Tag Archives: New Zealand

Friday Squid Blogging: Te Papa Colossal Squid Exhibition Is Being Renovated

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2018/01/friday_squid_bl_610.html

The New Zealand home of the colossal squid exhibit is behind renovated.

As usual, you can also use this squid post to talk about the security stories in the news that I haven’t covered.

Read my blog posting guidelines here.

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

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

Epic Games Sues Cheater Over ‘Stealing’ Fortnite V-Bucks

Post Syndicated from Ernesto original https://torrentfreak.com/epic-games-sues-cheater-over-stealing-fortnite-v-bucks-180112/

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

This also included thousands of cheaters, many of whom were subsequently banned. Epic Games then went a step further by taking several cheaters to court for copyright infringement.

While the initial targets were people who coded, used or promoted cheats to gain a clear competitive advantage, this week Epic sued a different type of cheater. In a complaint filed at a California Federal court, the game publisher accuses a New Zealander of creating an exploit that allows users to get free V-bucks.

V-bucks are the game’s currency and can be bought through an online store, starting at $9.99. The virtual coins allow players to purchase skins for their characteras well as other game tools.

According to Epic, people who create and use these kinds of free-money exploits are stealing from the game publisher.

“Players who search for and promote exploits ruin the game experience for others and undermine the integrity of Fortnite. Players who use exploits to avoid paying for items in Fortnite are stealing from Epic,” the complaint reads.

V-bucks

The alleged perpetrator is identified as Yash Gosai, who’s a resident of Auckland, New Zealand. Epic believes that Gosai developed the exploit which was then promoted through YouTube.

“On information and belief, Gosai developed an exploit for Fortnite’s Battle Royale mode that enables players to obtain V-bucks without paying for them. Gosai created and posted a video on YouTube to advertise, promote and demonstrate the exploit,” the complaint reads.

While the game company managed to get the video taken down, they’re not done with the New Zealander. They accuse Gosai of copyright infringement, breach of contract, as well as conversion.

“Defendant’s videos demonstrating the exploit infringe Epic’s copyrights in Fortnite by copying, reproducing, preparing derivative works from, and/or displaying Fortnite
publicly without Epic’s permission, the company writes.

Epic asks the court for damages and wants the defendant to destroy all Fortnite copies and any related works.

As mentioned before, this is not the first lawsuit Epic has filed against a cheater. Thus far, it has reached at least three settlements behind closed doors. Minnesota resident Charles Vraspir signed an agreement early December. Philip Josefsson from Sweden and Artem Yakovenko from Russia followed soon after.

A copy of the complaint against Gosai 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

AWS Architecture Monthly for Kindle

Post Syndicated from Jamey Tisdale original https://aws.amazon.com/blogs/architecture/aws-architecture-monthly-for-kindle/

We recently launched AWS Architecture Monthly, a new subscription service on Kindle that will push a selection of the best content around cloud architecture from AWS, with a few pointers to other content you might also enjoy.

From building a simple website to crafting an AI-based chat bot, the choices of technologies and the best practices in how to apply them are constantly evolving. Our goal is to supply you each month with a broad selection of the best new tech content from AWS — from deep-dive tutorials to industry-trend articles.

With your free subscription, you can look forward to fresh content delivered directly to your Kindledevice or Kindle app including:
– Technical whitepapers
– Reference architectures
– New solutions and implementation guides
– Training and certification opportunities
– Industry trends

The January issue is now live. This month includes:
– AWS Architecture Blog: Glenn Gore’s Take on re:Invent 2017 (Chief Architect for AWS)
– AWS Reference Architectures: Java Microservices Deployed on EC2 Container Service; Node.js Microservices Deployed on EC2 Container Service
– AWS Training & Certification: AWS Certified Solutions Architect – Associate
– Sample Code: aws-serverless-express
– Technical Whitepaper: Serverless Architectures with AWS Lambda – Overview and Best Practices

At this time, Architecture Monthly annual subscriptions are only available in the France (new), US, UK, and Germany. As more countries become available, we’ll update you here on the blog. For Amazon.com countries not listed above, we are offering single-issue downloads — also accessible from our landing page. The content is the same as in the subscription but requires individual-issue downloads.

FAQ
I have to submit my credit card information for a free subscription?
While you do have to submit your card information at this time (as you would for a free book in the Kindle store), it won’t be charged. This will remain a free, annual subscription and includes all 10 issues for the year.

