Tag Archives: MegaUpload

Kim Dotcom Begins New Fight to Avoid Extradition to United States

Post Syndicated from Andy original https://torrentfreak.com/kim-dotcom-begins-new-fight-to-avoid-extradition-to-united-states-180212/

More than six years ago in January 2012, file-hosting site Megaupload was shut down by the United States government and founder Kim Dotcom and his associates were arrested in New Zealand.

What followed was an epic legal battle to extradite Dotcom, Mathias Ortmann, Finn Batato, and Bram van der Kolk to the United States to face several counts including copyright infringement, racketeering, and money laundering. Dotcom has battled the US government every inch of the way.

The most significant matters include the validity of the search warrants used to raid Dotcom’s Coatesville home on January 20, 2012. Despite a prolonged trip through the legal system, in 2014 the Supreme Court dismissed Dotcom’s appeals that the search warrants weren’t valid.

In 2015, the District Court later ruled that Dotcom and his associates are eligible for extradition. A subsequent appeal to the High Court failed when in February 2017 – and despite a finding that communicating copyright-protected works to the public is not a criminal offense in New Zealand – a judge also ruled in favor.

Of course, Dotcom and his associates immediately filed appeals and today in the Court of Appeal in Wellington, their hearing got underway.

Lawyer Grant Illingworth, representing Van der Kolk and Ortmann, told the Court that the case had “gone off the rails” during the initial 10-week extradition hearing in 2015, arguing that the case had merited “meaningful” consideration by a judge, something which failed to happen.

“It all went wrong. It went absolutely, totally wrong,” Mr. Illingworth said. “We were not heard.”

As expected, Illingworth underlined the belief that under New Zealand law, a person may only be extradited for an offense that could be tried in a criminal court locally. His clients’ cases do not meet that standard, the lawyer argued.

Turning back the clocks more than six years, Illingworth again raised the thorny issue of the warrants used to authorize the raids on the Megaupload defendants.

It had previously been established that New Zealand’s GCSB intelligence service had illegally spied on Dotcom and his associates in the lead up to their arrests. However, that fact was not disclosed to the District Court judge who authorized the raids.

“We say that there was misleading conduct at this stage because there was no reference to the fact that information had been gathered illegally by the GCSB,” he said.

But according to Justice Forrest Miller, even if this defense argument holds up the High Court had already found there was a prima facie case to answer “with bells on”.

“The difficulty that you face here ultimately is whether the judicial process that has been followed in both of the courts below was meaningful, to use the Canadian standard,” Justice Miller said.

“You’re going to have to persuade us that what Justice Gilbert [in the High Court] ended up with, even assuming your interpretation of the legislation is correct, was wrong.”

Although the US seeks to extradite Dotcom and his associates on 13 charges, including racketeering, copyright infringement, money laundering and wire fraud, the Court of Appeal previously confirmed that extradition could be granted based on just some of the charges.

The stakes couldn’t be much higher. The FBI says that the “Megaupload Conspiracy” earned the quartet $175m and if extradited to the US, they could face decades in jail.

While Dotcom was not in court today, he has been active on Twitter.

“The court process went ‘off the rails’ when the only copyright expert Judge in NZ was >removed< from my case and replaced by a non-tech Judge who asked if Mega was ‘cow storage’. He then simply copy/pasted 85% of the US submissions into his judgment," Dotcom wrote.

Dotcom also appeared to question the suitability of judges at both the High Court and Court of Appeal for the task in hand.

“Justice Miller and Justice Gilbert (he wrote that High Court judgment) were business partners at the law firm Chapman Tripp which represents the Hollywood Studios in my case. Both Judges are now at the Court of Appeal. Gilbert was promoted shortly after ruling against me,” Dotcom added.

Dotcom is currently suing the New Zealand government for billions of dollars in damages over the warrant which triggered his arrest and the demise of Megaupload.

The hearing is expected to last up to two-and-a-half weeks.

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

Kim Dotcom Sues Government for ‘Billions’ Over Erroneous Arrest

Post Syndicated from Ernesto original https://torrentfreak.com/kim-dotcom-sues-government-for-billions-over-erroneous-arrest-180121/

Six years ago, New Zealand police carried out a spectacular military-style raid against individuals accused only of copyright infringement.

Acting on allegations from the United States government and its Hollywood partners, New Zealand’s elite counter-terrorist force raided the mansion of Kim Dotcom, who was detained along with his wife and children.

Megaupload’s founder has always maintained that his arrest was unlawful under New Zealand law, and he is determined to hold the authorities accountable.

In addition to getting married and celebrating his birthday this weekend, the German born entrepreneur announced that he is seeking damages from the New Zealand Government.

“Today, 6 years ago, the NZ Govt enabled the unlawful destruction of Megaupload and seizure of my global assets,” Dotcom wrote on Twitter.

“I was arrested for the alleged online piracy of my users. Not even a crime in NZ. My lawyers have served a multi billion dollar damages claim against the Govt today,” he added.

Dotcom’s lawyer Ira Rothken informs TorrentFreak that a damages claim was filed at the New Zealand High Court last December.

“We confirm that our legal team filed a Statement of Claim in the New Zealand High Court for monetary damages on December 22, 2017 on behalf of Kim Dotcom against the United States and NZ governmental entities alleging that defendants pursued with malice and material non disclosure an erroneous arrest warrant,” Rothken says.

In the claim, Dotcom’s legal team argues that the arrest warrant was invalid. They say that there were no reasonable grounds on which the District Court could conclude that Dotcom’s alleged crimes were an extraditable offense.

The consequences, however, were rather severe. Dotcom lost his freedom and also his company, which was worth billions and preparing for an IPO, according to the legal paperwork.

“At the time the Restraint Orders were granted, second plaintiff was preparing to list on the Stock Exchange of Hong Kong at a conservative valuation of not less than US$2.6 billion,” the claim reads.

This valuation is based on a valuation of $40 for each of the 66 million users Megaupload had, which generated $45 million in profits per year. If Megaupload had not have been raided, today’s value could be as high as $10 billion.

Mega value

Dotcom has a 68 percent stake in the Megaupload companies and seeks damages that will compensate for lost profits. In addition, he requests compensation for legal costs, lost business opportunities, loss of reputation, and other losses.

The exact scale of the damages isn’t specified and will have to be determined at a later stage, before trial.

The claim doesn’t come as a surprise to the New Zealand Government, Prime Minister Jacinda Ardern said in a brief response.

“This has obviously been an ongoing matter, so no it doesn’t surprise me,” she commented.

A copy of the full claim is available here (pdf).

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Kim Dotcom Loses Megaupload Domain Names, Gets “Destroyed” Gaming Chair Back

Post Syndicated from Ernesto original https://torrentfreak.com/kim-dotcom-loses-megaupload-domain-names-gets-destroyed-gaming-chair-back-180117/

Following the 2012 raid on Megaupload and Kim Dotcom, U.S. and New Zealand authorities seized millions of dollars in cash and other property, located around the world.

Claiming the assets were obtained through copyright and money laundering crimes, the U.S. government launched separate civil cases in which it asked the court to forfeit bank accounts, servers, domain names, and other seized possessions of the Megaupload defendants.

One of these cases was lost after the U.S. branded Dotcom and his colleagues as “fugitives”.The defense team appealed the ruling, but lost again, and a subsequent petition at the Supreme Court was denied.

