Tag Archives: laws

Netflix, Amazon and Hollywood Sue “SET TV” Over IPTV Piracy

Post Syndicated from Ernesto original https://torrentfreak.com/netflix-amazon-and-hollywood-sue-set-tv-over-iptv-piracy-180422/

In recent years, piracy streaming tools and services have become a prime target for copyright enforcers.

This is particularly true for the Alliance for Creativity and Entertainment (ACE), an anti-piracy partnership forged between Hollywood studios, Netflix, Amazon, and more than two dozen other companies.

After taking action against Kodi-powered devices Tickbox and Dragonbox, key ACE members have now filed a similar lawsuit against the Florida-based company Set Broadcast, LLC, which sells the popular IPTV service SET TV.

The complaint, filed at a California federal court on Friday, further lists company owner Jason Labbosiere and employee Nelson Johnson among the defendants.

According to the movie companies, the Set TV software is little more than a pirate tool, allowing buyers to stream copyright infringing content.

“Defendants market and sell subscriptions to ‘Setvnow,’ a software application that Defendants urge their customers to use as a tool for the mass infringement of Plaintiffs’ copyrighted motion pictures and television shows,” the complaint reads.

In addition to the software, the company also offers a preloaded box. Both allow users to connect to live streams of TV channels and ‘on demand’ content. The latter includes movies that are still in theaters, which SET TV allegedly streams through third-party sources.

“For its on-demand options, Setvnow relies on third-party sources that illicitly reproduce copyrighted works and then provide streams of popular content such as movies still exclusively in theaters and television shows.”

From the complaint

The intended use of SET TV is clear, according to the movie companies. They frame it as a pirate service and believe that this is the main draw for consumers.

“Defendants promote the use of Setvnow for overwhelmingly, if not exclusively, infringing purposes, and that is how their customers use Setvnow,” the complaint reads.

Interestingly, the complaint also states that SET TV pays for sponsored reviews to reach a broader audience. The videos, posted by popular YouTubers such as Solo Man, who is quoted in the complaint, advertise the IPTV service.

“[The] sponsored reviewer promotes Setvnow as a quick and easy way to access on demand movies: ‘You have new releases right there and you simply click on the movie … you click it and click on play again and here you have the movie just like that in 1 2 3 in beautiful HD quality’.”

The lawsuit aims to bring an end to this. The movie companies ask the California District for an injunction to shut down the infringing service and impound all pre-loaded devices. In addition, they’re requesting statutory damages which could go up to several million dollars.

At the time of writing the SET TV website is still in the air, selling subscriptions. The company itself has yet to comment on the allegations.

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

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

How Many Piracy Warnings Would Get You to Stop?

Post Syndicated from Andy original https://torrentfreak.com/how-many-piracy-warnings-would-get-you-to-stop-180422/

For the past several years, copyright holders in the US and Europe have been trying to reach out to file-sharers in an effort to change their habits.

Whether via high-profile publicity lawsuits or a simple email, it’s hoped that by letting people know they aren’t anonymous, they’ll stop pirating and buy more content instead.

Traditionally, most ISPs haven’t been that keen on passing infringement notices on. However, the BMG v Cox lawsuit seems to have made a big difference, with a growing number of ISPs now visibly warning their users that they operate a repeat infringer policy.

But perhaps the big question is how seriously users take these warnings because – let’s face it – that’s the entire point of their existence.

There can be little doubt that a few recipients will be scurrying away at the slightest hint of trouble, intimidated by the mere suggestion that they’re being watched.

Indeed, a father in the UK – who received a warning last year as part of the Get it Right From a Genuine Site campaign – confidently and forcefully assured TF that there would be no more illegal file-sharing taking place on his ten-year-old son’s computer again – ever.

In France, where the HADOPI anti-piracy scheme received much publicity, people receiving an initial notice are most unlikely to receive additional ones in future. A December 2017 report indicated that of nine million first warning notices sent to alleged pirates since 2012, ‘just’ 800,000 received a follow-up warning on top.

The suggestion is that people either stop their piracy after getting a notice or two, or choose to “go dark” instead, using streaming sites for example or perhaps torrenting behind a decent VPN.

But for some people, the message simply doesn’t sink in early on.

A post on Reddit this week by a TWC Spectrum customer revealed that despite a wealth of readily available information (including masses in the specialist subreddit where the post was made), even several warnings fail to have an effect.

“Was just hit with my 5th copyright violation. They halted my internet and all,” the self-confessed pirate wrote.

There are at least three important things to note from this opening sentence.

Firstly, the first four warnings did nothing to change the user’s piracy habits. Secondly, Spectrum presumably had enough at five warnings and kicked in a repeat-infringer suspension, presumably to avoid the same fate as Cox in the BMG case. Third, the account suspension seems to have changed the game.

Notably, rather than some huge blockbuster movie, that fifth warning came due to something rather less prominent.

“Thought I could sneak in a random episode of Rosanne. The new one that aired LOL. That fast. Under 24 hours I got shut off. Which makes me feel like [ISPs] do monitor your traffic and its not just the people sending them notices,” the post read.

Again, some interesting points here.

Any content can be monitored by rightsholders but if it’s popular in the US then a warning delivered via an ISP seems to be more likely than elsewhere. However, the misconception that the monitoring is done by ISPs persists, despite that not being the case.

ISPs do not monitor users’ file-sharing activity, anti-piracy companies do. They can grab an IP address the second someone enters a torrent swarm, or even connects to a tracker. It happens in an instant, at a time of their choosing. Quickly jumping in and out of a torrent is no guarantee and the fallacy of not getting caught due to a failure to seed is just that – a fallacy.

But perhaps the most important thing is that after five warnings and a disconnection, the Reddit user decided to take action. Sadly for the people behind Rosanne, it’s not exactly the reaction they’d have hoped for.

“I do not want to push it but I am curious to what happens 6th time, and if I would even be safe behind a VPN,” he wrote.

“Just want to learn how to use a VPN and Sonarr and have a guilt free stress free torrent watching.”

Of course, there was no shortage of advice.

“If you have gotten 5 notices, you really should of learnt [sic] how to use a VPN before now,” one poster noted, perhaps inevitably.

But curiously, or perhaps obviously given the number of previous warnings, the fifth warning didn’t come as a surprise to the user.

“I knew they were going to hit me for it. I just didn’t think a 195mb file would do it. They were getting me for Disney movies in the past,” he added.

So how do you grab the attention of a persistent infringer like this? Five warnings and a suspension apparently. But clearly, not even that is a guarantee of success. Perhaps this is why most ‘strike’ schemes tend to give up on people who can’t be rehabilitated.

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

Securing Elections

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2018/04/securing_electi_1.html

Elections serve two purposes. The first, and obvious, purpose is to accurately choose the winner. But the second is equally important: to convince the loser. To the extent that an election system is not transparently and auditably accurate, it fails in that second purpose. Our election systems are failing, and we need to fix them.

