Tag Archives: lawsuit

Epic Games Sues Man Over Bitcoin Mining Fortnite ‘Cheat’

Post Syndicated from Ernesto original https://torrentfreak.com/epic-games-sues-man-over-bitcoin-mining-fortnite-cheat-171019/

A few weeks ago, Epic Games released Fortnite’s free-to-play “Battle Royale” game mode for the PC and other platforms, generating massive interest among gamers.

The release also attracted attention from thousands of cheaters, many of whom were subsequently banned. In addition, Epic Games went a step further by taking several cheaters to court over copyright infringement.

This week the North Carolina-based game developer continued its a war against cheaters. In a new lawsuit, it targets two other cheaters who promoted their hacks through YouTube videos.

One of the defendants is a Swedish resident, Mr. Josefson. He created a cheat and promoted it in various videos, adding instructions on how to download and install it. In common with the previous defendants, he is being sued for copyright infringement.

The second cheater listed in the complaint, a Russian man named Mr. Yakovenko, is more unique. This man also promoted his Fortnite cheats through a series of YouTube videos, but they weren’t very effective.

When Epic downloaded the ‘cheat’ to see how it works, all they got was a Bitcoin miner.

“Epic downloaded the purported cheat from the links provided in Yakovenko’s YouTube videos. While the ‘cheat’ does not appear to be a functional Fortnite cheat, it functions as a bitcoin miner that infects the user’s computer with a virus that causes the user’s computer to mine bitcoin for the benefit of an unknown third party,” the complaint reads.

Epic ‘cheat’

Despite the non-working cheat, Epic Games maintains that Yakovenko created a cheat for Fortnite’s Battle Royale game mode, pointing to a YouTube video he posted last month.

“The First Yakovenko video and associated post contained instructions on how to download and install the cheat and showed full screen gameplay using the purported cheat,” the complaint reads.

All the videos have since been removed following takedown notices from Epic. Through the lawsuit, the game developer now hopes to get compensation for the damages it suffered.

In addition to the copyright infringement claims the two men are also accused of trademark infringement, unfair competition, and breach of contract.

There’s little doubt that Epic Games is doing its best to hold cheaters accountable. However, the problem is not easy to contain. A simple search for Fortnite Hack or Fortnite Cheat still yields tens of thousands of results, with new videos being added continuously.

A copy of the full complaint against Josefson and Yakovenko is available here (pdf).

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

New ‘Coalition Against Piracy’ Will Crack Down on Pirate Streaming Boxes

Post Syndicated from Ernesto original https://torrentfreak.com/new-coalition-against-piracy-will-crack-down-on-pirate-streaming-boxes-171017/

Traditionally there have only been a handful of well-known industry groups fighting online piracy, but this appears to be changing.

Increasingly, major entertainment industry companies are teaming up in various regions to bundle their enforcement efforts against copyright infringement.

Earlier this year the Alliance for Creativity and Entertainment (ACE) was formed by major players including Disney, HBO, and NBCUniversal, and several of the same media giants are also involved in the newly founded Coalition Against Piracy (CAP).

CAP will coordinate anti-piracy efforts in Asia and is backed by CASBAA, Disney, Fox, HBO Asia, NBCUniversal, Premier League, Turner Asia-Pacific, A&E Networks, Astro, BBC Worldwide, National Basketball Association, TV5MONDE, Viacom International, and others.

The coalition has hired Neil Gane as its general manager. Gane is no stranger to anti-piracy work, as he previously served as the MPAA’s regional director in Australasia and was chief of the Australian Federation Against Copyright Theft.

The goal of CAP will be to assist in local enforcement actions against piracy, including the disruption and dismantling of local businesses that facilitate it. Pirate streaming boxes and apps will be among the main targets.

These boxes, which often use the legal Kodi player paired with infringing add-ons, are referred to as illicit streaming devices (ISDs) by industry insiders. They have grown in popularity all around the world and Asia is no exception.

“The prevalence of ISDs across Asia is staggering. The criminals who operate the ISD networks and the 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”, Gane said, quoted by Indian Television.

Gane knows the region well and started his career working for the Hong Kong Police. He sees the pirate streaming box ecosystem as a criminal network which presents a major threat to the entertainment industries.

“This is a highly organized transnational crime with criminal syndicates profiting enormously at the expense of consumers as well as content creators,” Gane noted.

The Asian creative industry is a major growth market as more and more legal content is made available. However, the growth of these legal services is threatened by pirate boxes and apps. The Coalition Against Piracy hopes to curb this.

The launch of CAP, which will be formalized at the upcoming CASBAA anti-piracy convention in November, confirms the trend of localized anti-piracy coalitions which are backed by major industry players. We can expect to hear more from these during the years to come.

Just a few days ago the founding members of the aforementioned ACE anti-piracy initiative filed their first joint lawsuit in the US which, unsurprisingly, targets a seller of streaming boxes.

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

Spinrilla Wants RIAA Case Thrown Out Over ‘Lies’ About ‘Hidden’ Piracy Data

Post Syndicated from Ernesto original https://torrentfreak.com/spinrilla-wants-riaa-case-thrown-out-over-lies-about-hidden-piracy-data-171016/

Earlier this year, a group of well-known labels targeted Spinrilla, a popular hip-hop mixtape site and app which serves millions of users.

The coalition of record labels, including Sony Music, Warner Bros. Records, and Universal Music Group, filed a lawsuit against the service over alleged copyright infringements.

While the discovery process is still ongoing, Spinrilla recently informed the court that the record labels have “just about derailed” the entire case. The company has submitted a motion for sanctions, which is currently sealed, but additional information submitted to the court this week reveals what’s going on.

When the labels filed their original complaint they listed 210 tracks, without providing the allegedly infringing URLs. These weren’t shared during the early stages of the discovery process either, forcing the site to manually search for potentially infringing links.

Then, early October, Spinrilla received a massive spreadsheet with over 2,000 tracks, including the infringing URLs. This data came from the RIAA and supported the long list of infringements in the amended complaint submitted around the same time.

The spreadsheet would have made the discovery process much easier for Spinrilla. In a supplemental brief supporting a motion for sanctions, Spinrilla accuses the labels of hiding the piracy data from them and lying about it, “derailing” the case in the process.

“Significantly, Plaintiffs used that lie to convince the Court they should be allowed to add about 1,900 allegedly infringed sound recordings to their original list of 210. Later, Plaintiffs repeated that lie to convince the Court to give them time to add even more sound recordings to their list.”

vbcn

Spinrilla says they were forced to go down an expensive and unnecessary rabbit hole to find the infringing files, even though the RIAA data was available all along.

“By hiding and lying about the RIAA data, Plaintiffs forced Defendants to spend precious time and money fumbling through discovery. Not knowing that Plaintiffs had the RIAA data,” the company writes.

The hip-hop mixtape site argues that the alleged wrongdoing is severe enough to have the entire complaint dismissed, as the ultimate sanction.

“It is without exaggeration to say that by hiding the RIAA spreadsheets and that underlying data, Defendants have been severely prejudiced. The Complaint should be dismissed with prejudice and, if it is, Plaintiffs can only blame themselves,” Spinrilla concludes.

The stakes are certainly high in this case. With well over 2,000 infringing tracks listed in the amended complaint, the hip-hop mixtape site faces statutory damages as high as $300 million, at least in theory.

Spinrilla’s supplement brief in further support of the motion for sanctions is available here (pdf).

