум само заради изразяване на противоречиви възгледи или критики, които не му харесват. […] Всъщност  свободата да се критикува  е точно причината, поради която Първата поправка съществува  […]

Стивън Кинг e между известните американци, които съобщават, че са блокирани от президента в Twitter

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Filed under: Digital, Media Law, US Law