Tag Archives: linking

Internet Association Blasts MPAA’s ‘Crony Politics’

Post Syndicated from Ernesto original https://torrentfreak.com/internet-association-blasts-mpaas-crony-politics-180516/

Last month, MPAA Chairman and CEO Charles Rivkin used the Facebook privacy debacle to voice his concern about the current state of the Internet.

“The Internet is no longer nascent – and people around the world are growing increasingly uncomfortable with what it’s becoming,” Rivkin wrote in his letter to several Senators, linking Internet-related privacy breaches to regulation, immunities, and safe harbors.

“The moment has come for a national dialogue about restoring accountability on the internet. Whether through regulation, recalibration of safe harbors, or the exercise of greater responsibility by online platforms, something must change.”

While it’s good to see that the head of Hollywood’s main lobbying group is concerned about Facebook users, not everyone is convinced of his good intentions. Some suggest that the MPAA is hijacking the scandal to further its own, unrelated, interests.

This is exactly the position taken by the Internet Association, a US-based organization comprised of the country’s leading Internet-based businesses. The organization is comprised of many prominent members including Google, Twitter, Amazon, Reddit, Yahoo, and Facebook.

Several of these companies were the target of the MPAA’s criticism, named or not, which prompted the Internet Association to respond.

In an open letter to House Energy and Commerce Committee Chairman Greg Walden, the group’s president and CEO, Michael Beckerman, lashes out against the MPAA and similar lobbying groups. These groups hijack the regulatory debate with anti-internet lobbying efforts, he says.

“Look no further than the gratuitous letter Motion Picture Association of America, Inc. Chairman & CEO Charles Rivkin submitted to the Energy and Commerce Committee during your recent Zuckerberg hearing,” Beckerman writes.

“The hearing had nothing to do with the Motion Picture industry, but Mr. Rivkin demonstrated shameless rent-seeking by calling for regulation on internet companies simply in an effort to protect his clients’ business interest.”

These rent-seeking efforts are part of the “crony politics” used by “pre-internet” companies to protect their old business models, the Internet Association’s CEO adds.

“This blatant display of crony politics is not unique to the big Hollywood studios, but rather emblematic of a broader anti-consumer lobbying campaign. Many other pre-internet industries —telcos, legacy tech firms, hotels, and others — are looking to defend old business models by regulating a rising competitor to the clear detriment of consumers.”

These harsh words show that the rift between Silicon Valley and Hollywood is still wide open.

It’s clear that the MPAA and other copyright industry groups are still hoping for stricter regulation to ensure that Internet companies are held accountable. Privacy is generally not their main focus though.

They mostly want companies such as Google and Facebook to prevent piracy and compensate rightsholders. Whether using the Facebook privacy scandal was a good way to bring this message to the forefront is a matter of which camp one’s in.

While the Internet Association bashes the MPAA’s efforts, they don’t discount the idea that more can be done to prevent and stop abuse.

“As technology and services evolve to better meet user needs, bad actors will find ways to take advantage. Our members are ever vigilant and work hard to stop them. The task is never done, and we pledge to work harder and do even better,” Beckerman notes.

The Internet Association’s full letter, spotted by Variety, is available here (pdf).

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

Bell/TSN Letter to University Connects Site-Blocking Support to Students’ Futures

Post Syndicated from Andy original https://torrentfreak.com/bell-tsn-letter-to-university-connects-site-blocking-support-to-students-futures-180510/

In January, a coalition of Canadian companies called on local telecoms regulator CRTC to implement a website-blocking regime in Canada.

The coalition, Fairplay Canada, is a collection of organizations and companies with ties to the entertainment industries and includes Bell, Cineplex, Directors Guild of Canada, Maple Leaf Sports and Entertainment, Movie Theatre Association of Canada, and Rogers Media. Its stated aim is to address Canada’s online piracy problems.

While CTRC reviews FairPlay Canada’s plans, the coalition has been seeking to drum up support for the blocking regime, encouraging a diverse range of supporters to send submissions endorsing the project. Of course, building a united front among like-minded groups is nothing out of the ordinary but a situation just uncovered by Canadian law Professor Micheal Geist, one of the most vocal opponents of the proposed scheme, is bound to raise eyebrows.

Geist discovered a submission by Brian Hutchings, who works as Vice-President, Administration at Brock University in Ontario. Dated March 22, 2018, it notes that one of the university’s most sought-after programs is Sports Management, which helps Brock’s students to become “the lifeblood” of Canada’s sport and entertainment industries.

“Our University is deeply alarmed at how piracy is eroding an industry that employs so many of our co-op students and graduates. Piracy is a serious, pervasive threat that steals creativity, undermines investment in content development and threatens the survival of an industry that is also part of our national identity,” the submission reads.

“Brock ardently supports the FairPlay Canada coalition of more than 25 organizations involved in every aspect of Canada’s film, TV, radio, sports entertainment and music industries. Specifically, we support the coalition’s request that the CRTC introduce rules that would disable access in Canada to the most egregious piracy sites, similar to measures that have been taken in the UK, France and Australia. We are committed to assist the members of the coalition and the CRTC in eliminating the theft of digital content.”

The letter leaves no doubt that Brock University as a whole stands side-by-side with Fairplay Canada but according to a subsequent submission signed by Michelle Webber, President, Brock University Faculty Association (BUFA), nothing could be further from the truth.

Noting that BUFA unanimously supports the position of the Canadian Association of University Teachers which opposes the FairPlay proposal, Webber adds that BUFA stands in opposition to the submission by Brian Hutchings on behalf of Brock University.

“Vice President Hutching’s intervention was undertaken without consultation with the wider Brock University community, including faculty, librarians, and Senate; therefore, his submission should not be seen as indicative of the views of Brock University as a whole.”

BUFA goes on to stress the importance of an open Internet to researchers and educators while raising concerns that the blocking proposals could threaten the principles of net neutrality in Canada.

While the undermining of Hutching’s position is embarrassing enough, via access to information laws Geist has also been able to reveal the chain of events that prompted the Vice-President to write a letter of support on behalf of the whole university.

It began with an email sent by former Brock professor Cheri Bradish to Mark Milliere, TSN’s Senior Vice President and General Manager, with Hutchings copied in. The idea was to connect the pair, with the suggestion that supporting the site-blocking plan would help to mitigate the threat to “future work options” for students.

What followed was a direct email from Mark Milliere to Brian Hutchings, in which the former laid out the contributions his company makes to the university, while again suggesting that support for site-blocking would be in the long-term interests of students seeking employment in the industry.

On March 23, Milliere wrote to Hutchings again, thanking him for “a terrific letter” and stating that “If you need anything from TSN, just ask.”

This isn’t the first time that Bell has asked those beholden to the company to support its site-blocking plans.

Back in February it was revealed that the company had asked its own employees to participate in the site-blocking submission process, without necessarily revealing their affiliations with the company.

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

IsoHunt Founder Returns With New Search Tool

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WonderwSwipe


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

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

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

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

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

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

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

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

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

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.

Japan Seeks to Outmaneuver Constitution With Piracy Blocking Proposals

Post Syndicated from Andy original https://torrentfreak.com/japan-seeks-to-outmaneuver-constitution-with-piracy-blocking-proposals-180406/

Speaking at a news conference last month, Japan’s Chief Cabinet Secretary Yoshihide Suga said that the Japanese government is considering measures to prohibit access to pirate sites, initially to protect the country’s manga and anime industries.

