Tag Archives: lawsuit

ISP Questions Impartiality of Judges in Copyright Troll Cases

Post Syndicated from Andy original https://torrentfreak.com/isp-questions-impartiality-of-judges-in-copyright-troll-cases-180602/

Following in the footsteps of similar operations around the world, two years ago the copyright trolling movement landed on Swedish shores.

The pattern was a familiar one, with trolls harvesting IP addresses from BitTorrent swarms and tracing them back to Internet service providers. Then, after presenting evidence to a judge, the trolls obtained orders that compelled ISPs to hand over their customers’ details. From there, the trolls demanded cash payments to make supposed lawsuits disappear.

It’s a controversial business model that rarely receives outside praise. Many ISPs have tried to slow down the flood but most eventually grow tired of battling to protect their customers. The same cannot be said of Swedish ISP Bahnhof.

The ISP, which is also a strong defender of privacy, has become known for fighting back against copyright trolls. Indeed, to thwart them at the very first step, the company deletes IP address logs after just 24 hours, which prevents its customers from being targeted.

Bahnhof says that the copyright business appeared “dirty and corrupt” right from the get go, so it now operates Utpressningskollen.se, a web portal where the ISP publishes data on Swedish legal cases in which copyright owners demand customer data from ISPs through the Patent and Market Courts.

Over the past two years, Bahnhof says it has documented 76 cases of which six are still ongoing, 11 have been waived and a majority 59 have been decided in favor of mainly movie companies. Bahnhof says that when it discovered that 59 out of the 76 cases benefited one party, it felt a need to investigate.

In a detailed report compiled by Bahnhof Communicator Carolina Lindahl and sent to TF, the ISP reveals that it examined the individual decision-makers in the cases before the Courts and found five judges with “questionable impartiality.”

“One of the judges, we can call them Judge 1, has closed 12 of the cases, of which two have been waived and the other 10 have benefitted the copyright owner, mostly movie companies,” Lindahl notes.

“Judge 1 apparently has written several articles in the magazine NIR – Nordiskt Immateriellt Rättsskydd (Nordic Intellectual Property Protection) – which is mainly supported by Svenska Föreningen för Upphovsrätt, the Swedish Association for Copyright (SFU).

“SFU is a member-financed group centered around copyright that publishes articles, hands out scholarships, arranges symposiums, etc. On their website they have a public calendar where Judge 1 appears regularly.”

Bahnhof says that the financiers of the SFU are Sveriges Television AB (Sweden’s national public TV broadcaster), Filmproducenternas Rättsförening (a legally-oriented association for filmproducers), BMG Chrysalis Scandinavia (a media giant) and Fackförbundet för Film och Mediabranschen (a union for the movie and media industry).

“This means that Judge 1 is involved in a copyright association sponsored by the film and media industry, while also judging in copyright cases with the film industry as one of the parties,” the ISP says.

Bahnhof’s also has criticism for Judge 2, who participated as an event speaker for the Swedish Association for Copyright, and Judge 3 who has written for the SFU-supported magazine NIR. According to Lindahl, Judge 4 worked for a bureau that is partly owned by a board member of SFU, who also defended media companies in a “high-profile” Swedish piracy case.

That leaves Judge 5, who handled 10 of the copyright troll cases documented by Bahnhof, waiving one and deciding the remaining nine in favor of a movie company plaintiff.

“Judge 5 has been questioned before and even been accused of bias while judging a high-profile piracy case almost ten years ago. The accusations of bias were motivated by the judge’s membership of SFU and the Swedish Association for Intellectual Property Rights (SFIR), an association with several important individuals of the Swedish copyright community as members, who all defend, represent, or sympathize with the media industry,” Lindahl says.

Bahnhof hasn’t named any of the judges nor has it provided additional details on the “high-profile” case. However, anyone who remembers the infamous trial of ‘The Pirate Bay Four’ a decade ago might recall complaints from the defense (1,2,3) that several judges involved in the case were members of pro-copyright groups.

While there were plenty of calls to consider them biased, in May 2010 the Supreme Court ruled otherwise, a fact Bahnhof recognizes.

“Judge 5 was never sentenced for bias by the court, but regardless of the court’s decision this is still a judge who shares values and has personal connections with [the media industry], and as if that weren’t enough, the judge has induced an additional financial aspect by participating in events paid for by said party,” Lindahl writes.

“The judge has parties and interest holders in their personal network, a private engagement in the subject and a financial connection to one party – textbook characteristics of bias which would make anyone suspicious.”

The decision-makers of the Patent and Market Court and their relations.

The ISP notes that all five judges have connections to the media industry in the cases they judge, which isn’t a great starting point for returning “objective and impartial” results. In its summary, however, the ISP is scathing of the overall system, one in which court cases “almost looked rigged” and appear to be decided in favor of the movie company even before reaching court.

In general, however, Bahnhof says that the processes show a lack of individual attention, such as the court blindly accepting questionable IP address evidence supplied by infamous anti-piracy outfit MaverickEye.

“The court never bothers to control the media company’s only evidence (lists generated by MaverickMonitor, which has proven to be an unreliable software), the court documents contain several typos of varying severity, and the same standard texts are reused in several different cases,” the ISP says.

“The court documents show a lack of care and control, something that can easily be taken advantage of by individuals with shady motives. The findings and discoveries of this investigation are strengthened by the pure numbers mentioned in the beginning which clearly show how one party almost always wins.

“If this is caused by bias, cheating, partiality, bribes, political agenda, conspiracy or pure coincidence we can’t say for sure, but the fact that this process has mainly generated money for the film industry, while citizens have been robbed of their personal integrity and legal certainty, indicates what forces lie behind this machinery,” Bahnhof’s Lindahl concludes.

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

Hong Kong Customs Arrest Pirate Streaming Device Vendors

Post Syndicated from Andy original https://torrentfreak.com/hong-kong-customs-arrest-pirate-streaming-device-vendors-180529/

As Internet-capable set-top boxes pour into homes across all populated continents, authorities seem almost powerless to come up with a significant response to the growing threat.

In standard form these devices, which are often Android-based, are entirely legal. However, when configured with specialist software they become piracy powerhouses providing access to all content imaginable, often at copyright holders’ expense.

A large proportion of these devices come from Asia, China in particular, but it’s relatively rare to hear of enforcement action in that part of the world. That changed this week with an announcement from Hong Kong customs detailing a series of raids in the areas of Sham Shui Po and Wan Chai.