Why isn’t the subscription available everywhere?
As new countries get added to Kindle Newsstand, we’ll ensure we add them for Architecture Monthly. This month we added France but anticipate it will take some time for the new service to move into additional markets.

What countries are included in the Amazon.com list where the issues can be downloaded?
Andorra, Australia, Austria, Belgium, Brazil, Canada, Gibraltar, Guernsey, India, Ireland, Isle of Man, Japan, Jersey, Liechtenstein, Luxembourg, Mexico, Monaco, Netherlands, New Zealand, San Marino, Spain, Switzerland, Vatican City

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.

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

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.

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

Sky’s Pirate Site-Blocking Move is Something For North Korea, ISPs Say

Post Syndicated from Andy original https://torrentfreak.com/skys-pirate-site-blocking-move-is-something-for-north-korea-isps-say-171129/

Entertainment companies have been taking legal action to have pirate sites blocked for more than a decade so it was only a matter of time before New Zealand had a taste of the action.

It’s now been revealed that Sky Network Television, the country’s biggest pay-TV service, filed a complaint with the High Court in September, demanding that four local Internet service providers block subscriber access to several ‘pirate’ sites.

At this point, the sites haven’t been named, but it seems almost inevitable that the likes of The Pirate Bay will be present. The ISPs are known, however. Spark, Vodafone, Vocus and Two Degrees control around 90% of the Kiwi market so any injunction handed down will affect almost the entire country.

In its application, Sky states that pirate sites make available unauthorized copies of its entertainment works, something which not only infringes its copyrights but also undermines its business model. But while this is standard fare in such complaints, the Internet industry backlash today is something out of the ordinary.

ISPs in other jurisdictions have fought back against blocking efforts but few have deployed the kind of language being heard in New Zealand this morning.

Vocus Group – which runs the Orcon, Slingshot and Flip brands – is labeling Sky’s efforts as “gross censorship and a breach of net neutrality”, adding that they’re in direct opposition to the idea of a free and open Internet.

“SKY’s call that sites be blacklisted on their say so is dinosaur behavior, something you would expect in North Korea, not in New Zealand. It isn’t our job to police the Internet and it sure as hell isn’t SKY’s either, all sites should be equal and open,” says Vocus Consumer General Manager Taryn Hamilton.

But in response, Sky said Vocus “has got it wrong”, highlighting that site-blocking is now common practice in places such as Australia and the UK.

“Pirate sites like Pirate Bay make no contribution to the development of content, but rather just steal it. Over 40 countries around the world have put in place laws to block such sites, and we’re just looking to do the same,” the company said.

The broadcaster says it will only go to court to have dedicated pirate sites blocked, ones that “pay nothing to the creators” while stealing content for their own gain.

“We’re doing this because illegal streaming and content piracy is a major threat to the entertainment, creative and sporting industries in New Zealand and abroad. With piracy, not only is the sport and entertainment content that we love at risk, but so are the livelihoods of the thousands of people employed by these industries,” the company said.

“Illegally sharing or viewing content impacts a vast number of people and jobs including athletes, actors, artists, production crew, customer service representatives, event planners, caterers and many, many more.”

ISP Spark, which is also being targeted by Sky, was less visibly outraged than some of its competitors. However, the company still feels that controlling what people can see on the Internet is a slippery slope.

“We have some sympathy for this given we invest tens of millions of dollars into content ourselves through Lightbox. However, we don’t think it should be the role of ISPs to become the ‘police of the internet’ on behalf of other parties,” a Spark spokesperson said.

Perhaps unsurprisingly, Sky’s blocking efforts haven’t been well received by InternetNZ, the non-profit organization which protects and promotes Internet use in New Zealand.

Describing the company’s application for an injunction as an “extreme step”, InternetNZ Chief Executive Jordan Carter said that site-blocking works against the “very nature” of the Internet and is a measure that’s unlikely to achieve its goals.

“Site blocking is very easily evaded by people with the right skills or tools. Those who are deliberate pirates will be able to get around site blocking without difficulty,” Carter said.

“If blocking is ordered, it risks driving content piracy further underground, with the help of easily-deployed and common Internet tools. This could well end up making the issues that Sky are facing even harder to police in the future.”