Today, we conduct our elections on computers. Our registration lists are in computer databases. We vote on computerized voting machines. And our tabulation and reporting is done on computers. We do this for a lot of good reasons, but a side effect is that elections now have all the insecurities inherent in computers. The only way to reliably protect elections from both malice and accident is to use something that is not hackable or unreliable at scale; the best way to do that is to back up as much of the system as possible with paper.

Recently, there have been two graphic demonstrations of how bad our computerized voting system is. In 2007, the states of California and Ohio conducted audits of their electronic voting machines. Expert review teams found exploitable vulnerabilities in almost every component they examined. The researchers were able to undetectably alter vote tallies, erase audit logs, and load malware on to the systems. Some of their attacks could be implemented by a single individual with no greater access than a normal poll worker; others could be done remotely.

Last year, the Defcon hackers’ conference sponsored a Voting Village. Organizers collected 25 pieces of voting equipment, including voting machines and electronic poll books. By the end of the weekend, conference attendees had found ways to compromise every piece of test equipment: to load malicious software, compromise vote tallies and audit logs, or cause equipment to fail.

It’s important to understand that these were not well-funded nation-state attackers. These were not even academics who had been studying the problem for weeks. These were bored hackers, with no experience with voting machines, playing around between parties one weekend.

It shouldn’t be any surprise that voting equipment, including voting machines, voter registration databases, and vote tabulation systems, are that hackable. They’re computers — often ancient computers running operating systems no longer supported by the manufacturers — and they don’t have any magical security technology that the rest of the industry isn’t privy to. If anything, they’re less secure than the computers we generally use, because their manufacturers hide any flaws behind the proprietary nature of their equipment.

We’re not just worried about altering the vote. Sometimes causing widespread failures, or even just sowing mistrust in the system, is enough. And an election whose results are not trusted or believed is a failed election.

Voting systems have another requirement that makes security even harder to achieve: the requirement for a secret ballot. Because we have to securely separate the election-roll system that determines who can vote from the system that collects and tabulates the votes, we can’t use the security systems available to banking and other high-value applications.

We can securely bank online, but can’t securely vote online. If we could do away with anonymity — if everyone could check that their vote was counted correctly — then it would be easy to secure the vote. But that would lead to other problems. Before the US had the secret ballot, voter coercion and vote-buying were widespread.

We can’t, so we need to accept that our voting systems are insecure. We need an election system that is resilient to the threats. And for many parts of the system, that means paper.

Let’s start with the voter rolls. We know they’ve already been targeted. In 2016, someone changed the party affiliation of hundreds of voters before the Republican primary. That’s just one possibility. A well-executed attack that deletes, for example, one in five voters at random — or changes their addresses — would cause chaos on election day.

Yes, we need to shore up the security of these systems. We need better computer, network, and database security for the various state voter organizations. We also need to better secure the voter registration websites, with better design and better internet security. We need better security for the companies that build and sell all this equipment.

Multiple, unchangeable backups are essential. A record of every addition, deletion, and change needs to be stored on a separate system, on write-only media like a DVD. Copies of that DVD, or — even better — a paper printout of the voter rolls, should be available at every polling place on election day. We need to be ready for anything.

Next, the voting machines themselves. Security researchers agree that the gold standard is a voter-verified paper ballot. The easiest (and cheapest) way to achieve this is through optical-scan voting. Voters mark paper ballots by hand; they are fed into a machine and counted automatically. That paper ballot is saved, and serves as a final true record in a recount in case of problems. Touch-screen machines that print a paper ballot to drop in a ballot box can also work for voters with disabilities, as long as the ballot can be easily read and verified by the voter.

Finally, the tabulation and reporting systems. Here again we need more security in the process, but we must always use those paper ballots as checks on the computers. A manual, post-election, risk-limiting audit varies the number of ballots examined according to the margin of victory. Conducting this audit after every election, before the results are certified, gives us confidence that the election outcome is correct, even if the voting machines and tabulation computers have been tampered with. Additionally, we need better coordination and communications when incidents occur.

It’s vital to agree on these procedures and policies before an election. Before the fact, when anyone can win and no one knows whose votes might be changed, it’s easy to agree on strong security. But after the vote, someone is the presumptive winner — and then everything changes. Half of the country wants the result to stand, and half wants it reversed. At that point, it’s too late to agree on anything.

The politicians running in the election shouldn’t have to argue their challenges in court. Getting elections right is in the interest of all citizens. Many countries have independent election commissions that are charged with conducting elections and ensuring their security. We don’t do that in the US.

Instead, we have representatives from each of our two parties in the room, keeping an eye on each other. That provided acceptable security against 20th-century threats, but is totally inadequate to secure our elections in the 21st century. And the belief that the diversity of voting systems in the US provides a measure of security is a dangerous myth, because few districts can be decisive and there are so few voting-machine vendors.

We can do better. In 2017, the Department of Homeland Security declared elections to be critical infrastructure, allowing the department to focus on securing them. On 23 March, Congress allocated $380m to states to upgrade election security.

These are good starts, but don’t go nearly far enough. The constitution delegates elections to the states but allows Congress to “make or alter such Regulations”. In 1845, Congress set a nationwide election day. Today, we need it to set uniform and strict election standards.

This essay originally appeared in the Guardian.

IsoHunt Founder Returns With New Search Tool

Post Syndicated from Ernesto original https://torrentfreak.com/isohunt-founder-returns-with-new-search-tool-180419/

Of all the major torrent sites that dominated the Internet at the beginning of this decade, only a few remain.

One of the sites that fell prey to ever-increasing pressure from the entertainment industry was isoHunt.

Founded by the Canadian entrepreneur Gary Fung, the site was one of the early pioneers in the world of torrents, paving the way for many others. However, this spotlight also caught the attention of the major movie studios.

After a lengthy legal battle isoHunt’s founder eventually shut down the site late 2013. This happened after Fung signed a settlement agreement with Hollywood for no less than $110 million, on paper at least.

Launching a new torrent search engine was never really an option, but Fung decided not to let his expertise go to waste. He focused his time and efforts on a new search project instead, which was unveiled to the public this week.

The new app called “WonderSwipe” has just been added to Apple’s iOS store. It’s a mobile search app that ties into Google’s backend, but with a different user interface. While it has nothing to do with file-sharing, we decided to reach out to isoHunt’s founder to find out more.

Fung tells us that he got the idea for the app because he was frustrated with Google’s default search options on the mobile platform.

“I find myself barely do any search on the smartphone, most of the time waiting until I get to my desktop. I ask why?” Fung tells us.

One of the main issues he identified is the fact that swiping is not an option. Instead, people end up browsing through dozens of mobile browser tabs. So, Fung took Google’s infrastructure and search power, making it swipeable.

“From a UI design perspective, I find swiping through photos on the first iPhone one of the most extraordinary advances in computing. It’s so easy that babies would be doing it before they even learn how to flip open a book!

“Bringing that ease of use to the central way of conducting mobile search and research is the initial eureka I had in starting work on WonderSwipe,” Fung adds.

That was roughly three years ago, and a few hours ago WonderSwipe finally made its way into the App store. Android users will have to wait for now, but the application will eventually be available on that platform as well.