After conducting an in-depth investigation with the assistance of copyright holders, on May 25 and 26 Customs and Excise officers launched Operation Trojan Horse, carrying out a series of raids on four premises selling suspected piracy-configured set-top boxes.

During the operation, officers arrested seven men and one woman aged between 18 and 45. Four of them were shop owners and the other four were salespeople. Around 354 suspected ‘pirate’ boxes were seized with an estimated market value of HK$320,000 (US$40,700).

“In the past few months, the department has stepped up inspections of hotspots for TV set-top boxes,” a statement from authorities reads.

“We have discovered that some shops have sold suspected illegal set-top boxes that bypass the copyright protection measures imposed by copyright holders of pay television programs allowing people to watch pay television programs for free.”

Some of the devices seized by Hong Kong Customs

During a press conference yesterday, a representative from the Customs Copyright and Trademark Investigations (Action) Division said that in the run up to the World Cup in 2018, measures against copyright infringement will be strengthened both on and online.

The announcement was welcomed by the Cable and Satellite Broadcasting Association of Asia’s (CASBAA) Coalition Against Piracy, which is back by industry heavyweights including Disney, Fox, HBO Asia, NBCUniversal, Premier League, Turner Asia-Pacific, A&E Networks, Astro, BBC Worldwide, National Basketball Association, TV5MONDE, Viacom International, and others.

“We commend the great work of Hong Kong Customs in clamping down on syndicates who profit from the sale of Illicit Streaming Devices,” said General Manager Neil Gane.

“The prevalence of ISDs in Hong Kong and across South East Asia is staggering. The criminals who sell ISDs, as well as those who operate the ISD networks and pirate websites, are profiting from the hard work of talented creators, seriously damaging the legitimate content ecosystem as well as exposing consumers to dangerous malware.”

Malware warnings are very prevalent these days but it’s not something the majority of set-top box owners have a problem with. Indeed, a study carried by Sycamore Research found that pirates aren’t easily deterred by such warnings.

Nevertheless, there are definite risks for individuals selling devices when they’re configured for piracy.

Recent cases, particularly in the UK, have shown that hefty jail sentences can hit offenders while over in the United States (1,2,3), lawsuits filed by the Alliance for Creativity and Entertainment (ACE) have the potential to end in unfavorable rulings for multiple defendants.

Although rarely reported, offenders in Hong Kong also face stiff sentences for this kind of infringement including large fines and custodial sentences of up to four years.

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

Legal Blackmail: Zero Cases Brought Against Alleged Pirates in Sweden

Post Syndicated from Andy original https://torrentfreak.com/legal-blackmail-zero-cases-brought-against-alleged-pirates-in-sweden-180525/

While several countries in Europe have wilted under sustained pressure from copyright trolls for more than ten years, Sweden managed to avoid their controversial attacks until fairly recently.

With Germany a decade-old pit of misery, with many hundreds of thousands of letters – by now probably millions – sent out to Internet users demanding cash, Sweden avoided the ranks of its European partners until two years ago

In September 2016 it was revealed that an organization calling itself Spridningskollen (Distribution Check) headed up by law firm Gothia Law, would begin targeting the public.

Its spokesperson described its letters as “speeding tickets” for pirates, in that they would only target the guilty. But there was a huge backlash and just a couple of months later Spridningskollen headed for the hills, without a single collection letter being sent out.

That was the calm before the storm.

In February 2017, Danish law firm Njord Law was found to be at the center of a new troll operation targeting the subscribers of several ISPs, including Telia, Tele2 and Bredbandsbolaget. Court documents revealed that thousands of IP addresses had been harvested by the law firm’s partners who were determined to link them with real-life people.

Indeed, in a single batch, Njord Law was granted permission from the court to obtain the identities of citizens behind 25,000 IP addresses, from whom it hoped to obtain cash settlements of around US$550. But it didn’t stop there.

Time and again the trolls headed back to court in an effort to reach more people although until now the true scale of their operations has been open to question. However, a new investigation carried out by SVT has revealed that the promised copyright troll invasion of Sweden is well underway with a huge level of momentum.

Data collated by the publication reveals that since 2017, the personal details behind more than 50,000 IP addresses have been handed over by Swedish Internet service providers to law firms representing copyright trolls and their partners. By the end of this year, Njord Law alone will have sent out 35,000 letters to Swede’s whose IP addresses have been flagged as allegedly infringing copyright.

Even if one is extremely conservative with the figures, the levels of cash involved are significant. Taking a settlement amount of just $300 per letter, very quickly the copyright trolls are looking at $15,000,000 in revenues. On the perimeter, assuming $550 will make a supposed lawsuit go away, we’re looking at a potential $27,500,000 in takings.

But of course, this dragnet approach doesn’t have the desired effect on all recipients.

In 2017, Njord Law said that only 60% of its letters received any kind of response, meaning that even fewer would be settling with the company. So what happens when the public ignores the threatening letters?

“Yes, we will [go to court],” said lawyer Jeppe Brogaard Clausen last year.

“We wish to resolve matters as much as possible through education and dialogue without the assistance of the court though. It is very expensive both for the rights holders and for plaintiffs if we go to court.”

But despite the tough-talking, SVT’s investigation has turned up an interesting fact. The nuclear option, of taking people to court and winning a case when they refuse to pay, has never happened.

After trawling records held by the Patent and Market Court and all those held by the District Courts dating back five years, SVT did not find a single case of a troll taking a citizen to court and winning a case. Furthermore, no law firm contacted by the publication could show that such a thing had happened.

“In Sweden, we have not yet taken someone to court, but we are planning to file for the right in 2018,” Emelie Svensson, lawyer at Njord Law, told SVT.

While a case may yet reach the courts, when it does it is guaranteed to be a cut-and-dried one. Letter recipients can often say things to damage their case, even when they’re only getting a letter due to their name being on the Internet bill. These are the people who find themselves under the most pressure to pay, whether they’re guilty or not.

“There is a risk of what is known in English as ‘legal blackmailing’,” says Mårten Schultz, professor of civil law at Stockholm University.

“With [the copyright holders’] legal and economic muscles, small citizens are scared into paying claims that they do not legally have to pay.”

It’s a position shared by Marianne Levine, Professor of Intellectual Property Law at Stockholm University.

“One can only show that an IP address appears in some context, but there is no point in the evidence. Namely, that it is the subscriber who also downloaded illegitimate material,” she told SVT.

Njord Law, on the other hand, sees things differently.

“In Sweden, we have no legal case saying that you are not responsible for your IP address,” Emelie Svensson says.

Whether Njord Law will carry through with its threats will remain to be seen but there can be little doubt that while significant numbers of people keep paying up, this practice will continue and escalate. The trolls have come too far to give up now.

