Tag Archives: notices

Could a Single Copyright Complaint Kill Your Domain?

Post Syndicated from Andy original https://torrentfreak.com/could-a-single-copyright-complaint-kill-your-domain-171203/

It goes without saying that domain names are a crucial part of any site’s infrastructure. Without domains, sites aren’t easily findable and when things go wrong, the majority of web users could be forgiven for thinking that they no longer exist.

That was the case last week when Canada-based mashup site Sowndhaus suddenly found that its domain had been rendered completely useless. As previously reported, the site’s domain was suspended by UK-based registrar DomainBox after it received a copyright complaint from the IFPI.

There are a number of elements to this story, not least that the site’s operators believe that their project is entirely legal.

“We are a few like-minded folks from the mashup community that were tired of doing the host dance – new sites welcome us with open arms until record industry pressure becomes too much and they mass delete and ban us,” a member of the Sowndhaus team informs TF.

“After every mass deletion there are a wave of producers that just retire and their music is lost forever. We decided to make a more permanent home for ourselves and Canada’s Copyright Modernization Act gave us the opportunity to do it legally.
We just want a small quiet corner of the internet where we can make music without being criminalized. It seems insane that I even have to say that.”

But while these are all valid concerns for the Sowndhaus community, there is a bigger picture here. There is absolutely no question that sites like YouTube and Soundcloud host huge libraries of mashups, yet somehow they hang on to their domains. Why would DomainBox take such drastic action? Is the site a real menace?

“The IFPI have sent a few standard DMCA takedown notices [to Sowndhaus, indirectly], each about a specific track or tracks on our server, asking us to remove them and any infringing activity. Every track complained about has been transformative, either a mashup or a remix and in a couple of cases cover versions,” the team explains.

But in all cases, it appears that IFPI and its agents didn’t take the time to complain to the site first. They instead went for the site’s infrastructure.

“[IFPI] have never contacted us directly, even though we have a ‘report copyright abuse’ feature on our site and a dedicated copyright email address. We’ve only received forwarded emails from our host and domain registrar,” the site says.

Sowndhaus believes that the event that led to the domain suspension was caused by a support ticket raised by the “RiskIQ Incident Response Team”, who appear to have been working on behalf of IFPI.

“We were told by DomainBox…’Please remove the unlawful content from your website, or the domain will be suspended. Please reply within the next 5 working days to ensure the request was actioned’,” Sowndhaus says.

But they weren’t given five days, or even one. DomainBox chose to suspend the Sowndhaus.com domain name immediately, rendering the site inaccessible and without even giving the site a chance to respond.

“They didn’t give us an option to appeal the decision. They just took the IFPI’s word that the files were unlawful and must be removed,” the site informs us.

Intrigued at why DomainBox took the nuclear option, TorrentFreak sent several emails to the company but each time they went unanswered. We also sent emails to Mesh Digital Ltd, DomainBox’s operator, but they were given the same treatment.

We wanted to know on what grounds the registrar suspended the domain but perhaps more importantly, we wanted to know if the company is as aggressive as this with its other customers.

To that end we posed a question: If DomainBox had been entrusted with the domains of YouTube or Soundcloud, would they have acted in the same manner? We can’t put words in their mouth but it seems likely that someone in the company would step in to avoid a PR disaster on that scale.

Of course, both YouTube and Soundcloud comply with the law by taking down content when it infringes someone’s rights. It’s a position held by Sowndhaus too, even though they do not operate in the United States.

“We comply fully with the Copyright Act (Canada) and have our own policy of removing any genuinely infringing content,” the site says, adding that users who infringe are banned from the platform.

While there has never been any suggestion that IFPI or its agents asked for Sowndhaus’ domain to be suspended, it’s clear that DomainBox made a decision to do just that. In some cases that might have been warranted, but registrars should definitely aim for a clear, transparent and fair process, so that the facts can be reviewed and appropriate action taken.

It’s something for people to keep in mind when they register a domain in future.

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

Seven Years of Hadopi: Nine Million Piracy Warnings, 189 Convictions

Post Syndicated from Andy original https://torrentfreak.com/seven-years-of-hadopi-nine-million-piracy-warnings-189-convictions-171201/

More than seven years ago, it was predicted that the next big thing in anti-piracy enforcement would be the graduated response scheme.

Commonly known as “three strikes” or variants thereof, these schemes were promoted as educational in nature, with alleged pirates receiving escalating warnings designed to discourage further infringing behavior.

In the fall of 2010, France became one of the pioneers of the warning system and now almost more than seven years later, a new report from the country’s ‘Hadopi’ anti-piracy agency has revealed the extent of its operations.

Between July 2016 and June 2017, Hadopi sent a total of 889 cases to court, a 30% uplift on the 684 cases handed over during the same period 2015/2016. This boost is notable, not least since the use of peer-to-peer protocols (such as BitTorrent, which Hadopi closely monitors) is declining in favor of streaming methods.

When all the seven years of the scheme are added together ending August 31, 2017, the numbers are even more significant.

“Since the launch of the graduated response scheme, more than 2,000 cases have been sent to prosecutors for possible prosecution,” Hadopi’s report reads.

“The number of cases sent to the prosecutor’s office has increased every year, with a significant increase in the last two years. Three-quarters of all the cases sent to prosecutors have been sent since July 2015.”

In all, the Hadopi agency has sent more than nine million first warning notices to alleged pirates since 2012, with more than 800,000 follow-up warnings on top, 200,000 of them during 2016-2017. But perhaps of most interest is the number of French citizens who, despite all the warnings, carried on with their pirating behavior and ended up prosecuted as a result.

Since the program’s inception, 583 court decisions have been handed down against pirates. While 394 of them resulted in a small fine, a caution, or other community-based punishment, 189 citizens walked away with a criminal conviction.

These can include fines of up to 1,500 euros or in more extreme cases, up to three years in prison and/or a 300,000 euro fine.

While this approach looks set to continue into 2018, Hadopi’s report highlights the need to adapt to a changing piracy landscape, one which requires a multi-faceted approach. In addition to tracking pirates, Hadopi also has a mission to promote legal offerings while educating the public. However, it is fully aware that these strategies alone won’t be enough.

To that end, the agency is calling for broader action, such as faster blocking of sites, expanding to the blocking of mirror sites, tackling unauthorized streaming platforms and, of course, dealing with the “fully-loaded” set-top box phenomenon that’s been sweeping the world for the past two years.

The full report can be downloaded here (pdf, French)

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

What’s the Best Solution for Managing Digital Photos and Videos?

Post Syndicated from Roderick Bauer original https://www.backblaze.com/blog/discovering-best-solution-for-photo-video-backup/

Digital Asset Management (DAM)

If you have spent any time, as we have, talking to photographers and videographers about how they back up and archive their digital photos and videos, then you know that there’s no one answer or solution that users have discovered to meet their needs.

Based on what we’ve heard, visual media artists are still searching for the best combination of software, hardware, and cloud storage to preserve their media, and to be able to search, retrieve, and reuse that media as easily as possible.

Yes, there are a number of solutions out there, and some users have created combinations of hardware, software, and services to meet their needs, but we have met few who claim to be satisfied with their solution for digital asset management (DAM), or expect that they will be using the same solution in just a year or two.

We’d like to open a dialog with professionals and serious amateurs to learn more about what you’re doing, what you’d like to do, and how Backblaze might fit into that solution.

We have a bit of cred in this field, as we currently have hundreds of petabytes of digital media files in our data centers from users of Backblaze Backup and Backblaze B2 Cloud Storage. We want to make our cloud services as useful as possible for photographers and videographers.

Tell Us Both Your Current Solution and Your Dream Solution

To get started, we’d love to hear from you about how you’re managing your photos and videos. Whether you’re an amateur or a professional, your experiences are valuable and will help us understand how to provide the best cloud component of a digital asset management solution.

Here are some questions to consider:

  • Are you using direct-attached drives, NAS (Network-Attached Storage), or offline storage for your media?
  • Do you use the cloud for media you’re actively working on?
  • Do you back up or archive to the cloud?
  • Did you have a catalog or record of the media that you’ve archived that you use to search and retrieve media?
  • What’s different about how you work in the field (or traveling) versus how you work in a studio (or at home)?
  • What software and/or hardware currently works for you?
  • What’s the biggest impediment to working in the way you’d really like to?
  • How could the cloud work better for you?