Following this lost battle, the U.S. also moved to conclude a separate civil forfeiture case, which was still pending at a federal court in Virginia.

The assets listed in this case are several bank accounts, including several at PayPal, as well as 60 servers Megaupload bought at Leaseweb. What has the most symbolic value, however, are the domain names that were seized, including Megaupload.com, Megaporn.com and Megavideo.com.

Mega’s domains

This week a U.S. federal court decided that all claims of Kim Dotcom, his former colleague Mathias Ortman, and several Megaupload-related companies should be stricken. A default was entered against them on Tuesday.

The same fugitive disentitlement argument was used in this case. This essentially means that someone who’s considered to be a fugitive from justice is not allowed to get relief from the judicial system he or she evades.

“Claimants Kim Dotcom and Mathias Ortmann have deliberately avoided prosecution by declining to enter or reenter the United States,” Judge Liam O’Grady writes in his order to strike the claims.

“Because Claimant Kim Dotcom, who is himself a fugitive under Section 2466, is the Corporate Claimants’ controlling shareholder and, in particular, because he signed the claims on behalf of the corporations, a presumption of disentitlement applies to the corporations as well.”

As a result, the domain names which once served 50 million users per day, are now lost to the US Government. The court records list 18 domains in total, which were registered through Godaddy, DotRegistrar, and Fabulous.

Given the legal history, the domains and other assets are likely lost for good. However, Megaupload defense lawyer Ira Rothken is not giving up yet.

“We are still evaluating the legal options in a climate where Kim Dotcom is being labeled a fugitive in a US criminal copyright case even though he has never been to the US, is merely asserting his US-NZ extradition treaty rights, and the NZ High Court has ruled that he and his co-defendants did not commit criminal copyright infringement under NZ law,” Rothken tells TorrentFreak.

There might be a possibility that assets located outside the US could be saved. Foreign courts are more open to defense arguments, it seems, as a Hong Kong court previously ordered the US to return several assets belonging to Kim Dotcom.

The Hong Kong case also brought some good news this week. At least, something that was supposed to be positive. On Twitter, Dotcom writes that two containers with seized assets were returned, but in a “rotten and destroyed” state.

“A shipment of 2 large containers just arrived in New Zealand. This is how all my stuff looks now. Rotten & destroyed. Photo: My favorite gaming chair,” Dotcom wrote.

According to Dotcom, the US Government asked him to pay for ‘climate controlled’ storage for more than half a decade to protect the seized goods. However, judging from the look of the chair and the state of some other belongings, something clearly went wrong.

Rotten & destroyed

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No Level of Copyright Enforcement Will Ever Be Enough For Big Media

Post Syndicated from Andy original https://torrentfreak.com/no-level-of-copyright-enforcement-will-ever-be-enough-for-big-media-180107/

For more than ten years TorrentFreak has documented a continuous stream of piracy battles so it’s natural that, every now and then, we pause to consider when this war might stop. The answer is always “no time soon” and certainly not in 2018.

When swapping files over the Internet first began it wasn’t a particularly widespread activity. A reasonable amount of content was available, but it was relatively inaccessible. Then peer-to-peer came along and it sparked a revolution.

From the beginning, copyright holders felt that the law would answer their problems, whether that was by suing Napster, Kazaa, or even end users. Some industry players genuinely believed this strategy was just a few steps away from achieving its goals. Just a little bit more pressure and all would be under control.

Then, when the landmark MGM Studios v. Grokster decision was handed down in the studios’ favor during 2005, the excitement online was palpable. As copyright holders rejoiced in this body blow for the pirating masses, file-sharing communities literally shook under the weight of the ruling. For a day, maybe two.

For the majority of file-sharers, the ruling meant absolutely nothing. So what if some company could be held responsible for other people’s infringements? Another will come along, outside of the US if need be, people said. They were right not to be concerned – that’s exactly what happened.

Ever since, this cycle has continued. Eager to stem the tide of content being shared without their permission, rightsholders have advocated stronger anti-piracy enforcement and lobbied for more restrictive interpretations of copyright law. Thus far, however, literally nothing has provided a solution.

One would have thought that given the military-style raid on Kim Dotcom’s Megaupload, a huge void would’ve appeared in the sharing landscape. Instead, the file-locker business took itself apart and reinvented itself in jurisdictions outside the United States. Meanwhile, the BitTorrent scene continued in the background, somewhat obliviously.

With the SOPA debacle still fresh in relatively recent memory, copyright holders are still doggedly pursuing their aims. Site-blocking is rampant, advertisers are being pressured into compliance, and ISPs like Cox Communications now find themselves responsible for the infringements of their users. But has any of this caused any fatal damage to the sharing landscape? Not really.

Instead, we’re seeing a rise in the use of streaming sites, each far more accessible to the newcomer than their predecessors and vastly more difficult for copyright holders to police.

Systems built into Kodi are transforming these platforms into a plug-and-play piracy playground, one in which sites skirt US law and users can consume both at will and in complete privacy. Meanwhile, commercial and unauthorized IPTV offerings are gathering momentum, even as rightsholders try to pull them back.

Faced with problems like these we are now seeing calls for even tougher legislation. While groups like the RIAA dream of filtering the Internet, over in the UK a 2017 consultation had copyright holders excited that end users could be criminalized for simply consuming infringing content, let alone distributing it.

While the introduction of both or either of these measures would cause uproar (and rightly so), history tells us that each would fail in its stated aim of stopping piracy. With that eventuality all but guaranteed, calls for even tougher legislation are being readied for later down the line.

In short, there is no law that can stop piracy and therefore no law that will stop the entertainment industries coming back for harsher measures, pursuing the dream. This much we’ve established from close to two decades of litigation and little to no progress.

But really, is anyone genuinely surprised that they’re still taking this route? Draconian efforts to maintain control over the distribution of content predate the file-sharing wars by a couple of hundred years, at the very least. Why would rightsholders stop now, when the prize is even more valuable?

No one wants a minefield of copyright law. No one wants a restricted Internet. No one wants extended liability for innovators, service providers, or the public. But this is what we’ll get if this problem isn’t solved soon. Something drastic needs to happen, but who will be brave enough to admit it, let alone do something about it?

During a discussion about piracy last year on the BBC, the interviewer challenged a caller who freely admitted to pirating sports content online. The caller’s response was clear:

For far too long, broadcasters and rightsholders have abused their monopoly position, charging ever-increasing amounts for popular content, even while making billions. Piracy is a natural response to that, and effectively a chance for the little guy to get back some control, he argued.

Exactly the same happened in the music market during the late 1990s and 2000s. In response to artificial restriction of the market and the unrealistic hiking of prices, people turned to peer-to-peer networks for their fix. Thanks to this pressure but after years of turmoil, services like Spotify emerged, converting millions of former pirates in the process. Netflix, it appears, is attempting to do the same thing with video.

When people feel that they aren’t getting ripped off and that they have no further use for sub-standard piracy services in the face of stunning legal alternatives, things will change. But be under no illusion, people won’t be bullied there.

If we end up with an Internet stifled in favor of rightsholders, one in which service providers are too scared to innovate, the next generation of consumers will never forget. This will be a major problem for two key reasons. Not only will consumers become enemies but piracy will still exist. We will have come full circle, fueled only by division and hatred.

It’s a natural response to reject monopolistic behavior and it’s a natural response, for most, to be fair when treated with fairness. Destroying freedom is far from fair and will not create a better future – for anyone.