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

ISP Telenor Will Block The Pirate Bay in Sweden Without a Shot Fired

Post Syndicated from Andy original https://torrentfreak.com/isp-telenor-will-block-the-pirate-bay-in-sweden-without-a-shot-fired-180520/

Back in 2014, Universal Music, Sony Music, Warner Music, Nordisk Film and the Swedish Film Industry filed a lawsuit against Bredbandsbolaget, one of Sweden’s largest ISPs.

The copyright holders asked the Stockholm District Court to order the ISP to block The Pirate Bay and streaming site Swefilmer, claiming that the provider knowingly facilitated access to the pirate platforms and assisted their pirating users.

Soon after the ISP fought back, refusing to block the sites in a determined response to the Court.

“Bredbandsbolaget’s role is to provide its subscribers with access to the Internet, thereby contributing to the free flow of information and the ability for people to reach each other and communicate,” the company said in a statement.

“Bredbandsbolaget does not block content or services based on individual organizations’ requests. There is no legal obligation for operators to block either The Pirate Bay or Swefilmer.”

In February 2015 the parties met in court, with Bredbandsbolaget arguing in favor of the “important principle” that ISPs should not be held responsible for content exchanged over the Internet, in the same way the postal service isn’t responsible for the contents of an envelope.

But with TV companies SVT, TV4 Group, MTG TV, SBS Discovery and C More teaming up with the IFPI alongside Paramount, Disney, Warner and Sony in the case, Bredbandsbolaget would need to pull out all the stops to obtain victory. The company worked hard and initially the news was good.

In November 2015, the Stockholm District Court decided that the copyright holders could not force Bredbandsbolaget to block the pirate sites, ruling that the ISP’s operations did not amount to participation in the copyright infringement offenses carried out by some of its ‘pirate’ subscribers.

However, the case subsequently went to appeal, with the brand new Patent and Market Court of Appeal hearing arguments. In February 2017 it handed down its decision, which overruled the earlier ruling of the District Court and ordered Bredbandsbolaget to implement “technical measures” to prevent its customers accessing the ‘pirate’ sites through a number of domain names and URLs.

With nowhere left to go, Bredbandsbolaget and owner Telenor were left hanging onto their original statement which vehemently opposed site-blocking.

“It is a dangerous path to go down, which forces Internet providers to monitor and evaluate content on the Internet and block websites with illegal content in order to avoid becoming accomplices,” they said.

In March 2017, Bredbandsbolaget blocked The Pirate Bay but said it would not give up the fight.

“We are now forced to contest any future blocking demands. It is the only way for us and other Internet operators to ensure that private players should not have the last word regarding the content that should be accessible on the Internet,” Bredbandsbolaget said.

While it’s not clear whether any additional blocking demands have been filed with the ISP, this week an announcement by Bredbandsbolaget parent company Telenor revealed an unexpected knock-on effect. Seemingly without a single shot being fired, The Pirate Bay will now be blocked by Telenor too.

The background lies in Telenor’s acquisition of Bredbandsbolaget back in 2005. Until this week the companies operated under separate brands but will now merge into one entity.

“Telenor Sweden and Bredbandsbolaget today take the final step on their joint trip and become the same company with the same name. As a result, Telenor becomes a comprehensive provider of broadband, TV and mobile communications,” the company said in a statement this week.

“Telenor Sweden and Bredbandsbolaget have shared both logo and organization for the last 13 years. Today, we take the last step in the relationship and consolidate the companies under the same name.”

Up until this final merger, 600,000 Bredbandsbolaget broadband customers were denied access to The Pirate Bay. Now it appears that Telenor’s 700,000 fiber and broadband customers will be affected too. The new single-brand company says it has decided to block the notorious torrent site across its entire network.

“We have not discontinued Bredbandsbolaget, but we have merged Telenor and Bredbandsbolaget and become one,” the company said.

“When we share the same network, The Pirate Bay is blocked by both Telenor and Bredbandsbolaget and there is nothing we plan to change in the future.”

TorrentFreak contacted the PR departments of both Telenor and Bredbandsbolaget requesting information on why a court order aimed at only the latter’s customers would now affect those of the former too, more than doubling the blockade’s reach. Neither company responded which leaves only speculation as to its motives.

On the one hand, the decision to voluntarily implement an expanded blockade could perhaps be viewed as a little unusual given how much time, effort and money has been invested in fighting web-blockades in Sweden.

On the other, the merger of the companies may present legal difficulties as far as the court order goes and it could certainly cause friction among the customer base of Telenor if some customers could access TPB, and others could not.

In any event, the legal basis for web-blocking on copyright infringement grounds was firmly established last year at the EU level, which means that Telenor would lose any future legal battle, should it decide to dig in its heels. On that basis alone, the decision to block all customers probably makes perfect commercial sense.

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

Police Launch Investigation into Huge Pirate Manga Site Mangamura

Post Syndicated from Andy original https://torrentfreak.com/police-launch-investigation-into-huge-pirate-manga-site-mangamura-180514/

Back in March, Japan’s Chief Cabinet Secretary Yoshihide Suga said that the government was considering measures to prohibit access to pirate sites.

While protecting all content is the overall aim, it became clear that the government was determined to protect Japan’s successful manga and anime industries.

It didn’t take long for a reaction. On Friday April 13, the government introduced emergency website blocking measures, seeking cooperation from the country’s ISPs.

NTT Communications Corp., NTT Docomo Inc. and NTT Plala Inc., quickly announced they would block three leading pirate sites – Mangamura, AniTube! and MioMio which have a huge following in Japan. However, after taking the country by storm during the past two years, Mangamura had already called it quits.

On April 17, in the wake of the government announcement, Mangamura disappeared. It’s unclear whether its vanishing act was directly connected to recent developments but a program on national public broadcasting organization NHK, which claimed to have traced the site’s administrators back to the United States, Ukraine, and other regions, can’t have helped.

Further details released this morning reveal the intense pressure Mangamura was under. With 100 million visits a month it was bound to attract attention and according to Mainichi, several publishing giants ran out of patience last year and reported the platform to the authorities.

Kodansha, Japan’s largest publisher, and three other companies filed criminal complaints with Fukuoka Prefectural Police, Oita Prefectural Police, and other law enforcement departments, claiming the site violated their rights.

“The complaints, which were lodged against an unknown suspect or suspects, were filed on behalf of manga artists who are copyright holders to the pirated works, including Hajime Isayama and Eiichiro Oda, known for their wildly popular ‘Shingeki no Kyojin’ (‘Attack on Titan,’ published by Kodansha) and ‘One Piece’ (Shueisha Inc.), respectively,” the publication reports.