“The damage is getting worse. We are considering the possibilities of all measures including site blocking,” he said.

But Japan has a problem.

The country has no specific legislation that allows for site-blocking of any kind, let alone on copyright infringement grounds. In fact, the constitution expressly supports freedom of speech and expressly forbids censorship.

“Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed,” Article 21 reads.

“No censorship shall be maintained, nor shall the secrecy of any means of communication be violated,” the constitution adds.

Nevertheless, the government appears determined to do something about the piracy threat. As detailed last month, that looks like manifesting itself in a site-blocking regime. But how will this be achieved?

Mainichi reports that the government will argue there are grounds for “averting present danger”, a phrase that’s detailed in Article 37 of Japan’s Penal Code.

“An act unavoidably performed to avert a present danger to the life, body, liberty
or property of oneself or any other person is not punishable only when the harm
produced by such act does not exceed the harm to be averted,” the Article (pdf) begins.

It’s fairly clear that this branch of Japanese law was never designed for use against pirate sites. Furthermore, there is also a clause noting that where an act (in this case blocking) causes excessive harm it may lead “to the punishment being reduced or may exculpate the offender in light of the circumstances.”

How, when, or if that ever comes into play will remain to be seen but in common with most legal processes against pirate site operators elsewhere, few turn up to argue in their defense. A contested process is therefore unlikely.

It appears that rather than forcing Internet providers into compliance, the government will ask for their “understanding” on the basis that damage is being done to the anime and manga industries. ISPs reportedly already cooperate to censor child abuse sites so it’s hoped a similar agreement can be reached on piracy.

Initially, the blocking requests will relate to just three as-yet-unnamed platforms, one local and two based outside the country. Of course, this is just the tip of the iceberg and if ISPs agree to block this trio, more demands are sure to follow.

Meanwhile, the government is also working towards tightening up the law to deal with an estimated 200 local sites that link, but do not host pirated content. Under current legislation, linking isn’t considered illegal, which is a major problem given the manner in which most file-sharing and streaming is carried out these days.

However, there are also concerns that any amendments to tackle linking could fall foul of the constitutional right to freedom of expression. It’s a problem that has been tackled elsewhere, notably in Europe, but in most cases the latter has been trumped by the former. In any event, the government will need to tread carefully.

The proposals are expected to be formally approved at a Cabinet meeting on crime prevention policy later this month, Mainichi reports.

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

PrimeWire Becomes Unusable After Malicious Ad ‘Takeover’

Post Syndicated from Ernesto original https://torrentfreak.com/primewire-becomes-unusable-after-malicious-ad-takeover-180404/

With millions of visitors per month, Primewire is one of the best-known pirate linking sites on the Internet.

The site originally started as LetMeWatchThis and later became 1Channel. After several of its domains were hijacked the operator eventually landed at Primewire.ag.

That was five years ago and nothing significant has changed since then. At least, nothing that was noticeable to the public at large. Despite a few ISP blockades here and there, the site functioned normally.

This changed a few days ago when we noticed that the Primewire.ag DNS records were updated to EuroDNS, which caused the site to become unreachable.

Around the same time, the flow of new content also stopped on the backup domain Primewire.is, while existing links all changed to advertisements.

A few days have passed now and while Primewire.ag has returned online, the site is little more than an inventory of suspicious ad links. Instead of pointing people to the latest TV-shows and movies, they get scammy advertisements.

Scam ads

When clicking on a link, users are directed to dubious services such as Pushplay. These require people to enter their credit card details for a ‘free’ account, which leads to quite a few complaints from “pissed consumers.”

It’s obvious that this is a ploy to generate cash but it’s unclear why this is happening. At the moment there are plenty of rumors floating around but no word from the site’s operator. The official Twitter and Facebook accounts remain quiet as well.

Interestingly, another popular streaming link site, gowatchfreemovies.to, appears to be suffering the same fate. This site has also become unusable with all links now pointing to ads. While we can only speculate at the moment, this could very well be related.

The question remains who’s behind all this? Has the operator given up, is it a play to make quick cash, or has the site been compromised by outsiders, again?

For now, the only conclusion we can draw is that hundreds of thousands of pirates will have to get by without their goto site.

Update: A sharp Reddit user points out that the actual streaming links can still be decoded from the “ad urls.”

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

Major Pirate Site Operators’ Sentences Increased on Appeal

Post Syndicated from Andy original https://torrentfreak.com/major-pirate-site-operators-sentences-increased-on-appeal-180330/

With The Pirate Bay the most famous pirate site in Swedish history still in full swing, a lesser known streaming platform started to gain traction more than half a decade ago.

From humble beginnings, Swefilmer eventually grew to become Sweden’s most popular movie and TV show streaming site. At one stage it was credited alongside another streaming portal for serving up to 25% of all online video streaming in Sweden.

But in 2015, everything came crashing down. An operator of the site in his early twenties was raided by local police and arrested. An older Turkish man, who was accused of receiving donations from users and setting up Swefilmer’s deals with advertisers, was later arrested in Germany.

Their activities between November 2013 and June 2015 landed them an appearance before the Varberg District Court last January, where they were accused of making more than $1.5m in advertising revenue from copyright infringement.

The prosecutor described the site as being like “organized crime”. The then 26-year-old was described as the main player behind the site, with the then 23-year-old playing a much smaller role. The latter received an estimated $4,000 of the proceeds, the former was said to have pocketed more than $1.5m.

As expected, things didn’t go well. The older man, who was described as leading a luxury lifestyle, was convicted of 1,044 breaches of copyright law and serious money laundering offenses. He was sentenced to three years in prison and ordered to forfeit 14,000,000 SEK (US$1.68m).

Due to his minimal role, the younger man was given probation and ordered to complete 120 hours of community service. Speaking with TorrentFreak at the time, the 23-year-old said he was relieved at the relatively light sentence but noted it may not be over yet.

Indeed, as is often the case with these complex copyright prosecutions, the matter found itself at the Court of Appeal of Western Sweden. On Wednesday its decision was handed down and it’s bad news for both men.

“The Court of Appeal, like the District Court, judges the men for breach of copyright law,” the Court said in a statement.

“They are judged to have made more than 1,400 copyrighted films available through the Swefilmer streaming service, without obtaining permission from copyright holders. One of the men is also convicted of gross money laundering because he received revenues from the criminal activity.”

In respect of the now 27-year-old, the Court decided to hand down a much more severe sentence, extending the term of imprisonment from three to four years.

There was some better news in respect of the amount he has to forfeit to the state, however. The District Court set this amount at 14,000,000 SEK (US$1.68m) but the Court of Appeal reduced it to ‘just’ 4,000,000 SEK (US$482,280).

The younger man’s conditional sentence was upheld but community service was replaced with a fine of 10,000 SEK (US$1,200). Also, along with his accomplice, he must now pay significant damages to a Norwegian plaintiff in the case.

“Both men will jointly pay damages of NOK 2.2 million (US$283,000) together with interest to Nordisk Film A / S for copyright infringement in one of the films posted on the website,” the Court writes in its decision.

But even now, the matter may not be closed. Ansgar Firsching, the older man’s lawyer, told SVT that the case could go all the way to the Supreme Court.