Laws have their place, no sane person will argue against that, but when the entertainment industries are making billions yet still want more, they’ll have to decide whether this will go on forever with building resentment, or if making a bit less profit now makes more sense longer term.

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

New Zealand Prepares Consultation to Modernize Copyright Laws

Post Syndicated from Andy original https://torrentfreak.com/new-zealand-prepares-consultation-to-modernize-copyright-laws-171218/

The Copyright Act 1994 is the key legislation governing New Zealand’s handling of intellectual property issues, covering protection, infringement, exceptions and enforcement. It last underwent a review more than a decade ago resulting in the Copyright (New Technologies) Amendment Act 2008.

Like much copyright law worldwide, New Zealand’s legislation has struggled to keep pace with technological change so, during the summer, the last government announced plans for a review with several key goals:

Assess the performance of the Copyright Act against the objectives of New Zealand’s copyright regime.

Identify barriers to achieving the objectives of New Zealand’s copyright regime, and the level of impact that these barriers have.

Formulate a preferred approach to addressing these issues – including amendments to the Copyright Act, and the commissioning of further work on any other regulatory or non-regulatory options that are identified.

The former government planned to initiate a public consultation in the second quarter of 2018, with a review being informed by the responses. According to an announcement Friday, the new government plans to go ahead with the overhaul, beginning in April as previously envisioned.

Many of the hot topics in the United States, Europe and closer to home in Australia are expected to come to the forefront, including site-blocking, service provider safe harbor provisions, and the thorny issue of fair use.

Speaking with RadioNZ, New Zealand Screen Association managing director Matthew Cheetham says that new legislation is required to keep pace with a rapidly moving landscape.

“In New Zealand, piracy is almost an accepted thing, because no one’s really doing anything about it, because no one actually can do anything about it,” Cheetham says.

“As new technologies have evolved, the law has struggled to keep pace with those new technologies and to make sure that the law is fit for purpose in the digital age.”

As the local representative for several Hollywood studios, it’s no surprise that NZSA will be seeking amendments that will force ISPs to block access to popular pirate sites, as they do already in the UK, Europe, and Australia.

“If the site is infringing [a court] can order internet service providers to block access to that site. Forty-two countries around the world have recognised that blocking access when it’s carefully defined is a perfectly legitimate avenue for rights holders to protect their rights,” Cheetham notes.

While there hasn’t been a major copyright overhaul in more than a decade, New Zealand is no stranger to prolonged exercises to try and stop piracy.

The country spent huge amounts of time and money late last decade in order to come up with the Copyright (Infringing File Sharing) Amendment Act 2011. It laid out a system under which pirates received escalating warnings culminating in eventual disconnection from the Internet. But, with escalating costs (between NZ$20 and NZ$25 per notice), the scheme was ultimately an expensive flop.

“We have an entire regime that allows copyright holders to seek and send notices to users that are committing piracy and actually have a process in a court-based system that allows remedies to be pursued,” Internet New Zealand deputy chief executive Andrew Cushen told RadioNZ.

“None of them are using it. Why would we now look at a wholly different solution that none of them are going to use as well?”

As someone who has been acutely affected by New Zealand’s approach to intellectual property rights enforcement, Kim Dotcom certainly has an interest in the development of local copyright law. The Megaupload founder was arrested in 2012 for alleged copyright offenses that he insists aren’t even a crime in New Zealand. So what advice does he have for the review?

According to the entrepreneur, the NZ Copyright Act is “mostly good”, noting that it protects both ISPs and consumers. Given the chance, however, he would remind judges about the purpose of the act.

“The NZ Copyright Act is a code. The Copyright Act creates a special property right. No other act applies to this special property right, including the crimes act,” Dotcom informs TF.

“This might be a helpful yardstick for Judges who don’t understand the Copyright Act and attempt to create new and unintended law from the bench. Just like in my case.”

Only time will tell how the public consultation will play out but it seems likely that tackling the “Value Gap” situation will be high up the agenda, especially if that can be achieved by eroding Internet companies’ safe harbors under copyright law. Expect that to receive significant push-back from the technology sector.

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Kim Dotcom’s Extradition Battle Suffers High Court Setback

Post Syndicated from Andy original https://torrentfreak.com/kim-dotcoms-extradition-battle-suffers-high-court-setback-171215/

In 2012, file-hosting site Megaupload was shut down by the United States government and founder Kim Dotcom and his associates were arrested in New Zealand.

Ever since, the US government has sought to extradite Dotcom on several counts including copyright infringement, racketeering, and money laundering. Dotcom has fought them every single step of the way.

One of the key areas of conflict has been the validity of the search warrants used to raid his Coatesville home on January 20, 2012. The fight has been meticulous and lengthy but in 2014, following appeals to lower courts, the Supreme Court finally dismissed Dotcom’s appeals that the search warrants weren’t valid.

Following a three-month hearing, the District Court later found that Dotcom was eligible for extradition. Dotcom appealed again but in February 2017 the High Court ruled that the entrepreneur could indeed be transferred to the United States.

Dotcom subsequently appealed the High Court decision to the Court of Appeal, a hearing that will go ahead in February 2018. Last summer, the Megaupload founder also “attacked the underpinnings of the extradition process” by filing an eight-point statement of claim for judicial review. This morning the High Court handed down its decision and it looks like bad news for Dotcom

The causes of action presented by the Megaupload founder were varied but began by targeting the validity of the arrest warrants used in January 2012 and by extension every subsequent process, including the extradition effort itself.

“Accordingly, the relief sought includes orders that the extradition proceeding be quashed or set aside and that Mr Dotcom be discharged,” the ruling reads.

However, the Court describes this argument as an abuse of process, noting that the Supreme Court has already upheld the validity of the search warrants and a High Court ruling confirmed the District Court’s finding that Dotcom is eligible for extradition, a process that will soon head to the Court of Appeal.

But Dotcom’s arguments continued, with attacks on the validity of search warrants and a request to quash them and return all property seized under their authority. Another point asserted that a US request to seize Dotcom’s assets in New Zealand was invalid because no extraditable offense had been committed.

Unfortunately for Dotcom, none of his detailed arguments gained traction with the Hight Court. In his decision, Justice Timothy Brewer sides with the US government which previously described the efforts as “collateral attacks on previous decisions of the Courts and an attempt to pre-empt Mr Dotcom’s appeal.”

The Judge eventually rejected seven out of the eight causes of action in a 22-page ruling (pdf) published this morning.

“I have granted the USA’s application to strike out causes of action 1 to 7 of the statement of claim for judicial review dated 21 July 2017. The proceeding is now ‘live’ only in relation to the eighth cause of action,” Justice Brewer writes.

“I direct that the proceeding be listed for mention in relation to the eighth cause of action in the duty list at 10:00 am on 7 February 2018.”

The eighth point, which wasn’t challenged by the US, concerns the “decision by the Deputy Solicitor-General in June 2017 to direct that clones be made of the electronic devices seized from Mr Dotcom’s homes and that they be sent to the USA.”

A few minutes ago, Dotcom took to Twitter with an apparent upbeat reference to the ruling.

Like all things Dotcom, the show won’t be over until every last stone has been unturned. Next stop, Court of Appeal in February.