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

Hollywood Giants Sue Kodi-powered ‘TickBox TV’ Over Piracy

Post Syndicated from Ernesto original https://torrentfreak.com/hollywood-giants-sue-kodi-powered-tickbox-tv-over-piracy-171014/

Online streaming piracy is booming and many people use dedicated media players to bring this content to their regular TVs.

The bare hardware is not illegal and neither is media player software such as Kodi. When these devices are loaded with copyright-infringing addons, however, they turn into an unprecedented piracy threat.

It becomes even more problematic when the sellers of these devices market their products as pirate tools. This is exactly what TickBox TV does, according to Hollywood’s major movie studios, Netflix, and Amazon.

TickBox is a Georgia-based provider of set-top boxes that allow users to stream a variety of popular media. The company’s devices use the Kodi media player and come with instructions on how to add various add-ons.

In a complaint filed in a California federal court yesterday, Universal, Columbia Pictures, Disney, 20th Century Fox, Paramount Pictures, Warner Bros, Amazon, and Netflix accuse Tickbox of inducing and contributing to copyright infringement.

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

While the device itself does not host any infringing content, users are informed where they can find it.

The movie and TV studios stress that Tickbox’s marketing highlights its infringing uses with statements such as “if you’re tired of wasting money with online streaming services like Netflix, Hulu or Amazon Prime.”

Sick of paying high monthly fees?

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

The complaint explains in detail how TickBox works. When users first boot up their device they are prompted to download the “TickBox TV Player” software. This comes with an instruction video guiding people to infringing streams.

“The TickBox TV instructional video urges the customer to use the ‘Select Your Theme’ button on the start-up menu for downloading addons. The ‘Themes’ are curated collections of popular addons that link to unauthorized streams of motion pictures and television shows.”

“Some of the most popular addons currently distributed — which are available through TickBox TV — are titled ‘Elysium,’ ‘Bob,’ and ‘Covenant’,” the complaint adds, showing screenshots of the interface.

Covenant

The movie and TV studios, which are the founding members of the recently launched ACE anti-piracy initiative, want TickBox to stop selling their devices. In addition, they demand compensation for the damages they’ve suffered. Requesting the maximum statutory damages of $150,000 per copyright infringement, this can run into the millions.

The involvement of Amazon, albeit the content division, is notable since the online store itself sells dozens of similar streaming devices, some of which even list “infringing” addons.

The TickBox lawsuit is the first case in the United States where a group of major Hollywood players is targeting a streaming device. Earlier this year various Hollywood insiders voiced concerns about the piracy streaming epidemic and if this case goes their way, it probably won’t be the last.

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

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

Epic Sues ‘Fortnite’ Cheaters For Copyright Infringement

Post Syndicated from Ernesto original https://torrentfreak.com/epic-sues-fortnite-cheaters-for-copyright-infringement-171012/

Founded in 1991, Epic has developed and published computer games for over a quarter century.

The North Carolina company is known for titles such as Unreal, Gears of War, Infinity Blade, and most recently, the popular co-op survival and building action game Fortnite.

A few weeks ago, Fortnite released the free-to-play “Battle Royale” game mode for the PC and other platforms, generating massive interest from gamers. Unfortunately, this also included thousands of cheaters, many whom have been banned since.

Last week, Epic stressed that addressing Fortnite cheaters is the company’s highest priority, hinting that they wouldn’t stop at banning users.

“We are constantly working against both the cheaters themselves and the cheat providers. And it’s ongoing, we’re exploring every measure to ensure these cheaters are removed and stay removed from Fortnite Battle Royale and the Epic ecosystem,” the company wrote.

It turns out that this wasn’t an idle threat. TorrentFreak has obtained two complaints that were filed in a North Carolina federal court this week, which show that Epic is launching a legal battle against two prolific cheaters.

The two alleged cheaters are identified as Mr. Broom and Mr. Vraspir. Both are accused of violating Fortnite’s terms of service and EULA by cheating. This involves modifying and changing the game’s code, committing copyright infringement in the process.

“The software that Defendant uses to cheat infringes Epic’s copyrights in the game and breaches the terms of the agreements to which Defendant agreed in order to have access to the game,” the company notes.

From the complaints

The two complaints are largely the same and both defendants are accused of ruining the fun for others.

“Nobody likes a cheater. And nobody likes playing with cheaters. These axioms are particularly true in this case. Defendant uses cheats in a deliberate attempt to destroy the integrity of, and otherwise wreak havoc in, the Fortnite game.

“As Defendant intends, this often ruins the game for the other players, and for the many people who watch ‘streamers’,” the complaint adds.

Both defendants are connected to the cheat provider AddictedCheats.net, either as moderators or support personnel. They specifically target streamers and boast about their accomplishments, making comments such as ‘LOL I f*cked them’ after killing them.

According to Epic’s complaint, Vraspir was banned at least nine times but registered new accounts to continue his cheating. He also stands accused of having written code for the cheats.

Broom was banned once and previously stated that he’s also working on his own cheat. He publicly stated that he aims to create “unwanted chaos and disorder” in Fortnite and said the game was the highest priority of the cheat provider.

With the two lawsuits, the game publisher hopes to put an end to the cheating.

Both defendants face $150,000 in statutory damages for copyright infringement. The complaint further lists breach of contract and circumvention of technological measures as additional claims.

While taking out two cheaters is just a drop in the ocean, Epic is sending a stark warning to people who don’t play by the rules.

Fortnite

Here are copies of the full complaints against Vraspir and Broom.

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

Kim Dotcom Plots Hollywood Execs’ Downfall in Wake of Weinstein Scandal

Post Syndicated from Andy original https://torrentfreak.com/kim-dotcom-plots-hollywood-execs-downfall-in-wake-of-weinstein-scandal-171011/

It has been nothing short of a disastrous week for movie mogul Harvey Weinstein.

Accused of sexual abuse and harassment by a string of actresses, the latest including Angelina Jolie and Gwyneth Paltrow, the 65-year-old is having his life taken apart.

This week, the influential producer was fired by his own The Weinstein Company, which is now seeking to change its name. And yesterday, following allegations of rape made in The New Yorker magazine, his wife, designer Georgina Chapman, announced she was leaving the Miramax co-founder.

“My heart breaks for all the women who have suffered tremendous pain because of these unforgivable actions,” the 41-year-old told People magazine.

As the scandal continues and more victims come forward, there are signs of a general emboldening of women in Hollywood, some of whom are publicly speaking out about their own experiences. If that continues to gain momentum – and the opportunity is certainly there – one man with his own experiences of Hollywood’s wrath wants to play a prominent role.

“Just the beginning. Sexual abuse and slavery by the Hollywood elites is as common as dirt. Tsunami,” Kim Dotcom wrote on Twitter.

Dotcom initially suggested that via a website, victims of Hollywood abuse could share their stories anonymously, shining light on a topic that is often shrouded in fear and secrecy. But soon the idea was growing legs.

“Looking for a Los Angeles law firm willing to represent hundreds of sexual abuse victims of Hollywood elites, pro-bono. I’ll find funding,” he said.

Within hours, Dotcom announced that he’d found lawyers in the US who are willing to help victims, for free.

“I had talks with Hollywood lawyers. Found a big law firm willing to represent sexual abuse victims, for free. Next, the website,” he teased.