Please Contribute Your Ideas

To contribute, please answer the following two questions in the comments below or send an email to [email protected]. Please comment or email your response by December 22, 2017.

  1. How are you currently backing up your digital photos, video files, and/or file libraries/catalogs? Do you have a backup system that uses attached drives, a local network, the cloud, or offline storage media? Does it work well for you?
  2. Imagine your ideal digital asset backup setup. What would it look like? Don’t be constrained by current products, technologies, brands, or solutions. Invent a technology or product if you wish. Describe an ideal system that would work the way you want it to.

We know you have opinions about managing photos and videos. Bring them on!

We’re soliciting answers far and wide from amateurs and experts, weekend video makers and well-known professional photographers. We have a few amateur and professional photographers and videographers here at Backblaze, and they are contributing their comments, as well.

Once we have gathered all the responses, we’ll write a post on what we learned about how people are currently working and what they would do if anything were possible. Look for that post after the beginning of the year.

Don’t Miss Future Posts on Media Management

We don’t want you to miss our future posts on photography, videography, and digital asset management. To receive email notices of blog updates (and no spam, we promise), enter your email address above using the Join button at the top of the page.

Come Back on Thursday for our Photography Post (and a Special Giveaway, too)

This coming Thursday we’ll have a blog post about the different ways that photographers and videographers are currently managing their digital media assets.

Plus, you’ll have the chance to win a valuable hardware/software combination for digital media management that I am sure you will appreciate. (You’ll have to wait until Thursday to find out what the prize is, but it has a total value of over $700.)

Past Posts on Photography, Videography, and Digital Asset Management

We’ve written a number of blog posts about photos, videos, and managing digital assets. We’ve posted links to some of them below.

Four Tips To Help Photographers and Videographers Get The Most From B2

Four Tips To Help Photographers and Videographers Get The Most From B2

How to Back Up Your Mac’s Photos Library

How to Back Up Your Mac’s Photos Library

How To Back Up Your Flickr Library

How To Back Up Your Flickr Library

Getting Video Archives Out of Your Closet

Getting Video Archives Out of Your Closet

B2 Cloud Storage Roundup

B2 Cloud Storage Roundup

Backing Up Photos While Traveling

Backing up photos while traveling – feedback

Should I Use an External Drive for Backup?

Should I use an external drive for backup?

How to Connect your Synology NAS to B2

How to Connect your Synology NAS to B2

The post What’s the Best Solution for Managing Digital Photos and Videos? appeared first on Backblaze Blog | Cloud Storage & Cloud Backup.

Swiss Copyright Law Proposals: Good News for Pirates, Bad For Pirate Sites

Post Syndicated from Andy original https://torrentfreak.com/swiss-copyright-law-proposals-good-news-for-pirates-bad-for-pirate-sites-171124/

While Switzerland sits geographically in the heart of Europe, the country is not part of the European Union, meaning that its copyright laws are often out of touch with those of the countries encircling it.

For years this has meant heavy criticism from the United States, whose trade representative has put Switzerland on the Watch List, citing weaknesses in the country’s ability to curb online copyright infringement.

“The decision to place Switzerland on the Watch List this year is premised on U.S. concerns regarding specific difficulties in Switzerland’s system of online copyright protection and enforcement,” the USTR wrote in 2016.

Things didn’t improve in 2017. Referencing the so-called Logistep Decision, which found that collecting infringers’ IP addresses is unlawful, the USTR said that Switzerland had effectively deprived copyright holders of the means to enforce their rights online.

All of this criticism hasn’t fallen on deaf ears. For the past several years, Switzerland has been deeply involved in consultations that aim to shape future copyright law. Negotiations have been prolonged, however, with the Federal Council aiming to improve the situation for creators without impairing the position of consumers.

A new draft compromise tabled Wednesday is somewhat of a mixed bag, one that is unlikely to please the United States overall but could prove reasonably acceptable to the public.

First of all, people will still be able to ‘pirate’ as much copyrighted material as they like, as long as that content is consumed privately and does not include videogames or software, which are excluded. Any supposed losses accrued by the entertainment industries will be compensated via a compulsory tax of 13 Swiss francs ($13), levied on media playback devices including phones and tablets.

This freedom only applies to downloading and streaming, meaning that any uploading (distribution) is explicitly ruled out. So, while grabbing some streaming content via a ‘pirate’ Kodi addon is just fine, using BitTorrent to achieve the same is ruled out.

Indeed, rightsholders will be able to capture IP addresses of suspected infringers in order to file a criminal complaint with authorities. That being said, there will no system of warning notices targeting file-sharers.

But while the authorization of unlicensed downloads will only frustrate an already irritated United States, the other half of the deal is likely to be welcomed.

Under the recommendations, Internet services will not only be required to remove infringing content from their platforms, they’ll also be compelled to prevent that same content from reappearing. Failure to comply will result in prosecution. It’s a standard that copyright holders everywhere are keen for governments to adopt.

Additionally, the spotlight will fall on datacenters and webhosts that have a reputation for being popular with pirate sites. It’s envisioned that such providers will be prevented from offering services to known pirate sites, with the government clearly stating that services with piracy at the heart of their business models will be ripe for action.

But where there’s a plus for copyright holders, the Swiss have another minus. Previously it was proposed that in serious cases authorities should be able to order the ISP blocking of “obviously illegal content or sources.” That proposal has now been dropped, meaning no site-blocking will be allowed.

Other changes in the draft envision an extension of the copyright term from 50 to 70 years and improved protection for photographic works. The proposals also feature increased freedoms for researchers and libraries, who will be able to use copyrighted works without obtaining permission from rightsholders.

Overall the proposals are a pretty mixed bag but as Minister of Justice Simonetta Sommaruga said Wednesday, if no one is prepared to compromise, no one will get anything.

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

Google & Apple Order Telegram to Nuke Channel Over Taylor Swift Piracy

Post Syndicated from Andy original https://torrentfreak.com/google-apple-order-telegram-to-nuke-channel-over-taylor-swift-piracy-171123/

Financed by Russian Facebook (vKontakte) founder Pavel Durov, Telegram is a multi-platform messaging system that has grown from 100,000 daily users in 2013 to an impressive 100 million users in February 2016.

“Telegram is a messaging app with a focus on speed and security, it’s super-fast, simple and free. You can use Telegram on all your devices at the same time — your messages sync seamlessly across any number of your phones, tablets or computers,” the company’s marketing reads.

One of the attractive things about Telegram is that it allows users to communicate with each other using end-to-end encryption. In some cases, these systems are used for content piracy, of music and other smaller files in particular. This is compounded by the presence of user-programmed bots, which are able to search the web for illegal content and present it in a Telegram channel to which other users can subscribe.

While much of this sharing files under the radar when conducted privately, it periodically attracts attention from copyright holders when it takes place in public channels. That appears to have happened recently when popular channel “Any Suitable Pop” was completely disabled by Telegram, an apparent first following a copyright complaint.

According to channel creator Anton Vagin, the action by Telegram was probably due to the unauthorized recent sharing of the Taylor Swift album ‘Reputation’. However, it was the route of complaint that proves of most interest.

Rather than receiving a takedown notice directly from Big Machine Records, the label behind Swift’s releases, Telegram was forced into action after receiving threats from Apple and Google, the companies that distribute the Telegram app for iOS and Android respectively.

According to a message Vagin received from Telegram support, Apple and Google had received complaints about Swift’s album from Universal Music, the distributor of Big Machine Records. The suggestion was that if Telegram didn’t delete the infringing channel, distribution of the Telegram app via iTunes and Google Play would be at risk. Vagin received no warning notices from any of the companies involved.

Message from Telegram support

According to Russian news outlet VC.ru, which first reported the news, the channel was blocked in Telegram’s desktop applications, as well as in versions for Android, macOS and iOS. However, the channel still existed on the web and via Windows phone applications but all messages within had been deleted.

The fact that Google played a major role in the disappearing of the channel was subsequently confirmed by Telegram founder Pavel Durov, who commented that it was Google who “ultimately demanded the blocking of this channel.”