In addition to swiping through search results, the app also promises faster article loading and browsing, a reader mode with condensed search results, and a hands-free mode with automated browsing where summaries are read out loud.

WonderwSwipe


Of course, WonderSwipe is nothing like isoHunt ever was, apart from the fact that Google is a search engine that also links to torrents, indirectly.

This similarity was also brought up during the lawsuit with the MPAA, when Fung’s legal team likened isoHunt to Google in court. However, the Canadian entrepreneur doesn’t expect that Hollywood will have an issue with WonderSwipe in particular.

“isoHunt was similar to Google in how it worked as a search engine, but not in scope. Torrents are a small subset of all the webpages Google indexes,” Fung says.

“WonderSwipe’s aim is to find answers in all webpages, powered by Google search results. It presents results in extracted text and summaries with no connection to BitTorrent clients. As such, WonderSwipe can be bigger than isoHunt has ever been.”

Ironically, in recent years Hollywood has often criticized Google for linking to pirated content in its search results. These results will also be available through WonderSwipe.

However, Fung says that any copyright issues with WonderSwipe will have to be dealt with on the search engine level, by Google.

“If there are links to pirated content, tell search engines so they can take them down!” he says.

WonderSwipe is totally free and Fung tells us that he plans to monetize it with in-app purchases for pro features, and non-intrusive advertising that won’t slow down swiping or search results. More details on the future plans for the app are available here.

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

Hollywood Studios Get ISP Blocking Order Against Rarbg in India

Post Syndicated from Ernesto original https://torrentfreak.com/hollywood-studios-score-blocking-order-against-rarbg-in-india-180417/

While the major Hollywood studios are very reluctant to bring a pirate site blocking case to their home turf, they are very active abroad.

The companies are the driving force behind lawsuits in Europe, Australia, and are also active in India, where they booked a new success last week.

Website blocking is by no means a new phenomenon in India. The country is known for so-called John Doe orders, where a flurry of websites are temporarily blocked to protect the release of a specific title.

The major Hollywood studios are taking a different approach. Disney Enterprises, Twentieth Century Fox, Paramount Pictures, Columbia Pictures, Universal, and Warner Bros. are requesting blockades, accusing sites of being structural copyright infringers.

One of the most recent targets is the popular torrent site Rarbg. The Hollywood studios describe Rarbg as a ‘habitual’ copyright infringer and demand that several Internet providers block access to the site.

“It is submitted that the Defendant Website aids and facilitates the accessibility and availability of infringing material, and induce third parties, intentionally and/or knowingly, to infringe through their websites by various means,’ the movie studios allege.

The complaint filed at the High Court of Delhi lists more than 20 Internet providers as co-defendants, and also includes India’s Department of Telecommunications and Department of Electronics and Information Technology in the mix.

The two Government departments are added because they have the power to enforce blocking orders. Specifically, the Hollywood studios note that the Department of Technology’s license agreement with ISPs requires these companies to ensure that copyright infringing content is not carried on their networks.

“It is submitted that the DoT itself acknowledges the fact that service providers have an obligation to ensure that no violation of third party intellectual property rights takes place through their networks and that effective protection is provided to right holders of such intellectual property,” the studios write.

Last week the court granted an injunction that requires local Internet providers including Bharti Airtel, Reliance Communications, Telenor, You Broadband, and Vodafone to block Rarbg.

Blocking order

As requested, the Department of Telecommunications and Department of Electronics and Information Technology are directed to notify all local internet and telecom service providers that they must block the torrent site as well.

The order is preliminary and can still be contested in court. However, given the history of similar blocking efforts around the world, it is likely that it will be upheld.

While there’s not much coverage on the matter, this isn’t the first blocking request the companies have filed in India. Last October, a similar case was filed against another popular torrent site, 1337x.to, with success.

TorrentFreak reached out to the law firm representing the Hollywood studios to get a broader overview of the blocking plans in India. At the time of writing, we have yet to hear back.

A copy of the order obtained by Disney Enterprises, Twentieth Century Fox, Paramount Pictures, Columbia Pictures, Universal, Warner Bros and the local Disney owned media conglomerate UTV Software, is available here (pdf).

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

Russia’s Encryption War: 1.8m Google & Amazon IPs Blocked to Silence Telegram

Post Syndicated from Andy original https://torrentfreak.com/russias-encryption-war-1-8m-google-amazon-ips-blocked-to-silence-telegram-180417/

The rules in Russia are clear. Entities operating an encrypted messaging service need to register with the authorities. They also need to hand over their encryption keys so that if law enforcement sees fit, users can be spied on.

Free cross-platform messaging app Telegram isn’t playing ball. An impressive 200,000,000 people used the software in March (including a growing number for piracy purposes) and founder Pavel Durov says he will not compromise their security, despite losing a lawsuit against the Federal Security Service which compels him to do so.

“Telegram doesn’t have shareholders or advertisers to report to. We don’t do deals with marketers, data miners or government agencies. Since the day we launched in August 2013 we haven’t disclosed a single byte of our users’ private data to third parties,” Durov said.

“Above all, we at Telegram believe in people. We believe that humans are inherently intelligent and benevolent beings that deserve to be trusted; trusted with freedom to share their thoughts, freedom to communicate privately, freedom to create tools. This philosophy defines everything we do.”

But by not handing over its keys, Telegram is in trouble with Russia. The FSB says it needs access to Telegram messages to combat terrorism so, in response to its non-compliance, telecoms watchdog Rozcomnadzor filed a lawsuit to degrade Telegram via web-blocking. Last Friday, that process ended in the state’s favor.

After an 18-minute hearing, a Moscow court gave the go-ahead for Telegram to be banned in Russia. The hearing was scheduled just the day before, giving Telegram little time to prepare. In protest, its lawyers didn’t even turn up to argue the company’s position.

Instead, Durov took to his VKontakte account to announce that Telegram would take counter-measures.

“Telegram will use built-in methods to bypass blocks, which do not require actions from users, but 100% availability of the service without a VPN is not guaranteed,” Durov wrote.

Telegram can appeal the blocking decision but Russian authorities aren’t waiting around for a response. They are clearly prepared to match Durov’s efforts, no matter what the cost.

In instructions sent out yesterday nationwide, Rozomnadzor ordered ISPs to block Telegram. The response was immediate and massive. Telegram was using both Amazon and Google to provide service to its users so, within hours, huge numbers of IP addresses belonging to both companies were targeted.

Initially, 655,352 Amazon IP addresses were placed on Russia’s nationwide blacklist. It was later reported that a further 131,000 IP addresses were added to that total. But the Russians were just getting started.

Servers.ru reports that a further 1,048,574 IP addresses belonging to Google were also targeted Monday. Rozcomnadzor said the court ruling against Telegram compelled it to take whatever action is needed to take Telegram down but with at least 1,834,996 addresses now confirmed blocked, it remains unclear what effect it’s had on the service.