“I have informed my client about the content of the judgment and it is highly likely that he will turn to the Supreme Court,” Firsching said.

It appears that the 27-year-old will argue that at the time of the alleged offenses, merely linking to copyrighted content was not a criminal offense but whether this approach will succeed is seriously up for debate.

While linking was previously considered by some to sit in a legal gray area, the District Court drew heavily on the GS Media ruling handed down by the European Court of Justice in September 2016.

In that case, the EU Court found that those who post links to content they do not know is infringing in a non-commercial environment usually don’t commit infringement. The Swefilmer case doesn’t immediately appear to fit either of those parameters.

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

Japan Becomes Latest Country to Consider Pirate Site Blocking

Post Syndicated from Andy original https://torrentfreak.com/japan-becomes-latest-country-to-consider-pirate-site-blocking-180324/

When attempting to deal with the flood of pirate content on the Internet, companies have many options at their disposal.

One of the most controversial is site-blocking, but despite its unpopularity with consumers, dozens of countries around the world are now involved in the practice. Quite regularly new countries consider getting involved, Canada for example. The latest new addition is Japan.

Speaking at a news conference, Chief Cabinet Secretary Yoshihide Suga said that the Japanese government is considering taking measures to prohibit access to pirate sites, largely to protect the country’s manga and anime industries.

“The damage is getting worse. We are considering the possibilities of all measures including site blocking,” he said.

“Manga and anime are important types of content that represent the ‘Cool Japan’ initiative. I would like to take countermeasures as soon as possible under the cooperation of the relevant ministries and agencies.”

Cool Japan is a campaign to promote Japan, its culture, products and businesses both at home and overseas, in order to generate interest in the country while boosting investment and tourism.

Outline of the Cool Japan initiative

According to a lawyer cited by the Sankei news outlet, piracy in Japan is largely facilitated by roughly two kinds of sites – hosting and linking.

While the former can be anywhere but can be dealt with locally, Japan has an estimated 200 sites that link to pirated content. Their legal status doesn’t appear to be as clear as many would like.

“In the conventional theory the link itself is not illegal,” the lawyer notes. “There is no legal basis to declare the act of facilitating piracy of other sites as ‘illegal’. Without a [linking] site, many users can not reach pirated versions, [so the government] needs to define malicious [linking] sites properly and regulate them.”

It appears that like many nations, Japan doesn’t view piracy as a predominantly domestic issue, at least on the supply front. In common with the UK, Australia and many other ‘blocking’ nations, it sees the problem as being fueled by overseas actors over which it has limited control. Site-blocking locally, therefore, could stop the problem at the borders.

Whether any plan will be any more effective than the programs elsewhere will remain to be seen but since the Japanese hold both anime and manga close to their hearts, the debate is bound to get emotional.

“As long as the normal business model of content is undermined, the number of people trying to become new professional creators will decrease, and if you are an animator, know-how such as drawing, editing and reviewing may be lost. There is a danger that you will be unable to read interesting cartoons in future, as the biggest victim of piracy is actually the reader himself,” the lawyer concludes.

This past week saw perhaps the single wildest display of copyright infringement ever directed at Japanese culture by those in authority. Local governments across South America defied the Japanese government by airing the latest episode of Dragon Ball Super in public places to tens of thousands of people, all without obtaining the necessary licensing.

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

Playboy Wants to Know Who Downloaded Their Playmate Images From Imgur

Post Syndicated from Ernesto original https://torrentfreak.com/playboy-wants-know-downloaded-pirated-playmates-imgur-180313/

Late last year Playboy filed a copyright lawsuit against the popular blog Boing Boing.

The site had previously published an article linking to an archive of Playboy centerfold images, which the adult magazine saw as problematic.

Boing Boing’s parent company Happy Mutants was accused of various counts of copyright infringement, with Playboy claiming that it exploited their playmates’ images for commercial purposes.

The California district court was not convinced, however. In an order last month, Judge Fernando Olguin noted that it is not sufficient to argue that Boing Boing merely ‘provided the means’ to carry out copyright-infringing activity. There also has to be a personal action that ‘assists’ the infringing activity.

“For example, the court is skeptical that plaintiff has sufficiently alleged facts to support either its inducement or material contribution theories of copyright infringement,” Judge Olguin wrote.

Playboy was given the option to file a new complaint before the end of February, or else the case would be dismissed. The magazine publisher decided to let the matter go, for now, and didn’t file a new complaint.

That doesn’t mean that they’ll completely pass on the issue though. Instead of only going after Boing Boing, Playboy is now digging up information on the people who posted the infringing content on Imgur and YouTube.

Last week the California Court asked why PlayBoy hadn’t responded after the latest order. The company replied that it thought no response was needed and that the case would be dismissed automatically, but it included another interesting note.

“Plaintiff has elected to pursue third party subpoenas under, inter alia, the Digital Millennium Copyright Act Section 512(h) in order to obtain further facts before determining how to proceed on its claims against Happy Mutants,” Playboy writes.

Looking through the court dockets, we observed that Playboy requested DMCA subpoenas against both Imgur and YouTube. In both cases, the company demands information that can identify the uploaders, including email addresses, phone numbers, and other documents or information.

With Imgur, it goes even further. Here, Playboy also requests information on people “who downloaded any photos” from the Imgur gallery in question. That could be quite a long list as anyone would have to download the images in order to see them. This could include millions of people.

Playboy subpoena against Imgur

A broad request like this goes further than we’ve ever seen. However, soon after the requests came in, the clerk granted both subpoenas.

At this point, it’s unclear whether Playboy also intends to go after the uploaders directly. It informed the California District Court that these “further facts” will help to determine whether it will pursue its claims against Boing Boing, which means that it must file a new complaint.

It’s worth mentioning, however, that the subpoenas were obtained early last month before the case was dismissed.

Alternatively, Playboy can pursue the Imgur and YouTube uploaders directly, which is more likely to succeed than the infringement claims against Boing Boing. That’s only an option if Imgur and YouTube have sufficient information to identify the infringers in question, of course.

The allegedly infringing centerfold video is no longer listed on YouTube. The Imgur gallery, which was viewed more than two million times, is no longer available either.

—-

Playboy’s latest filing mentioning the DMCA subpoenas can be found here (pdf). We also obtained copies of the Youtube (pdf + attachment) and Imgur (pdf + attachment) subpoenas themselves.

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

The Challenges of Opening a Data Center — Part 1

Post Syndicated from Roderick Bauer original https://www.backblaze.com/blog/choosing-data-center/

Backblaze storage pod in new data center

This is part one of a series. The second part will be posted later this week. Use the Join button above to receive notification of future posts in this series.

Though most of us have never set foot inside of a data center, as citizens of a data-driven world we nonetheless depend on the services that data centers provide almost as much as we depend on a reliable water supply, the electrical grid, and the highway system. Every time we send a tweet, post to Facebook, check our bank balance or credit score, watch a YouTube video, or back up a computer to the cloud we are interacting with a data center.

In this series, The Challenges of Opening a Data Center, we’ll talk in general terms about the factors that an organization needs to consider when opening a data center and the challenges that must be met in the process. Many of the factors to consider will be similar for opening a private data center or seeking space in a public data center, but we’ll assume for the sake of this discussion that our needs are more modest than requiring a data center dedicated solely to our own use (i.e. we’re not Google, Facebook, or China Telecom).