That Telegram finally caved into the demands of Google and/or Apple doesn’t really come as a surprise. In Telegram’s frequently asked questions section, the company specifically mentions the need to comply with copyright takedown demands in order to maintain distribution via the companies’ app marketplaces.

“Our mission is to provide a secure means of communication that works everywhere on the planet. To do this in the places where it is most needed (and to continue distributing Telegram through the App Store and Google Play), we have to process legitimate requests to take down illegal public content (sticker sets, bots, and channels) within the app,” the company notes.

Putting pressure on Telegram via Google and Apple over piracy isn’t a new development. In the past, representatives of the music industry threatened to complain to the companies over a channel operated by torrent site RuTracker, which was set up to share magnet links.

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

Ares Kodi Project Calls it Quits After Hollywood Cease & Desist

Post Syndicated from Andy original https://torrentfreak.com/ares-kodi-project-calls-it-quits-after-hollywood-cease-desist-171117/

This week has been particularly bad for those involved in the Kodi addon scene. Following cease-and-desist notices from the MPA-led anti-piracy coalition Alliance for Creativity and Entertainment, several addon developers and repositories shut down.

With Columbia, Disney, Paramount, Twentieth Century Fox, Universal, Warner, Netflix, Amazon and Sky TV all lined up for war, the third-party developers had little choice but to quit. One of those affected was the leader of the hugely popular Ares Project, which quietly disappeared mid-week.

The Ares Wizard was an extremely popular and important piece of software which allowed people to switch Kodi builds, install third-party addons, install popular repositories, change system settings, and carry out backups. It’s installed on huge numbers of machines worldwide but it will soon fall into disrepair.

The mighty Ares Wizard in action

“[This week] I was subject to a hand-delivered notice to cease-and-desist from MPA & ACE,” Ares Project leader Tekto informs TorrentFreak.

“Given the notice, we obviously shut down the repo and wizard as requested.”

The news that Ares Project is done and never coming back will be a huge blow to the community. The project just celebrated its second birthday and has grown exponentially since it first arrived on the scene.

“Ares Project started in Oct 2015. Originally it was to be a tool to setup up the video cache on Kodi correctly. However, many ideas were thrown into the pot and it became a wee bit more; such as a wizard to install community provided builds, common addons and few other tweaks and options,” Tekto says.

“For my own part I started blogging earlier that year as part of a longer-term goal to be self-funding. I always disliked seeing begging bowls out to support ‘server’ costs, many of which were cheap £5-10 per month servers that were used to gain £100s in donations.

“The blog, via affiliate links and ads, could and would provide the funds to cover our hosting costs without resorting to begging for money every weekend.”

Intrigued by this first wave of actions by ACE in Europe, TorrentFreak asked for a copy of the MPA/ACE cease-and-desist notice but unfortunately, Tekto flat-out refused. All he would tell us is that he’d agreed not to give out any copies or screenshots and that he was adhering to that 100%.

That only leaves speculation as to what grounds the MPA/ACE cited for closing the project but to be fair, it doesn’t take much thought to find a direct comparison. Earlier this year, in the BREIN v Filmspeler case, the European Court of Justice (ECJ) ruled that selling “fully-loaded” Kodi boxes amounted to illegally communicating copyrighted content to the public.

With that in mind, it doesn’t take much of a leap to see how this ruling could also apply to someone distributing “fully-loaded” Kodi software builds or addons via a website. It had previously been considered a legal gray area, of course, and it was in that space that the Ares team believed it operated. After all, it took ECJ clarification for local courts in the Netherlands to be satisfied with the legal position.

“There was never any question that what we were doing was illegal. We didn’t and never have hosted any content, we always prevented discussions about illegal paid services, and never sold any devices, pre-loaded or otherwise. That used to be enough to occupy the ‘gray’ area which meant we were safe to develop our applications. That changed in 2017 as we were to discover,” Tekto notes.

Up until this week and apparently oblivious to how the earlier ECJ ruling might affect their operation, things had been going extremely well for Ares. In mid-2016, the group moved to its own support forum that attracted 100,000 signed-up members and 300,000 visitors every month.

“This was quite an achievement in terms of viral marketing but ultimately this would become part of our downfall,” Tekto says.

“The recent innovation of the ‘basket driven’ Ares Portal system seems to have triggered the legal move to shut the project down completely. This simple system gave access to hundreds of add-ons. The system removed the need for builds, blogs and YouTubers – you just shopped on the site for addons and then installed them to your device with a simple 6 digit code.”

While Ares and Tekto still didn’t believe they were doing anything illegal (addons were linked, not hosted) it is now pretty clear to them that the previous gray area has been well and truly closed, at least as far as the MPA/ACE alliance is concerned. And with that in mind, the show is over. Done. Finished.

“We are not criminals or malicious hackers, we weren’t even careful about hiding our identities. You couldn’t meet a more ordinary bunch of folks in truth,” he says.

“There was never any question we would close our doors if what we were doing crossed any boundaries of legality. So with the notice served on us, we are closing our doors and removing all our websites and applications. It’s a sad day in many ways, but nobody wants to be facing court or a potential custodial sentence, for what is essentially a hobby.”

Finally, Tekto says that others like him might want to consider their positions carefully, before they too get a knock at the door. In the meantime, he gives thanks to the project’s supporters, who have remained loyal over the past two years.

“It just leaves me to thank our users for their support and step away from the Kodi scene,” he concludes.

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

Piracy ‘Fines’ Awareness Causes 13% of Pirates to Stop Pirating, Study Finds

Post Syndicated from Andy original https://torrentfreak.com/piracy-fines-awareness-cause-13-of-pirates-to-stop-pirating-study-finds-171105/

Figuring out what to do about the online piracy problem is an ongoing puzzle for rightsholders everywhere. What they’re all agreed upon, however, is the need to educate the public.

Various approaches have been deployed, from ISP-based ‘education’ notices through to the current practice of painting pirate sites as havens for viruses and malware. The other approach, of course, has been to threaten to sue pirates in an effort to make them change their ways.

These threats have traditionally been deployed by so-called copyright trolls – companies and groups who have the sole intention of extracting cash payments from pirates in order to generate an additional revenue stream. At the same time, many insist that their programs are also designed to reduce piracy via word of mouth.

While that might be true in some cases, there’s little proof that the approach works. However, a new study carried out on behalf of the Copyright Information and Anti-Piracy Center (CIAPC) in Finland suggests that they may have had some effect.

The survey was carried out between 11 September 2017 and 10 October 2017 among people aged 15 to 79-years-old. In total, 1001 people were interviewed, 77% of whom said they’d never used pirate services.

Of all people interviewed, 43% said they’d heard about copyright holders sending settlement letters to Internet users, although awareness rates were higher (between 51% and 55%) among people aged between 25 and 49-years-old. Predictably, awareness jumped to 70% among users of pirate services and it’s these individuals that produced some of the study’s most interesting findings.

Of the pirates who said they were aware of settlement letters being sent out, 13% reported that they’d terminated their use of pirate services as a result. A slightly higher figure, 14%, said they’d reduced their use of unauthorized content.

Perhaps surprisingly (given that they aren’t likely to receive a letter), the study also found that 17% of people who listen to or play content on illegal online services (implication: streaming) stopped doing so, with 13% cutting down on the practice.

“According to the Economic Research Survey, these two groups of respondents are partly overlapping, but it can still be said that the settlement letters have had a decisive impact on the use of pirated services,” CIAPC reports.

The study also found support for copyright holders looking to unmask alleged Internet pirates by compelling their ISPs to do so in court.

“The survey found that 65 percent of the population is fully or partly in favor of rightsholders being allowed to find out who has infringed their rights anonymously on the Internet,” the group adds.

Overall, just 17% of respondents said that rightsholders shouldn’t be able to find out people’s identities. Unsurprisingly, young pirates objected more than the others, with 35% of 25 to 49-year-old pirates coming out against disclosure. That being said, this figure suggests that 65% of pirates in this group are in favor of pirates being unmasked. That appears counter-intuitive, to say the least.

Speaking with TorrentFreak, Pirate Party vice council member of Espoo City Janne Paalijärvi says that study seems to have omitted to consider the effects of legal alternatives on pirate consumption.