Friday’s court ruling states that restrictions against Telegram can be lifted provided that the service hands over its encryption keys to the FSB. However, Durov responded by insisting that “confidentiality is not for sale, and human rights should not be compromised because of fear or greed.”

But of course, money is still part of the Telegram equation. While its business model in terms of privacy stands in stark contrast to that of Facebook, Telegram is also involved in the world’s biggest initial coin offering (ICO). According to media reports, it has raised $1.7 billion in pre-sales thus far.

This week’s action against Telegram is the latest in Russia’s war on ‘unauthorized’ encryption.

At the end of March, authorities suggested that around 15 million IP addresses (13.5 million belonging to Amazon) could be blocked to target chat software Zello. While those measures were averted, a further 500 domains belonging to Google were caught in the dragnet.

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

The DMCA and its Chilling Effects on Research

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2018/04/the_dmca_and_it.html

The Center for Democracy and Technology has a good summary of the current state of the DMCA’s chilling effects on security research.

To underline the nature of chilling effects on hacking and security research, CDT has worked to describe how tinkerers, hackers, and security researchers of all types both contribute to a baseline level of security in our digital environment and, in turn, are shaped themselves by this environment, most notably when things they do upset others and result in threats, potential lawsuits, and prosecution. We’ve published two reports (sponsored by the Hewlett Foundation and MacArthur Foundation) about needed reforms to the law and the myriad of ways that security research directly improves people’s lives. To get a more complete picture, we wanted to talk to security researchers themselves and gauge the forces that shape their work; essentially, we wanted to “take the pulse” of the security research community.

Today, we are releasing a third report in service of this effort: “Taking the Pulse of Hacking: A Risk Basis for Security Research.” We report findings after having interviewed a set of 20 security researchers and hackers — half academic and half non-academic — about what considerations they take into account when starting new projects or engaging in new work, as well as to what extent they or their colleagues have faced threats in the past that chilled their work. The results in our report show that a wide variety of constraints shape the work they do, from technical constraints to ethical boundaries to legal concerns, including the DMCA and especially the CFAA.

Note: I am a signatory on the letter supporting unrestricted security research.

My letter urging Georgia governor to veto anti-hacking bill

Post Syndicated from Robert Graham original https://blog.erratasec.com/2018/04/my-letter-urging-georgia-governor-to.html

February 16, 2018

Office of the Governor
206 Washington Street
111 State Capitol
Atlanta, Georgia 30334

Re: SB 315

Dear Governor Deal:

I am writing to urge you to veto SB315, the “Unauthorized Computer Access” bill.

The cybersecurity community, of which Georgia is a leader, is nearly unanimous that SB315 will make cybersecurity worse. You’ve undoubtedly heard from many of us opposing this bill. It does not help in prosecuting foreign hackers who target Georgian computers, such as our elections systems. Instead, it prevents those who notice security flaws from pointing them out, thereby getting them fixed. This law violates the well-known Kirchhoff’s Principle, that instead of secrecy and obscurity, that security is achieved through transparency and openness.

That the bill contains this flaw is no accident. The justification for this bill comes from an incident where a security researcher noticed a Georgia state election system had made voter information public. This remained unfixed, months after the vulnerability was first disclosed, leaving the data exposed. Those in charge decided that it was better to prosecute those responsible for discovering the flaw rather than punish those who failed to secure Georgia voter information, hence this law.

Too many security experts oppose this bill for it to go forward. Signing this bill, one that is weak on cybersecurity by favoring political cover-up over the consensus of the cybersecurity community, will be part of your legacy. I urge you instead to veto this bill, commanding the legislature to write a better one, this time consulting experts, which due to Georgia’s thriving cybersecurity community, we do not lack.

Thank you for your attention.

Sincerely,
Robert Graham
(formerly) Chief Scientist, Internet Security Systems

Let’s stop talking about password strength

Post Syndicated from Robert Graham original https://blog.erratasec.com/2018/04/lets-stop-talking-about-password.html

Picture from EFF — CC-BY license

Near the top of most security recommendations is to use “strong passwords”. We need to stop doing this.

Yes, weak passwords can be a problem. If a website gets hacked, weak passwords are easier to crack. It’s not that this is wrong advice.

On the other hand, it’s not particularly good advice, either. It’s far down the list of important advice that people need to remember. “Weak passwords” are nowhere near the risk of “password reuse”. When your Facebook or email account gets hacked, it’s because you used the same password across many websites, not because you used a weak password.

Important websites, where the strength of your password matters, already take care of the problem. They use strong, salted hashes on the backend to protect the password. On the frontend, they force passwords to be a certain length and a certain complexity. Maybe the better advice is to not trust any website that doesn’t enforce stronger passwords (minimum of 8 characters consisting of both letters and non-letters).

To some extent, this “strong password” advice has become obsolete. A decade ago, websites had poor protection (MD5 hashes) and no enforcement of complexity, so it was up to the user to choose strong passwords. Now that important websites have changed their behavior, such as using bcrypt, there is less onus on the user.

But the real issue here is that “strong password” advice reflects the evil, authoritarian impulses of the infosec community. Instead of measuring insecurity in terms of costs vs. benefits, risks vs. rewards, we insist that it’s an issue of moral weakness. We pretend that flaws happen because people are greedy, lazy, and ignorant. We pretend that security is its own goal, a benefit we should achieve, rather than a cost we must endure.

We like giving moral advice because it’s easy: just be “stronger”. Discussing “password reuse” is more complicated, forcing us discuss password managers, writing down passwords on paper, that it’s okay to reuse passwords for crappy websites you don’t care about, and so on.

What I’m trying to say is that the moral weakness here is us. Rather then give pertinent advice we give lazy advice. We give the advice that victim shames them for being weak while pretending that we are strong.

So stop telling people to use strong passwords. It’s crass advice on your part and largely unhelpful for your audience, distracting them from the more important things.

MPAA and RIAA Still Can’t Go After Megaupload

Post Syndicated from Ernesto original https://torrentfreak.com/mpaa-and-riaa-still-cant-go-after-megaupload-180414/

Well over six years have passed since Megaupload was shutdown, but there is still little progress in the criminal proceedings against its founders.

The United States wants New Zealand to extradite the men but have thus far failed to achieve that goal. Dotcom and his former colleagues are using all legal means to prevent this eventuality and a final conclusion has yet to be reached.

While all parties await the outcome, the criminal case in the United States remains pending. The same goes for the lawsuits filed by the MPAA and RIAA in 2014.

Since the civil cases may influence the criminal proceedings, Megaupload’s legal team previously managed to put these cases on hold, and last week another extension was granted.

Previous extensions didn’t always go this easy. Last year there were concerns that the long delays could result in the destruction of evidence, as some of Megaupload’s hard drives were starting to fail.

However, after the parties agreed on a solution to back-up and restore the files, this is no longer an issue.

“With the preservation order in place, and there being no other objection, Defendant Megaupload hereby moves the Court to enter the attached proposed order, continuing the stay in this case for an additional six months,” Megaupload’s legal team recently informed the court.

Without any objections from the MPAA and RIAA, U.S. District Court Judge Liam O’Grady swiftly granted Megaupload’s request to stay both lawsuits until October this year.