Mangamura launch in January 2016 and became a huge hit in Japan. Anti-piracy group Content Overseas Distribution Association (CODA), which counts publishing giant Kodansha among its members, reports that between September 2017 and February 2018, the site was accessed 620 million times.

Based on a “one visit, one manga title read” formula, CODA estimates that the site caused damages to the manga industry of 319.2 billion yen – around US$2.91 billion.

As a result, police are now stepping up their efforts to identify Mangamura’s operators. Whether that will prove fruitful will remain to be seen but in the meantime, Japan’s site-blocking efforts continue to cause controversy.

As reported last month, lawyer and NTT customer Yuichi Nakazawa launched legal action against NTT, demanding that the corporation immediately end its site-blocking operations.

“NTT’s decision was made arbitrarily on the site without any legal basis. No matter how legitimate the objective of copyright infringement is, it is very dangerous,” Nakazawa told TorrentFreak.

“I felt that ‘freedom,’ which is an important value of the Internet, was threatened. Actually, when the interruption of communications had begun, the company thought it would be impossible to reverse the situation, so I filed a lawsuit at this stage.”

Japan’s Constitution and its Telecommunications Business Act both have “no censorship” clauses, meaning that site-blocking has the potential to be ruled illegal. It’s also illegal in Japan to invade the privacy of Internet users’ communications, which some observers have argued is necessary if users are to be prevented from accessing pirate sites.

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

Pirate IPTV Service Goes Bust After Premier League Deal, Exposing Users

Post Syndicated from Andy original https://torrentfreak.com/pirate-iptv-service-goes-bust-after-premier-league-deal-exposing-users-180913/

For those out of the loop, unauthorized IPTV services offering many thousands of unlicensed channels have been gaining in popularity in recent years. They’re relatively cheap, fairly reliable, and offer acceptable levels of service.

They are, however, a huge thorn in the side of rightsholders who are desperate to bring them to their knees. One such organization is the UK’s Premier League, which has been disrupting IPTV services over the past year, hoping they’ll shut down.

Most have simply ridden the wave of blocks but one provider, Ace Hosting in the UK, showed signs of stress last year, revealing that it would no longer sell new subscriptions. There was little doubt in most people’s minds that the Premier League had gotten uncomfortably close to the IPTV provider.

Now, many months later, the amazing story can be told. It’s both incredible and shocking and will leave many shaking their heads in disbelief. First up, some background.

Doing things ‘properly’ – incorporation of a pirate service…

Considering how most operators of questionable services like to stay in the shade, it may come as a surprise to learn that Ace Hosting Limited is a proper company. Incorporated and registered at Companies House on January 3, 2017, Ace has two registered directors – family team Ian and Judith Isaac.

In common with several other IPTV operators in the UK who are also officially registered with the authorities, Ace Hosting has never filed any meaningful accounts. There’s a theory that the corporate structure is basically one of convenience, one that allows for the handling of large volumes of cash while limiting liability. The downside, of course, is that people are often more easily identified, in part due to the comprehensive paper trail.

Thanks to what can only be described as a slow-motion train wreck, the Ace Hosting debacle is revealing a bewildering set of circumstances. Last December, when Ace said it would stop signing up new members due to legal pressure, a serious copyright threat had already been filed against it.

Premier League v Ace Hosting

Documents seen by TorrentFreak reveal that the Premier League sent legal threats to Ace Hosting on December 15, 2017, just days before the subscription closure announcement. Somewhat surprisingly, Ace apparently felt it could pay the Premier League a damages amount and keep on trading.

But early March 2018, with the Premier League threatening Ace with all kinds of bad things, the company made a strange announcement.

“The ISPs in the UK and across Europe have recently become much more aggressive in blocking our service while football games are in progress,” Ace said in a statement.

“In order to get ourselves off of the ISP blacklist we are going to black out the EPL games for all users (including VPN users) starting on Monday. We believe that this will enable us to rebuild the bypass process and successfully provide you with all EPL games.”

It seems doubtful that Ace really intended to thumb its nose at the Premier League but it had continued to sell subscriptions since receiving threats in December, so all things seemed possible. But on March 24 that all changed, when Ace effectively announced its closure.

Premier League 1, Ace Hosting 0

“It is with sorrow that we announce that we are no longer accepting renewals, upgrades to existing subscriptions or the purchase of new credits. We plan to support existing subscriptions until they expire,” the team wrote.

“EPL games including highlights continue to be blocked and are not expected to be reinstated before the end of the season.”

Indeed, just days later the Premier League demanded a six-figure settlement sum from Ace Hosting, presumably to make a lawsuit disappear. It was the straw that broke the camel’s back.

“When the proposed damages amount was received it was clear that the Company would not be able to cover the cost and that there was a very high probability that even with a negotiated settlement that the Company was insolvent,” documents relating to Ace’s liquidation read.

At this point, Ace says it immediately ceased trading but while torrent sites usually shut down and disappear into the night, Ace’s demise is now a matter of record.

Creditors – the good, the bad, and the ugly

On April 11, 2018, Ace’s directors contacted business recovery and insolvency specialists Begbies Traynor (Central) LLP to obtain advice on the company’s financial position. Begbies Traynor was instructed by Ace on April 23 and on May 8, Ace Hosting director Ian Isaac determined that his company could not pay its debts.

First the good news. According to an official report, Ace Hosting has considerable cash in the bank – £255,472.00 to be exact. Now the bad news – Ace has debts of £717,278.84. – the details of which are intriguing to say the least.

First up, Ace has ‘trade creditors’ to whom it owes £104,356. The vast majority of this sum is a settlement Ace agreed to pay to the Premier League.

“The directors entered into a settlement agreement with the Football Association Premier League Limited prior to placing the Company into liquidation as a result of a purported copyright infringement. However, there is a residual claim from the Football Association Premier League Limited which is included within trade creditors totaling £100,000,” Ace’s statement of affairs reads.

Bizarrely (given the nature of the business, at least) Ace also owes £260,000 to Her Majesty’s Revenue and Customs (HMRC) in unpaid VAT and corporation tax, which is effectively the government’s cut of the pirate IPTV business’s labors.

Former Ace Hosting subscriber? Your cash is as good as gone

Finally – and this is where things get a bit sweaty for Joe Public – there are 15,768 “consumer creditors”, split between ‘retail’ and ‘business’ customers of the service. Together they are owed a staggering £353,000.