It’s not hard to see why Dotcom is making this battle his own. Aside from any empathy he feels towards victims on a personal level, he sees his family as kindred spirits, people who have also felt the wrath of Hollywood executives.

That being said, the Megaupload founder is extremely clear that framing this as revenge or a personal vendetta would be not only wrong, but also disrespectful to the victims of abuse.

“I want to help victims because I’m a victim,” he told TorrentFreak.

“I’m an abuse victim of Hollywood, not sexual abuse, but certainly abuse of power. It’s time to shine some light on those Hollywood elites who think they are above the law and untouchable.”

Dotcom told NZ Herald that people like Harvey Weinstein rub shoulders with the great and the good, hoping to influence decision-makers for their own personal gain. It’s something Dotcom, his family, and his colleagues have felt the effects of.

“They dine with presidents, donate millions to powerful politicians and buy favors like tax breaks and new copyright legislation, even the Megaupload raid. They think they can destroy lives and businesses with impunity. They think they can get away with anything. But they can’t. We’ll teach them,” he warned.

The Megaupload founder says he has both “the motive and the resources” to help victims and he’s promising to do that with proven skills. Ironically, many of these have been honed as a direct result of Hollywood’s attack on Megaupload and Dotcom’s relentless drive to bounce back with new sites like Mega and his latest K.im / Bitcache project.

“I’m an experienced fundraiser. A high traffic crowdfunding campaign for this cause can raise millions. The costs won’t be an issue,” Dotcom informs TF. “There seems to be an appetite for these cases because defendants usually settle quickly. I have calls with LA firms today and tomorrow.

“Just the beginning. Watch me,” he concludes.

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

Hitman’s Bodyguard Pirates Get Automated $300 Fine

Post Syndicated from Ernesto original https://torrentfreak.com/hitmans-bodyguard-pirates-get-automated-300-fine-171007/

Late August a ‘piracy disaster‘ struck the makers of The Hitman’s Bodyguard, an action comedy movie featuring Hollywood stars Samuel L. Jackson and Ryan Reynolds.

The film was leading the box office charts when, eight days after its theatrical release, a high definition copy hit various pirate sites.

While it’s hard to predict whether the leak substantially impacted the movie’s revenue, the people behind the film are determined to claim damages. They hired the services of “Rights Enforcement,” an outfit which tracks down BitTorrent pirates.

Rights Enforcement sends automated ‘fines’ via DMCA notices, which is cheaper than expensive lawsuits. At the same time, this also makes the settlement process easier to scale, as they can send out tens of thousands of ‘fines’ at once with limited resources, without any oversight from a court.

TorrentFreak has seen several notices targeted at The Hitman’s Bodyguard pirates. While the notices themselves don’t list the settlement fee, recipients are referred to a page that does. Those who admit guilt are asked to pay a $300 settlement fee.

“We have evidence that someone using your Internet service has placed a media file that contains the protected content for our client’s motion picture in a shared folder location and is enabling others to download copies of this content,” the notices warn.

Part of the DMCA notice

The text, which is forwarded by several ISPs, is cleverly worded. The account holders in question are notified that if the issue isn’t resolved, they may face a lawsuit.

“You may consider this a notice of potential lawsuit, a demand for the infringing activity to terminate, and a demand for damages from the actual infringer. We invite your voluntary cooperation in assisting us with this matter, identifying the infringer, and ensuring that this activity stops. Should the infringing activity continue we may file a civil lawsuit seeking judicial relief.”

The email points users to the settlement portal where they can review the claim and a possible solution. In this case, “resolving” the matter will set account holders back a hefty $300.



People are free to ignore the claim, of course, but Rights Enforcement warns that if the infringements continue they might eventually be sued.

“If you do not settle the claim and you continue to infringe then odds are you will eventually be sued and face substantial civil liability. So first thing is to stop the activity and make sure you are not involved with infringing activity in the future.”

The notice also kindly mentions that the recipients can contact an attorney for legal advice. However, after an hour or two a legal bill will have exceeded the proposed settlement amount, so for many this isn’t really an option.

It’s quite a clever scheme. Although most people probably won’t be sued for ignoring a notice, there’s always the possibility that they will. Especially since Rights Enforcement is linked to some of the most prolific copyright trolls.

The company, which emerged earlier this year, is operated by lawyer Carl Crowell who is known for his work with movie studios such as Voltage Pictures. In the past, he filed lawsuits for several films such as Dallas Buyers Club and The Hurt Locker.

When faced with a threat of an expensive lawsuit, even innocent subscribers may be inclined to pay the settlement. They should be warned, however, once the first payment is made, many similar requests may follow.

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

Porn Copyright Trolls Terrify 60-Year-Old But Age Shouldn’t Matter

Post Syndicated from Andy original https://torrentfreak.com/porn-copyright-trolls-terrify-60-year-old-but-age-shouldnt-matter-171002/

Of all the anti-piracy tactics deployed over the years, the one that has proven most controversial is so-called copyright-trolling.

The idea is that rather than take content down, copyright holders make use of its online availability to watch people who are sharing that material while gathering their IP addresses.

From there it’s possible to file a lawsuit to obtain that person’s identity but these days they’re more likely to short-cut the system, by asking ISPs to forward notices with cash settlement demands attached.

When subscribers receive these demands, many feel compelled to pay. However, copyright trolls are cunning beasts, and while they initially ask for payment for a single download, they very often have several other claims up their sleeves. Once people have paid one, others come out of the woodwork.

That’s what appears to have happened to a 60-year-old Canadian woman called ‘Debra’. In an email sent via her ISP, she was contacted by local anti-piracy outfit Canipre, who accused her of downloading and sharing porn. With threats that she could be ‘fined’ up to CAD$20,000 for her alleged actions, she paid the company $257.40, despite claiming her innocence.

Of course, at this point the company knew her name and address and this week the company contacted her again, accusing her of another five illegal porn downloads alongside demands for more cash.

“I’m not sleeping,” Debra told CBC. “I have depression already and this is sending me over the edge.”

If the public weren’t so fatigued by this kind of story, people in Debra’s position might get more attention and more help, but they don’t. To be absolutely brutal, the only reason why this story is getting press is due to a few factors.

Firstly, we’re talking here about a woman accused of downloading porn. While far from impossible, it’s at least statistically less likely than if it was a man. Two, Debra is 60-years-old. That doesn’t preclude her from being Internet savvy but it does tip the odds in her favor somewhat. Thirdly, Debra suffers from depression and claims she didn’t carry out those downloads.

On the balance of probabilities, on which these cases live or die, she sounds believable. Had she been a 20-year-old man, however, few people would believe ‘him’ and this is exactly the environment companies like Canipre, Rightscorp, and similar companies bank on.

Debra says she won’t pay the additional fines but Canipre is adamant that someone in her house pirated the porn, despite her husband not being savvy enough to download. The important part here is that Debra says she did not commit an offense and with all the technology in the world, Canpire cannot prove that she did.

“How long is this going to terrorize me?” Debra says. “I’m a good Canadian citizen.”

But Debra isn’t on her own and she’s positively spritely compared to Christine McMillan, who last year at the age of 86-years-old was accused of illegally downloading zombie game Metro 2033. Again, those accusations came from Canipre and while the case eventually went quiet, you can safely bet the company backed off.

So who is to blame for situations like Debra’s and Christine’s? It’s a difficult question.