“The analysis seemingly forgets to fully take into account the prevalence of legal streaming services such as Netflix,” Paalijärvi says.

“Legitimate, reasonably-priced and easy-to-use delivery platforms are the number one weapon against piracy. Not bullying your audience with copyright extortion letters. The latter approach creates unwanted hostility between artists and customers. It also increases the demand for political parties wanting to balance copyright legislation.”

Overall, however, Finland doesn’t appear to have a serious problem with piracy, at least as far as public perceptions go. According to the study, only 5% of citizens believe that unauthorized file-sharing is acceptable. The figure for 2016 was 7%.

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

Appeals Court Grills Cox and BMG in Piracy Liability Case

Post Syndicated from Ernesto original https://torrentfreak.com/appeals-court-grills-cox-and-bmg-in-piracy-liability-case-171027/

December 2015, a Virginia federal jury ruled that Internet provider Cox Communications was responsible for the copyright infringements of its subscribers.

The ISP was found guilty of willful contributory copyright infringement and ordered to pay music publisher BMG Rights Management $25 million in damages.

Cox swiftly filed its appeal arguing that the district court made several errors that may ultimately restrict the public’s access to Internet services.

This week the Court of Appeals for the Fourth Circuit heard oral argument from both sides, which turned out to be an interesting exercise. The panel of judges Motz, Shedd, and Wynn grilled of both attorneys in an effort to distill the crucial arguments.

Cox attorney Michael Elkin was first up. Among other things, he stressed that Cox didn’t have actual and sufficient knowledge of the claimed infringements.

While BMG uncovered internal Cox emails discussing how frequent offenders were kept on board, these were not specifically discussing BMG infringed works, he argues. However, Judge Wynn stressed that the emails in question did discuss Cox’s policy of not disconnecting infringers.

“But they’re talking about the general abuse department in terms of, where we get these things, this is what we’re going to do with them because we don’t want to lose customers. I mean, it’s the same thing,” he said.

It’s also clear that BMG sent over a million takedown notices to Cox. However, since these were not the ones referenced in the company’s internal emails, these are irrelevant when it comes to the company’s liability for alleged contributory infringement, Cox’s attorney noted.

The back and forth over various issues became rather lively up to a point where Elkin was asked to stop interrupting. “When a judge speaks, you have to be quiet,” Judge Shedd said.

BMG attorney Michael Allan was next in line to present his arguments, which were also carefully dissected by the judges. The attorney stressed that in addition to the takedown notices, BMG provided Cox with a wealth of information on the alleged infringers.

He explained that they sent 1.8 million takedown notices to Cox. When asked what the Internet provider should do with all these notices, Allan mentioned the dashboard they made available, which would help the ISP to check all claims.

“We also provided them with a dashboard. It’s a searchable website that they can search by most egregious repeat infringer, they can pull up every single piece of information we’ve ever provided to them, and they can play the actual songs that were downloaded,” BMG’s attorney said.

Judge Wynn, however, questioned whether the ISP’s abuse department would listen to thousands of infringing songs.

“An internet service provider is going to receive 20,000 of these things per day, 1.8 million a year, or whatever, I don’t care. And they’re going to start playing songs and things like that to see if it’s going on?

“You think that’s where this case is going to go?” Wynn added.

The judges then moved on to the repeat infringer question. An important question asked, was what a ‘repeat infringer’ actually is. BMG’s attorney described this as “someone who repeatedly infringes copyright,” but that wasn’t enough.

“How does somebody know a third party is an infringer? ‘Cause you say so?” Judge Shedd asked.

Cox, for example, sees a repeat infringer as someone who has been previously adjudicated, not someone who has received several takedown notices. Eventually, all had to admit that a repeat infringer is not clearly defined in the DMCA.

Judge Wynn then moved on to highlight another peculiarity. While this case deals with Cox’s failure to implement a repeat infringer policy, this legal requirement by itself is rather meaningless. Even when subscribers are disconnected, they can still join another ISP or come back to Cox after a few months, which makes it pointless.

“As Judge Motz indicated it’s not a perfect solution,” BMG’s lawyer commented.

“It’s not even a good one,” Judge Wynn added.

Another controversial topic that came up is the fact that Cox refused to pass on BMG’s demands because the ISP saw the included settlement demands as extortion. While BMG’s attorney tried to downplay the money issue, Judge Shedd made it very clear what this case is actually about.

“[The DMCA notice] says: you are infringing, you can go to this website and click and pay us $20 or $30. If not, you’re looking at a $150,000 fine. It was about collecting money. We don’t dance around that do we?” Shedd said.

Both Cox and BMG ultimately wanted money from the allegedly infringing subscribers, who might now face an even bigger threat.

“You have two corporations fighting over money, which may be justified. But the net effect of this battle is going to be up against another policy, which is, I think it is the policy, that people should have access to the Internet,” Judge Shedd said.

While the case can still go either way, the oral hearing suggests that the panel of judges is not putting too much weight on the notices sent by BMG. The internal emails from Cox appear to be the key part. Still, we’ll have to wait for the full opinion to see if that’s really true.

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

Tech Giants Warn Against Kodi Scapegoating

Post Syndicated from Ernesto original https://torrentfreak.com/tech-giants-warn-kodi-scapegoating-171022/

At the beginning of October, several entertainment industry groups shared their piracy concerns with the US Government’s Trade Representative (USTR).

Aside from pointing towards traditional websites, pirate streaming boxes were also brought up, by the MPAA among others.

“An emerging global threat is streaming piracy which is enabled by piracy devices preloaded with software to illicitly stream movies and television programming and a burgeoning ecosystem of infringing add-ons,” the MPAA noted.

This week the Computer & Communications Industry Association (CCIA), which includes members such as Amazon, Facebook, Google, and Netflix, notes that the USTR should be careful not to blame an open source media player such as Kodi, for the infringing actions of others.

CCIA wrote a rebuttal clarifying that Kodi and similar open source players are not the problem here.

“Another example of commenters raising concerns about generalized technology is the MPAA’s characterization of customizable, open-source set-top boxes utilizing the Kodi multimedia player application along with websites that allegedly ‘enable one-click installation of modified software onto set-top boxes or other internet-connected devices’,” CCIA writes.

While the MPAA itself also clearly mentioned that “Kodi is not itself unlawful,” CCIA stresses that any enforcement actions should be aimed at those who are breaking the law. The real targets include vendors who sell streaming boxes pre-loaded with infringing addons.

“These enforcement activities should focus on the infringers themselves, however, not a general purpose technology, such as an operating system for set-top boxes, which may be used in both lawful and unlawful ways.

“Open-source software designed for operating a home electronics device is unquestionably legitimate, and capable of substantial non-infringing uses,” CCIA adds in its cautionary letter the USTR.

While the MPAA’s submission was not trying to characterize Kodi itself as illegal, it did call out TVAddons.ag as a “piracy add-on repository.” The new incarnation of TVAddons wasn’t happy with this label and previously scolded the movie industry group for its comments, pointing out that it only received a handful of DMCA takedown notices in recent years.

“…in the entire history of TV ADDONS, XBMC HUB and OffshoreGit, we only received a total of about five DMCA notices in all; two of which were completely bogus. None of which came from a MPAA affiliate.”

While it’s obvious to most that Kodi isn’t the problem, as CCIA is highlighting, to many people it’s still unclear where the line between infringing and non-infringing is drawn. Lawsuits, including those against TVAddons and TickBox, are expected to bring more clarity.

CCIA’s full submission is available here (pdf).

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

Epic Games Sues Man Over Bitcoin Mining Fortnite ‘Cheat’

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

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

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

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

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

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

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

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

Epic ‘cheat’

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

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

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

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

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

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

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

Google Asked to Remove 3 Billion “Pirate” Search Results

Post Syndicated from Ernesto original https://torrentfreak.com/google-asked-to-remove-3-billion-pirate-search-results-171018/

Copyright holders continue to flood Google with DMCA takedown requests, asking the company to remove “pirate links” from its search results.

In recent years the number of reported URLs has exploded, surging to unprecedented heights.

Since Google first started to report the volume of takedown requests in its Transparency Report, the company has been asked to remove more than three billion allegedly infringing search results.