What most of the ISPs and InternetNZ are also agreed on is the need to fight piracy with competitive, attractive legal offerings. Vocus says that local interest in The Pirate Bay has halved since Netflix launched in New Zealand, with traffic to the torrent site sitting at just 23% of its peak 2013 levels.

“The success of Netflix, iTunes and Spotify proves that people are willing to pay to access good-quality content. It’s pretty clear that SKY doesn’t understand the internet, and is trying a Hail Mary to turnaround its sunset business,” Vocus Consumer General Manager Taryn Hamilton said.

The big question now is whether the High Court has the ability to order these kinds of blocks. InternetNZ has its doubts, noting that it should only happen following a parliamentary mandate.

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

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.

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

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.

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.

Moonhack 2017: a new world record!

Post Syndicated from Katherine Leadbetter original https://www.raspberrypi.org/blog/moonhack-2017-world-record/

With the incredible success of this year’s Moonhack under their belt, here’s Code Club Australia‘s Kelly Tagalan with a lowdown on the event, and why challenges such as these are so important.

On 15 August 2017, Code Clubs around the globe set a world record for the most kids coding in a day! From Madrid to Manila and from Sydney to Seoul, kids in Code Clubs, homes, and community centres around the world used code in order to ‘hack the moon’.

Moonhack 2017 Recap: WORLDWIDE CODING

We set a world record of the most kids coding at the same time not only across Australia….but across the WORLD! Watch our recap of our day hackathon of kids coding across the globe.

The Moonhack movement

The first Moonhack took place in Sydney in 2016, where we set a record of 10207 kids coding in a day.

Images of children taking part in Code Club Australia's Moonhack 2017

The response to Moonhack, not just in Australia but around the world, blew us away, and this year we decided to make the challenge as global as possible.

“I want to create anything that can benefit the life of one person, hundreds of people, or maybe even thousands.” – Moonhack Code Club kid, Australia.

The Code Club New Zealand team helped to create and execute projects with help from Code Club in the UK, and Code Club Canada, France, South Korea, Bangladesh, and Croatia created translated materials to allow even more kids to take part.

Moonhack 2017

The children had 24 hours to try coding a specially made Moonhack project using Python, Scratch or Scratch Jr. Creative Moonhackers even made their own custom projects, and we saw amazing submissions on a range of themes, from moon football to heroic dogs saving our natural satellite from alien invaders!

Images of children taking part in Code Club Australia's Moonhack 2017

In the end, 28575 kids from 56 countries and from 600 Code Clubs took part in Moonhack to set a new record. Record Setter founder and Senior Adjudicator, Corey Henderson, travelled to Sydney to Moonhack Mission Control to verify the record, and we were thrilled to hear that we came close to tripling the number of kids who took part last year!

The top five Moonhack contributing countries were Australia, New Zealand, the USA, the UK, and Croatia, but we saw contributions from so many more amazing places, including Syria and Guatemala. The event was a truly international Code Club collaboration!

Images of children taking part in Code Club Australia's Moonhack 2017

The founder of Code Club Bangladesh, Shajan Miah, summed up the spirit of Moonhack well: “Moonhack was a great opportunity for children in Bangladesh to take part in a global event. It connected the children with like-minded people across the world, and this motivated them to want to continue learning coding and programming. They really enjoyed the challenge!”

Images of children taking part in Code Club Australia's Moonhack 2017

Of course, the most important thing about Moonhack was that the kids had fun taking part and experienced what it feels like to create with code. One astute nine-year-old told us, “What I love about coding is that you can create your own games. Coding is becoming more important in the work environment and I want to understand it and write it.”

This is why we Moonhack: to get kids excited about coding, and to bring them into the global Code Club community. We hope that every Moonhacker who isn’t yet part of a Code Club will decide to join one soon, and that their experience will help guide them towards a future involving digital making. Here’s to Moonhack 2018!

Join Code Club

With new school terms starting and new clubs forming, there’s never been a better time to volunteer for a Code Club! With the official extension of the Code Club age range from 9-11 to 9-13, there are even more opportunities to get involved.

The Code Club logo with added robots - Moonhack 2017

If you’re ready to volunteer and are looking for a club to join, head to the Code Club International website to find your local network. There you’ll also find information on starting a new club from scratch, anywhere in the world, and you can read all about making your venue, such as a library, youth club, or office, available as a space for a Code Club.