While the US Government hopes to have Dotcom in custody by that time, the entrepreneur has different plans. Following a win at the Human Rights Tribunal in New Zealand, he hopes to put the criminal case behind him soon.

If that indeed happens, the MPAA and RIAA might have their turn.

The latest stay order

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

IP Address Fail: ISP Doesn’t Have to Hand ‘Pirates’ Details to Copyright Trolls

Post Syndicated from Andy original https://torrentfreak.com/ip-address-fail-isp-doesnt-have-to-hand-pirates-details-to-copyright-trolls-180414/

On October 27, 2016, UK-based Copyright Management Services (CMS) filed a case against Sweden-based ISP, Tele2.

CMS, run by Patrick Achache of German-based anti-piracy outfit MaverickEye (which in turn is deeply involved with infamous copyright troll outfit Guardaley), claimed that Tele2 customers had infringed its clients’ copyrights on the movies Cell and IT by sharing them via BitTorrent.

Since Tele2 had the personal details of the customers behind those IP addresses, CMS asked the Patent and Market Court to prevent the ISP from deleting the data before it could be handed over. Once in its possession, CMS would carry out the usual process of writing to customers and demanding cash settlements to make supposed lawsuits go away.

Tele2 complained that it could not hand over the details of customers using NAT addresses since it simply doesn’t hold that information. The ISP also said it could not hand over details of customers if IP address information had previously been deleted.

Taking these objections into consideration, in November 2017 the Court approved an interim order in respect of the remaining IP addresses. But there were significant problems which led the ISP to appeal.

According to tests carried out by Tele2, many of the IP addresses in the case did not relate to Sweden or indeed Tele2. In fact, some IP addresses belonged to foreign companies or mere affiliates of the ISP.

“Tele2 thus lacks the actual ability to provide information regarding a large part of the IP addresses covered by the submission,” the Court of Appeal noted in a decision published this week.

The problem appears to lie with the way the MaverickEye monitoring system attributed monitored IP addresses to Tele2.

The Court notes that the company relied on the RIPE Database which stated that the IP addresses in question were allocated to the “geographic area of Sweden”. According to Tele2, however, that wasn’t the case and as such, it had no information to hand over.

CMS, on the other hand, maintained that according to RIPE’s records, Tele2 was indeed the controller of the IP addresses in question so must hand over the information as requested.

While the Patent and Market Court said that Tele2 didn’t object to the MaverickEye monitoring software in terms of the data it collects on file-sharers, it noted that CMS had failed to initiate an investigation in respect of the IP addresses allegedly not belonging to Tele2.

“CMS has not invoked any investigation showing how the identification of the IP addresses in question is made in this case or who at Maverickeye UG was responsible for this,” the Court writes.

“Nor did CMS use the opportunity to hear representatives of Tele2 or others with Tele2 in mind to discover if the company has access to any of the current IP addresses and, if so, which.”

Considering the above, the Court notes that Tele2’s statement, that it doesn’t have access to the data, must stand.

“In these circumstances, CMS, against Tele2’s appeal, has not shown that Tele2 holds the information requested by the disclosure order. CMS’ application for a disclosure order should therefore be rejected,” the Court concludes.

The decision cannot be appealed so Copyright Management Services won’t get its hands on the personal details of the people behind the IP addresses, at least through this process.

The decision (Swedish, pdf)

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

COPPA Compliance

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2018/04/coppa_complianc.html

Interesting research: “‘Won’t Somebody Think of the Children?’ Examining COPPA Compliance at Scale“:

Abstract: We present a scalable dynamic analysis framework that allows for the automatic evaluation of the privacy behaviors of Android apps. We use our system to analyze mobile apps’ compliance with the Children’s Online Privacy Protection Act (COPPA), one of the few stringent privacy laws in the U.S. Based on our automated analysis of 5,855 of the most popular free children’s apps, we found that a majority are potentially in violation of COPPA, mainly due to their use of third-party SDKs. While many of these SDKs offer configuration options to respect COPPA by disabling tracking and behavioral advertising, our data suggest that a majority of apps either do not make use of these options or incorrectly propagate them across mediation SDKs. Worse, we observed that 19% of children’s apps collect identifiers or other personally identifiable information (PII) via SDKs whose terms of service outright prohibit their use in child-directed apps. Finally, we show that efforts by Google to limit tracking through the use of a resettable advertising ID have had little success: of the 3,454 apps that share the resettable ID with advertisers, 66% transmit other, non-resettable, persistent identifiers as well, negating any intended privacy-preserving properties of the advertising ID.

Cybersecurity Insurance

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2018/04/cybersecurity_i_1.html

Good article about how difficult it is to insure an organization against Internet attacks, and how expensive the insurance is.

Companies like retailers, banks, and healthcare providers began seeking out cyberinsurance in the early 2000s, when states first passed data breach notification laws. But even with 20 years’ worth of experience and claims data in cyberinsurance, underwriters still struggle with how to model and quantify a unique type of risk.

“Typically in insurance we use the past as prediction for the future, and in cyber that’s very difficult to do because no two incidents are alike,” said Lori Bailey, global head of cyberrisk for the Zurich Insurance Group. Twenty years ago, policies dealt primarily with data breaches and third-party liability coverage, like the costs associated with breach class-action lawsuits or settlements. But more recent policies tend to accommodate first-party liability coverage, including costs like online extortion payments, renting temporary facilities during an attack, and lost business due to systems failures, cloud or web hosting provider outages, or even IT configuration errors.

In my new book — out in September — I write:

There are challenges to creating these new insurance products. There are two basic models for insurance. There’s the fire model, where individual houses catch on fire at a fairly steady rate, and the insurance industry can calculate premiums based on that rate. And there’s the flood model, where an infrequent large-scale event affects large numbers of people — but again at a fairly steady rate. Internet+ insurance is complicated because it follows neither of those models but instead has aspects of both: individuals are hacked at a steady (albeit increasing) rate, while class breaks and massive data breaches affect lots of people at once. Also, the constantly changing technology landscape makes it difficult to gather and analyze the historical data necessary to calculate premiums.

BoingBoing article.

[$] What the beep?

Post Syndicated from jake original https://lwn.net/Articles/751534/rss

A “simple” utility to make a system beep is hardly the first place one would
check for security flaws, but the strange case of the “Holey Beep”
should perhaps lead to some rethinking. A Debian advisory for the beep utility, which was followed
by another for Debian LTS, led to a
seemingly satirical site publicizing
the bug (and giving it the “Holey Beep” name). But that site also exploits
a new flaw in the GNU
patch
program—and the increased scrutiny on beep has
led to more problems being found.

Roku Bans Popular Social IPTV Linking Service cCloud TV

Post Syndicated from Andy original https://torrentfreak.com/roku-bans-popular-social-iptv-linking-service-ccloud-tv-180409/

Despite being one of the more popular set-top box platforms, until last year Roku managed to stay completely out of the piracy conversation.