The frequency at which these URLs are reported has increased over the years and at the moment roughly three million ‘pirate’ URLs are submitted per day.

The URLs are sent in by major rightsholders including members of the BPI, RIAA, and various major Hollywood studios. They target a wide variety of sites, over 1.3 million, but a few dozen ‘repeat offenders’ are causing the most trouble.

File-hosting service 4shared.com currently tops the list of most-targeted domains with 66 million URLs, followed by the now-defunct MP3 download site MP3toys.xyz and Rapidgator.net, with 51 and 28 million URLs respectively.

3 billion URLs

Interestingly, the high volume of takedown notices is used as an argument for and against the DMCA process.

While Google believes that the millions of reported URLs per day are a sign that the DMCA takedown process is working correctly, rightsholders believe the volumes are indicative of an unbeatable game of whack-a-mole.

According to some copyright holders, the takedown efforts do little to seriously combat piracy. Various industry groups have therefore asked governments and lawmakers for broad revisions.

Among other things they want advanced technologies and processes to ensure that infringing content doesn’t reappear elsewhere once it’s removed, a so-called “notice and stay down” approach. In addition, Google has often been asked to demote pirate links in search results.

UK music industry group BPI, who are responsible for more than 10% of all the takedown requests on Google, sees the new milestone as an indicator of how much effort its anti-piracy activities take.

“This 3 billion figure shows how hard the creative sector has to work to police its content online and how much time and resource this takes. The BPI is the world’s largest remover of illegal music links from Google, one third of which are on behalf of independent record labels,” Geoff Taylor, BPI’s Chief Executive, informs TF.

However, there is also some progress to report. Earlier this year BPI announced a voluntary partnership with Google and Bing to demote pirate content faster and more effectively for US visitors.

“We now have a voluntary code of practice in place in the UK, facilitated by Government, that requires Google and Bing to work together with the BPI and other creator organizations to develop lasting solutions to the problem of illegal sites gaining popularity in search listings,” Taylor notes.

According to BPI, both Google and Bing have shown that changes to their algorithms can be effective in demoting the worst pirate sites from the top search results and they hope others will follow suit.

“Other intermediaries should follow this lead and take more responsibility to work with creators to reduce the proliferation of illegal links and disrupt the ability of illegal sites to capture consumers and build black market businesses that take money away from creators.”

Agreement or not, there are still plenty of pirate links in search results, so the BPI is still sending out millions of takedown requests per month.

We asked Google for a comment on the new milestone but at the time of writing, we have yet to hear back. In any event, the issue is bound to remain a hot topic during the months and years to come.

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

Coaxing 2D platforming out of Unity

Post Syndicated from Eevee original https://eev.ee/blog/2017/10/13/coaxing-2d-platforming-out-of-unity/

An anonymous donor asked a question that I can’t even begin to figure out how to answer, but they also said anything else is fine, so here’s anything else.

I’ve been avoiding writing about game physics, since I want to save it for ✨ the book I’m writing ✨, but that book will almost certainly not touch on Unity. Here, then, is a brief run through some of the brick walls I ran into while trying to convince Unity to do 2D platforming.

This is fairly high-level — there are no blocks of code or helpful diagrams. I’m just getting this out of my head because it’s interesting. If you want more gritty details, I guess you’ll have to wait for ✨ the book ✨.

The setup

I hadn’t used Unity before. I hadn’t even used a “real” physics engine before. My games so far have mostly used LÖVE, a Lua-based engine. LÖVE includes box2d bindings, but for various reasons (not all of them good), I opted to avoid them and instead write my own physics completely from scratch. (How, you ask? ✨ Book ✨!)

I was invited to work on a Unity project, Chaos Composer, that someone else had already started. It had basic movement already implemented; I taught myself Unity’s physics system by hacking on it. It’s entirely possible that none of this is actually the best way to do anything, since I was really trying to reproduce my own homegrown stuff in Unity, but it’s the best I’ve managed to come up with.

Two recurring snags were that you can’t ask Unity to do multiple physics updates in a row, and sometimes getting the information I wanted was difficult. Working with my own code spoiled me a little, since I could invoke it at any time and ask it anything I wanted; Unity, on the other hand, is someone else’s black box with a rigid interface on top.

Also, wow, Googling for a lot of this was not quite as helpful as expected. A lot of what’s out there is just the first thing that works, and often that’s pretty hacky and imposes severe limits on the game design (e.g., “this won’t work with slopes”). Basic movement and collision are the first thing you do, which seems to me like the worst time to be locking yourself out of a lot of design options. I tried very (very, very, very) hard to minimize those kinds of constraints.

Problem 1: Movement

When I showed up, movement was already working. Problem solved!

Like any good programmer, I immediately set out to un-solve it. Given a “real” physics engine like Unity prominently features, you have two options: ⓐ treat the player as a physics object, or ⓑ don’t. The existing code went with option ⓑ, like I’d done myself with LÖVE, and like I’d seen countless people advise. Using a physics sim makes for bad platforming.

But… why? I believed it, but I couldn’t concretely defend it. I had to know for myself. So I started a blank project, drew some physics boxes, and wrote a dozen-line player controller.

Ah! Immediate enlightenment.

If the player was sliding down a wall, and I tried to move them into the wall, they would simply freeze in midair until I let go of the movement key. The trouble is that the physics sim works in terms of forces — moving the player involves giving them a nudge in some direction, like a giant invisible hand pushing them around the level. Surprise! If you press a real object against a real wall with your real hand, you’ll see the same effect — friction will cancel out gravity, and the object will stay in midair..

Platformer movement, as it turns out, doesn’t make any goddamn physical sense. What is air control? What are you pushing against? Nothing, really; we just have it because it’s nice to play with, because not having it is a nightmare.

I looked to see if there were any common solutions to this, and I only really found one: make all your walls frictionless.

Game development is full of hacks like this, and I… don’t like them. I can accept that minor hacks are necessary sometimes, but this one makes an early and widespread change to a fundamental system to “fix” something that was wrong in the first place. It also imposes an “invisible” requirement, something I try to avoid at all costs — if you forget to make a particular wall frictionless, you’ll never know unless you happen to try sliding down it.

And so, I swiftly returned to the existing code. It wasn’t too different from what I’d come up with for LÖVE: it applied gravity by hand, tracked the player’s velocity, computed the intended movement each frame, and moved by that amount. The interesting thing was that it used MovePosition, which schedules a movement for the next physics update and stops the movement if the player hits something solid.

It’s kind of a nice hybrid approach, actually; all the “physics” for conscious actors is done by hand, but the physics engine is still used for collision detection. It’s also used for collision rejection — if the player manages to wedge themselves several pixels into a solid object, for example, the physics engine will try to gently nudge them back out of it with no extra effort required on my part. I still haven’t figured out how to get that to work with my homegrown stuff, which is built to prevent overlap rather than to jiggle things out of it.

But wait, what about…

Our player is a dynamic body with rotation lock and no gravity. Why not just use a kinematic body?

I must be missing something, because I do not understand the point of kinematic bodies. I ran into this with Godot, too, which documented them the same way: as intended for use as players and other manually-moved objects. But by default, they don’t even collide with other kinematic bodies or static geometry. What? There’s a checkbox to turn this on, which I enabled, but then I found out that MovePosition doesn’t stop kinematic bodies when they hit something, so I would’ve had to cast along the intended path of movement to figure out when to stop, thus duplicating the same work the physics engine was about to do.

But that’s impossible anyway! Static geometry generally wants to be made of edge colliders, right? They don’t care about concave/convex. Imagine the player is standing on the ground near a wall and tries to move towards the wall. Both the ground and the wall are different edges from the same edge collider.

If you try to cast the player’s hitbox horizontally, parallel to the ground, you’ll only get one collision: the existing collision with the ground. Casting doesn’t distinguish between touching and hitting. And because Unity only reports one collision per collider, and because the ground will always show up first, you will never find out about the impending wall collision.

So you’re forced to either use raycasts for collision detection or decomposed polygons for world geometry, both of which are slightly worse tools for no real gain.

I ended up sticking with a dynamic body.