Although the documentation isn’t explicit, retail customers appear to be people who have purchased an Ace IPTV subscription that still had time to run when the service closed down. Business customers seem likely to be resellers of the service, who purchased ‘credits’ and didn’t get time to sell them before Ace disappeared.

The poison chalice here is that those who are owed money by Ace can actually apply to get some of it back, but that could be extremely risky.

“Creditor claims have not yet been adjudicated but we estimate that the majority of customers who paid for subscription services will receive less than £3 if there is a distribution to unsecured creditors. Furthermore, customer details will be passed to the relevant authorities if there is any suggestion of unlawful conduct,” documentation reads.

We spoke with a former Ace customer who had this to say about the situation.

“It was generally a good service notwithstanding their half-arsed attempts to evade the EPL block. At its heart there were people who seemed to know how to operate a decent service, although the customer-facing side of things was not the greatest,” he said.

“And no, I won’t be claiming a refund. I went into it with my eyes fully open so I don’t hold anyone responsible, except myself. In any case, anyone who wants a refund has to complete a claim form and provide proof of ID (LOL).”

The bad news for former subscribers continues…potentially

While it’s likely that most people will forgo their £3, the bad news isn’t over for subscribers. Begbies Traynor is warning that the liquidators will decide whether to hand over subscribers’ personal details to the Premier League and/or the authorities.

In any event, sometime in the next couple of weeks the names and addresses of all subscribers will be made “available for inspection” at an address in Wiltshire for two days, meaning that any interested parties could potentially gain access to sensitive information.

The bottom line is that Ace Hosting is in the red to the tune of £461,907 and will eventually disappear into the bowels of history. Whether its operators will have to answer for their conduct will remain to be seen but it seems unimaginable at this stage that things will end well.

Subscribers probably won’t get sucked in but in a story as bizarre as this one, anything could yet happen.

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

‘Anonymous’ Hackers Deface Russian Govt. Site to Protest Web-Blocking (NSFW)

Post Syndicated from Andy original https://torrentfreak.com/anonymous-hackers-deface-russian-govt-site-to-protest-web-blocking-nsfw-180512/

Last month, Russian authorities demonstrated that when an entity breaks local Internet rules, no stone will be left unturned to make them pay, whatever the cost.

The disaster waiting to happen began when encrypted messaging service Telegram refused to hand over its encryption keys to the state. In response, the Federal Security Service filed a lawsuit, which it won, compelling it Telegram do so. With no response, Roscomnadzor obtained a court order to have Telegram blocked.

In a massive response, Russian ISPs – at Roscomnadzor’s behest – began mass-blocking IP addresses on a massive scale. Millions of IP addresses belong to Amazon, Google and other innocent parties were rendered inaccessible in Russia, causing chaos online.

Even VPN providers were targeted for facilitating access to Telegram but while the service strained under the pressure, it never went down and continues to function today.

In the wake of the operation there has been some attempt at a cleanup job, with Roscomnadzor announcing this week that it had unblocked millions of IP addresses belonging to Google.

“As part of a package of the measures to enforce the court’s decision on Telegram, Roskomnadzor has removed six Google subnets (more than 3.7 million IP-addresses) from the blocklist,” the telecoms watchdog said in a statement.

“In this case, the IP addresses of Telegram, which are part of these subnets, are fully installed and blocked. Subnets are unblocked in order to ensure the correct operation of third-party Internet resources.”

But while Roscomnadzor attempts to calm the seas, those angered by Russia’s carpet-bombing of the Internet were determined to make their voices heard. Hackers attacked the website of the Federal Agency for International Cooperation this week, defacing it with scathing criticism combined with NSFW suggestions and imagery.

“Greetings, Roskomnadzor,” the message began.

“Your recent destructive actions towards the Russian internet sector have led us to believe that you are nothing but a bunch of incompetent mindless worms. You shall not be able to continue this pointless vandalism any further.”

Signing off with advice to consider the defacement as a “final warning”, the hackers disappeared into the night after leaving a simple signature.

“Yours, Anonymous,” they wrote.

But the hackers weren’t done yet. In a NSFW cartoon strip that probably explains itself, ‘Anonymous’ suggested that Roscomnadzor should perhaps consider blocking itself, with the implement depicted in the final frame.

“Anus, block yourself Roscomnadzor”

But while Russia’s attack on Telegram raises eyebrows worldwide, the actions of those in authority continue to baffle.

Last week, Prime Minister Dmitry Medvedev’s press secretary, Natalia Timakova, publicly advised a colleague to circumvent the Telegram blockade using a VPN, effectively undermining the massive efforts of the authorities. This week the head of Roscomnadzor only added to the confusion.

Effectively quashing rumors that he’d resigned due to the Telegram fiasco, Alexander Zharov had a conversation with the editor-in-chief of radio station ‘Says Moscow’.

During the liason, which took place during the Victory Parade in Red Square, Zharov was asked how he could be contacted. When Telegram was presented as a potential method, Zharov confirmed that he could be reached via the platform.

Finally, in a move that’s hoped could bring an end to the attack on the platform and others like it, Telegram filed an appeal this week challenging a decision by the Supreme Court of Russia which allows the Federal Security Service to demand access to encryption keys.

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

Court Orders Pirate IPTV Linker to Shut Down or Face Penalties Up to €1.25m

Post Syndicated from Andy original https://torrentfreak.com/court-orders-pirate-iptv-linker-to-shut-down-or-face-penalties-up-to-e1-25m-180911/

There are few things guaranteed in life. Death, taxes, and lawsuits filed regularly by Dutch anti-piracy outfit BREIN.

One of its most recent targets was Netherlands-based company Leaper Beheer BV, which also traded under the names Flickstore, Dump Die Deal and Live TV Store. BREIN filed a complaint at the Limburg District Court in Maastricht, claiming that Leaper provides access to unlicensed live TV streams and on-demand movies.

The anti-piracy outfit claimed that around 4,000 live channels were on offer, including Fox Sports, movie channels, commercial and public channels. These could be accessed after the customer made a payment which granted access to a unique activation code which could be entered into a set-top box.

BREIN told the court that the code returned an .M3U playlist, which was effectively a hyperlink to IPTV channels and more than 1,000 movies being made available without permission from their respective copyright holders. As such, this amounted to a communication to the public in contravention of the EU Copyright Directive, BREIN argued.

In its defense, Leaper said that it effectively provided a convenient link-shortening service for content that could already be found online in other ways. The company argued that it is not a distributor of content itself and did not make available anything that wasn’t already public. The company added that it was completely down to the consumer whether illegal content was viewed or not.