Data center technology and management are changing rapidly, with new approaches to design and operation appearing every year. This means we won’t be able to cover everything happening in the world of data centers in our series, however, we hope our brief overview proves useful.

What is a Data Center?

A data center is the structure that houses a large group of networked computer servers typically used by businesses, governments, and organizations for the remote storage, processing, or distribution of large amounts of data.

While many organizations will have computing services in the same location as their offices that support their day-to-day operations, a data center is a structure dedicated to 24/7 large-scale data processing and handling.

Depending on how you define the term, there are anywhere from a half million data centers in the world to many millions. While it’s possible to say that an organization’s on-site servers and data storage can be called a data center, in this discussion we are using the term data center to refer to facilities that are expressly dedicated to housing computer systems and associated components, such as telecommunications and storage systems. The facility might be a private center, which is owned or leased by one tenant only, or a shared data center that offers what are called “colocation services,” and rents space, services, and equipment to multiple tenants in the center.

A large, modern data center operates around the clock, placing a priority on providing secure and uninterrrupted service, and generally includes redundant or backup power systems or supplies, redundant data communication connections, environmental controls, fire suppression systems, and numerous security devices. Such a center is an industrial-scale operation often using as much electricity as a small town.

Types of Data Centers

There are a number of ways to classify data centers according to how they will be used, whether they are owned or used by one or multiple organizations, whether and how they fit into a topology of other data centers; which technologies and management approaches they use for computing, storage, cooling, power, and operations; and increasingly visible these days: how green they are.

Data centers can be loosely classified into three types according to who owns them and who uses them.

Exclusive Data Centers are facilities wholly built, maintained, operated and managed by the business for the optimal operation of its IT equipment. Some of these centers are well-known companies such as Facebook, Google, or Microsoft, while others are less public-facing big telecoms, insurance companies, or other service providers.

Managed Hosting Providers are data centers managed by a third party on behalf of a business. The business does not own data center or space within it. Rather, the business rents IT equipment and infrastructure it needs instead of investing in the outright purchase of what it needs.

Colocation Data Centers are usually large facilities built to accommodate multiple businesses within the center. The business rents its own space within the data center and subsequently fills the space with its IT equipment, or possibly uses equipment provided by the data center operator.

Backblaze, for example, doesn’t own its own data centers but colocates in data centers owned by others. As Backblaze’s storage needs grow, Backblaze increases the space it uses within a given data center and/or expands to other data centers in the same or different geographic areas.

Availability is Key

When designing or selecting a data center, an organization needs to decide what level of availability is required for its services. The type of business or service it provides likely will dictate this. Any organization that provides real-time and/or critical data services will need the highest level of availability and redundancy, as well as the ability to rapidly failover (transfer operation to another center) when and if required. Some organizations require multiple data centers not just to handle the computer or storage capacity they use, but to provide alternate locations for operation if something should happen temporarily or permanently to one or more of their centers.

Organizations operating data centers that can’t afford any downtime at all will typically operate data centers that have a mirrored site that can take over if something happens to the first site, or they operate a second site in parallel to the first one. These data center topologies are called Active/Passive, and Active/Active, respectively. Should disaster or an outage occur, disaster mode would dictate immediately moving all of the primary data center’s processing to the second data center.

While some data center topologies are spread throughout a single country or continent, others extend around the world. Practically, data transmission speeds put a cap on centers that can be operated in parallel with the appearance of simultaneous operation. Linking two data centers located apart from each other — say no more than 60 miles to limit data latency issues — together with dark fiber (leased fiber optic cable) could enable both data centers to be operated as if they were in the same location, reducing staffing requirements yet providing immediate failover to the secondary data center if needed.

This redundancy of facilities and ensured availability is of paramount importance to those needing uninterrupted data center services.

Active/Passive Data Centers

Active/Active Data Centers

LEED Certification

Leadership in Energy and Environmental Design (LEED) is a rating system devised by the United States Green Building Council (USGBC) for the design, construction, and operation of green buildings. Facilities can achieve ratings of certified, silver, gold, or platinum based on criteria within six categories: sustainable sites, water efficiency, energy and atmosphere, materials and resources, indoor environmental quality, and innovation and design.

Green certification has become increasingly important in data center design and operation as data centers require great amounts of electricity and often cooling water to operate. Green technologies can reduce costs for data center operation, as well as make the arrival of data centers more amenable to environmentally-conscious communities.

The ACT, Inc. data center in Iowa City, Iowa was the first data center in the U.S. to receive LEED-Platinum certification, the highest level available.

ACT Data Center exterior

ACT Data Center exterior

ACT Data Center interior

ACT Data Center interior

Factors to Consider When Selecting a Data Center

There are numerous factors to consider when deciding to build or to occupy space in a data center. Aspects such as proximity to available power grids, telecommunications infrastructure, networking services, transportation lines, and emergency services can affect costs, risk, security and other factors that need to be taken into consideration.

The size of the data center will be dictated by the business requirements of the owner or tenant. A data center can occupy one room of a building, one or more floors, or an entire building. Most of the equipment is often in the form of servers mounted in 19 inch rack cabinets, which are usually placed in single rows forming corridors (so-called aisles) between them. This allows staff access to the front and rear of each cabinet. Servers differ greatly in size from 1U servers (i.e. one “U” or “RU” rack unit measuring 44.50 millimeters or 1.75 inches), to Backblaze’s Storage Pod design that fits a 4U chassis, to large freestanding storage silos that occupy many square feet of floor space.

Location

Location will be one of the biggest factors to consider when selecting a data center and encompasses many other factors that should be taken into account, such as geological risks, neighboring uses, and even local flight paths. Access to suitable available power at a suitable price point is often the most critical factor and the longest lead time item, followed by broadband service availability.

With more and more data centers available providing varied levels of service and cost, the choices increase each year. Data center brokers can be employed to find a data center, just as one might use a broker for home or other commercial real estate.

Websites listing available colocation space, such as upstack.io, or entire data centers for sale or lease, are widely used. A common practice is for a customer to publish its data center requirements, and the vendors compete to provide the most attractive bid in a reverse auction.

Business and Customer Proximity

The center’s closeness to a business or organization may or may not be a factor in the site selection. The organization might wish to be close enough to manage the center or supervise the on-site staff from a nearby business location. The location of customers might be a factor, especially if data transmission speeds and latency are important, or the business or customers have regulatory, political, tax, or other considerations that dictate areas suitable or not suitable for the storage and processing of data.

Climate

Local climate is a major factor in data center design because the climatic conditions dictate what cooling technologies should be deployed. In turn this impacts uptime and the costs associated with cooling, which can total as much as 50% or more of a center’s power costs. The topology and the cost of managing a data center in a warm, humid climate will vary greatly from managing one in a cool, dry climate. Nevertheless, data centers are located in both extremely cold regions and extremely hot ones, with innovative approaches used in both extremes to maintain desired temperatures within the center.

Geographic Stability and Extreme Weather Events

A major obvious factor in locating a data center is the stability of the actual site as regards weather, seismic activity, and the likelihood of weather events such as hurricanes, as well as fire or flooding.

Backblaze’s Sacramento data center describes its location as one of the most stable geographic locations in California, outside fault zones and floodplains.