Clearly, copyright holders feel they’re within their rights to try and claw back compensation for their perceived losses but they already have a legal system available to them, if they want to use it. Instead, however, in Canada they’re abusing the so-called notice-and-notice system, which requires ISPs to forward infringement notices from copyright holders to subscribers.

The government knows there is a problem. Law professor Michael Geist previously obtained a government report, which expresses concern over the practice. Its summary is shown below.

Advice summary

While the notice-and-notice regime requires ISPs to forward educational copyright infringement notices, most ISPs complain that companies like Canipre add on cash settlement demands.

“Internet intermediaries complain…that the current legislative framework does not expressly prohibit this practice and that they feel compelled to forward on such notices to their subscribers when they receive them from copyright holders,” recent advice to the Minister of Innovation, Science and Economic Development reads.

That being said, there’s nothing stopping ISPs from passing on the educational notices as required by law but insisting that all demands for cash payments are removed. It’s a position that could even get support from the government, if enough pressure was applied.

“The sending of such notices could lead to abuses, given that consumers may be pressured into making payments even in situations where they have not engaged in any acts that violate copyright laws,” government advice notes.

Given the growing problem, it appears that ISPs have the power here so maybe it’s time they protected their customers. In the meantime, consumers have responsibilities too, not only by refraining from infringing copyright, but by becoming informed of their rights.

“[T]here is no legal obligation to pay any settlement offered by a copyright owner, and the regime does not impose any obligations on a subscriber who receives a notice, including no obligation to contact the copyright owner or the Internet intermediary,” government advice notes.

Hopefully, in future, people won’t have to be old or ill to receive sympathy for being wrongly accused and threatened in their own homes. But until then, people should pressure their ISPs to do more while staying informed.

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

Judge Recommends ISP and Search Engine Blocking of Sci-Hub in the US

Post Syndicated from Ernesto original https://torrentfreak.com/judge-recommends-isp-search-engine-blocking-sci-hub-us-171003/

Earlier this year the American Chemical Society (ACS), a leading source of academic publications in the field of chemistry, filed a lawsuit against Sci-Hub and its operator Alexandra Elbakyan.

The non-profit organization publishes tens of thousands of articles a year in its peer-reviewed journals. Because many of these are available for free on Sci-Hub, ACS wants to be compensated.

Sci-Hub was made aware of the legal proceedings but did not appear in court. As a result, a default was entered against the site. In addition to millions of dollars in damages, ACS also requested third-party Internet intermediaries to take action against the site.

While the request is rather unprecedented for the US, as it includes search engine and ISP blocking, Magistrate Judge John Anderson has included these measures in his recommendations.

Judge Anderson agrees that Sci-Hub is guilty of copyright and trademark infringement. In addition to $4,800,000 in statutory damages, he recommends a broad injunction that would require search engines, ISPs, domain registrars and other services to block Sci-Hub’s domain names.

“… the undersigned recommends that it be ordered that any person or entity in privity with Sci-Hub and with notice of the injunction, including any Internet search engines, web hosting and Internet service providers, domain name registrars, and domain name registries, cease facilitating access to any or all domain names and websites through which Sci-Hub engages in unlawful access to, use, reproduction, and distribution of ACS’s trademarks or copyrighted works.”

The recommendation

In addition to the above, domain registries and registrars will also be required to suspend Sci-Hub’s domain names. This also happened previously in a different lawsuit, but Sci-Hub swiftly moved to a new domain at the time.

“Finally, the undersigned recommends that it be ordered that the domain name registries and/or registrars for Sci-Hub’s domain names and websites, or their technical administrators, shall place the domain names on registryHold/serverHold or such other status to render the names/sites non-resolving,” the recommendation adds.”

If the U.S. District Court Judge adopts this recommendation, it would mean that Internet providers such as Comcast could be ordered to block users from accessing Sci-Hub. That’s a big deal since pirate site blockades are not common in the United States.

This would likely trigger a response from affected Internet services, who generally want to avoid being dragged into these cases. They would certainly don’t want such far-reaching measure to be introduced through a default order.

Sci-Hub itself doesn’t seem to be too bothered by the blocking prospect or the millions in damages it faces. The site has a Tor version which can’t be blocked by Internet providers, so determined scientists will still be able to access the site if they want.

Magistrate Judge John Anderson’s full findings of fact and recommendations are available here (pdf).

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

EFF Warns Against Abusive Lawsuits Targeting Kodi Add-on Repository

Post Syndicated from Ernesto original https://torrentfreak.com/eff-warns-against-abusive-lawsuits-targeting-kodi-add-on-repository-171002/

The popular Kodi add-on repository TVAddons was dragged into two seperate lawsuits in recent months, in both Canada and the United States.

TV broadcasters such as Bell, Rogers, and Dish accuse the platform of inducing or contributing to copyright infringement by making ‘pirate’ add-ons to the public.

TVAddons itself has always maintained its innocence. A site representative recently told us that they rely on the safe harbor protection laws, available both in the US and Canada, which they believed would shield them from copyright infringement liability for merely distributing add-ons.

“TV ADDONS is not a piracy site, it’s a platform for developers of open source add-ons for the Kodi media center. As a community platform filled with user-generated content, we have always acted in accordance with the law and swiftly complied whenever we received a DMCA takedown notice.”

While both cases are still in an early stage, TVAddons is receiving support from Electronic Frontier Foundation (EFF), who warn against abusive lawsuits targeting neutral add-on distributors.

According to the digital rights group, holding platforms such as TVAddons liable for infringement users may commit after they download an add-on from the site goes too far.

“The lawsuit against TVAddons seeks to skirt that important [safe harbor] protection by arguing that by merely hosting, distributing and promoting Kodi add-ons, the TVAddons administrator is liable for inducing or authorizing copyright infringements later committed using those add-ons.

“This argument, were it to succeed, would create new uncertainty and risk for distributors of any software that could be used to engage in copyright infringement,” EFF adds.

The US case, started by Dish Networks, tries to expand copyright liability according to EFF. This lawsuit also targets the developers of the Zem TV add-on. While the latter may have crossed a line, TVAddons should be protected by the DMCA’s safe harbor when they merely host third-party content.

“Vicarious copyright liability requires that the defendant have the ‘right and ability to supervise’ the conduct of the direct infringer, and benefit financially. Dish claims only that the TVAddons site made ZemTV ‘available for download.’ That’s not enough to show an ability to supervise,” EFF notes.

The complaint in question goes a bit further than the “download” argument alone though. It also accuses TVAddons’ operator of having induced and encouraged Zem TV’s developer to retransmit popular television programs, which is of a different order.

However, EFF informs TorrentFreak that this allegation is not specific enough for a complaint to survive a motion to dismiss. If TVAddons’ operator indeed took some purposeful, knowing action to induce copyright infringement, it should be spelled out, they say.

According to the digital rights group, the goal of the current cases is to expand the borders of copyright infringement liability, calling on copyright holders to stop such abusive lawsuits.

“These lawsuits by big TV incumbents seem to have a few goals: to expand the scope of secondary copyright infringement yet again, to force major Kodi add-on distributors off of the Internet, and to smear and discourage open source, freely configurable media players by focusing on the few bad actors in that ecosystem.

“The courts should reject these expansions of copyright liability, and TV networks should not target neutral platforms and technologies for abusive lawsuits,” EFF concludes.