Oh, one other thing that doesn’t really fit anywhere else: keep track of units! If you’re adding something called “velocity” directly to something called “position”, something has gone very wrong. Acceleration is distance per time squared; velocity is distance per time; position is distance. You must multiply or divide by time to convert between them.

I never even, say, add a constant directly to position every frame; I always phrase it as velocity and multiply by Δt. It keeps the units consistent: time is always in seconds, not in tics.

Problem 2: Slopes

Ah, now we start to get off in the weeds.

A sort of pre-problem here was detecting whether we’re on a slope, which means detecting the ground. The codebase originally used a manual physics query of the area around the player’s feet to check for the ground, which seems to be somewhat common, but that can’t tell me the angle of the detected ground. (It’s also kind of error-prone, since “around the player’s feet” has to be specified by hand and may not stay correct through animations or changes in the hitbox.)

I replaced that with what I’d eventually settled on in LÖVE: detect the ground by detecting collisions, and looking at the normal of the collision. A normal is a vector that points straight out from a surface, so if you’re standing on the ground, the normal points straight up; if you’re on a 10° incline, the normal points 10° away from straight up.

Not all collisions are with the ground, of course, so I assumed something is ground if the normal pointed away from gravity. (I like this definition more than “points upwards”, because it avoids assuming anything about the direction of gravity, which leaves some interesting doors open for later on.) That’s easily detected by taking the dot product — if it’s negative, the collision was with the ground, and I now have the normal of the ground.

Actually doing this in practice was slightly tricky. With my LÖVE engine, I could cram this right into the middle of collision resolution. With Unity, not quite so much. I went through a couple iterations before I really grasped Unity’s execution order, which I guess I will have to briefly recap for this to make sense.

Unity essentially has two update cycles. It performs physics updates at fixed intervals for consistency, and updates everything else just before rendering. Within a single frame, Unity does as many fixed physics updates as it has spare time for (which might be zero, one, or more), then does a regular update, then renders. User code can implement either or both of Update, which runs during a regular update, and FixedUpdate, which runs just before Unity does a physics pass.

So my solution was:

  • At the very end of FixedUpdate, clear the actor’s “on ground” flag and ground normal.

  • During OnCollisionEnter2D and OnCollisionStay2D (which are called from within a physics pass), if there’s a collision that looks like it’s with the ground, set the “on ground” flag and ground normal. (If there are multiple ground collisions, well, good luck figuring out the best way to resolve that! At the moment I’m just taking the first and hoping for the best.)

That means there’s a brief window between the end of FixedUpdate and Unity’s physics pass during which a grounded actor might mistakenly believe it’s not on the ground, which is a bit of a shame, but there are very few good reasons for anything to be happening in that window.

Okay! Now we can do slopes.

Just kidding! First we have to do sliding.

When I first looked at this code, it didn’t apply gravity while the player was on the ground. I think I may have had some problems with detecting the ground as result, since the player was no longer pushing down against it? Either way, it seemed like a silly special case, so I made gravity always apply.

Lo! I was a fool. The player could no longer move.

Why? Because MovePosition does exactly what it promises. If the player collides with something, they’ll stop moving. Applying gravity means that the player is trying to move diagonally downwards into the ground, and so MovePosition stops them immediately.

Hence, sliding. I don’t want the player to actually try to move into the ground. I want them to move the unblocked part of that movement. For flat ground, that means the horizontal part, which is pretty much the same as discarding gravity. For sloped ground, it’s a bit more complicated!

Okay but actually it’s less complicated than you’d think. It can be done with some cross products fairly easily, but Unity makes it even easier with a couple casts. There’s a Vector3.ProjectOnPlane function that projects an arbitrary vector on a plane given by its normal — exactly the thing I want! So I apply that to the attempted movement before passing it along to MovePosition. I do the same thing with the current velocity, to prevent the player from accelerating infinitely downwards while standing on flat ground.

One other thing: I don’t actually use the detected ground normal for this. The player might be touching two ground surfaces at the same time, and I’d want to project on both of them. Instead, I use the player body’s GetContacts method, which returns contact points (and normals!) for everything the player is currently touching. I believe those contact points are tracked by the physics engine anyway, so asking for them doesn’t require any actual physics work.

(Looking at the code I have, I notice that I still only perform the slide for surfaces facing upwards — but I’d want to slide against sloped ceilings, too. Why did I do this? Maybe I should remove that.)

(Also, I’m pretty sure projecting a vector on a plane is non-commutative, which raises the question of which order the projections should happen in and what difference it makes. I don’t have a good answer.)

(I note that my LÖVE setup does something slightly different: it just tries whatever the movement ought to be, and if there’s a collision, then it projects — and tries again with the remaining movement. But I can’t ask Unity to do multiple moves in one physics update, alas.)

Okay! Now, slopes. But actually, with the above work done, slopes are most of the way there already.

One obvious problem is that the player tries to move horizontally even when on a slope, and the easy fix is to change their movement from speed * Vector2.right to speed * new Vector2(ground.y, -ground.x) while on the ground. That’s the ground normal rotated a quarter-turn clockwise, so for flat ground it still points to the right, and in general it points rightwards along the ground. (Note that it assumes the ground normal is a unit vector, but as far as I’m aware, that’s true for all the normals Unity gives you.)

Another issue is that if the player stands motionless on a slope, gravity will cause them to slowly slide down it — because the movement from gravity will be projected onto the slope, and unlike flat ground, the result is no longer zero. For conscious actors only, I counter this by adding the opposite factor to the player’s velocity as part of adding in their walking speed. This matches how the real world works, to some extent: when you’re standing on a hill, you’re exerting some small amount of effort just to stay in place.

(Note that slope resistance is not the same as friction. Okay, yes, in the real world, virtually all resistance to movement happens as a result of friction, but bracing yourself against the ground isn’t the same as being passively resisted.)

From here there are a lot of things you can do, depending on how you think slopes should be handled. You could make the player unable to walk up slopes that are too steep. You could make walking down a slope faster than walking up it. You could make jumping go along the ground normal, rather than straight up. You could raise the player’s max allowed speed while running downhill. Whatever you want, really. Armed with a normal and awareness of dot products, you can do whatever you want.

But first you might want to fix a few aggravating side effects.

Problem 3: Ground adherence

I don’t know if there’s a better name for this. I rarely even see anyone talk about it, which surprises me; it seems like it should be a very common problem.

The problem is: if the player runs up a slope which then abruptly changes to flat ground, their momentum will carry them into the air. For very fast players going off the top of very steep slopes, this makes sense, but it becomes visible even for relatively gentle slopes. It was a mild nightmare in the original release of our game Lunar Depot 38, which has very “rough” ground made up of lots of shallow slopes — so the player is very frequently slightly off the ground, which meant they couldn’t jump, for seemingly no reason. (I even had code to fix this, but I disabled it because of a silly visual side effect that I never got around to fixing.)

Anyway! The reason this is a problem is that game protagonists are generally not boxes sliding around — they have legs. We don’t go flying off the top of real-world hilltops because we put our foot down until it touches the ground.

Simulating this footfall is surprisingly fiddly to get right, especially with someone else’s physics engine. It’s made somewhat easier by Cast, which casts the entire hitbox — no matter what shape it is — in a particular direction, as if it had moved, and tells you all the hypothetical collisions in order.

So I cast the player in the direction of gravity by some distance. If the cast hits something solid with a ground-like collision normal, then the player must be close to the ground, and I move them down to touch it (and set that ground as the new ground normal).

There are some wrinkles.

Wrinkle 1: I only want to do this if the player is off the ground now, but was on the ground last frame, and is not deliberately moving upwards. That latter condition means I want to skip this logic if the player jumps, for example, but also if the player is thrust upwards by a spring or abducted by a UFO or whatever. As long as external code goes through some interface and doesn’t mess with the player’s velocity directly, that shouldn’t be too hard to track.

Wrinkle 2: When does this logic run? It needs to happen after the player moves, which means after a Unity physics pass… but there’s no callback for that point in time. I ended up running it at the beginning of FixedUpdate and the beginning of Update — since I definitely want to do it before rendering happens! That means it’ll sometimes happen twice between physics updates. (I could carefully juggle a flag to skip the second run, but I… didn’t do that. Yet?)