Sacramento Data Center

Sometimes the location of the center comes first and the facility is hardened to withstand anticipated threats, such as Equinix’s NAP of the Americas data center in Miami, one of the largest single-building data centers on the planet (six stories and 750,000 square feet), which is built 32 feet above sea level and designed to withstand category 5 hurricane winds.

Equinix Data Center in Miami

Equinix “NAP of the Americas” Data Center in Miami

Most data centers don’t have the extreme protection or history of the Bahnhof data center, which is located inside the ultra-secure former nuclear bunker Pionen, in Stockholm, Sweden. It is buried 100 feet below ground inside the White Mountains and secured behind 15.7 in. thick metal doors. It prides itself on its self-described “Bond villain” ambiance.

Bahnhof Data Center under White Mountain in Stockholm

Usually, the data center owner or tenant will want to take into account the balance between cost and risk in the selection of a location. The Ideal quadrant below is obviously favored when making this compromise.

Cost vs Risk in selecting a data center

Cost = Construction/lease, power, bandwidth, cooling, labor, taxes
Risk = Environmental (seismic, weather, water, fire), political, economic

Risk mitigation also plays a strong role in pricing. The extent to which providers must implement special building techniques and operating technologies to protect the facility will affect price. When selecting a data center, organizations must make note of the data center’s certification level on the basis of regulatory requirements in the industry. These certifications can ensure that an organization is meeting necessary compliance requirements.

Power

Electrical power usually represents the largest cost in a data center. The cost a service provider pays for power will be affected by the source of the power, the regulatory environment, the facility size and the rate concessions, if any, offered by the utility. At higher level tiers, battery, generator, and redundant power grids are a required part of the picture.

Fault tolerance and power redundancy are absolutely necessary to maintain uninterrupted data center operation. Parallel redundancy is a safeguard to ensure that an uninterruptible power supply (UPS) system is in place to provide electrical power if necessary. The UPS system can be based on batteries, saved kinetic energy, or some type of generator using diesel or another fuel. The center will operate on the UPS system with another UPS system acting as a backup power generator. If a power outage occurs, the additional UPS system power generator is available.

Many data centers require the use of independent power grids, with service provided by different utility companies or services, to prevent against loss of electrical service no matter what the cause. Some data centers have intentionally located themselves near national borders so that they can obtain redundant power from not just separate grids, but from separate geopolitical sources.

Higher redundancy levels required by a company will of invariably lead to higher prices. If one requires high availability backed by a service-level agreement (SLA), one can expect to pay more than another company with less demanding redundancy requirements.

Stay Tuned for Part 2 of The Challenges of Opening a Data Center

That’s it for part 1 of this post. In subsequent posts, we’ll take a look at some other factors to consider when moving into a data center such as network bandwidth, cooling, and security. We’ll take a look at what is involved in moving into a new data center (including stories from Backblaze’s experiences). We’ll also investigate what it takes to keep a data center running, and some of the new technologies and trends affecting data center design and use. You can discover all posts on our blog tagged with “Data Center” by following the link https://www.backblaze.com/blog/tag/data-center/.

The second part of this series on The Challenges of Opening a Data Center will be posted later this week. Use the Join button above to receive notification of future posts in this series.

The post The Challenges of Opening a Data Center — Part 1 appeared first on Backblaze Blog | Cloud Storage & Cloud Backup.

Embedding a Tweet Can be Copyright Infringement, Court Rules

Post Syndicated from Ernesto original https://torrentfreak.com/embedding-a-tweet-can-be-copyright-infringement-court-rules-180216/

Nowadays it’s fairly common for blogs and news sites to embed content posted by third parties, ranging from YouTube videos to tweets.

Although these publications don’t host the content themselves, they can be held liable for copyright infringement, a New York federal court has ruled.

The case in question was filed by Justin Goldman whose photo of Tom Brady went viral after he posted it on Snapchat. After being reposted on Reddit, it also made its way onto Twitter from where various news organizations picked it up.

Several of these news sites reported on the photo by embedding tweets from others. However, since Goldman never gave permission to display his photo, he went on to sue the likes of Breitbart, Time, Vox and Yahoo, for copyright infringement.

In their defense, the news organizations argued that they did nothing wrong as no content was hosted on their servers. They referred to the so-called “server test” that was applied in several related cases in the past, which determined that liability rests on the party that hosts the infringing content.

In an order that was just issued, US District Court Judge Katherine Forrest disagrees. She rejects the “server test” argument and rules that the news organizations are liable.

“[W]hen defendants caused the embedded Tweets to appear on their websites, their actions violated plaintiff’s exclusive display right; the fact that the image was hosted on a server owned and operated by an unrelated third party (Twitter) does not shield them from this result,” Judge Forrest writes.

Judge Forrest argues that the server test was established in the ‘Perfect 10 v. Amazon’ case, which dealt with the ‘distribution’ of content. This case is about ‘displaying’ an infringing work instead, an area where the jurisprudence is not as clear.

“The Court agrees with plaintiff. The plain language of the Copyright Act, the legislative history undergirding its enactment, and subsequent Supreme Court jurisprudence provide no basis for a rule that allows the physical location or possession of an image to determine who may or may not have “displayed” a work within the meaning of the Copyright Act.”

As a result, summary judgment was granted in favor of Goldman.

Rightsholders, including Getty Images which supported Goldman, are happy with the result. However, not everyone is pleased. The Electronic Frontier Foundation (EFF) says that if the current verdict stands it will put millions of regular Internet users at risk.

“Rejecting years of settled precedent, a federal court in New York has ruled that you could infringe copyright simply by embedding a tweet in a web page,” EFF comments.

“Even worse, the logic of the ruling applies to all in-line linking, not just embedding tweets. If adopted by other courts, this legally and technically misguided decision would threaten millions of ordinary Internet users with infringement liability.”

Given what’s at stake, it’s likely that the news organization will appeal this week’s order.

Interestingly, earlier this week a California district court dismissed Playboy’s copyright infringement complaint against Boing Boing, which embedded a YouTube video that contained infringing content.

A copy of Judge Forrest’s opinion can be found here (pdf).

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

Court Dismisses Playboy’s Copyright Claims Against Boing Boing

Post Syndicated from Ernesto original https://torrentfreak.com/court-dismisses-playboys-copyright-claims-against-boing-boing-180215/

Early 2016, Boing Boing co-editor Xeni Jardin published an article in which she linked to an archive of every Playboy centerfold image till then.

“Kind of amazing to see how our standards of hotness, and the art of commercial erotic photography, have changed over time,” Jardin commented.

While the linked material undoubtedly appealed to many readers, Playboy itself took offense to the fact that infringing copies of their work were being shared in public. While Boing Boing didn’t upload or store the images in question, the publisher filed a lawsuit late last year.

The blog’s parent company Happy Mutants was accused of various counts of copyright infringement, with Playboy claiming that it exploited their playmates’ images for commercial purposes.

Boing Boing saw things differently. With help from the Electronic Frontier Foundation (EFF) it filed a motion to dismiss, arguing that hyperlinking is not copyright infringement. If Playboy would’ve had their way, millions of other Internet users could be sued for linking too.

“This case merely has to survive a motion to dismiss to launch a thousand more expensive lawsuits, chilling a broad variety of lawful expression and reporting that merely adopts the common practice of linking to the material that is the subject of the report,” they wrote.