However, due to abuse of its system by third-parties, last June the Superior Court of Justice of the City of Mexico banned the importation and distribution of Roku devices in the country.

The decision followed a complaint filed by cable TV provider Cablevision, which said that some Roku channels and their users were infringing its distribution rights.

Since then, Roku has been fighting to have the ban lifted, previously informing TF that it expressly prohibits copyright infringement of any kind. That led to several more legal processes yet last month and after considerable effort, the ban was upheld, much to Roku’s disappointment.

“It is necessary for Roku to make adjustments to its software, as other online content distribution platforms do, so that violations of copyrighted content do not take place,” Cablevision said.

Then, at the end of March, Roku suddenly banned the USTVnow channel from its platform, citing a third-party copyright complaint.

In a series of emails with TF, the company declined to offer further details but there is plenty of online speculation that the decision was a move towards the “adjustments” demanded by Cablevision. Today yet more fuel is being poured onto that same fire with Roku’s decision to ban the popular cCloud TV service from its platform.

For those unfamiliar with cCloud TV, it’s a video streaming platform that relies on users to contribute media links found on the web, whether they’re movie and TV shows or live sporting events.

“Project cCloud TV is known as the ‘Popcorn Time for Live TV’. The project started with 50 channels and has grown over time and now has over 4000 channels from all around the world,” its founder ‘Bane’ told TF back in 2016.

“The project was inspired by Popcorn Time and its simplicity for streaming torrents. The service works based on media links that can be found anywhere on the web and the cCloud project makes it easier for users to stream.”

Aside from the vast array of content cCloud offers, its versatility is almost unrivaled. In an addition to working via most modern web browsers, it’s also accessible using smartphones, tablets, Plex media server, Kodi, VLC, and (until recently at least) Roku.

But cCloud and USTVnow aren’t the only services suffering bans at Roku.

As highlighted by CordCuttersNews, other channels are also suffering similar fates, such as XTV that was previously replaced with an FBI warning.

cCloud has had problems on Kodi too. Back in September 2017, TVAddons announced that it had been forced to remove the cCloud addon from its site.

“cCloud TV has been removed from our web site due to a complaint made by Bell, Rogers, Videotron and TVA on June 12th, 2017 as part of their lawsuit against our web site,” the site announced.

“Prior to hearing of the lawsuit, we had never received a single complaint relating to the cCloud TV addon for Kodi. cCloud TV for Kodi was developed by podgod, and was basically an interface for the community-based web service that goes by the same name.”

Last week, TVAddons went on to publish an “blacklist” that lists addons that have the potential to deliver content not authorized by rightsholders. Among many others, the list contains cCloud, meaning that potential users will now have to obtain it directly from the Kodi Bae Repository on Github instead.

At the time of publication, Roku had not responded to TorrentFreak’s request for comment.

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

If YouTube-Ripping Sites Are Illegal, What About Tools That Do a Similar Job?

Post Syndicated from Andy original https://torrentfreak.com/if-youtube-ripping-sites-are-illegal-what-about-tools-that-do-a-similar-job-180407/

In 2016, the International Federation of the Phonographic Industry published research which claimed that half of 16 to 24-year-olds use stream-ripping tools to copy music from sites like YouTube.

While this might not have surprised those who regularly participate in the activity, IFPI said that volumes had become so vast that stream-ripping had overtaken pirate site music downloads. That was a big statement.

Probably not coincidentally, just two weeks later IFPI, RIAA, and BPI announced legal action against the world’s largest YouTube ripping site, YouTube-MP3.

“YTMP3 rapidly and seamlessly removes the audio tracks contained in videos streamed from YouTube that YTMP3’s users access, converts those audio tracks to an MP3 format, copies and stores them on YTMP3’s servers, and then distributes copies of the MP3 audio files from its servers to its users in the United States, enabling its users to download those MP3 files to their computers, tablets, or smartphones,” the complaint read.

The labels sued YouTube-MP3 for direct infringement, contributory infringement, vicarious infringement, inducing others to infringe, plus circumvention of technological measures on top. The case was big and one that would’ve been intriguing to watch play out in court, but that never happened.

A year later in September 2017, YouTubeMP3 settled out of court. No details were made public but YouTube-MP3 apparently took all the blame and the court was asked to rule in favor of the labels on all counts.

This certainly gave the impression that what YouTube-MP3 did was illegal and a strong message was sent out to other companies thinking of offering a similar service. However, other onlookers clearly saw the labels’ lawsuit as something to be studied and learned from.

One of those was the operator of NotMP3downloader.com, a site that offers Free MP3 Recorder for YouTube, a tool offering similar functionality to YouTube-MP3 while supposedly avoiding the same legal pitfalls.

Part of that involves audio being processed on the user’s machine – not by stream-ripping as such – but by stream-recording. A subtle difference perhaps, but the site’s operator thinks it’s important.

“After examining the claims made by the copyright holders against youtube-mp3.org, we identified that the charges were based on the three main points. [None] of them are applicable to our product,” he told TF this week.

The first point involves YouTube-MP3’s acts of conversion, storage and distribution of content it had previously culled from YouTube. Copies of unlicensed tracks were clearly held on its own servers, a potent direct infringement risk.

“We don’t have any servers to download, convert or store a copyrighted or any other content from YouTube. Therefore, we do not violate any law or prohibition implied in this part,” NotMP3downloader’s operator explains.

Then there’s the act of “stream-ripping” itself. While YouTube-MP3 downloaded digital content from YouTube using its own software, NotMP3downloader claims to do things differently.

“Our software doesn’t download any streaming content directly, but only launches a web browser with the video specified by a user. The capturing happens from a local machine’s sound card and doesn’t deal with any content streamed through a network,” its operator notes.

This part also seems quite important. YouTube-MP3 was accused of unlawfully circumventing technological measures implemented by YouTube to prevent people downloading or copying content. By opening up YouTube’s own website and viewing content in the way the site demands, NotMP3downloader says it does not “violate the website’s integrity nor performs direct download of audio or video files.”

Like the Betamax video recorder before it that enabled recording from analog TV, NotMP3downloader enables a user to record a YouTube stream on their local machine. This, its makers claim, means the software is completely legal and defeats all the claims made by the labels in the YouTube-MP3 lawsuit.

“What YouTube does is broadcasting content through the Internet. Thus, there is nothing wrong if users are allowed to watch such content later as they may want,” the NotMP3downloader team explain.

“It is worth noting that in Sony Corp. of America v. United City Studios, Inc. (464 U.S. 417) the United States Supreme Court held that such practice, also known as time-shifting, was lawful representing fair use under the US Copyright Act and causing no substantial harm to the copyright holder.”

While software that can record video and sounds locally are nothing new, the developments in the YouTube-MP3 case and this response from NotMP3downloader raises interesting questions.

We put some of them to none other than former RIAA Executive Vice President, Neil Turkewitz, who now works as President of Turkewitz Consulting Group.

Turkewitz stressed that he doesn’t speak for the industry as a whole or indeed the RIAA but it’s clear that his passion for protecting creators persists. He told us that in this instance, reliance on the Betamax decision is “misplaced”.