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Kim Dotcom Wins Settlement Over Military-Style Police Raid

Post Syndicated from Andy original https://torrentfreak.com/kim-dotcom-wins-settlement-military-style-police-raid-171103/

It’s been spoken about thousands of times in the past half-decade but the 2012 raid on Kim Dotcom’s home in New Zealand was extraordinary by any standard.

At the behest of the US Government, 72 police officers – including some from the elite heavily armed Special Tactics Group (STG) – descended on Dotcom’s Coatesville mansion. Two helicopters were used during the raid, footage from which was later released to the public as the scale and nature of the operation became clear.

To be clear, no one in the Dotcom residence had any history of violence. Nevertheless, considerable force was used to attack rooms in the building, all of it aimed at detaining the founder of what was then the world’s most famous file-hosting site. The FBI, it seems, would stop at nothing in pursuit of the man they claimed was the planet’s most notorious copyright infringer.

As the dust settled, it became clear that the overwhelming use of force was not only unprecedented but also completely unnecessary, a point Dotcom himself became intent on pressing home.

The entrepreneur was particularly angry at the treatment received by former wife Mona, who was seven months pregnant with twins at the time. So, in response, the Megaupload founder and his wife sued the police, hoping to hold the authorities to account for their actions.

The case has dragged on for years but this morning came news of a breakthrough. According to information released by Kim Dotcom, the lawsuit has been resolved after a settlement was reached with the police.

“Today, Mona and I are glad to reach a confidential settlement of our case against the New Zealand Police. We have respect for the Police in this country. They work hard and have, with this one exception, treated me and my family with courtesy and respect,” Dotcom said.

“We were shocked at the uncharacteristic handling of my arrest for a non-violent Internet copyright infringement charge brought by the United States, which is not even a crime in New Zealand.”

Dotcom said police could have simply asked to be let in, at which point he could have been arrested. Instead, under pressure from US authorities and “special interests in Hollywood”, they turned the whole event into a massive publicity stunt aimed at pleasing the US.

“The New Zealand Police we know do not carry guns. They try to resolve matters in a non-violent manner, unlike what we see from the United States. We are sad that our officers, good people simply doing their job, were tainted by US priorities and arrogance,” Dotcom said.

“We sued the Police because we believed their military-style raid on a family with children in a non-violent case went far beyond what a civilised community should expect from its police force. New Zealanders deserve and should expect better.”

Kim Dotcom has developed a reputation for fighting back across all aspects of his long-running case, and this particular action was no different. He’d planned to take the case all the way to the High Court but in the end decided that doing so wouldn’t be in the best interests of his family.

Noting that New Zealand has a new government “for the better”, Dotcom said that raking up the past would only serve to further disrupt his family.

“Our children are now settled and integrated safely here into their community and they love it. We do not want to relive past events. We do not want to disrupt our children’s new lives. We do not want to revictimise them. We want them to grow up happy,” he said.

“That is why we chose New Zealand to be our family home in the first place. We are fortunate to live here. Under the totality of the circumstances, we thought settlement was best for our children.”

According to NZ Herald, the Dotcoms aren’t the only ones to have made peace with the police. Other people arrested in 2012, including Dotcom associates Bram van der Kolk and Mathias Ortmann, were paid six-figure sums to settle. The publication speculates that as the main target of the raid, Dotcom’s settlment amount would’ve been more.

But while this matter is now closed, others remain. It was previously determined that Kiwi spy agency the Government Communications Security Bureau (GCSB) unlawfully spied on the Dotcoms over an extended period. Ron Mansfield, New Zealand counsel for the Dotcoms, says that case will continue.

“The GCSB refuses to disclose what it did or the actual private communications it stole. The Dotcoms understandably believe that they are entitled to know this. That action is pending appeal in the Court of Appeal,” he says.

Also before the Court of Appeal is the case to extradite Dotcom and his associates to the United States. That hearing is set for February 2018 but whatever the outcome, a further appeal to the Supreme Court is likely, meaning that Dotcom will remain in New Zealand until 2020, at least.

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Kim Dotcom Asks Court For $829K to Fund Family Expenses

Post Syndicated from Andy original https://torrentfreak.com/kim-dotcom-asks-court-for-829k-to-fund-family-expenses-171102/

When Megaupload was shut down in January 2012, US authorities did everything within their power to financially ruin Kim Dotcom and his associates.

Aside from taking much of his personal property, tens of millions of dollars of assets were seized around the world.

Under instruction from the U.S. government, US$42.57m in assets were seized in Hong Kong and since then Dotcom has been trying to claw it back, bit by bit.

Back in July, Dotcom revealed that the Hong Kong High Court had released more of his funds, plus four containers of seized property. Noting that he missed the country, he gave thanks for the lifeline.

“Thanks to a Hong Kong Judge my family can move to Queenstown and my kids will be surrounded by beautiful mountains & lakes instead of spies,” Dotcom said.

That move eventually went ahead, with Dotcom regularly tweeting beautiful waterside views from his new home over the past few months. But of course, nice things tend to cost quite a bit of money, so Dotcom’s legal team have been working hard in Hong Kong to have more funds released.

According to a report from NZHerald, his latest request is fairly sizeable, reaching NZ$1.2m (US$829,400), everything considered.

First up, Dotcom is seeking around NZ$1m (US$691,200) for costs relating to his relocation from Auckland to Queenstown. That’s comprised of two years worth of rent at NZ$40,000 (US$27,648) per month (no typo), plus NZ$150,000 (US$103,680) to cover the actual cost of the move.

On top, Dotcom is looking for NZ$73,000 (US$50,457) per month for living expenses, an amount that’s roughly US$2,000 per month up on the amount he currently receives.

According to the report, Dotcom’s team are also proposing a further amount of NZ$200,000 (US$138,240) to cover emergency items including “medical expenses of the family, car maintenance, household repairs and two holidays of the family”.

It seems unlikely that this will be the final request from Dotcom. According to Gerard McCoy, Dotcom’s lawyer in Hong Kong, the extradition process in New Zealand is nowhere near complete. In fact, McCoy told the court that proceedings won’t be completed during the next two years.

That takes us to 2020, at least, meaning that Dotcom will still be in New Zealand a full eight years after the raid. Given the massive number of court battles and subsequent appeals into every detail of several resulting cases, that’s probably not a surprise, however.

The progress in the extradition process itself is also somewhat glacial, with the next hearing set for the first quarter of 2018 in the Court of Appeal. If past experience is anything to go by, neither side will be happy with the outcome. This means that an appeal to the Supreme Court is almost inevitable.

Over in the United States, progress has also been slow. Recently, a petition from Dotcom and his former Megaupload colleagues over millions of dollars in seized assets was denied by the US Supreme Court.

While this decision means that the battle over a further US$67 million in assets has been exhausted, the question of whether Dotcom and former colleagues Mathias Ortmann, Bram van der Kolk and Finn Batato will ever stand trial in the US remains unanswered.

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

Lose Yourself: National Party Guilty of Eminem Copyright Infringement

Post Syndicated from Ernesto original https://torrentfreak.com/lose-yourself-national-party-guilty-of-eminem-copyright-infringement-171025/

In recent years, New Zealand has been the center stage of the largest copyright battle in Internet history; the criminal prosecution of Megaupload and several of its former employees.

In 2012, the country’s law enforcement officials helped to bring down the file-sharing site, including a military-style raid on its founder, Kim Dotcom.

While the Megaupload case is still ongoing, a separate copyright battle in New Zealand came to a conclusion this week. In this case, the country’s leading National Party was the accused.