The article in question

Yesterday US District Court Judge Fernando Olguin ruled on the matter. In a brief order, he concluded that an oral argument is not needed and that based on the arguments from both sides, the case should be dismissed with leave.

This effectively means that Playboy’s complaint has been thrown out. However, the company is offered a lifeline and is allowed to submit a new one if they can properly back up their copyright infringement allegations.

“The court will grant defendant’s Motion and dismiss plaintiff’s First Amended Complaint with leave to amend. In preparing the Second Amended Complaint, plaintiff shall carefully evaluate the contentions set forth in defendant’s Motion.

“For example, the court is skeptical that plaintiff has sufficiently alleged facts to support either its inducement or material contribution theories of copyright infringement,” Judge Olguin adds.

According to the order, it is not sufficient to argue that Boing Boing merely ‘provided the means’ to carry out copyright infringing activity. There also has to be a personal action that ‘assists’ the infringing activity.

Playboy has until the end of the month to submit a new complaint and if it chooses not to do so, the case will be thrown out.

The order is clearly a win for Boing Boing, which vehemently opposed Playboy’s claims. While the order is clear, it must come as a surprise to the magazine publisher, which won a similar ‘hyperlinking’ lawsuit in the European Court of Justice last year.

EFF, who defend Boing Boing, is happy with the order and hopes that Playboy will leave it at this.

“From the outset of this lawsuit, we have been puzzled as to why Playboy, once a staunch defender of the First Amendment, would attack a small news and commentary website,” EFF comments

“Today’s decision leaves Playboy with a choice: it can try again with a new complaint or it can leave this lawsuit behind. We don’t believe there’s anything Playboy could add to its complaint that would meet the legal standard. We hope that it will choose not to continue with its misguided suit.”

A copy of US District Court Judge Fernando Olguin’s order is available here (pdf).

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

Tickbox Must Remove Pirate Streaming Addons From Sold Devices

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jumping Air Gaps

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2018/02/jumping_air_gap_2.html

Nice profile of Mordechai Guri, who researches a variety of clever ways to steal data over air-gapped computers.

Guri and his fellow Ben-Gurion researchers have shown, for instance, that it's possible to trick a fully offline computer into leaking data to another nearby device via the noise its internal fan generates, by changing air temperatures in patterns that the receiving computer can detect with thermal sensors, or even by blinking out a stream of information from a computer hard drive LED to the camera on a quadcopter drone hovering outside a nearby window. In new research published today, the Ben-Gurion team has even shown that they can pull data off a computer protected by not only an air gap, but also a Faraday cage designed to block all radio signals.

Here’s a page with all the research results.

BoingBoing post.

Cloudflare Terminates Service to Sci-Hub Domain Names

Post Syndicated from Ernesto original https://torrentfreak.com/cloudflare-terminates-service-to-sci-hub-domain-names-180205/

While Sci-Hub is praised by thousands of researchers and academics around the world, copyright holders are doing everything in their power to wipe the site from the web.

Following a $15 million defeat against Elsevier last June, the American Chemical Society (ACS) won a default judgment of $4.8 million in copyright damages a few months later.

The publisher was further granted a broad injunction, requiring various third-party services to stop providing access to the site. This includes domain registries, hosting companies and search engines.

Soon after the order was signed, several of Sci-Hub’s domain names became unreachable as domain registries complied with the court order. This resulted in a domain name whack-a-mole, but all this time Sci-Hub remained available.

Last weekend another problem appeared for Sci-Hub. This time ACS went after CDN provider Cloudflare, which informed the site that a court order requires the company to disconnect several domain names.

“Cloudflare has received the attached court order, Case 1:17-cv-OO726-LMB-JFA,” the company writes. “Cloudflare will terminate your service for the following domains sci-hub.la, sci-hub.tv, and sci-hub.tw by disabling our authoritative DNS in 24 hours.”

According to Sci-Hub’s operator, losing access to Cloudflare is not “critical,” but it may “cause a short pause in website operation.”

Sci-Hub’s Cloudflare tweet

Cloudflare’s actions are significant because the company previously protested a similar order. When the RIAA used the permanent injunction in the MP3Skull case to compel Cloudflare to disconnect the site, the CDN provider refused.

The RIAA argued that Cloudflare was operating “in active concert or participation” with the pirates. The CDN provider objected, but the court eventually ordered Cloudflare to take action, although it did not rule on the “active concert or participation” part.

In the Sci-Hub case “active concert or participation” is also a requirement for the injunction to apply. While it specifically mentions ISPs and search engines, ACS Director Glenn Ruskin previously stressed that companies won’t be targeted for simply linking users to Sci-Hub.

“The court’s affirmative ruling does not apply to search engines writ large, but only to those entities who have been in active concert or participation with Sci-Hub, such as websites that host ACS content stolen by Sci-Hub,” Ruskin told us at the time.

Cloudflare does more than linking of course, but the company doesn’t see itself as a web hosting service either. While it still may not agree with the “active concert” classification, there’s no evidence that Cloudflare objected in court this time.

As for Sci-Hub, they have to look elsewhere if they want another CDN provider. For now, however, the site remains widely available.

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

Playboy’s Copyright Lawsuit Threatens Online Expression, Boing Boing Argues

Post Syndicated from Ernesto original https://torrentfreak.com/playboys-copyright-lawsuit-threatens-online-expression-boing-boing-argues-180202/

Early 2016, Boing Boing co-editor Xeni Jardin published an article in which she linked to an archive of every Playboy centerfold image till then.

“Kind of amazing to see how our standards of hotness, and the art of commercial erotic photography, have changed over time,” Jardin commented.

While the linked material undoubtedly appealed to many readers, Playboy itself took offense to the fact that infringing copies of their work were being shared in public. While Boing Boing didn’t upload or store the images in question, the publisher filed a complaint.

Playboy accused the blog’s parent company Happy Mutants of various counts of copyright infringement, claiming that it exploited their playmates’ images for commercial purposes.

Last month Boing Boing responded to the allegations with a motion to dismiss. The case should be thrown out, it argued, noting that linking to infringing material for the purpose of reporting and commentary, is not against the law.

This prompted Playboy to fire back, branding Boing Boing a “clickbait” site. Playboy informed the court that the popular blog profits off the work of others and has no fair use defense.

Before the California District Court decides on the matter, Boing Boing took the opportunity to reply to Playboy’s latest response. According to the defense, Playboy’s case is an attack on people’s freedom of expression.

“Playboy claims this is an important case. It is partially correct: if the Court allows this case to go forward, it will send a dangerous message to everyone engaged in ordinary online commentary,” Boing Boing’s reply reads.

Referencing a previous Supreme Court decision, the blog says that the Internet democratizes access to speech, with websites as a form of modern-day pamphlets.

Links to source materials posted by third parties give these “pamphlets” more weight as they allow readers to form their own opinion on the matter, Boing Boing argues. If the court upholds Playboy’s arguments, however, this will become a risky endeavor.

“Playboy, however, would apparently prefer a world in which the ‘pamphleteer’ must ask for permission before linking to primary sources, on pain of expensive litigation,” the defense writes.

“This case merely has to survive a motion to dismiss to launch a thousand more expensive lawsuits, chilling a broad variety of lawful expression and reporting that merely adopts the common practice of linking to the material that is the subject of the report.”