“The content is different, the activity is different, and the function is different,” Turkewitz told TF.

“The Sony decision must be understood in its context — the time shifting of audiovisual programming being broadcast from point to multipoint. The making available of content by a point-to-point interactive service like YouTube isn’t broadcasting — or at a minimum, is not a form of broadcasting akin to that considered by the Supreme Court in Sony.

“More fundamentally, broadcasting (right of communication to the public) is one of only several rights implicated by the service. And of course, issues of liability will be informed by considerations of purpose, effect and perceived harm. A court’s judgment will also be affected by whether it views the ‘innovation’ as an attempt to circumvent the requirements of law. The decision of the Supreme Court in ABC v. Aereo is certainly instructive in that regard.”

And there are other issues too. While YouTube itself is yet to take any legal action to deter users from downloading rather than merely streaming content, its terms of service are quite specific and seem to cover all eventualities.

“[Y]ou agree not to access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming,” YouTube’s ToS reads.

“‘Streaming’ means a contemporaneous digital transmission of the material by YouTube via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.

“You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of YouTube or the respective licensors of the Content.”

In this respect, it seems that a user doing anything but real-time streaming of YouTube content is breaching YouTube’s terms of service. The big question then, of course, is whether providing a tool specifically for that purpose represents an infringement of copyright.

The people behind Free MP3 Recorder believe that the “scope of application depends entirely on the end users’ intentions” which seems like a fair argument at first view. But, as usual, copyright law is incredibly complex and there are plenty of opposing views.

We asked the BPI, which took action against YouTubeMP3, for its take on this type of tool. The official response was “No comment” which doesn’t really clarify the position, at least for now.

Needless to say, the Betamax decision – relevant or not – doesn’t apply in the UK. But that only adds more parameters into the mix – and perhaps more opportunities for lawyers to make money arguing for and against tools like this in the future.

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

User Authentication Best Practices Checklist

Post Syndicated from Bozho original https://techblog.bozho.net/user-authentication-best-practices-checklist/

User authentication is the functionality that every web application shared. We should have perfected that a long time ago, having implemented it so many times. And yet there are so many mistakes made all the time.

Part of the reason for that is that the list of things that can go wrong is long. You can store passwords incorrectly, you can have a vulnerably password reset functionality, you can expose your session to a CSRF attack, your session can be hijacked, etc. So I’ll try to compile a list of best practices regarding user authentication. OWASP top 10 is always something you should read, every year. But that might not be enough.

So, let’s start. I’ll try to be concise, but I’ll include as much of the related pitfalls as I can cover – e.g. what could go wrong with the user session after they login:

  • Store passwords with bcrypt/scrypt/PBKDF2. No MD5 or SHA, as they are not good for password storing. Long salt (per user) is mandatory (the aforementioned algorithms have it built in). If you don’t and someone gets hold of your database, they’ll be able to extract the passwords of all your users. And then try these passwords on other websites.
  • Use HTTPS. Period. (Otherwise user credentials can leak through unprotected networks). Force HTTPS if user opens a plain-text version.
  • Mark cookies as secure. Makes cookie theft harder.
  • Use CSRF protection (e.g. CSRF one-time tokens that are verified with each request). Frameworks have such functionality built-in.
  • Disallow framing (X-Frame-Options: DENY). Otherwise your website may be included in another website in a hidden iframe and “abused” through javascript.
  • Have a same-origin policy
  • Logout – let your users logout by deleting all cookies and invalidating the session. This makes usage of shared computers safer (yes, users should ideally use private browsing sessions, but not all of them are that savvy)
  • Session expiry – don’t have forever-lasting sessions. If the user closes your website, their session should expire after a while. “A while” may still be a big number depending on the service provided. For ajax-heavy website you can have regular ajax-polling that keeps the session alive while the page stays open.
  • Remember me – implementing “remember me” (on this machine) functionality is actually hard due to the risks of a stolen persistent cookie. Spring-security uses this approach, which I think should be followed if you wish to implement more persistent logins.
  • Forgotten password flow – the forgotten password flow should rely on sending a one-time (or expiring) link to the user and asking for a new password when it’s opened. 0Auth explain it in this post and Postmark gives some best pracitces. How the link is formed is a separate discussion and there are several approaches. Store a password-reset token in the user profile table and then send it as parameter in the link. Or do not store anything in the database, but send a few params: userId:expiresTimestamp:hmac(userId+expiresTimestamp). That way you have expiring links (rather than one-time links). The HMAC relies on a secret key, so the links can’t be spoofed. It seems there’s no consensus, as the OWASP guide has a bit different approach
  • One-time login links – this is an option used by Slack, which sends one-time login links instead of asking users for passwords. It relies on the fact that your email is well guarded and you have access to it all the time. If your service is not accessed to often, you can have that approach instead of (rather than in addition to) passwords.
  • Limit login attempts – brute-force through a web UI should not be possible; therefore you should block login attempts if they become too many. One approach is to just block them based on IP. The other one is to block them based on account attempted. (Spring example here). Which one is better – I don’t know. Both can actually be combined. Instead of fully blocking the attempts, you may add a captcha after, say, the 5th attempt. But don’t add the captcha for the first attempt – it is bad user experience.
  • Don’t leak information through error messages – you shouldn’t allow attackers to figure out if an email is registered or not. If an email is not found, upon login report just “Incorrect credentials”. On passwords reset, it may be something like “If your email is registered, you should have received a password reset email”. This is often at odds with usability – people don’t often remember the email they used to register, and the ability to check a number of them before getting in might be important. So this rule is not absolute, though it’s desirable, especially for more critical systems.
  • Make sure you use JWT only if it’s really necessary and be careful of the pitfalls.
  • Consider using a 3rd party authentication – OpenID Connect, OAuth by Google/Facebook/Twitter (but be careful with OAuth flaws as well). There’s an associated risk with relying on a 3rd party identity provider, and you still have to manage cookies, logout, etc., but some of the authentication aspects are simplified.
  • For high-risk or sensitive applications use 2-factor authentication. There’s a caveat with Google Authenticator though – if you lose your phone, you lose your accounts (unless there’s a manual process to restore it). That’s why Authy seems like a good solution for storing 2FA keys.

I’m sure I’m missing something. And you see it’s complicated. Sadly we’re still at the point where the most common functionality – authenticating users – is so tricky and cumbersome, that you almost always get at least some of it wrong.

The post User Authentication Best Practices Checklist appeared first on Bozho's tech blog.

ISP Books Partial Victory Against RIAA in Piracy Lawsuit

Post Syndicated from Ernesto original https://torrentfreak.com/isp-books-partial-victory-against-riaa-in-piracy-lawsuit-180405/

Last year several major record labels, represented by the RIAA, filed a lawsuit against ISP Grande Communications accusing it of turning a blind eye to pirating subscribers.

According to the RIAA, the Internet provider knew that some of its subscribers were frequently distributing copyrighted material, but failed to take any meaningful action in response.