In 2014 the party of former Prime Minister and Kim Dotcom nemesis John Key was sued for copyright infringement by Eminem’s publisher Eight Mile Style. In an advertising spot for the General Election campaign, the party used a song heavily inspired by the track “Lose Yourself.” A blatant copyright infringement, they argued.

This week the High Court agreed with the publisher ruling that the ad indeed infringed on their copyright. The National Party must now pay a total of $600,000 (415,000 USD) including damages and interest, NZ Herald reports.

Recognizing the irony, Kim Dotcom swiftly took the matter to Twitter. He launched a poll asking who’s guilty of copyright infringement, him or the National Party? The results are, as expected, in his favor.

Lose Yourself?

Dotcom sees the matter as something the old government is responsible for and he has more faith in the current leadership.

“All I can say is that the irony of this is hilarious and that Karma has finally caught up with the corrupt !former! National government. Honest people are now running New Zealand and the courts will be busy dealing with the crimes committed by the last government,” Dotcom informs us.

The National Party didn’t simply use the song without paying for it. They actually sought professional advice before starting the campaign and licensed a track called Eminem Esque, which is the one they used in the ad.

While the party hoped to avoid more expensive licensing fees by using the knock-off song, the High Court ruled that the similarities between Lose Yourself and Eminem Esque are so significant that it breached copyright.

And indeed, the music used in the ad campaign below is quite similar to the original Eminem track.

National Party president Peter Goodfellow is disappointed with the outcome and stresses that the party did not act flagrantly and properly licensed the song that was used.

“The music was licensed with one of New Zealand’s main industry copyright bodies, the Australasian Mechanical Copyright Owners Society. Being licensed and available for purchase, and having taken advice from our suppliers, the party believed the purchase was legal.”

The fact that the Party sought advice and licensed the knock-off track was taken into account. The High Court didn’t award any additional damages, but nonetheless, the copyright infringement claims stuck.

The other camp was more positive about the outcome. Adam Simpson, who represented Eminem’s publisher, described the ruling as a win for musicians and a warning to those who infringe on their rights.

“The ruling clarifies and confirms the rights of artists and songwriters. It sets a major precedent in New Zealand and will be influential in Australia, the UK and elsewhere,” Simpson said.

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

MPAA and RIAA’s Megaupload Lawsuits Remain on Hold

Post Syndicated from Ernesto original https://torrentfreak.com/mpaa-and-riaas-megaupload-lawsuits-remain-on-hold-171023/

More than half a decade has passed since Megaupload was shut down and it’s still unclear how the criminal proceedings will unfold.

Aside from Andrus Nomm’s plea deal, progress in the criminal proceedings has been slow.

Earlier this year there was some movement when the New Zealand High Court ruled that Kim Dotcom and his former colleagues can be extradited to the US. This extradition would not be on copyright grounds, but for conspiracy to defraud.

Following the ruling, Dotcom and his former colleagues quickly announced they would take the matter to the Court of Appeal. This process is still pending and may take several more months to complete.

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

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

This is not the first time that such a request had been made. There have been several extensions already.

At the time of the last request, there were concerns that the long delays could result in the destruction of evidence, as some of Megaupload’s hard drives were starting to fail. However, after the parties agreed on a solution to back-up and restore the files, this is no longer an issue.

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

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

To be continued.

Order to stay

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

Google Asked to Delist Pirate Movie Sites, ISPs Asked to Block Them

Post Syndicated from Andy original https://torrentfreak.com/google-asked-to-delist-pirate-movie-sites-isps-asked-to-block-them-171018/

After seizing several servers operated by popular private music tracker What.cd, last November French police went after a much bigger target.

Boasting millions of regular visitors, Zone-Telechargement (Zone-Download) was ranked the 11th most-visited website in the whole of the country. The site offered direct downloads of a wide variety of pirated content, including films, series, games, and music. Until the French Gendarmerie shut it down, that is.

After being founded in 2011 and enjoying huge growth following the 2012 raids against Megaupload, the Zone-Telechargement ‘brand’ was still popular with French users, despite the closure of the platform. It, therefore, came as no surprise that the site was quickly cloned by an unknown party and relaunched as Zone-Telechargement.ws.

The site has been doing extremely well following its makeover. To the annoyance of copyright holders, SimilarWeb reports the platform as France’s 37th most popular site with around 58 million visitors per month. That’s a huge achievement in less than 12 months.

Now, however, the site is receiving more unwanted attention. PCInpact says it has received information that several movie-focused organizations including the French National Film Center are requesting tough action against the site.

The National Federation of Film Distributors, the Video Publishing Union, the Association of Independent Producers and the Producers Union are all demanding the blocking of Zone-Telechargement by several local ISPs, alongside its delisting from search results.

The publication mentions four Internet service providers – Free, Numericable, Bouygues Telecom, and Orange – plus Google on the search engine front. At this stage, other search companies, such as Microsoft’s Bing, are not reported as part of the action.

In addition to Zone-Telechargement, several other ‘pirate’ sites (Papystreaming.org, Sokrostream.cc and Zonetelechargement.su, another site playing on the popular brand) are included in the legal process. All are described as “structurally infringing” by the complaining movie outfits, PCInpact notes.

The legal proceedings against the sites are based in Article 336-2 of the Intellectual Property Code. It’s ground already trodden by movie companies who following a 2011 complaint, achieved victory in 2013 against several Allostreaming-linked sites.

In that case, the High Court of Paris ordered ISPs, several of which appear in the current action, to “implement all appropriate means including blocking” to prevent access to the infringing sites.

The Court also ordered Google, Microsoft, and Yahoo to “take all necessary measures to prevent the occurrence on their services of any results referring to any of the sites” on their platforms.

Also of interest is that the action targets a service called DL-Protecte.com, which according to local anti-piracy agency HADOPI, makes it difficult for rightsholders to locate infringing content while at the same time generates more revenue for pirate sites.

A judgment is expected in “several months.”

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.

Supreme Court Denies Kim Dotcom’s Petition Over Seized Millions

Post Syndicated from Ernesto original https://torrentfreak.com/supreme-court-denies-kim-dotcoms-petition-over-seized-millions-171002/

megaupload-logoFollowing the 2012 raid on Megaupload and Kim Dotcom, U.S. and New Zealand authorities seized millions of dollars in cash and other property.

Claiming the assets were obtained through copyright and money laundering crimes, the U.S. Government launched a separate civil action in which it asked the court to forfeit the bank accounts, cars, and other seized possessions of the Megaupload defendants.

The U.S. branded Dotcom and his colleagues as “fugitives” and won their case. Dotcom’s legal team quickly appealed this verdict, but lost once more at the Fourth Circuit appeals court.

Dotcom then petitioned the US Supreme Court to hear the case.

The crux of the case is whether or not the District Court’s order to forfeit an estimated $67 million in assets was right. The defense held that Dotcom and the other Megaupload defendants were wrongfully labeled as fugitives by the Department of Justice, and wanted the ruling overturned.

The Supreme Court, however, decided not to hear the case, it announced today. The news comes as a setback to Megaupload’s legal team, who had hoped for a better outcome.

“We are disappointed in the US Supreme Court’s denial of the Cert Petition – it is a bad day for due process and international treaties,” Ira Rothken, Kim Dotcom’s counsel, informs TorrentFreak.