The key question for the Court was whether Leaper did indeed make a new “communication to the public” under the EU Copyright Directive, a standard the Court of Justice of the European Union (CJEU) says should be interpreted in a manner that provides a high level of protection for rightsholders.

The Court took a three-point approach in arriving at its decision.

  • Did Leaper act in a deliberate manner when providing access to copyright content, especially when its intervention provided access to consumers who would not ordinarily have access to that content?
  • Did Leaper communicate the works via a new method to a new audience?
  • Did Leaper have a profit motive when it communicated works to the public?
  • The Court found that Leaper did communicate works to the public and intervened “with full knowledge of the consequences of its conduct” when it gave its customers access to protected works.

    “Access to [the content] in a different way would be difficult for those customers, if Leaper were not to provide its services in question,” the Court’s decision reads.

    “Leaper reaches an indeterminate number of potential recipients who can take cognizance of the protected works and form a new audience. The purchasers who register with Leaper are to be regarded as recipients who were not taken into account by the rightful claimants when they gave permission for the original communication of their work to the public.”

    With that, the Court ordered Leaper to cease-and-desist facilitating access to unlicensed streams within 48 hours of the judgment, with non-compliance penalties of 5,000 euros per IPTV subscription sold, link offered, or days exceeded, to a maximum of one million euros.

    But the Court didn’t stop there.

    “Leaper must submit a statement audited by an accountant, supported by (clear, readable copies of) all relevant documents, within 12 days of notification of this judgment of all the relevant (contact) details of the (person or legal persons) with whom the company has had contact regarding the provision of IPTV subscriptions and/or the provision of hyperlinks to sources where films and (live) broadcasts are evidently offered without the permission of the entitled parties,” the Court ruled.

    Failure to comply with this aspect of the ruling will lead to more penalties of 5,000 euros per day up to a maximum of 250,000 euros. Leaper was also ordered to pay BREIN’s costs of 20,700 euros.

    Describing the people behind Leaper as “crooks” who previously sold media boxes with infringing addons (as previously determined to be illegal in the Filmspeler case), BREIN chief Tim Kuik says that a switch of strategy didn’t help them evade the law.

    “[Leaper] sold a link to consumers that gave access to unauthorized content, i.e. pay-TV channels as well as video-on-demand films and series,” BREIN chief Tim Kuik informs TorrentFreak.

    “They did it for profit and should have checked whether the content was authorized. They did not and in fact were aware the content was unauthorized. Which means they are clearly infringing copyright.

    “This is evident from the CJEU case law in GS Media as well as Filmspeler and The Pirate Bay, aka the Dutch trilogy because the three cases came from the Netherlands, but these rulings are applicable throughout the EU.

    “They just keep at it knowing they’re cheating and we’ll take them to the cleaners,” Kuik concludes.

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

    YouTube Won’t Put Up With Blatant Piracy Tutorials Forever

    Post Syndicated from Andy original https://torrentfreak.com/youtube-wont-put-up-with-blatant-piracy-tutorials-forever-180506/

    Once upon a time, Internet users’ voices would be heard in limited circles, on platforms such as Usenet or other niche platforms.

    Then, with the rise of forum platforms such as phpBB in 2000 and Invision Power Board in 2002, thriving communities could gather in public to discuss endless specialist topics, including file-sharing of course.

    When dedicated piracy forums began to gain traction, it was pretty much a free-for-all. People discussed obtaining free content absolutely openly. Nothing was taboo and no one considered that there would be any repercussions. As such, moderation was limited to keeping troublemakers in check.

    As the years progressed and lawsuits against both sites and services became more commonplace, most sites that weren’t actually serving illegal content began to consider their positions. Run by hobbyists, most didn’t want the hassle of a multi-million dollar lawsuit, so links to pirate content began to diminish and the more overt piracy tutorials began to disappear underground.

    Those that remained in plain sight became much more considered. Tutorials on how to pirate specific Hollywood blockbusters were no longer needed, a plain general tutorial would suffice. And, as communities matured and took time to understand the implications of their actions, those without political motivations realized that drawing attention to potential criminality was neither required nor necessary.

    Then YouTube and social media happened and almost overnight, no one was in charge and anyone could say whatever they liked.

    In this new reality, there were no irritating moderator-type figures removing links to this and that, and nobody warning people against breaking rules that suddenly didn’t exist anymore. In essence, previously tight-knit and street-wise file-sharing and piracy communities not only became fragmented, but also chaotic.

    This meant that anyone could become a leader and in some cases, this was the utopia that many had hoped for. Not only couldn’t the record labels or Hollywood tell people what to do anymore, discussion site operators couldn’t either. For those who didn’t abuse the power and for those who knew no better, this was a much-needed breath of fresh air. But, like all good things, it was unlikely to last forever.

    Where most file-sharing of yesterday was carried out by hobbyist enthusiasts, many of today’s pirates are far more casual. They’re just as thirsty for content, but they don’t want to spend hours hunting for it. They want it all on a plate, at the flick of a switch, delivered to their TV with a minimum of hassle.

    With online discussions increasingly seen as laborious and old-fashioned, many mainstream pirates have turned to easy-to-consume videos. In support of their Kodi media player habits, YouTube has become the educational platform of choice for millions.

    As a result, there is now a long line of self-declared Kodi piracy specialists scooping up millions of views on YouTube. Their videos – which in many cases are thinly veiled advertisements for third party addons, Kodi ‘builds’, illegal IPTV services, and obscure Android APKs – are now the main way for a new generation to obtain direct advice on pirating.

    Many of the videos are incredibly blatant, like the past 15 years of litigation never happened. All the lessons learned by the phpBB board operators of yesteryear, of how to achieve their goals of sharing information without getting shut down, have been long forgotten. In their place, a barrage of daily videos designed to generate clicks and affiliate revenue, no matter what the cost, no matter what the risk.

    It’s pretty clear that these videos are at least partly responsible for the phenomenal uptick in Kodi and Android-based piracy over the past few years. In that respect, many lovers of free content will be eternally grateful for the service they’ve provided. But like many piracy movements over the years, people shouldn’t get too attached to them, at least in their current form.

    Thanks to the devil-may-care approach of many influential YouTubers, it won’t be long before a whole new set of moderators begin flexing their muscles. While your average phpBB moderator could be reasoned with in order to get a second chance, a determined and largely faceless YouTube will eject offenders without so much as a clear explanation.