The post Moonhack 2017: a new world record! appeared first on Raspberry Pi.

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.

TV Box Seller Emails Sky TV Bosses With ‘Pirate’ Offer, Gets Sued for $1m

Post Syndicated from Andy original https://torrentfreak.com/tv-box-seller-emails-sky-tv-bosses-with-pirate-offer-gets-sued-for-1m-170804/

After relatively quiet treatment in the media, last year press in New Zealand began reporting on the booming ‘pirate’ set-top box business sweeping the world.

Often based around legal Kodi software boosted with third-party addons, the devices are known for providing free movies, TV shows, and sports.

Last November, ‘My Box NZ’ owner Krish Reddy, who said he would take on Sky in its own backyard with his custom streaming boxes, hit the headlines. The 27-year-old told NZHerald that “it seemed like a great idea so we decided to do it ourselves.”

The boxes offered some local free-to-air channels but also the all-important premium offerings from Sky, including Sky Movies and Sky Sports, an expensive proposition for an official subscriber.

“Why pay $80 minimum per month for Sky when for one payment you can have it free for good?” Reddy’s advertising said.

Reddy was confident in the abilities of his product but was also confident he wasn’t breaking the law.

“I don’t see why [Sky] would contact me but if they do contact me and … if there’s something of theirs that they feel I’ve unlawfully taken then yeah … but as it stands I don’t [have any concerns],” he told the Herald.

As things moved on, Reddy’s business really took off. He admitted to having sold 8,000 of the devices and then April this year, Sky appeared to ruh out of patience. In a letter from its lawyers, the pay TV company said Reddy’s devices breached copyright law and the Fair Trading Act. Reddy responded by calling the TV giant “a playground bully” and denied again that he was breaking the law.

“From a legal perspective, what we do is completely within the law. We advertise Sky television channels being available through our website and social media platforms as these are available via streams which you can find through My Box,” he said.

“The content is already available, I’m not going out there and bringing the content so how am I infringing the copyright… the content is already there, if someone uses the box to search for the content, that’s what it is.”

Stuff reports that the initial compensation demand from Sky against Reddy’s company My Box runs to NZD$1.4m (US$1m), an amount that could “rise by millions” by the time a judgment is reached.

“They have given us until September 24 to respond. We are not going to sit and take it,” Reddy told the publication. “How many people can say they went up against a multimillion dollar giant like Sky?”

And it seems that Reddy is absolutely determined to fight back. Earlier this year he said that his father always encouraged him as a child to seek out the big guy for a fight, something that is now playing out with one of the world’s biggest broadcasters.

“[Sky’s] point of view is they own copyright and I’m destroying the market by giving people content for free. To me it is business; I have got something that is new … that’s competition,” he said.

In Europe, where these kinds of cases have already been tested at the highest level, comments like these would be extremely ill-advised and enough to give any defending lawyer a high temperature, but Reddy really doesn’t seem to care.

In fact, a bulk email he sent out to 50,000 people advertising his product as “being better than Sky”, actually found the inboxes of 50 Sky TV staff and directors. He believes this triggered the legal action from the company.

While Reddy was on Sky’s radar long before the mailshot, the blatancy of his advertising and its targets won’t have helped his case one bit. Sky, for its part, is determined to get a ruling against a large player and Reddy seems the perfect catch.

“Anyone selling these boxes are within our sights. You have got to go after the big fish first,” said Sky spokeswoman Kirsty Way.

No case like this has ever gone to court in New Zealand so it could be important for setting the ground rules on several aspects of copyright law, including the making available right.

In addition to prosecutions, Way told Stuff that it could also be possible to introduce site-blocking laws such as those already in place in Australia and the UK. These would aim to render Kodi-powered devices less effective at providing copyrighted content from unauthorized sources.

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

Police Confirm ‘Extra’ Illegal Spying on Kim Dotcom

Post Syndicated from Ernesto original https://torrentfreak.com/police-confirms-extra-illegal-spying-on-kim-dotcom-170727/

Kim Dotcom has made headlines in the press again over the past week, but not for his own alleged misconduct.

Instead, there is a renewed focus on the unlawful surveillance practices of the Government Communications Security Bureau (GCSB).

During the months leading up to the raid, the GCSB carried out surveillance on Dotcom but failed to check his residency status. The outfit was not allowed to spy on its own residents and clearly crossed a line with its unlawful information gathering.