The defense says that there are several problems with Playboy’s arguments. Among other things, Boing Boing argues that did nothing to cause the unauthorized posting of Playboy’s work on Imgur and YouTube.

Another key argument is that linking to copyright-infringing material should be considered fair use, since it was for purposes of criticism, commentary, and news reporting.

“Settled precedent requires dismissal, both because Boing Boing did not induce or materially contribute to any copyright infringement and, in the alternative, because Boing Boing engaged in fair use,” the defense writes.

Instead of going after Boing Boing for contributory infringement, Playboy could actually try to uncover the people who shared the infringing material, they argue. There is nothing that prevents them from doing so.

After hearing the arguments from both sides it is now up to the court to decide how to proceed. Given what’s at stake, the eventual outcome in this case is bound to set a crucial precedent.

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

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

Udemy Targets ‘Pirate’ Site Giving Away its Paid Courses For Free

Post Syndicated from Andy original https://torrentfreak.com/udemy-targets-pirate-site-giving-away-its-paid-courses-for-free-180129/

While there’s no shortage of people who advocate free sharing of movies and music, passions are often raised when it comes to the availability of educational information.

Significant numbers of people believe that learning should be open to all and that texts and associated materials shouldn’t be locked away by copyright holders trying to monetize knowledge. Of course, people who make a living creating learning materials see the position rather differently.

A clash of these ideals is brewing in the United States where online learning platform Udemy has been trying to have some of its courses taken down from FreeTutorials.us, a site that makes available premium tutorials and other learning materials for free.

Early December 2017, counsel acting for Udemy and a number of its individual and corporate instructors (Maximilian Schwarzmüller, Academind GmbH, Peter Dalmaris, Futureshock Enterprises, Jose Marcial Portilla, and Pierian Data) wrote to FreeTutorials.us with DMCA takedown notice.

“Pursuant to 17 U.S.C. § 512(c)(3)(A) of the Digital Millennium Copyright Act (‘DMCA’), this communication serves as a notice of infringement and request for removal of certain web content available on freetutorials.us,” the letter reads.

“I hereby request that you remove or disable access to the material listed in Exhibit A in as expedient a fashion as possible. This communication does not constitute a waiver of any right to recover damages incurred by virtue of any such unauthorized activities, and such rights as well as claims for other relief are expressly retained.”

A small sample of Exhibit A

On January 10, 2018, the same law firm wrote to Cloudflare, which provides services to FreeTutorials. The DMCA notice asked Cloudflare to disable access to the same set of infringing content listed above.

It seems likely that whatever happened next wasn’t to Udemy’s satisfaction. On January 16, an attorney from the same law firm filed a DMCA subpoena at a district court in California. A DMCA subpoena can enable a copyright holder to obtain the identity of an alleged infringer without having to file a lawsuit and without needing a signature from a judge.

The subpoena was directed at Cloudflare, which provides services to FreeTutorials. The company was ordered to hand over “all identifying information identifying the owner, operator and/or contact person(s) associated with the domain www.freetutorials.us, including but not limited to name(s), address(es), telephone number(s), email address(es), Internet protocol connection records, administrative records and billing records from the time the account was established to the present.”

On January 26, the date by which Cloudflare was ordered to hand over the information, Cloudflare wrote to FreeTutorials with a somewhat late-in-the-day notification.

“We received the attached subpoena regarding freetutorials.us, a domain managed through your Cloudflare account. The subpoena requires us to provide information in our systems related to this website,” the company wrote.

“We have determined that this is a valid subpoena, and we are required to provide the requested information. In accordance with our Privacy Policy, we are informing you before we provide any of the requested subscriber information. We plan to turn over documents in response to the subpoena on January 26th, 2018, unless you intervene in the case.”

With that deadline passing last Friday, it’s safe to say that Cloudflare has complied with the subpoena as the law requires. However, TorrentFreak spoke with FreeTutorials who told us that the company doesn’t hold anything useful on them.

“No, they have nothing,” the team explained.

Noting that they’ll soon dispense with the services of Cloudflare, the team confirmed that they had received emails from Udemy and its instructors but hadn’t done a lot in response.

“How about a ‘NO’? was our answer to all the DMCA takedown requests from Udemy and its Instructors,” they added.

FreeTutorials (FTU) are affiliated with FreeCoursesOnline (FCO) and seem passionate about what they do. In common with others who distribute learning materials online, they express a belief in free education for all, irrespective of financial resources.

“We, FTU and FCO, are a group of seven members assorted as a team from different countries and cities. We are JN, SRZ aka SunRiseZone, Letap, Lihua Google Drive, Kaya, Zinnia, Faiz MeemBazooka,” a spokesperson revealed.

“We’re all members and colleagues and we also have our own daily work and business stuff to do. We have been through that phase of life when we didn’t have enough money to buy books and get tuition or even apply for a good course that we always wanted to have, so FTU & FCO are just our vision to provide Free Education For Everyone.

“We would love to change our priorities towards our current and future projects, only if we manage to get some faithful FTU’ers to join in and help us to grow together and make FTU a place it should be.”

TorrentFreak requested comment from Udemy but at the time of publication, we were yet to hear back. However, we did manage to get in touch with Jonathan Levi, an Udemy instructor who sent this takedown notice to the site in October 2017:

“I’m writing to you on behalf of SuperHuman Enterprises, LLC. You are in violation of our copyright, using our images, and linking to pirated copies of our courses. Remove them IMMEDIATELY or face severe legal action….You have 48 hours to comply,” he wrote, adding:

“And in case you’re going to say I don’t have evidence that I own the files, it’s my fucking face in the videos.”

Levi says that the site had been non-responsive so now things are being taken to the next level.

“They don’t reply to takedowns, so we’ve joined a class action lawsuit against FTU lead by Udemy and a law firm specializing in this type of thing,” Levi concludes.

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Playboy Brands Boing Boing a “Clickbait” Site With No Fair Use Defense

Post Syndicated from Andy original https://torrentfreak.com/playboy-brands-boing-boing-a-clickbait-site-with-no-fair-use-defense-180126/

Late 2017, Boing Boing co-editor Xena Jardin posted an article in which he linked to an archive containing every Playboy centerfold image to date.

“Kind of amazing to see how our standards of hotness, and the art of commercial erotic photography, have changed over time,” Jardin noted.

While Boing Boing had nothing to do with the compilation, uploading, or storing of the Imgur-based archive, Playboy took exception to the popular blog linking to the album.

Noting that Jardin had referred to the archive uploader as a “wonderful person”, the adult publication responded with a lawsuit (pdf), claiming that Boing Boing had commercially exploited its copyrighted images.

Last week, with assistance from the Electronic Frontier Foundation, Boing Boing parent company Happy Mutants filed a motion to dismiss in which it defended its right to comment on and link to copyrighted content without that constituting infringement.

“This lawsuit is frankly mystifying. Playboy’s theory of liability seems to be that it is illegal to link to material posted by others on the web — an act performed daily by hundreds of millions of users of Facebook and Twitter, and by journalists like the ones in Playboy’s crosshairs here,” the company wrote.

EFF Senior Staff Attorney Daniel Nazer weighed in too, arguing that since Boing Boing’s reporting and commenting is protected by copyright’s fair use doctrine, the “deeply flawed” lawsuit should be dismissed.