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

20th Century Fox is Looking for Anti-Piracy Interns

Post Syndicated from Ernesto original https://torrentfreak.com/20th-century-fox-is-looking-for-anti-piracy-interns-170930/

Piracy remains one of the key threats for most Hollywood movie studios.

Most companies have entire departments dedicated to spotting infringing content, understanding the changing landscape, and figuring out how to respond.

20th Century Fox, for example, has its own Content Protection group, headed by Ron Wheeler. The group keeps an eye on emerging piracy threats and is currently looking for fresh blood.

The company has listed two new internships. The first is for a Graduate JD Law Student, who will be tasked with analyzing fair use cases and finding new targets for lawsuits, among other things.

“Interns will participate in the monitoring of and enforcement against such piracy, including conducting detailed copyright infringement and fair use analyses; identifying and researching litigation targets, and searching the internet for infringing copies of Fox content.”

Fox notes that basic knowledge of the principles of Copyright Law is a plus, but apparently not required. Students who take this internship will learn how film and television piracy affects the media industry and consumers, preparing them for future work in this field.

“This is a great opportunity for students interested in pursuing practice in the fields of Intellectual Property, Entertainment, or Media Law,” the job application explains.

A second anti-piracy internship that was posted recently is a search and analytics position. This includes organizing online copyright infringement intelligence and compiling this in analytical piracy reports for Fox executives.

Undergraduate – Research & Analytics

The research job posting shows that Fox keeps an eye on a wide range of piracy avenues including search engines, forums, eBay and pirate sites.

“Anti-Piracy Internet Investigations and Analysis including, but not limited to, internet research, forum site investigation, eBay searches, video forensics analysis review, database entry, general internet searches for Fox video content, review and summarize pirate websites, piracy trend analysis, and more.”

Those who complete the internship will have a thorough understanding of how widespread piracy issues are. It will provide insight into how this affects the movie industry and consumers alike, Fox explains.

While the average torrenter and streaming pirate might not be very eager to work for ‘the other side,’ these internships are ideal positions for students who have aspirations of working in the anti-piracy field. If any TorrentFreak readers plan to apply and get the job, we’ll be eager to hear what you’ve learned in a few months.

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

EFF: The War on General-Purpose Computing Turns on the Streaming Media Box Community

Post Syndicated from corbet original https://lwn.net/Articles/735166/rss

The EFF highlights
a number of attacks
against distributors of add-ons for the Kodi streaming media system.
These lawsuits by big TV incumbents seem to have a few goals: to
expand the scope of secondary copyright infringement yet again, to force
major Kodi add-on distributors off of the Internet, and to smear and
discourage open source, freely configurable media players by focusing on
the few bad actors in that ecosystem. The courts should reject these
expansions of copyright liability, and TV networks should not target
neutral platforms and technologies for abusive lawsuits.

‘Daily Stormer’ Termination Haunts Cloudflare in Online Piracy Case

Post Syndicated from Ernesto original https://torrentfreak.com/daily-stormer-termination-haunts-cloudflare-in-online-piracy-case-170929/

Last month Cloudflare CEO Matthew Prince decided to terminate the account of controversial neo-Nazi site Daily Stormer.

“I woke up this morning in a bad mood and decided to kick them off the Internet,” he announced.

While the decision is understandable from an emotional point of view, it’s quite a statement to make as the CEO of one of the largest Internet infrastructure companies. Not least because it goes directly against what many saw as Cloudflare’s core values.

For years on end, Cloudflare has been asked to remove terrorist propaganda, pirate sites, and other controversial content. Each time, Cloudflare replied that it doesn’t take action without a court order. No exceptions.

In addition, Cloudflare repeatedly stressed that it was impossible for them to remove a website from the Internet, at least not permanently. It would only require a simple DNS reconfiguration to get it back up and running.

While the Daily Stormer case has nothing to do with piracy or copyright infringement, it’s now being brought up as important evidence in an ongoing piracy liability case. Adult entertainment publisher ALS Scan views Prince as a “key witness” in the case and wants to depose Cloudflare’s CEO to find out more about his decision.

“Mr. Prince’s statement to the public that Cloudflare kicked neo-Nazis off the internet stand in sharp contrast to Cloudflare’s testimony in this case, where it claims it is powerless to remove content from the Internet,” ALS Scan writes.

The above is part of a recent submission where both parties argue over whether Prince can be deposed or not. Cloudflare wants to prevent this from happening and claims it’s unnecessary, but the adult publisher disagrees.

“By his own admissions, Mr. Prince’s decision to terminate certain users’ accounts was ‘arbitrary,’ the result of him waking up ‘in a bad mood,’ and a decision he made unilaterally as ‘CEO of a major Internet infrastructure corporation’.

“Mr. Prince has made it clear that he is the one who determines the circumstances under which Cloudflare will terminate a user’s account,” ALS Scan adds.

For its part, Cloudflare says that the CEO’s deposition is not needed. This is backed up by a declaration where Prince emphasizes that he has no unique knowledge on the company’s DMCA and repeat infringer policies, issues that directly relate to the case at hand.

“I have no unique personal knowledge regarding Cloudflare’s DMCA policy and procedure, including its repeat infringer policies, or Cloudflare’s published Terms of Service,” Prince informs the court

Prince’s declaration

The adult publisher, however, harps on the fact that the CEO arbitrarily decided to remove one site from the service, while requiring court orders in other instances. They quote from a Wall Street Journal (WSJ) article he wrote and highlight the ‘kick off the internet’ claim, which contradicts earlier statements.

Cloudflare’s lawyers contend that the WSJ article in question was meant to kick off a conversation and shouldn’t be taken literally.

“The WSJ Article was intended as an intellectual exercise to start a conversation regarding censorship and free speech on the internet. The WSJ Article had nothing to do with copyright infringement issues or Cloudflare’s DMCA policy and procedure.

“When Mr. Prince stated in the WSJ Article that ‘[he] helped kick a group of neo-Nazis off the internet last week,’ his comments were intended to illustrate a point – not to be taken literally,” Cloudflare’s legal team adds.

The deposition of Trey Guinn, a technical employee at Cloudflare, confirms that the company doesn’t have the power to cut a site off the Internet. It further suggests that the entire removal of Daily Stormer was in essence a provocation to start a conversation around freedom of speech.

From Guinn’s deposition

Still, since the lawsuit in question revolves around terminating customers, ALS Scan wants to depose Price to find out exactly when clients are terminated, and why he decided to go beyond Couldflare’s usual policy.

“No other employee can testify to Mr. Prince’s decision-making process when it comes to terminating a user’s access. No other employee can offer an explanation as to why The Daily Stormer’s account was terminated while repeat infringers’ accounts are allowed to remain.

“In a case where Mr. Prince’s personal judgment appears to govern even over Cloudflare’s own policies and procedures, Cloudflare cannot meet its heavy burden of demonstrating why he should not be deposed,” ALS Scan’s lawyers add.

To be continued.

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

Football Coach Retweets, Gets Sued for Copyright Infringement

Post Syndicated from Andy original https://torrentfreak.com/football-coach-retweets-gets-sued-for-copyright-infringement-170928/

When copyright infringement lawsuits hit the US courts, there’s often a serious case at hand. Whether that’s the sharing of a leaked movie online or indeed the mass infringement that allegedly took place on Megaupload, there’s usually something quite meaty to discuss.

A lawsuit filed this week in a Pennsylvania federal court certainly provides the later, but without managing to be much more than a fairly trivial matter in the first instance.