To find out what was collected, Dotcom asked the High Court for access to the surveilled information, but last week this request was denied. While this came as a disappointment, the court did reveal something else of interest.

As it turns out, the illegal spying on Dotcom didn’t stop on January 20, 2012, when Dotcom was arrested. Instead, it carried on for another two months, ending March 22, 2012.

Initially, some people thought that the High Court may have made a mistake in the timeline, but with pressure mounting, New Zealand police have now confirmed that this is not the case. The illegal spying did indeed continue for two more months.

“We’ve checked the file and can confirm that the dates you’ve highlighted were known to the Operation Grey team. They were considered as part of the investigation and decision-making about the outcome,” a police spokesman told NZ Herald.

While this is all news to the public, the police and others were well-aware of the additional spying. This raises a series of questions, which Megaupload’s founder would like to see answered.

“Does this mean that New Zealand Police knew that the GCSB affidavits were false? GCSB told the Courts under oath that the illegal spying ended two months earlier. Not in March but in January,” Dotcom says, commenting on the news.

The issue is more than a matter of oversight, Dotcom says, and he calls for a proper investigation where the people responsible will be held accountable.

“New Zealand Police investigated GCSB because of the illegal spying but nobody was ever charged with any crime. How is that possible if the Police knew that the GCSB lied to the New Zealand Courts? What else would we discover if we had a fair and open hearing instead of secret submissions in closed Court?

“The New Zealand Courts have been fooled by the GCSB and the Police. What’s next? What are the consequences?” Dotcom adds.

In recent years the Megaupload case has been a stumbling block for several politicians and the latest revelations have put Prime Minister Bill English under pressure. It’s clear that several high ranked officials would rather see Dotcom leave, but thus far the fiasco is more likely to help him stay.

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

Kim Dotcom Spying Fiasco Puts Prime Minister Under Pressure

Post Syndicated from Andy original https://torrentfreak.com/kim-dotcom-spying-fiasco-puts-prime-minister-under-pressure-170725/

In the lead up to the January 2012 raid on cloud storage site Megaupload, authorities in New Zealand used the Government Communications Security Bureau (GCSB) agency to spy on Kim and Mona Dotcom, plus Megaupload co-defendant Bram van der Kolk. That should not have happened.

Intelligence agency GCSB was forbidden by law from conducting surveillance on its own citizens or permanent residents in the country. Former Prime Minister John Key later apologized for the glaring error but for Dotcom, that wasn’t enough. The entrepreneur launched legal action in pursuit of the information illegally obtained by GCSB and appropriate compensation.

Last week the High Court decided that Dotcom wouldn’t get access to the information but it also revealed something of much interest. Instead of confirming that the illegal spying on Dotcom took place December 16, 2011, through to January 20, 2012, the range was extended by two months to March 22, 2012.

The implications of the extension are numerous, not least that GCSB continued to spy on Dotcom even after it knew it was acting illegally. The reveal also undermines an earlier affidavit from a GCSB staff member, problems which are now returning to haunt New Zealand Prime Minister, Bill English.

When the spying was taking place, John Key was Prime Minister but when Key traveled overseas, English was left at the helm. As a result, when the possibility that Dotcom had been spied on was raised during court hearings in 2012, it was English who was approached by the GCSB with a request to have its involvement made a state secret.

According to NZHerald, English was briefed by then-GCSB director Ian Fletcher and former acting director Hugh Wolfensohn on GCSB’s assistance to the police in the Dotcom case.

The content of those discussion has not been made public but English appears to have been convinced of the need to keep the information private. He subsequently signed a ministerial certificate, which barred disclosure of GCSB activities, even by people asked to provide them in a court of law.

However, since GCSB had broken the law by illegally spying on the Dotcoms and van Der Kolk, the certificate subsequently collapsed. But, like a dog with a bone, Dotcom isn’t letting this go, claiming that acting Prime Minister English acted unlawfully by signing the certificate in an effort to suppress wrong-doing.

“The ministerial certificate was an attempted cover-up. Bill English must have been briefed that GCSB was facing legal troubles because of unlawful conduct,” he told NZHerald.

“And only after the attempted gag-order failed in the High Court did the Government admit unlawful spying with a fake narrative that it was all a big mistake, a misunderstanding of the law, an error.”