Wrinkle 3: I can’t move the player with MovePosition! Remember, MovePosition schedules a movement, it doesn’t actually perform one; that means if it’s called twice before the physics pass, the first call is effectively ignored. I can’t easily combine the drop with the player’s regular movement, for various fiddly reasons. I ended up doing it “by hand” using transform.Translate, which I think was the “old way” to do manual movement before MovePosition existed. I’m not totally sure if it activates triggers? For that matter, I’m not sure it even notices collisions — but since I did a full-body Cast, there shouldn’t be any anyway.

Wrinkle 4: What, exactly, is “some distance”? I’ve yet to find a satisfying answer for this. It seems like it ought to be based on the player’s current speed and the slope of the ground they’re moving along, but every time I’ve done that math, I’ve gotten totally ludicrous answers that sometimes exceed the size of a tile. But maybe that’s not wrong? Play around, I guess, and think about when the effect should “break” and the player should go flying off the top of a hill.

Wrinkle 5: It’s possible that the player will launch off a slope, hit something, and then be adhered to the ground where they wouldn’t have hit it. I don’t much like this edge case, but I don’t see a way around it either.

This problem is surprisingly awkward for how simple it sounds, and the solution isn’t entirely satisfying. Oh, well; the results are much nicer than the solution. As an added bonus, this also fixes occasional problems with running down a hill and becoming detached from the ground due to precision issues or whathaveyou.

Problem 4: One-way platforms

Ah, what a nightmare.

It took me ages just to figure out how to define one-way platforms. Only block when the player is moving downwards? Nope. Only block when the player is above the platform? Nuh-uh.

Well, okay, yes, those approaches might work for convex players and flat platforms. But what about… sloped, one-way platforms? There’s no reason you shouldn’t be able to have those. If Super Mario World can do it, surely Unity can do it almost 30 years later.

The trick is, again, to look at the collision normal. If it faces away from gravity, the player is hitting a ground-like surface, so the platform should block them. Otherwise (or if the player overlaps the platform), it shouldn’t.

Here’s the catch: Unity doesn’t have conditional collision. I can’t decide, on the fly, whether a collision should block or not. In fact, I think that by the time I get a callback like OnCollisionEnter2D, the physics pass is already over.

I could go the other way and use triggers (which are non-blocking), but then I have the opposite problem: I can’t stop the player on the fly. I could move them back to where they hit the trigger, but I envision all kinds of problems as a result. What if they were moving fast enough to activate something on the other side of the platform? What if something else moved to where I’m trying to shove them back to in the meantime? How does this interact with ground detection and listing contacts, which would rightly ignore a trigger as non-blocking?

I beat my head against this for a while, but the inability to respond to collision conditionally was a huge roadblock. It’s all the more infuriating a problem, because Unity ships with a one-way platform modifier thing. Unfortunately, it seems to have been implemented by someone who has never played a platformer. It’s literally one-way — the player is only allowed to move straight upwards through it, not in from the sides. It also tries to block the player if they’re moving downwards while inside the platform, which invokes clumsy rejection behavior. And this all seems to be built into the physics engine itself somehow, so I can’t simply copy whatever they did.

Eventually, I settled on the following. After calculating attempted movement (including sliding), just at the end of FixedUpdate, I do a Cast along the movement vector. I’m not thrilled about having to duplicate the physics engine’s own work, but I do filter to only things on a “one-way platform” physics layer, which should at least help. For each object the cast hits, I use Physics2D.IgnoreCollision to either ignore or un-ignore the collision between the player and the platform, depending on whether the collision was ground-like or not.

(A lot of people suggested turning off collision between layers, but that can’t possibly work — the player might be standing on one platform while inside another, and anyway, this should work for all actors!)

Again, wrinkles! But fewer this time. Actually, maybe just one: handling the case where the player already overlaps the platform. I can’t just check for that with e.g. OverlapCollider, because that doesn’t distinguish between overlapping and merely touching.

I came up with a fairly simple fix: if I was going to un-ignore the collision (i.e. make the platform block), and the cast distance is reported as zero (either already touching or overlapping), I simply do nothing instead. If I’m standing on the platform, I must have already set it blocking when I was approaching it from the top anyway; if I’m overlapping it, I must have already set it non-blocking to get here in the first place.

I can imagine a few cases where this might go wrong. Moving platforms, especially, are going to cause some interesting issues. But this is the best I can do with what I know, and it seems to work well enough so far.

Oh, and our player can deliberately drop down through platforms, which was easy enough to implement; I just decide the platform is always passable while some button is held down.

Problem 5: Pushers and carriers

I haven’t gotten to this yet! Oh boy, can’t wait. I implemented it in LÖVE, but my way was hilariously invasive; I’m hoping that having a physics engine that supports a handwaved “this pushes that” will help. Of course, you also have to worry about sticking to platforms, for which the recommended solution is apparently to parent the cargo to the platform, which sounds goofy to me? I guess I’ll find out when I throw myself at it later.

Overall result

I ended up with a fairly pleasant-feeling system that supports slopes and one-way platforms and whatnot, with all the same pieces as I came up with for LÖVE. The code somehow ended up as less of a mess, too, but it probably helps that I’ve been down this rabbit hole once before and kinda knew what I was aiming for this time.

Animation of a character running smoothly along the top of an irregular dinosaur skeleton

Sorry that I don’t have a big block of code for you to copy-paste into your project. I don’t think there are nearly enough narrative discussions of these fundamentals, though, so hopefully this is useful to someone. If not, well, look forward to ✨ my book, that I am writing ✨!

Cloudflare CEO Has to Explain Lack of Pirate Site Terminations

Post Syndicated from Ernesto original https://torrentfreak.com/cloudflare-ceo-has-to-explain-lack-of-pirate-site-terminations-171010/

In August, Cloudflare CEO Matthew Prince decided to terminate the account of controversial neo-Nazi site Daily Stormer.

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

The decision was meant as an intellectual exercise to start a conversation regarding censorship and free speech on the internet. In this respect it was a success but the discussion went much further than Prince had intended.

Cloudflare had a long-standing policy not to remove any accounts without a court order, so when this was exceeded, eyebrows were raised. In particular, copyright holders wondered why the company could terminate this account but not those of the most notorious pirate sites.

Adult entertainment publisher ALS Scan raised this question in its piracy liability case against Cloudflare, asking for a 7-hour long deposition of the company’s CEO, to find out more. Cloudflare opposed this request, saying it was overbroad and unneeded, while asking the court to weigh in.

After reviewing the matter, Magistrate Judge Alexander MacKinnon decided to allow the deposition, but in a limited form.

“An initial matter, the Court finds that ALS Scan has not made a showing that would justify a 7 hour deposition of Mr. Prince covering a wide range of topics,” the order (pdf) reads.

“On the other hand, a review of the record shows that ALS Scan has identified a narrow relevant issue for which it appears Mr. Prince has unique knowledge and for which less intrusive discovery has been exhausted.”

ALS Scan will be able to interrogate Cloudflare’s CEO but only for two hours. The deposition must be specifically tailored toward his motivation (not) to use his authority to terminate the accounts of ‘pirating’ customers.

“The specific topic is the use (or non-use) of Mr. Prince’s authority to terminate customers, as specifically applied to customers for whom Cloudflare has received notices of copyright infringement,” the order specifies.

Whether this deposition will help ALS Scan argue its case has yet to be seen. Based on earlier submissions, the CEO will likely argue that the Daily Stormer case was an exception to make a point and that it’s company policy to require a court order to respond to infringement claims.

Meanwhile, more questions are being raised. Just a few days ago Cloudflare suspended the account of a customer for using a cryptocurrency miner. Apparently, Cloudflare classifies these miners as malware, triggering a punishment without a court order.

ALS Scan and other copyright holders would like to see a similar policy against notorious pirate sites, but thus far Cloudflare is having none of it.

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

Hitman’s Bodyguard Pirates Get Automated $300 Fine

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

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

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

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

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

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

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

Part of the DMCA notice

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

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

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



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

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

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

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

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

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

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

MPAA Reports Pirate Sites, Hosts and Ad-Networks to US Government

Post Syndicated from Ernesto original https://torrentfreak.com/mpaa-reports-pirate-sites-hosts-and-ad-networks-to-us-government-171004/

Responding to a request from the Office of the US Trade Representative (USTR), the MPAA has submitted an updated list of “notorious markets” that it says promote the illegal distribution of movies and TV-shows.