    When this happens (and it’s only a question of time given the growing blatancy of many tutorials) YouTubers will not only lose their voices but their revenue streams too. While YouTube’s partner programs bring in some welcome cash, the profitable affiliate schemes touted on these channels for external products will also be under threat.

    Perhaps the most surprising thing in this drama-waiting-to-happen is that many of the most popular YouTubers can hardly be considered young and naive. While some are of more tender years, most – with their undoubted skill, knowledge and work ethic – should know better for their 30 or 40 years on this planet. Yet not only do they make their names public, they feature their faces heavily in their videos too.

    Still, it’s likely that it will take some big YouTube accounts to fall before YouTubers respond by shaving the sharp edges off their blatant promotion of illegal activity. And there’s little doubt that those advertising products (which is most of them) will have to do so sooner rather than later.

    Just this week, YouTube made it clear that it won’t tolerate people making money from the promotion of illegal activities.

    “YouTube creators may include paid endorsements as part of their content only if the product or service they are endorsing complies with our advertising policies,” YouTube told the BBC.

    “We will be working with creators going forward so they better understand that in video promotions [they] must not promote dishonest activity.”

    That being said, like many other players in the piracy and file-sharing space over the past 18 years, YouTubers will eventually begin to learn that not only can the smart survive, they can flourish too.

    Sure, there will be people out there who’ll protest that free speech allows citizens to express themselves in a manner of their choosing. But try PM’ing that to YouTube in response to a strike, and see how that fares.

    When they say you’re done, the road back is a long one.

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

    Russia Blocks 50 VPNs & Anonymizers in Telegram Crackdown, Viber Next

    Post Syndicated from Andy original https://torrentfreak.com/russia-blocks-50-vpns-anonymizers-in-telegram-crackdown-viber-next-180504/

    Any entity operating an encrypted messaging service in Russia needs to register with local authorities. They must also hand over their encryption keys when requested to do so, so that users can be monitored.

    Messaging giant Telegram refused to give in to Russian pressure. Founder Pavel Durov said that he would not compromise the privacy of Telegram’s 200m monthly users, despite losing a lawsuit against the Federal Security Service which compelled him to do so. In response, telecoms watchdog Roscomnadzor filed a lawsuit to degrade Telegram via web-blocking.

    After a Moscow court gave the go-ahead for Telegram to be banned in Russia last month, chaos broke out. ISPs around the country tried to block the service, which was using Amazon and Google to provide connectivity. Millions of IP addresses belonging to both companies were blocked and countless other companies and individuals had their services blocked too.

    But despite the Russian carpet-bombing of Telegram, the service steadfastly remained online. People had problems accessing the service at times, of course, but their determination coupled with that of Telegram and other facilitators largely kept communications flowing.

    Part of the huge counter-offensive was mounted by various VPN and anonymizer services that allowed people to bypass ISP blocks. However, they too have found themselves in trouble, with Russian authorities blocking them for facilitating access to Telegram. In an announcement Thursday, the telecoms watchdog revealed the scale of the crackdown.

    Deputy Head of Roskomnadzor told TASS that dozens of VPNs and similar services had been blocked while hinting at yet more to come.

    “Fifty for the time being,” Subbotin said.

    With VPN providers taking a hit on behalf of Telegram, there could be yet more chaos looming on the horizon. It’s feared that other encrypted services, which have also failed to hand over their keys to the FSB, could be targeted next.

    Ministry of Communications chief Nikolai Nikiforov told reporters this week that if Viber doesn’t fall into line, it could suffer the same fate as Telegram.

    “This is a matter for the Federal Security Service, because the authority with regard to such specific issues in the execution of the order for the provision of encryption keys is the authority of the FSB,” Nikiforov said.

    “If they have problems with the provision of encryption keys, they can also apply to the court and obtain a similar court decision,” the minister said, responding to questions about the Japanese-owned, Luxembourg-based communications app.

    With plenty of chaos apparent online, there are also reports of problems from within Roscomnadzor itself. For the past several days, rumors have been circulating in Russian media that Roskomnadzor chief Alexander Zharov has resigned, perhaps in response to the huge over-blocking that took place when Telegram was targeted.

    When questioned by reporters this week, Ministry of Communications chief Nikolai Nikiforov refused to provide any further information, stating that such a matter would be for the prime minister to handle.

    “I would not like to comment on this. If the chairman of the government takes this decision, I recall that the heads of services are appointed by the decision of the prime minister and personnel decisions are never commented on,” he said.

    Whether Prime Minister Dmitry Medvedev will make a statement is yet to be seen, but this week his office has been dealing with a blocking – or rather unblocking – controversy of its own.

    In a public post on Facebook May 1, Duma deputy Natalya Kostenko revealed that she was having problems due to the Telegram blockades.

    “Dear friends, do not write to me on Telegram, I’m not getting your messages. Use other channels to contact me,” Kostenko wrote.

    In response, Dmitry Medvedev’s press secretary, Natalia Timakova, told her colleague to circumvent the blockade so that she could access Telegram once again.

    “Use a VPN! It’s simple. And it works almost all the time,” Timakov wrote.

    Until those get blocked too, of course…..

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

    ISP Sued For Breaching User Privacy After Blocking Pirate Sites

    Post Syndicated from Andy original https://torrentfreak.com/isp-sued-for-breaching-user-privacy-after-blocking-pirate-sites-180428/

    After hinting at moves to curb online piracy last month, on April 13 the Japanese government announced
    emergency measures to target websites hosting pirated manga, anime and other types of content.

    In common with dozens of counterparts around the world, the government said it favored site-blocking as the first line of defense. However, with no specific legislation to fall back on, authorities asked local ISPs if they’d come along for the ride voluntarily. On Monday, the Nippon Telegraph and Telephone Corp. (NTT) announced that it would.

    “We have taken short-term emergency measures until legal systems on site-blocking are implemented,” NTT in a statement.

    NTT Communications Corp., NTT Docomo Inc. and NTT Plala Inc., said they would target three sites highlighted by the government – Mangamura, AniTube! and MioMio – which together have a huge following in Japan.

    The service providers added that at least in the short-term, they would prevent access to the sites using DNS blocking and would restrict access to other sites if requested to do so by the government. But, just a few days on, NTT is already facing problems.

    Lawyer Yuichi Nakazawa has now launched legal action against NTT, demanding that the corporation immediately ends its site-blocking operations.

    The complaint, filed at the Tokyo District Court, notes that the lawyer uses an Internet connection provided by NTT. Crucially, it also states that in order to block access to the sites in question, NTT would need to spy on customers’ Internet connections to find out if they’re trying to access the banned sites.