The case was filed by sports psychologist and author Dr. Keith Bell. It begins by describing Bell as an “internationally recognized performance consultant” who has worked with 500 teams, including the Olympic and national teams for the United States, Canada, Australia, New Zealand, Hong Kong, Fiji, and the Cayman Islands.

Bell is further described as a successful speaker, athlete and coach; “A four-time
collegiate All-American swimmer, a holder of numerous world and national masters swim records, and has coached several collegiate, high school, and private swim teams to competitive success.”

At the heart of the lawsuit is a book that Bell published in 1982, entitled Winning Isn’t Normal.

“The book has enjoyed substantial acclaim, distribution and publicity. Dr. Bell is the sole author of this work, and continues to own all rights in the work,” the lawsuit (pdf) reads.

Bell claims that on or about November 6, 2015, King’s College head football coach Jeffery Knarr retweeted a tweet that was initially posted from @NSUBaseball32, a Twitter account operated by Northeastern State University’s RiverHawks baseball team. The retweet, as shown in the lawsuit, can be seen below.

The retweet that sparked the lawsuit

“The post was made without authorization from Dr. Bell and without attribution
to Dr. Bell,” the lawsuit reads.

“Neither Defendant King’s College nor Defendant Jeffery Knarr contacted Dr.
Bell to request permission to use Dr. Bell’s copyrighted work. As of November 14, 2015, the post had received 206 ‘Retweets’ and 189 ‘Likes.’ Due to the globally accessible nature of Twitter, the post was accessible by Internet users across the world.”

Bell says he sent a cease and desist letter to NSU in September 2016 and shortly thereafter NSU removed the post, which removed the retweets. However, this meant that Knarr’s retweet had been online for “at least” 10 months and 21 days.

To put the icing on the cake, Bell also holds the trademark to the phrase “Winning Isn’t Normal”, so he’s suing Knarr and his King’s College employer for trademark infringement too.

“The Defendants included Plaintiff’s trademark twice in the Twitter post. The first instance was as the title of the post, with the mark shown in letters which
were emphasized by being capitalized, bold, and underlined,” the lawsuit notes.

“The second instance was at the end of the post, with the mark shown in letters which were emphasized by being capitalized, bold, underlined, and followed by three
exclamation points.”

Describing what appears to be a casual retweet as “willful, intentional and purposeful” infringement carried out “in disregard of and with indifference to Plaintiff’s rights,” Bell demands damages and attorneys fees from Knarr and his employer.

“As a direct and proximate result of said infringement by Defendants, Plaintiff is
entitled to damages in an amount to be proven at trial,” the lawsuit concludes.

Since the page from the book retweeted by Knarr is a small portion of the overall work, there may be a fair use defense. Nevertheless, defending this kind of suit is never cheap, so it’s probably fair to say there will already be a considerable amount of regret among the defendants at ever having set eyes on Bell’s 35-year-old book.

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

US Court Orders Dozens of “Pirate” Site Domain Seizures

Post Syndicated from Ernesto original https://torrentfreak.com/us-court-orders-dozens-of-pirate-site-domain-seizures-170927/

ABS-CBN, the largest media and entertainment company in the Philippines, has delivered another strike to pirate sites in the United States.

Last week a federal court in Florida signed a default judgment against 43 websites that offered copyright-infringing streams of ABS-CBN owned movies, including Star Cinema titles.

The order was signed exactly one day after the complaint was filed, in what appears to be a streamlined process.

The media company accused the websites of trademark and copyright infringement by making free streams of its content available without permission. It then asked the court for assistance to shut these sites down as soon as possible.

“Defendants’ websites operating under the Subject Domain Names are classic examples of pirate operations, having no regard whatsoever for the rights of ABS-CBN and willfully infringing ABS-CBN’s intellectual property.

“As a result, ABS-CBN requires this Court’s intervention if any meaningful stop is to be put to Defendants’ piracy,” ABS-CBN wrote.

Instead of a lengthy legal process that can take years to complete, ABS-CBN went for an “ex-parte” request for domain seizures, which means that the websites in question are not notified or involved in the process before the order is issued.

After reviewing the proposed injunction, US District Judge Beth Bloom signed off on it. This means that all the associated registrars must hand over the domain names in question.

“The domain name registrars for the Subject Domain Names shall immediately assist in changing the registrar of record for the Subject Domain Names, to a holding account with a registrar of Plaintiffs’ choosing..,” the order (pdf) reads.

In the days that followed, several streaming-site domains were indeed taken over. Movieonline.io, 1movies.tv, 123movieshd.us, 4k-movie.us, icefilms.ws and others are now linking to a notice page with information about the lawsuit instead.

The notice

Gomovies.es, which is also included, has not been transferred yet, but the operator appears to be aware of the lawsuit as the site now redirects to Gomovies.vg. Other domains, such as Onlinefullmovie.me, Putlockerm.live and Newasiantv.io remain online as well.

While the targeted sites together are good for thousands of daily visitors, they’re certainly not the biggest fish.

That said, the most significant thing about the case is not that these domain names have been taken offline. What stands out is the ability of an ex-parte request from a copyright holder to easily take out dozens of sites in one swoop.

Given ABS-CBN’s legal track record, this is likely not the last effort of this kind. The question now is if others will follow suit.

The full list of targeted domain is as follows.

1 movieonline.io
2 1movies.tv
3 gomovies.es
4 123movieshd.us
5 4k-movie.us
6 desitvflix.net
7 globalpinoymovies.com
8 icefilms.ws
9 jhonagemini.com
10 lambinganph.info
11 mrkdrama.com
12 newasiantv.me
13 onlinefullmovie.me
14 pariwiki.net
15 pinoychannel.live
16 pinoychannel.mobi
17 pinoyfullmovies.net
18 pinoyhdtorrent.com
19 pinoylibangandito.pw
20 pinoymoviepedia.ch
21 pinoysharetv.com
22 pinoytambayanhd.com
23 pinoyteleseryerewind.info
24 philnewsnetwork.com
25 pinoytvrewind.info
26 pinoytzater.com
27 subenglike.com
28 tambayantv.org
29 teleseryi.com
30 thepinoy1tv.com
31 thepinoychannel.com
32 tvbwiki.com
33 tvnaa.com
34 urpinoytv.com
35 vikiteleserye.com
36 viralsocialnetwork.com
37 watchpinoymoviesonline.com
38 pinoysteleserye.xyz
39 pinoytambayan.world
40 lambingan.lol
41 123movies.film
42 putlockerm.live
43 yonip.zone
43 yonipzone.rocks

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

TVAddons and ZemTV Operators Named in US Lawsuit

Post Syndicated from Ernesto original https://torrentfreak.com/tvaddons-and-zemtv-operators-named-in-us-lawsuit-170926/

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

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

Initially, the true identities of the defendants unknown and listed as John Does, but an amended complaint that was submitted yesterday reveal their alleged names and hometowns.

The Texas court previously granted subpoenas which allowed Dish to request information from the defendants’ accounts on services including Amazon, Github, Google, Twitter, Facebook and PayPal, which likely helped with the identification.

According to Dish ZemTV was developed by Shahjahan Durrani, who’s based in London, UK. He allegedly controlled and maintained the addon which was used to stream infringing broadcasts of Dish content.