Following the judgment last week that revealed the extended spying period, Dotcom confirms that there will be fresh legal action to obtain information from GCSB.

“The new revelations completely undermine the government narrative and it raises new questions about what really happened,” Dotcom concludes.

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

Kim Dotcom Denied Access to Illegally Obtained Spy Recordings

Post Syndicated from Andy original https://torrentfreak.com/kim-dotcom-denied-access-to-illegally-obtained-spy-recordings-170720/

In the months leading up to the infamous raid on Kim Dotcom’s New Zealand mansion and his now defunct cloud storage site Megaupload, the entrepreneur was under surveillance.

Not only were the MPAA and RIAA amassing information, the governments of the United States and New Zealand were neck-deep in the investigation too, using the FBI and local police to gather information. What soon became evident, however, is that the authorities in New Zealand did so while breaking the rules.

Between 16 December 2011 to 22 March 2012, New Zealand used the Government Communications Security Bureau (GCSB) agency to spy on the private communications of Kim and Mona Dotcom, plus Megaupload co-defendant Bram van der Kolk. This was hugely problematic.

GCSB is an intelligence agency of the New Zealand government responsible for spying on external entities. It is forbidden by law from conducting surveillance on its own citizens or permanent residents in the country. His standing in the country meant that Dotcom should not have been spied on.

“Of course I apologize to Mr Dotcom, and I apologize to New Zealanders,” then New Zealand Prime Minister John Key later said.

Since it was established that New Zealand illegally spied on Dotcom, the Megaupload founder has been trying to find out what information the GCSB gathered about him, then wife Mona, and former colleague Bram van der Kolk. According to Dotcom, there was a total of 87 breaches, all of which the government wants to keep secret.

Since then, Dotcom has been fighting to gain access to the information GCSB illegally obtained, while seeking compensation for the damages caused.

In a ruling handed down this morning, the High Court details its findings in respect of a three-day hearing that took place early April 2017, during which GCSB said the raw, unredacted information should be withheld from Dotcom on national security grounds.

GCSB and the government argued that the public interest in the disclosure of the material is outweighed by the public interest in withholding it, adding that the security and defense of New Zealand would be compromised on the world stage.

For their part, the Dotcoms said that nondisclosure of the unredacted documents breaches their rights under the New Zealand Bill of Rights Act 1990. Given that any damages award is directly linked to the extent and nature of the illegal intrusions into their private lives, access to the documents is paramount.

That being the case, they argued that the public interest in disclosure outweighs any public interest in the information being withheld.

This morning, citing a 2013 Court of Appeal verdict that ruled the GCSB didn’t have to release the raw communications, Justice Murray Gilbert insisted that the recordings will not be released.

“A number of the redactions in the discovered documents are to protect the identity or contact details of personnel who were involved in or associated with the operation or copied into email communications concerning it,” Justice Gilbert wrote.

“It is hard to see how any of this information could be relevant to the relief that should be granted in this proceeding. Again, the public interest in withholding disclosure of this information far outweighs any public interest in its disclosure.”

In a statement, Kim Dotcom expressed his frustrations, noting that the government is doing everything it can to suppress details of the illegal surveillance.

“After being caught, the GCSB has fought to keep what it did, and how, a secret from me and from you, the New Zealand public. Worse, it seeks to hide behind ‘national security’ to keep the truth from us,” Dotcom said.

“To keep this secret, the GCSB applied to the High Court. It filed secret evidence and secret submissions. The GCSB’s lawyers were heard in a ‘closed’ court with the Judge, where they made secret submissions and secret witnesses gave secret evidence.”

Dotcom said neither his lawyers nor the public was allowed to be present during the hearing. And when his legal team could be heard, they were significantly hampered in their work.

“When my lawyers were heard, after that hearing, they had to make submissions as to why information they were not allowed to see, for reasons they were not allowed to know, should be disclosed. They were effectively shooting at a moving target, in the dark, with one hand tied behind their backs,” Dotcom said.

The Megaupload founder suggests there is there is a clear double-standard when he has to be tried in public for his alleged crimes, but when it comes to offenses carried out by the government, the process takes place behind closed doors.

“I will appeal this judgment and ask the Court of Appeal to shine some cleansing sunlight on what happened here. If there is transparency, there is accountability, and we can prevent this happening again,” he concludes.

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