    The lawyer informs TorrentFreak that the ISP’s decision prompted him into action.

    “NTT’s decision was made arbitrarily on the site without any legal basis. No matter how legitimate the objective of copyright infringement is, it is very dangerous,” Nakazawa explains.

    “I felt that ‘freedom,’ which is an important value of the Internet, was threatened. Actually, when the interruption of communications had begun, the company thought it would be impossible to reverse the situation, so I filed a lawsuit at this stage.”

    Breaches of privacy could present a significant problem under Japanese law. The Telecommunications Business Act guarantees privacy of communications and prevents censorship, as does Article 21 of the Constitution.

    “The secrecy of communications being handled by a telecommunications carrier shall not be violated,” the Telecommunications Business Act states, adding that “no communications being handled by a telecommunications carrier shall be censored.”

    The Constitution is also clear, stating that “no censorship shall be maintained, nor shall the secrecy of any means of communication be violated.”

    For his part, lawyer Yuichi Nakazawa is also concerned that his contract with the ISP is being breached.

    “There is an Internet connection agreement between me and NTT. I am a customer of NTT. There is no provision in the contract between me and NTT to allow arbitrary interruption of communications,” he explains.

    Nakazawa doesn’t appear to be against site-blocking per se, he’s just concerned that relevant laws and agreements are being broken.

    “It is necessary to restrict sites of pirated publications but that does not mean you can do anything,” Nakazawa said, as quoted by Mainichi. “We should have sufficient discussions for an appropriate measure, including revising the law.”

    The question of whether site-blocking does indeed represent an invasion of privacy will probably come down to how the ISP implements it and how that is interpreted by the courts.

    A source familiar with the situation told TF that spying on user connections is clearly a problem but the deployment of an outer network firewall rule that simply prevents traffic passing through might be viewed differently.

    Such a rule would provide no secret or private information that wasn’t already available to the ISP when the customer requested a banned site through a web browser, although it still falls foul of the “no censorship” requirements of both the Constitution and Telecommunications Business Act.

    NTT Communications has declined to comment on the lawsuit but says it had no plans to backtrack on plans to block the sites. Earlier this week, SoftBank Corp., another ISP considering a blockade, expressed concerns that site-blocking has the potential to infringe secrecy of communications rules.

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

    MPAA Chief Says Fighting Piracy Remains “Top Priority”

    Post Syndicated from Andy original https://torrentfreak.com/mpaa-chief-says-fighting-piracy-remains-top-priority-180425/

    After several high-profile years at the helm of the movie industry’s most powerful lobbying group, last year saw the departure of Chris Dodd from the role of Chairman and CEO at the MPAA.

    The former Senator, who earned more than $3.5m a year championing the causes of the major Hollywood studios since 2011, was immediately replaced by another political heavyweight.

    Charles Rivkin, who took up his new role September 5, 2017, previously served as Assistant Secretary of State for Economic and Business Affairs in the Obama administration. With an underperforming domestic box office year behind him fortunately overshadowed by massive successes globally, this week he spoke before US movie exhibitors for the first time at CinemaCon in Las Vegas.

    “Globally, we hit a record high of $40.6 billion at the box office. Domestically, our $11.1 billion box office was slightly down from the 2016 record. But it exactly matched the previous high from 2015. And it was the second highest total in the past decade,” Rivkin said.

    “But it exactly matched the previous high from 2015. And it was the second highest total in the past decade.”

    Rivkin, who spent time as President and CEO of The Jim Henson Company, told those in attendance that he shares a deep passion for the movie industry and looks forward optimistically to the future, a future in which content is secured from those who intend on sharing it for free.

    “Making sure our creative works are valued and protected is one of the most important things we can do to keep that industry heartbeat strong. At the Henson Company, and WildBrain, I learned just how much intellectual property affects everyone. Our entire business model depended on our ability to license Kermit the Frog, Miss Piggy, and the Muppets and distribute them across the globe,” Rivkin said.

    “I understand, on a visceral level, how important copyright is to any creative business and in particular our country’s small and medium enterprises – which are the backbone of the American economy. As Chairman and CEO of the MPAA, I guarantee you that fighting piracy in all forms remains our top priority.”

    That tackling piracy is high on the MPAA’s agenda won’t comes as a surprise but at least in terms of the numbers of headlines plastered over the media, high-profile anti-piracy action has been somewhat lacking in recent years.

    With lawsuits against torrent sites seemingly a thing of the past and a faltering Megaupload case that will conclude who-knows-when, the MPAA has taken a broader view, seeking partnerships with sometimes rival content creators and distributors, each with a shared desire to curtail illicit media.

    “One of the ways that we’re already doing that is through the Alliance for Creativity and Entertainment – or ACE as we call it,” Rivkin said.

    “This is a coalition of 30 leading global content creators, including the MPAA’s six member studios as well as Netflix, and Amazon. We work together as a powerful team to ensure our stories are seen as they were intended to be, and that their creators are rewarded for their hard work.”

    Announced in June 2017, ACE has become a united anti-piracy powerhouse for a huge range of entertainment industry groups, encompassing the likes of CBS, HBO, BBC, Sky, Bell Canada, CBS, Hulu, Lionsgate, Foxtel and Village Roadshow, to name a few.

    The coalition was announced by former MPAA Chief Chris Dodd and now, with serious financial input from all companies involved, appears to be picking its fights carefully, focusing on the growing problem of streaming piracy centered around misuse of Kodi and similar platforms.

    From threatening relatively small-time producers and distributors of third-party addons and builds (1,2,3), ACE is also attempting to make its mark among the profiteers.

    The group now has several lawsuits underway in the United States against people selling piracy-enabled IPTV boxes including Tickbox, Dragon Box, and during the last week, Set TV.

    With these important cases pending, Rivkin offered assurances that his organization remains committed to anti-piracy enforcement and he thanked exhibitors for their efforts to prevent people quickly running away with copies of the latest releases.

    “I am grateful to all of you for recognizing what is at stake, and for working with us to protect creativity, such as fighting the use of illegal camcorders in theaters,” he said.

    “Protecting our creativity isn’t only a fundamental right. It’s an economic necessity, for us and all creative economies. Film and television are among the most valuable – and most impactful – exports we have.

    Thus far at least, Rivkin has a noticeably less aggressive tone on piracy than his predecessor Chris Dodd but it’s unlikely that will be mistaken for weakness among pirates, nor should it. The MPAA isn’t known for going soft on pirates and it certainly won’t be changing course anytime soon.

    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.

    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.

    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.

    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.

    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.

    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.