“Durrani developed the ZemTV add-on and managed and operated the ZemTV service. Durrani used the aliases ‘Shani’ and ‘Shani_08′ to communicate with users of the ZemTV service,” the complaint reads.

The owner and operator of TVAddons is listed as Adam Lackman, who resides in Montreal, Canada. This doesn’t really come as a surprise, since Lackman is publicly listed as TVAddons’ owner on Linkedin and was previously named in a Canadian lawsuit.

While both defendants are named, the allegations against them haven’t changed substantially. Both face copyright infringement charges and potentially risk millions of dollars in damages.

Durrani directly infringed Dish’s copyrights by making the streams available, the plaintiffs note. Lackman subsequently profited from this and failed to take any action in response.

“Lackman had the legal right and actual ability to supervise and control this infringing activity because Lackman made the ZemTV add-on, which is necessary to access the ZemTV service, available for download on his websites.

“Lackman refused to take any action to stop the infringement of DISH’s exclusive rights in the programs transmitted through the ZemTV service,” the complaint adds.

TorrentFreak spoke to a TVAddons representative who refutes the copyright infringement allegations. The website sees itself as a platform for user-generated content and cites the DMCA’s safe harbor as a defense.

“TV ADDONS is not a piracy site, it’s a platform for developers of open source add-ons for the Kodi media center. As a community platform filled with user-generated content, we have always acted in accordance with the law and swiftly complied whenever we received a DMCA takedown notice.”

The representative states that it will be very difficult for them to defend themselves against a billion dollar company with unlimited resources, but hopes that the site will prevail.

The new TVAddons

After the original TVAddons.ag domain was seized in the Canadian lawsuit the site returned on TVaddons.co. However, hundreds of allegedly infringing add-ons are no longer listed.

The site previously relied on the DMCA to shield it from liability but apparently, that wasn’t enough. As a result, they now check all submitted add-ons carefully.

“Since complying with the law is clearly not enough to prevent frivolous legal action from being taken against you, we have been forced to implement a more drastic code vetting process,” the TVAddons representative says.

If it’s not entirely clear that an add-on is properly licensed, it won’t be submitted for the time being. This hampers innovation, according to TVAddons, and threatens many communities that rely on user-generated content.

“When you visit any given web site, how can you be certain that every piece of media you see is licensed by the website displaying it? You can assume, but it’s very difficult to be certain. That’s why the DMCA is critical to the existence of online communities.”

Now that both defendants have been named the case will move forward. This may eventually lead to an in-depth discovery process where Dish will try to find more proof that both were knowingly engaging in infringing activity.

Durrani and Lackman, on the other hand, will try to prove their innocence.

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

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

Belgium Wants to Blacklist Pirate Sites & Hijack Their Traffic

Post Syndicated from Andy original https://torrentfreak.com/belgium-wants-to-blacklist-pirate-sites-hijack-their-traffic-170924/

The thorny issue of how to deal with the online piracy phenomenon used to be focused on punishing site users. Over time, enforcement action progressed to the services themselves, until they became both too resilient and prevalent to tackle effectively.

In Europe in particular, there’s now a trend of isolating torrent, streaming, and hosting platforms from their users. This is mainly achieved by website blocking carried out by local ISPs following an appropriate court order.

While the UK is perhaps best known for this kind of action, Belgium was one of the early pioneers of the practice.

After filing a lawsuit in 2010, the Belgian Anti-Piracy Foundation (BAF) weathered an early defeat at the Antwerp Commercial Court to achieve success at the Court of Appeal. Since then, local ISPs have been forced to block The Pirate Bay.

Since then there have been several efforts (1,2) to block more sites but rightsholders have complained that the process is too costly, lengthy, and cumbersome. Now the government is stepping in to do something about it.

Local media reports that Deputy Prime Minister Kris Peeters has drafted new proposals to tackle online piracy. In his role as Minister of Economy and Employment, Peeters sees authorities urgently tackling pirate sites with a range of new measures.

For starters, he wants to create a new department, formed within the FPS Economy, to oversee the fight against online infringement. The department would be tasked with detecting pirate sites more quickly and rendering them inaccessible in Belgium, along with any associated mirror sites or proxies.

Peeters wants the new department to add all blocked sites to a national ‘pirate blacklist. Interestingly, when Internet users try to access any of these sites, he wants them to be automatically diverted to legal sites where a fee will have to be paid for content.

While it’s not unusual to try and direct users away from pirate sites, for the most part Internet service providers have been somewhat reluctant to divert subscribers to commercial sites. Their assistance would be needed in this respect, so it will be interesting to see how negotiations pan out.

The Belgian Entertainment Association (BEA), which was formed nine years ago to represent the music, video, software and videogame industries, welcomed Peeters’ plans.

“It’s so important to close the doors to illegal download sites and to actively lead people to legal alternatives,” said chairman Olivier Maeterlinck.

“Surfers should not forget that the motives of illegal download sites are not always obvious. These sites also regularly try to exploit personal data.”

The current narrative that pirate sites are evil places is clearly gaining momentum among anti-piracy bodies, but there’s little sign that the public intends to boycott sites as a result. With that in mind, alternative legal action will still be required.

With that in mind, Peeters wants to streamline the system so that all piracy cases go through a single court, the Commercial Court of Brussels. This should reduce costs versus the existing model and there’s also the potential for more consistent rulings.

“It’s a good idea to have a clearer legal framework on this,” says Maeterlinck from BEA.

“There are plenty of legal platforms, streaming services like Spotify, for example, which are constantly developing and reaching an ever-increasing audience. Those businesses have a business model that ensure that the creators of certain media content are properly compensated. The rotten apples must be tackled, and those procedures should be less time-consuming.”

There’s little doubt that BEA could benefit from a little government assistance. Back in February, the group filed a lawsuit at the French commercial court in Brussels, asking ISPs to block subscriber access to several ‘pirate’ sites.

“Our action aims to block nine of the most popular streaming sites which offer copyright-protected content on a massive scale and without authorization,” Maeterlinck told TF at the time.

“In accordance with the principles established by the CJEU (UPC Telekabel and GS Media), BEA seeks a court order confirming the infringement and imposing site blocking measures on the ISPs, who are content providers as well.”

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

Windstream Gives Up Preemptive Fight Over ISP’s Piracy Liability

Post Syndicated from Ernesto original https://torrentfreak.com/windstream-gives-up-preemptive-fight-over-isps-piracy-liability-170920/

Can an Internet provider be held liable for subscribers who share pirated files? Yes, a Virginia federal jury ruled two years ago.

This verdict caused great uncertainty in the ISP industry, as several companies suddenly realized that they could become the next target.

Internet provider Windstream is among the companies that are worried about the fallout. With 1.1 million subscribers nationwide, it is one of the larger Internet providers in the United States. As such, it receives takedown notices on a regular basis.

Many of these notices come from music rights group BMG, which accused Windstream and its subscribers of various copyright infringements. These notices are issued by the monitoring outfit Rightscorp and often come with a settlement demand for the account holders.

When Windstream refused to forward these notices, as it’s not required to do so by law, BMG and Rightscorp increased the pressure. They threatened that the ISP could be liable for millions of dollars in piracy damages for failing to disconnect repeat infringers.

Faced with this threat, Windstream filed a request for declaratory judgment at a New York District Court last year, requesting a legal ruling on the matter. This preemptive lawsuit didn’t turn out as planned for the ISP.