Now, just a week later, Playboy has fired back. Opposing Happy Mutants’ request for the Court to dismiss the case, the company cites the now-famous Perfect 10 v. Amazon/Google case from 2007, which tried to prevent Google from facilitating access to infringing images.

Playboy highlights the court’s finding that Google could have been held contributorily liable – if it had knowledge that Perfect 10 images were available using its search engine, could have taken simple measures to prevent further damage, but failed to do so.

Turning to Boing Boing’s conduct, Playboy says that the company knew it was linking to infringing content, could have taken steps to prevent that, but failed to do so. It then launches an attack on the site itself, offering disparaging comments concerning its activities and business model.

“This is an important case. At issue is whether clickbait sites like Happy Mutants’ Boing Boing weblog — a site designed to attract viewers and encourage them to click on links in order to generate advertising revenue — can knowingly find, promote, and profit from infringing content with impunity,” Playboy writes.

“Clickbait sites like Boing Boing are not known for creating original content. Rather, their business model is based on ‘collecting’ interesting content created by others. As such, they effectively profit off the work of others without actually creating anything original themselves.”

Playboy notes that while sites like Boing Boing are within their rights to leverage works created by others, courts in the US and overseas have ruled that knowingly linking to infringing content is unacceptable.

Even given these conditions, Playboy argues, Happy Mutants and the EFF now want the Court to dismiss the case so that sites are free to “not only encourage, facilitate, and induce infringement, but to profit from those harmful activities.”

Claiming that Boing Boing’s only reason for linking to the infringing album was to “monetize the web traffic that over fifty years of Playboy photographs would generate”, Playboy insists that the site and parent company Happy Mutants was properly charged with copyright infringement.

Playboy also dismisses Boing Boing’s argument that a link to infringing content cannot result in liability due to the link having both infringing and substantial non-infringing uses.

First citing the Betamax case, which found that maker Sony could not be held liable for infringement because its video recorders had substantial non-infringing uses, Playboy counters with the Grokster decision, which held that a distributor of a product could be liable for infringement, if there was an intent to encourage or support infringement.

“In this case, Happy Mutants’ offending link — which does nothing more than support infringing content — is good for nothing but promoting infringement and there is no legitimate public interest in its unlicensed availability,” Playboy notes.

In its motion to dismiss, Happy Mutants also argued that unless Playboy could identify users who “in fact downloaded — rather than simply viewing — the material in question,” the case should be dismissed. However, Playboy rejects the argument, claiming it is based on an erroneous interpretation of the law.

Citing the Grokster decision once more, the adult publisher notes that the Supreme Court found that someone infringes contributorily when they intentionally induce or encourage direct infringement.

“The argument that contributory infringement only lies where the defendant’s actions result in further infringement ignores the ‘or’ and collapses ‘inducing’ and ‘encouraging’ into one thing when they are two distinct things,” Playboy writes.

As for Boing Boing’s four classic fair use arguments, the publisher describes these as “extremely weak” and proceeds to hit them one by one.

In respect of the purpose and character of the use, Playboy discounts Boing Boing’s position that the aim of its post was to show “how our standards of hotness, and the art of commercial erotic photography, have changed over time.” The publisher argues that is the exact same purpose of Playboy magazine, while highliting its publication Playboy: The Compete Centerfolds, 1953-2016.

Moving on to the second factor of fair use – the nature of the copyrighted work – Playboy notes that an entire album of artwork is involved, rather than just a single image.

On the third factor, concerning the amount and substantiality of the original work used, Playboy argues that in order to publish an opinion on how “standards of hotness” had developed over time, there was no need to link to all of the pictures in the archive.

“Had only representative images from each decade, or perhaps even each year, been taken, this would be a very different case — but Happy Mutants cannot dispute that it knew it was linking to an illegal library of ‘Every Playboy Playmate Centerfold Ever’ since that is what it titled its blog post,” Playboy notes.

Finally, when considering the effect of the use upon the potential market for or value of the copyrighted work, Playbody says its archive of images continues to be monetized and Boing Boing’s use of infringing images jeopardizes that.

“Given that people are generally not going to pay for what is freely available, it is disingenuous of Happy Mutants to claim that promoting the free availability of infringing archives of Playboy’s work for viewing and downloading is not going to have an adverse effect on the value or market of that work,” the publisher adds.

While it appears the parties agree on very little, there is agreement on one key aspect of the case – its wider importance.

On the one hand, Playboy insists that a finding in its favor will ensure that people can’t commercially exploit infringing content with impunity. On the other, Boing Boing believes that the health of the entire Internet is at stake.

“The world can’t afford a judgment against us in this case — it would end the web as we know it, threatening everyone who publishes online, from us five weirdos in our basements to multimillion-dollar, globe-spanning publishing empires like Playboy,” the company concludes.

Playboy’s opposition to Happy Mutants’ motion to dismiss can be found here (pdf)

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Linking Is Not Copyright Infringement, Boing Boing Tells Court

Post Syndicated from Ernesto original https://torrentfreak.com/linking-is-not-copyright-infringement-boing-boing-tells-court-180119/

Late last year Playboy sued the popular blog Boing Boing for publishing an article that linked to an archive of every playmate centerfold till then.

“Kind of amazing to see how our standards of hotness, and the art of commercial erotic photography, have changed over time,” Boing Boing’s Xena Jardin commented.

Playboy, instead, was amazed that infringing copies of their work were being shared in public. While Boing Boing didn’t upload or store the images in question, the publisher took the case to court.

The blog’s parent company Happy Mutants was accused of various counts of copyright infringement, with Playboy claiming that it exploited their playmates’ images for commercial purposes.

Boing Boing sees things differently. With help from the Electronic Frontier Foundation, it has filed a motion to dismiss the case, arguing that hyperlinking is not copyright infringement.

“This lawsuit is frankly mystifying. Playboy’s theory of liability seems to be that it is illegal to link to material posted by others on the web — an act performed daily by hundreds of millions of users of Facebook and Twitter, and by journalists like the ones in Playboy’s crosshairs here,” they write.

The article in question

The defense points out that Playboy’s complaint fails to state a claim for direct or contributory copyright infringement. In addition, it argues that this type of reporting should be seen as fair use.

“Boing Boing’s reporting and commenting on the Playboy photos is protected by copyright’s fair use doctrine,” EFF Senior Staff Attorney Daniel Nazer says, commenting on the case.

“We’re asking the court to dismiss this deeply flawed lawsuit. Journalists, scientists, researchers, and everyday people on the web have the right to link to material, even copyrighted material, without having to worry about getting sued.”

The lawsuit shares a lot of similarities with the case between Dutch blog GeenStijl and local Playboy publisher Sanoma. That high-profile case went all the way to the European Court of Justice.

The highest European court eventually decided that hyperlinks to infringing works are to be considered a ‘communication to the public,’ and that a commercial publication can indeed be held liable for copyright infringement.

Boing Boing hopes that US Courts will see things differently, or it might be “the end of the web as we know it.”

“The world can’t afford a judgment against us in this case — it would end the web as we know it, threatening everyone who publishes online, from us five weirdos in our basements to multimillion-dollar, globe-spanning publishing empires like Playboy,” Boing Boing writes.

A copy of Boing Boing’s memorandum in support of the motion to dismiss is available here (pdf). The original Playboy complaint can be found here (pdf).

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