“Kim Dotcom has never been to the United States, is presumed innocent, and is lawfully opposing extradition under the US – New Zealand Treaty – yet the US by merely labeling him as a fugitive gets a judgment to take all of his assets with no due process.”

The Supreme Court’s decision not to hear the case doesn’t mean that the assets are all lost. Many of the funds are located abroad in New Zealand and Hong Kong, and the defense will now focus its efforts on these jurisdictions.

“The New Zealand and Hong Kong courts, who have authority over the assets, will now need to weigh in on this issue and we are cautiously optimistic that they will take a dim view of the Fugitive Disentitlement Doctrine and oppose US efforts to seize such assets,” Rothken says.

The actions of the US Department of Justice violate the prohibition against double jeopardy in the US – New Zealand extradition process, Dotcom’s legal team argues.

With the assets forfeiture, the Megaupload defendants have now been punished for the copyright infringement allegations in the indictment. On top of this they risk a possible extradition to face a second punishment in the US, which places the defendants in double jeopardy, Rothken explains.

So, while the legal options in the United States have run out, the seized assets battle is far from over.

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.

Julia Reda MEP Likened to Nazi in Sweeping Anti-Pirate Rant

Post Syndicated from Andy original https://torrentfreak.com/julia-reda-mep-likened-to-nazi-in-sweeping-anti-pirate-rant-170926/

The debate over copyright and enforcement thereof is often polarized, with staunch supporters on one side, objectors firmly on the other, and never the twain shall meet.

As a result, there have been some heated battles over the years, with pro-copyright bodies accusing pirates of theft and pirates accusing pro-copyright bodies of monopolistic tendencies. While neither claim is particularly pleasant, they have become staples of this prolonged war of words and as such, many have become desensitized to their original impact.

This morning, however, musician and staunch pro-copyright activist David Lowery published an article which pours huge amounts of gas on the fire. The headline goes straight for the jugular, asking: Why is it Every Time We Turn Over a Pirate Rock White Nationalists, Nazi’s and Bigots Scurry Out?

Lowery’s opening gambit in his piece on The Trichordist is that one only has to scratch below the surface of the torrent and piracy world in order to find people aligned with the above-mentioned groups.

“Why is it every time we dig a little deeper into the pro-piracy and torrenting movement we find key figures associated with ‘white nationalists,’ Nazi memorabilia collectors, actual Nazis or other similar bigots? And why on earth do politicians, journalists and academics sing the praises of these people?” Lowery asks.

To prove his point, the Camper Van Beethoven musician digs up the fact that former Pirate Bay financier Carl Lündstrom had some fairly unsavory neo-fascist views. While this is not in doubt, Lowery is about 10 tens years too late if he wants to tar The Pirate Bay with the extremist brush.

“It’s called guilt by association,” Pirate Bay co-founder Peter Sunde explained in 2007.

“One of our previous ISPs [owned by Lündstrom] (with clients like The Red Cross, Save the Children foundation etc) gave us cheap bandwidth since one of the guys in TPB worked there; and one of the owners [has a reputation] for his political opinions. That does NOT make us in any way associated to what political views anyone else might or might not have.”

After dealing with TPB but failing to include the above explanation, Lowery moves on to a more recent target, Megaupload founder Kim Dotcom. Dotcom owns an extremely rare signed copy of Hitler’s autobiographical manifesto, Mein Kampf (My Struggle) and once wore a German World War II helmet. It’s a mistake Prince Harry made in 2005 too.

“I’ve bought memorabilia from Churchill, from Stalin, from Hitler,” Dotcom said in response to the historical allegations. “Let me make absolutely clear, OK. I’m not buying into the Nazi ideology. I’m totally against what the Nazis did.”

With Dotcom dealt with, Lowery then turns his attention to the German Pirate Party’s Julia Reda. As a Member of the European Parliament, Reda has made it her mission to deal with overreaching copyright law, which has made her a bit of a target. That being said, would anyone really try to shoehorn her into the “White Nationalists, Nazi’s and Bigots” bracket?

They would.

In his piece, Lowery highlights comments made by Reda last year, when she complained about the copyright situation developing around the diary written by Anne Frank, which detailed the horrors of living in occupied countries during World War II.

Anne Frank died in 1945 which means that the book was elevated into the public domain in the Netherlands on January 1, 2016, 70 years after her death. A copy was made available at Wikisource, a digital library of free texts maintained by the Wikimedia Foundation, which also operates Wikipedia.

However, in early February that same year, Anne Frank’s diary became unavailable, since U.S. copyright law dictates that works are protected for 95 years from date of publication.

“Today, in an unfortunate example of the overreach of the United States’ current copyright law, the Wikimedia Foundation removed the Dutch-language text of The Diary of a Young Girl,” said Jacob Rogers, Legal Counsel for the Wikimedia Foundation

“We took this action to comply with the United States’ Digital Millennium Copyright Act (DMCA), as we believe the diary is still under US copyright protection under the law as it is currently written,” he added.

Lowery ignores this background in its entirety. He actually ignores all of it in an effort to paint a picture of Reda engaging in some far-right agenda. Lowery even places emphasis on Reda’s nationality to force his point home.

“I don’t really know what to make of her except to say that this German politician really should find something other than the Anne Frank Diary and the Anne Frank Foundation to use as an example of a work that should be freely available in the public domain,” he writes.

“Think of all the copyrighted works out there for which she might reasonably argue a claim of public domain. She decided to pick the Anne Frank diary. Hmm.”

Lowery then accuses Reda of urging people on Twitter to pirate the book, in order to hurt the fight against anti-Semitism and somehow deprive Jewish people of an income.

“After all sales of the book are used by the Anne Frank Foundation to fight anti-semitism. It’s really quite a bad look for any MP, German or not. (Even if it is just the make-believe LARPing RPG EU Parliament),” Lowery writes.

“Or maybe that is the point? Defund the Anne Frank Foundation. Cause you know I read in the twittersphere that copyright producing media conglomerates are controlled by you-know-who.”

At this point, Lowery moves on to Fight For the Future, stating that their lack of racial diversity caused them to stumble into a racially charged copyright dispute involving the famous Martin Luther King speech.

The whole article can be read here but hopefully, most readers will recognize that America needs less division right now, not more hatred.

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

No, Google Drive is Definitely Not The New Pirate Bay

Post Syndicated from Andy original https://torrentfreak.com/no-google-drive-is-definitely-not-the-new-pirate-bay-170910/

Running close to two decades old, the world of true mainstream file-sharing is less of a mystery to the general public than it’s ever been.

Most people now understand the concept of shifting files from one place to another, and a significant majority will be aware of the opportunities to do so with infringing content.

Unsurprisingly, this is a major thorn in the side of rightsholders all over the world, who have been scrambling since the turn of the century in a considerable effort to stem the tide. The results of their work have varied, with some sectors hit harder than others.

One area that has taken a bit of a battering recently involves the dominant peer-to-peer platforms reliant on underlying BitTorrent transfers. Several large-scale sites have shut down recently, not least KickassTorrents, Torrentz, and ExtraTorrent, raising questions of what bad news may arrive next for inhabitants of Torrent Land.

Of course, like any other Internet-related activity, sharing has continued to evolve over the years, with streaming and cloud-hosting now a major hit with consumers. In the main, sites which skirt the borders of legality have been the major hosting and streaming players over the years, but more recently it’s become clear that even the most legitimate companies can become unwittingly involved in the piracy scene.