In April the court ruled that there is no ‘actual controversy’ and that it can’t issue a hypothetical and advisory opinion without concrete facts. As such, the case was dismissed for lack of jurisdiction.

Windstream didn’t throw in the towel right away though and appealed the verdict. The ISP argued that the $150,000 in damages per infringement BMG claimed caused a real controversy.

“BMG’s accusations were not idle threats in light of the undisputed fact that BMG had recently obtained a $25,000,000 recovery against another conduit ISP based on similar claims,” the ISP wrote in a brief last month.

“Thus, the undisputed facts conclusively establish that an actual controversy exists to support Windstream’s request for a declaration that it is not liable for any alleged infringement of BMG’s copyrights.”

Despite Windstream’s initial persistence, something changed in recent weeks. Without any prior signs in the court docket, the company has now asked the Judge to dismiss the case entirely, with both parties paying their own costs.

“Windstream respectfully requests that this Court dismiss in full Windstream’s present appeal with prejudice against BMG and Rightscorp, with each party bearing its own costs in this appeal.”

While there is no mention of a settlement of any kind, BMG and Rightscorp do not oppose the request. This effectively means that the case is over. The same previously happened in a similar lawsuit, where Internet provider RCN demanded a declaratory judgment.

This means that all eyes are once again on the case between BMG and Cox Communications, which got this all started and is currently under appeal.

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

TVAddons: A Law Firm is Not Spying on Our Kodi Users

Post Syndicated from Andy original https://torrentfreak.com/tvaddons-a-law-firm-is-not-spying-on-our-kodi-users-170918/

A few months ago, TVAddons was without doubt the leading repository for third-party Kodi addons.

During March, the platform had 40 million unique users connected to the site’s servers, together transferring a petabyte of addons and updates.

In June, however, things started to fall apart. After news broke that the site was being sued in a federal court in Texas, TVAddons disappeared. It was assumed these events were connected but it later transpired the platform was being used in Canada as well, and that was the true reason for the downtime.

While it’s easy to be wise after the event, in hindsight it might’ve been better for the platform to go public about the Canadian matter quite a bit sooner than it did. Of course, there are always legal considerations that prevent early disclosure, but when popular sites disappear into a black hole, two plus two can quickly equal five when fed through the web’s rumor machine.

Things weren’t helped in July when it was discovered that the site’s former domains had been handed over to a Canada-based law firm. Again, no official explanation was forthcoming and again, people became concerned.

If this had been a plaintiff’s law firm, people would’ve had good reason to worry, since it would have been technically possible to spy on TVAddons’ users. However, as the truth began to filter out and court papers became available, it soon became crystal clear that simply wasn’t the case.

The bottom line, which is backed up by publicly available court papers, is that the law firm holding the old TVAddons domains is not the law firm suing TVAddons. Instead, it was appointed by the court to hold TVAddons’ property until the Canadian lawsuit is brought to a conclusion, whenever that might be.

“They have a legal obligation to protect our property at all cost, and prevent anyone (especially the law firm who is suing is) from gaining access to them,” says TVAddons.

“The law firm who is holding them is doing nothing more than protecting our property until the time that it will finally be returned after the appeal takes place.”

Unfortunately, assurances provided by TVAddons and information published by the court itself hasn’t been enough to stop some people fearing the worst. While the facts have plenty of support on Twitter and Facebook, there also appears to be an element who would like to see TVAddons fail in its efforts to re-establish itself.

Only time will tell who will win that battle but in the meantime, TVAddons has tried to cover all the bases in an update post on its blog.

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

NSA Spied on Early File-Sharing Networks, Including BitTorrent

Post Syndicated from Andy original https://torrentfreak.com/nsa-spied-on-early-file-sharing-networks-including-bittorrent-170914/

In the early 2000s, when peer-to-peer (P2P) file-sharing was in its infancy, the majority of users had no idea that their activities could be monitored by outsiders. The reality was very different, however.

As few as they were, all of the major networks were completely open, with most operating a ‘shared folder’ type system that allowed any network participant to see exactly what another user was sharing. Nevertheless, with little to no oversight, file-sharing at least felt like a somewhat private affair.

As user volumes began to swell, software such as KaZaA (which utilized the FastTrack network) and eDonkey2000 (eD2k network) attracted attention from record labels, who were desperate to stop the unlicensed sharing of copyrighted content. The same held true for the BitTorrent networks that arrived on the scene a couple of years later.

Through the rise of lawsuits against consumers, the general public began to learn that their activities on P2P networks were not secret and they were being watched for some, if not all, of the time by copyright holders. Little did they know, however, that a much bigger player was also keeping a watchful eye.

According to a fascinating document just released by The Intercept as part of the Edward Snowden leaks, the National Security Agency (NSA) showed a keen interest in trying to penetrate early P2P networks.

Initially published by internal NSA news site SIDToday in June 2005, the document lays out the aims of a program called FAVA – File-Sharing Analysis and Vulnerability Assessment.

“One question that naturally arises after identifying file-sharing traffic is whether or not there is anything of intelligence value in this traffic,” the NSA document begins.

“By searching our collection databases, it is clear that many targets are using popular file sharing applications; but if they are merely sharing the latest release of their favorite pop star, this traffic is of dubious value (no offense to Britney Spears intended).”

Indeed, the vast majority of users of these early networks were only been interested in sharing relatively small music files, which were somewhat easy to manage given the bandwidth limitations of the day. However, the NSA still wanted to know what was happening on a broader scale, so that meant decoding their somewhat limited encryption.

“As many of the applications, such as KaZaA for example, encrypt their traffic, we first had to decrypt the traffic before we could begin to parse the messages. We have developed the capability to decrypt and decode both KaZaA and eDonkey traffic to determine which files are being shared, and what queries are being performed,” the NSA document reveals.

Most progress appears to have been made against KaZaA, with the NSA revealing the use of tools to parse out registry entries on users’ hard drives. This information gave up users’ email addresses, country codes, user names, the location of their stored files, plus a list of recent searches.

This gave the NSA the ability to look deeper into user behavior, which revealed some P2P users going beyond searches for basic run-of-the-mill multimedia content.

“[We] have discovered that our targets are using P2P systems to search for and share files which are at the very least somewhat surprising — not simply harmless music and movie files. With more widespread adoption, these tools will allow us to regularly assimilate data which previously had been passed over; giving us a more complete picture of our targets and their activities,” the document adds.

Today, more than 12 years later, with KaZaA long dead and eDonkey barely alive, scanning early pirate activities might seem a distant act. However, there’s little doubt that similar programs remain active today. Even in 2005, the FAVA program had lofty ambitions, targeting other networks and protocols including DirectConnect, Freenet, Gnutella, Gnutella2, JoltID, MSN Messenger, Windows Messenger and……BitTorrent.

“If you have a target using any of these applications or using some other application which might fall into the P2P category, please contact us,” the NSA document urges staff. “We would be more than happy to help.”

Confirming the continued interest in BitTorrent, The Intercept has published a couple of further documents which deal with the protocol directly.

The first details an NSA program called GRIMPLATE, which aimed to study how Department of Defense employees were using BitTorrent and whether that constituted a risk.

The second relates to P2P research carried out by Britain’s GCHQ spy agency. It details DIRTY RAT, a web application which gave the government to “the capability to identify users sharing/downloading files of interest on the eMule (Kademlia) and BitTorrent networks.”

The SIDToday document detailing the FAVA program can be viewed here

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