Grande refuted the accusations and filed a motion to dismiss the case. Among other things, the ISP argued that it didn’t disconnect users based on mere allegations, doubting the accuracy of piracy tracking company Rightscorp.

Last week Texas District Court Judge Lee Yeakel decided to dismiss the vicarious copyright infringement claim against Grande. The request to dismiss the contributory copyright infringement claim was denied, however.

With this decision, Judge Yeakel follows the recommendation of Magistrate Judge Andrew Austin. This, despite detailed objections from both the RIAA and the Internet provider.

The RIAA contested the recommendation by arguing that Grande can be held liable for vicarious infringement, as they have a direct financial interest in keeping pirating subscribers on board.

“[C]ase law is clear that direct financial benefit exists where the availability of the infringing material acts as a draw. Grande’s refusal to police its system speaks to the right and ability to control element of vicarious infringement,” the RIAA wrote.

In addition, the RIAA protested the recommended dismissal of the claims against Grande’s management company Patriot Media Consulting, arguing that it played a central role in formulating infringement related policies.

Judge Yeakel was not convinced, however, and concluded that the vicarious infringement claim should be dismissed, as are all copyright infringement claims against Patriot Media Consulting.

For its part, the ISP contested the Magistrate Judge’s conclusion that Rightscorp’s takedown notices may serve as evidence for contributory infringement, noting that they are nothing more than allegations.

“[P]laintiffs do not allege that Grande was willfully blind to any actual evidence of infringement, only to unverifiable allegations of copyright infringement.”

In addition, the Internet provider also stressed that the RIAA sued the company solely on the premise that it failed to police its customers, not because it promoted or encouraged copyright infringement.

Again, Judge Yeakel waived the objections and sided with the recommendation from the Magistrate Judge. As such, the motion to dismiss the contributory infringement claim is denied.

This means that the case between the RIAA and Grande Communication is still heading to trial, albeit on the contributory copyright infringement claim alone.

More details on the report and recommendation are available in our earlier article. US District Court Judge Yeakel’s order is available here (pdf).

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

PUBG Files Copyright Lawsuit to Shut Down Competition

Post Syndicated from Ernesto original https://torrentfreak.com/pubg-files-copyright-lawsuit-to-shut-down-competition-180405/

When PlayerUnknown’s Battlegrounds (PUBG) was first released little over a year ago, it became an instant hit.

Within a month a million copies of the first public beta version were sold and this has since grown to over 28 million copies on the PC alone.

This success earned the company hundreds of millions of dollars in revenue, but according to PUBG, this could have been much more if others hadn’t copied their work.

This week PUBG filed a lawsuit against NetEase, the company behind the mobile games “Rules of Survival” and “Knives Out“, accusing it of copyright infringement, unfair competition and trade dress infringement.

In a complaint filed in a federal court in California, PUBG alleges that the two mobile apps were released before PUBG’s own mobile application to gain market share. In doing so, the company copied several crucial elements without permission, PUBG adds.

The 155-page complaint lists a long summary of elements that PUBG believes are infringing on its copyrighted works. This includes buildings, landscapes, vehicles, weapons, clothing, the pre-play area, and the shrinking gameplay area.

“On information and belief, Defendants copied PUBG’s expressive depictions of the pre-play area where other depictions could have been used for the purpose of evoking the same gameplay experience depicted in BATTLEGROUNDS,” one example reads.

The games also feature PUBG’s iconic “Winner Winner Chicken Dinner” salute, which is displayed to the winner of the game. In addition, both games use references to this phrase in their advertising efforts.

Chicken dinner

These and other similarities are used to confuse the public into believing that the NetEase games are developed by PUBG, the company notes, repeating the same arguments for Rules of Survival (ROS) and Knives Out (KO).

“Defendants intended to create consumer confusion as to the source of ROS and intended to cause consumers to believe, incorrectly, that ROS had been developed by PUBG.”

The company highlights this point by noting that both games are regularly referred to as “PUBG” mobile in the marketplace, suggesting that there indeed is confusion.

PUBG mobile?

In January, PUBG reached out to Apple asking the company to take action against the allegedly infringing applications listed in its iOS store but NetEase denied the allegations.

As a result, the company saw no other option than to file this lawsuit. In addition to monetary damages, PUBG wants both mobile games to be taken offline permanently, to shield the company from further harm.

“PUBG has suffered irreparable harm as a result of Defendants’ infringing activities and will continue to suffer irreparable harm in the future unless Defendants are enjoined from their infringing conduct,” the suit reads.

Specifically, PUBG asks the court to order NetEase “to remove each and every version of the games Rules of Survival, Knives Out, and similarly infringing games, from distribution and to cease developing and supporting those games.”

While it appears obvious that Rules of Survival and Knives Out are inspired by PUBG, it’s up to the court to determine whether the copyright infringement and unfair competition claims hold.

A copy of PUBG’s 155-page complaint, obtained by TorrentFreak, is available here (pdf). NetEase has yet to respond to the allegations.

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

Fox Networks Obtains Piracy Blocking Injunction Against Rojadirecta

Post Syndicated from Andy original https://torrentfreak.com/fox-networks-obtains-piracy-blocking-injunction-against-rojadirecta-180405/

Twelve years ago this October, a court in Denmark ordered a local ISP to begin blocking unlicensed Russian music site AllofMP3. It was a landmark moment that opened the floodgates.

Although most countries took a few years to follow, blocking is now commonplace across Europe and if industry lobbyists have their way, it will soon head to North America. Meanwhile, other regions are getting their efforts underway, with Uruguay the latest country to reserve a place on the list.

The news comes via Fox Sports Latin America, which expressed satisfaction this week that a court in the country had handed down an interim injunction against local ISPs which compels them to block access to streaming portal Rojadirecta.

Despite a focus on Spanish speaking regions, Rojadirecta is one of the best known and longest-standing unauthorized sports in the world. Offering links to live streams of most spectator sports, Rojadirecta has gained a loyal and international following.

This has resulted in a number of lawsuits and legal challenges in multiple regions, the latest being a criminal copyright infringement complaint by Fox Sports Latin America. As usual, the company is annoyed that its content is being made available online without the proper authorization.

“This exemplary ruling marks the beginning of judicial awareness on online piracy issues,” said Daniel Steinmetz, Chief Anti-Piracy Officer of Fox Networks Group Latin America.

“FNG Latin America works constantly to combat the illegal use of content on different fronts and with great satisfaction we have found in Uruguay an important ally in the fight against this scourge. We are on our way to ending the impunity of these illegal content relay sites.”

Fox Sports says that with this pioneering action, Uruguay is now at the forefront of the campaign to tackle piracy currently running rampant across South America.

According to a NetNames report, there are 222 million Internet users in the region, of which 110 million access pirated content. This translates to 1,377 million TV hours per year but it’s hoped that additional action in other countries will help to stem the rising tide.

“We have already presented actions in other countries in the region where we will seek to replicate what we have obtained in Uruguay,” Fox said in a statement.

Local reports indicate that Internet providers have not yet taken action to block RojaDirecta but it’s expected they will do so in the near future.

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