As reported here on TF back in 2014 and again several times this year (1,2,3), cloud-hosting services operated by Google, including Google Drive, are being used to store and distribute pirate content.

That news was echoed again this week, with a report on Gadgets360 reiterating that Google Drive is still being used for movie piracy. What followed were a string of follow up reports, some of which declared Google’s service to be ‘The New Pirate Bay.’

No. Just no.

While it’s always tempting for publications to squeeze a reference to The Pirate Bay into a piracy article due to the site’s popularity, it’s particularly out of place in this comparison. In no way, shape, or form can a centralized store of data like Google Drive ever replace the underlying technology of sites like The Pirate Bay.

While the casual pirate might love the idea of streaming a movie with a couple of clicks to a browser of his or her choice, the weakness of the cloud system cannot be understated. To begin with, anything hosted by Google is vulnerable to immediate takedown on demand, usually within a matter of hours.

“Google Drive has a variety of piracy counter-measures in place,” a spokesperson told Mashable this week, “and we are continuously working to improve our protections to prevent piracy across all of our products.”

When will we ever hear anything like that from The Pirate Bay? Answer: When hell freezes over. But it’s not just compliance with takedown requests that make Google Drive-hosted files vulnerable.

At the point Google Drive responds to a takedown request, it takes down the actual file. On the other hand, even if Pirate Bay responded to notices (which it doesn’t), it would be unable to do anything about the sharing going on underneath. Removing a torrent file or magnet link from TPB does nothing to negatively affect the decentralized swarm of people sharing files among themselves. Those files stay intact and sharing continues, no matter what happens to the links above.

Importantly, people sharing using BitTorrent do so without any need for central servers – the whole process is decentralized as long as a user can lay his or her hands on a torrent file or magnet link. Those using Google Drive, however, rely on a totally centralized system, where not only is Google king, but it can and will stop the entire party after receiving a few lines of text from a rightsholder.

There is a very good reason why sites like The Pirate Bay have been around for close to 15 years while platforms such as Megaupload, Hotfile, Rapidshare, and similar platforms have all met their makers. File-hosting platforms are expensive-to-run warehouses full of files, each of which brings direct liability for their hosts, once they’re made aware that those files are infringing. These days the choice is clear – take the files down or get brought down, it’s as simple as that.

The Pirate Bay, on the other hand, is nothing more than a treasure map (albeit a valuable one) that points the way to content spread all around the globe in the most decentralized way possible. There are no files to delete, no content to disappear. Comparing a vulnerable Google Drive to this kind of robust system couldn’t be further from the mark.

That being said, this is the way things are going. The cloud, it seems, is here to stay in all its forms. Everyone has access to it and uploading content is easier – much easier – than uploading it to a BitTorrent network. A Google Drive upload is simplicity itself for anyone with a mouse and a file; the same cannot be said about The Pirate Bay.

For this reason alone, platforms like Google Drive and the many dozens of others offering a similar service will continue to become havens for pirated content, until the next big round of legislative change. At the moment, each piece of content has to be removed individually but in the future, it’s possible that pre-emptive filters will kill uploads of pirated content before they see the light of day.

When this comes to pass, millions of people will understand why Google Drive, with its bots checking every file upload for alleged infringement, is not The Pirate Bay. At this point, if people have left it too long, it might be too late to reinvigorate BitTorrent networks to their former glory.

People will try to rebuild them, of course, but realizing why they shouldn’t have been left behind at all is probably the best protection.

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

Perfect 10 Takes Giganews to Supreme Court, Says It’s Worse Than Megaupload

Post Syndicated from Andy original https://torrentfreak.com/perfect-10-takes-giganews-supreme-court-says-worse-megaupload-170906/

Adult publisher Perfect 10 has developed a reputation for being a serial copyright litigant.

Over the years the company targeted a number of high-profile defendants, including Google, Amazon, Mastercard, and Visa. Around two dozen of Perfect 10’s lawsuits ended in cash settlements and defaults, in the publisher’s favor.

Perhaps buoyed by this success, the company went after Usenet provider Giganews but instead of a company willing to roll over, Perfect 10 found a highly defensive and indeed aggressive opponent. The initial copyright case filed by Perfect 10 alleged that Giganews effectively sold access to Perfect 10 content but things went badly for the publisher.

In November 2014, the U.S. District Court for the Central District of California found that Giganews was not liable for the infringing activities of its users. Perfect 10 was ordered to pay Giganews $5.6m in attorney’s fees and costs. Perfect 10 lost again at the Court of Appeals for the Ninth Circuit.

As a result of these failed actions, Giganews is owned millions by Perfect 10 but the publisher has thus far refused to pay up. That resulted in Giganews filing a $20m lawsuit, accusing Perfect 10 and President Dr. Norman Zada of fraud.

With all this litigation boiling around in the background and Perfect 10 already bankrupt as a result, one might think the story would be near to a conclusion. That doesn’t seem to be the case. In a fresh announcement, Perfect 10 says it has now appealed its case to the US Supreme Court.

“This is an extraordinarily important case, because for the first time, an appellate court has allowed defendants to copy and sell movies, songs, images, and other copyrighted works, without permission or payment to copyright holders,” says Zada.

“In this particular case, evidence was presented that defendants were copying and selling access to approximately 25,000 terabytes of unlicensed movies, songs, images, software, and magazines.”

Referencing an Amicus brief previously filed by the RIAA which described Giganews as “blatant copyright pirates,” Perfect 10 accuses the Ninth Circuit of allowing Giganews to copy and sell trillions of dollars of other people’s intellectual property “because their copying and selling was done in an automated fashion using a computer.”

Noting that “everything is done via computer” these days and with an undertone that the ruling encouraged others to infringe, Perfect 10 says there are now 88 companies similar to Giganews which rely on the automation defense to commit infringement – even involving content owned by people in the US Government.

“These exploiters of other people’s property are fearless. They are copying and selling access to pirated versions of pretty much every movie ever made, including films co-produced by treasury secretary Steven Mnuchin,” Nada says.

“You would think the justice department would do something to protect the viability of this nation’s movie and recording studios, as unfettered piracy harms jobs and tax revenues, but they have done nothing.”

But Zada doesn’t stop at blaming Usenet services, the California District Court, the Ninth Circuit, and the United States Department of Justice for his problems – Congress is to blame too.

“Copyright holders have nowhere to turn other than the Federal courts, whose judges are ridiculously overworked. For years, Congress has failed to provide the Federal courts with adequate funding. As a result, judges can make mistakes,” he adds.

For Zada, those mistakes are particularly notable, particularly since at least one other super high-profile company was shut down in the most aggressive manner possible for allegedly being involved in less piracy than Giganews.

Pointing to the now-infamous Megaupload case, Perfect 10 notes that the Department of Justice completely shut that operation down, filing charges of criminal copyright infringement against Kim Dotcom and seizing $175 million “for selling access to movies and songs which they did not own.”

“Perfect 10 provided evidence that [Giganews] offered more than 200 times as many full length movies as did megaupload.com. But our evidence fell on deaf ears,” Zada complains.

In contrast, Perfect 10 adds, a California District Court found that Giganews had done nothing wrong, allowed it to continue copying and selling access to Perfect 10’s content, and awarded the Usenet provider $5.63m in attorneys fees.

“Prior to this case, no court had ever awarded fees to an alleged infringer, unless they were found to either own the copyrights at issue, or established a fair use defense. Neither was the case here,” Zada adds.

While Perfect 10 has filed a petition with the Supreme Court, the odds of being granted a review are particularly small. Only time will tell how this case will end, but it seems unlikely that the adult publisher will enjoy a happy ending, one in which it doesn’t have to pay Giganews millions of dollars in attorney’s fees.

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

Kim Dotcom Wants K.im to Trigger a “Copyright Revolution”

Post Syndicated from Ernesto original https://torrentfreak.com/kim-dotcom-wants-k-im-to-trigger-a-copyright-revolution-170831/

For many people Kim Dotcom is synonymous with Megaupload, the file-sharing giant that was taken down by the U.S. Government early 2012.

While Megaupload is no more, the New Zealand Internet entrepreneur is working on a new file-sharing site. Initially dubbed Megaupload 2, the new service will be called K.im, and it will be quite different from its predecessor.

This week Dotcom, who’s officially the chief “evangelist” of the service, showed a demo to a few thousand people revealing more about what it’s going to offer.

K.im is not a central hosting service, quite the contrary. It will allow users to upload content and distribute it to dozens of other services, including Dropbox, Google, Reddit, Storj, and even torrent sites.

The files are distributed across the Internet where they can be accessed freely. However, there is a catch. The uploaders set a price for each download and people who want a copy can only unlock it through the K.im app or browser addon, after they’ve paid.

Pick your price

K.im, paired with Bitcache, is basically a micropayment solution. It allows creators to charge the public for everything they upload. Every download is tied to a Bitcoin transaction, turning files into their own “stores.”

Kim Dotcom tells TorrentFreak that he sees the service as a copyright revolution. It should be a win-win solution for independent creators, rightsholders, and people who are used to pirating stuff.

“I’m working for both sides. For the copyright holders and also for the people who what to pay for content but have been geo-blocked and then are forced to download for free,” Dotcom says.

Like any other site that allows user uploaded content, K.im can also be used by pirates who want to charge a small fee for spreading infringing content. This is something Dotcom is aware of, but he has a solution in mind.

Much like YouTube, which allows rightsholders to “monetize” videos that use their work, K.im will provide an option to claim pirated content. Rightsholders can then change the price and all revenue will go to them.

So, if someone uploads a pirated copy of the Game of Thrones season finale through K.im, HBO can claim that file, charge an appropriate fee, and profit from it. The uploader, meanwhile, maintains his privacy.

“It is the holy grail of copyright enforcement. It is my gift to Hollywood, the movie studios, and everyone else,” Dotcom says.

Dotcom believes that piracy is in large part caused by an availability problem. People can often not find the content they’re looking for so it’s K.im’s goal to distribute files as widely as possible. This includes several torrent sites, which are currently featured in the demo.

Torrent uploads?

Interestingly, it will be hard to upload content to sites such as YTS, EZTV, KickassTorrents, and RARBG, as they’ve been shut down or don’t allow user uploads. However, Dotcom stresses that the names are just examples, and that they are still working on partnering with various sites.

Whether torrent sites will be eager to cooperate has yet to be seen. It’s possible that the encrypted files, which can’t be opened without paying, will be seen as “spam” by traditional torrent sites.

Also, from a user perspective, one has to wonder how many people are willing to pay for something if they set out to pirate it. After all, there will always be plenty of free options for those who refuse to or can’t pay.

Dotcom, however, is convinced that K.im can create a “copyright revolution.” He stresses that site owners and uploaders can greatly benefit from it as they receive affiliate fees, even after a pirated file is claimed by a rightsholder.

In addition, he says it will revolutionize copyright enforcement, as copyright holders can monetize the work of pirates. That is, if they are willing to work with the service.

“Rightsholders can turn piracy traffic into revenue and users can access the content on any platform. Since every file is a store, it doesn’t matter where it ends up,” Dotcom says.

Dotcom does have a very valid point here. Many people have simply grown used to pirating because it’s much more convenient than using a dozen different services. In Dotcom’s vision, people can just use one site to access everything.

The ideas don’t stop at sharing files either. In the future, Dotcom also wants to use the micropayment option to offer YouTubers and media organizations to accept payments from the public, BBC notes.

There’s still a long way to go before K.im and Bitcache go public though. The expected launch date is not final yet, but the services are expected to go live in mid-to-late 2018.

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

Entire Kim Dotcom Spying Operation Was Illegal, High Court Rules

Post Syndicated from Andy original https://torrentfreak.com/entire-kim-dotcom-spying-operation-was-illegal-high-court-rules-170825/

In the months that preceded the January 2012 raid on file-storage site Megaupload, authorities in New Zealand used the Government Communications Security Bureau (GCSB) spy agency to monitor Kim and Mona Dotcom, plus Megaupload co-defendant Bram van der Kolk.

When this fact was revealed it developed into a crisis. The GCSB was forbidden by law from conducting surveillance on its own citizens or permanent residents in the country, which led to former Prime Minister John Key later apologizing for the error.

With Dotcom determined to uncover the truth, the entrepreneur launched legal action in pursuit of the information illegally obtained by GCSB and to obtain compensation. In July, the High Court determined that Dotcom wouldn’t get access to the information but it also revealed that the scope of the spying went on much longer than previously admitted, a fact later confirmed by the police.

This raised the specter that not only did the GCSB continue to spy on Dotcom after it knew it was acting illegally, but that an earlier affidavit from a GCSB staff member was suspect.

With the saga continuing to drag on, revelations published in New Zealand this morning indicate that not only was the spying on Dotcom illegal, the entire spying operation – which included his Megaupload co-defendants – was too.

The reports are based on documents released by Lawyer Peter Spring, who is acting for Bram van der Kolk and Mathias Ortmann. Spring says that the High Court decision, which dates back to December but has only just been made available, shows that “the whole surveillance operation fell outside the authorization of the GCSB legislation as it was at the relevant time”.

Since Dotcom is a permanent resident of New Zealand, it’s long been established that the GCSB acted illegally when it spied on him. As foreigners, however, Megaupload co-defendants Finn Batato and Mathias Ortmann were previously considered valid surveillance targets.

It now transpires that the GCSB wasn’t prepared to mount a defense or reveal its methods concerning their surveillance, something which boosted the case against it.

“The circumstances of the interceptions of Messrs Ortmann and Batato’s communications are Top Secret and it has not proved possible to plead to the allegations the plaintiffs have made without revealing information which would jeopardize the national security of New Zealand,” the Court documents read.

“As a result the GCSB is deemed to have admitted the allegations in the statement of claim which relate to the manner in which the interceptions were effected.”

Speaking with RadioNZ, Grant Illingworth, a lawyer representing Ortmann and van der Kolk, said the decision calls the entire GCSB operation into doubt.

“The GCSB has now admitted that the unlawfulness was not just dependent upon residency issues, it went further. The reason it went further was because it didn’t have authorization to carry out the kind of surveillance that it was carrying out under the legislation, as it was at that time,” Illingworth said.

In comments to NZHerald, Illingworth added that the decision meant that the damages case for Ortmann and van der Kolk had come to an end. He refused to respond to questions of whether damages had been paid or a settlement reached.

He did indicate, however, that there could be implications for the battle underway to have Dotcom, Batato, Ortmann and van der Kolk extradited to the United States.

“If there was illegality in the arrest and search phase and that illegality has not previously been made known in the extradition context then it could be relevant to the extradition,” Illingworth said.

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