These annual submissions help to guide the U.S. Government’s position towards foreign countries when it comes to copyright enforcement.

What stands out in the MPAA’s latest overview is that it no longer includes offline markets, only sites and services that are available on the Internet. This suggests that online copyright infringement is seen as a priority.

The MPAA’s report includes more than two dozen alleged pirate sites in various categories. While this is not an exhaustive list, the movie industry specifically highlights some of the worst offenders in various categories.

“Content thieves take advantage of a wide constellation of easy-to-use online technologies, such as direct download and streaming, to create infringing sites and applications, often with the look and feel of legitimate content distributors, luring unsuspecting consumers into piracy,” the MPAA writes.

According to the MPAA, torrent sites remain popular, serving millions of torrents to tens of millions of users at any given time.

The Pirate Bay has traditionally been one of the main targets. Based on data from Alexa and SimilarWeb, the MPAA says that TPB has about 62 million unique visitors per month. The other torrent sites mentioned are 1337x.to, Rarbg.to, Rutracker.org, and Torrentz2.eu.

MPAA calls out torrent sites

The second highlighted category covers various linking and streaming sites. This includes the likes of Fmovies.is, Gostream.is, Primewire.ag, Kinogo.club, MeWatchSeries.to, Movie4k.tv and Repelis.tv.

Direct download sites and video hosting services also get a mention. Nowvideo.sx, Openload.co, Rapidgator.net, Uploaded.net and the Russian social network VK.com. Many of these services refuse to properly process takedown notices, the MPAA claims.

The last category is new and centers around piracy apps. These sites offer mobile applications that allow users to stream pirated content, such as IpPlayBox.tv, MoreTV, 3DBoBoVR, TVBrowser, and KuaiKa, which are particularly popular in Asia.

Aside from listing specific sites, the MPAA also draws the US Government’s attention to the streaming box problem. The report specifically mentions that Kodi-powered boxes are regularly abused for infringing purposes.

“An emerging global threat is streaming piracy which is enabled by piracy devices preloaded with software to illicitly stream movies and television programming and a burgeoning ecosystem of infringing add-ons,” the MPAA notes.

“The most popular software is an open source media player software, Kodi. Although Kodi is not itself unlawful, and does not host or link to unlicensed content, it can be easily configured to direct consumers toward unlicensed films and television shows.”

Pirate streaming boxes

There are more than 750 websites offering infringing devices, the Hollywood group notes, adding that the rapid growth of this problem is startling. Interestingly, the report mentions TVAddons.ag as a “piracy add-on repository,” noting that it’s currently offline. Whether the new TVAddons is also seen a problematic is unclear.

The MPAA also continues its trend of calling out third-party intermediaries, including hosting providers. These companies refuse to take pirate sites offline following complaints, even when the MPAA views them as blatantly violating the law.

“Hosting companies provide the essential infrastructure required to operate a website,” the MPAA writes. “Given the central role of hosting providers in the online ecosystem, it is very concerning that many refuse to take action upon being notified…”

The Hollywood group specifically mentions Private Layer and Netbrella as notorious markets. CDN provider CloudFlare is also named. As a US-based company, the latter can’t be included in the list. However, the MPAA explains that it is often used as an anonymization tool by sites and services that are mentioned in the report.

Another group of intermediaries that play a role in fueling piracy (mentioned for the first time) are advertising networks. The MPAA specifically calls out the Canadian company WWWPromoter, which works with sites such as Primewire.ag, Projectfreetv.at and 123movies.to

“The companies connecting advertisers to infringing websites and inadvertently contribute to the prevalence and prosperity of infringing sites by providing funding to the operators of these sites through advertising revenue,” the MPAA writes.

The MPAA’s full report is available here (pdf). The USTR will use this input above to make up its own list of notorious markets. This will help to identify current threats and call on foreign governments to take appropriate action.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Advice summary

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

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

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

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

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

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

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

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

Six Strikes Piracy Scheme May Be Dead But Those Warnings Keep on Coming

Post Syndicated from Andy original https://torrentfreak.com/six-strikes-piracy-scheme-may-be-dead-but-those-warnings-keep-on-coming-171001/

After at least 15 years of Internet pirates being monitored by copyright holders, one might think that the message would’ve sunk in by now. For many, it definitely hasn’t.

Bottom line: when people use P2P networks and protocols (such as BitTorrent) to share files including movies and music, copyright holders are often right there, taking notes about what is going on, perhaps in preparation for further action.

That can take a couple of forms, including suing users or, more probably, firing off a warning notice to their Internet service providers. Those notices are a little like a speeding ticket, telling the subscriber off for sharing copyrighted material but letting them off the hook if they promise to be good in future.

In 2013, the warning notice process in the US was formalized into what was known as the Copyright Alert System, a program through which most Internet users could receive at least six piracy warning notices without having any serious action taken against them. In January 2017, without having made much visible progress, it was shut down.

In some corners of the web there are still users under the impression that since the “six strikes” scheme has been shut down, all of a sudden US Internet users can forget about receiving a warning notice. In reality, the complete opposite is true.

While it’s impossible to put figures on how many notices get sent out (ISPs are reluctant to share the data), monitoring of various piracy-focused sites and forums indicates that plenty of notices are still being sent to ISPs, who are cheerfully sending them on to subscribers.

Also, over the past couple of months, there appears to have been an uptick in subscribers seeking advice after receiving warnings. Many report basic notices but there seems to be a bit of a trend of Internet connections being suspended or otherwise interrupted, apparently as a result of an infringement notice being received.

“So, over the weekend my internet got interrupted by my ISP (internet service provider) stating that someone on my network has violated some copyright laws. I had to complete a survey and they brought back the internet to me,” one subscriber wrote a few weeks ago. He added that his (unnamed) ISP advised him that seven warnings would get his account disconnected.

Another user, who named his ISP as Comcast, reported receiving a notice after downloading a game using BitTorrent. He was warned that the alleged infringement “may result in the suspension or termination of your Service account” but what remains unclear is how many warnings people can receive before this happens.

For example, a separate report from another Comcast user stated that one night of careless torrenting led to his mother receiving 40 copyright infringement notices the next day. He didn’t state which company the notices came from but 40 is clearly a lot in such a short space of time. That being said and as far as the report went, it didn’t lead to a suspension.

Of course, it’s possible that Comcast doesn’t take action if a single company sends many notices relating to the same content in a small time frame (Rightscorp is known to do this) but the risk is still there. Verizon, it seems, can suspend accounts quite easily.

“So lately I’ve been getting more and more annoyed with pirating because I get blasted with a webpage telling me my internet is disconnected and that I need to delete the file to reconnect, with the latest one having me actually call Verizon to reconnect,” a subscriber to the service reported earlier this month.

A few days ago, a Time Warner Cable customer reported having to take action after receiving his third warning notice from the ISP.

“So I’ve gotten three notices and after the third one I just went online to my computer and TWC had this page up that told me to stop downloading illegally and I had to click an ‘acknowledge’ button at the bottom of the page to be able to continue to use my internet,” he said.

Also posting this week, another subscriber of an unnamed ISP revealed he’d been disconnected twice in the past year. His comments raise a few questions that keep on coming up in these conversations.

“The first time [I was disconnected] was about a year ago and the next was a few weeks ago. When it happened I was downloading some fairly new movies so I was wondering if they monitor these new movie releases since they are more popular. Also are they monitoring what I am doing since I have been caught?” he asked.

While there is plenty of evidence to suggest that old content is also monitored, there’s little doubt that the fresher the content, the more likely it is to be monitored by copyright holders. If people are downloading a brand new movie, they should expect it to be monitored by someone, somewhere.

The second point, about whether risk increases after being caught already, is an interesting one, for a number of reasons.

Following the BMG v Cox Communication case, there is now a big emphasis on ISPs’ responsibility towards dealing with subscribers who are alleged to be repeat infringers. Anti-piracy outfit Rightscorp was deeply involved in that case and the company has a patent for detecting repeat infringers.

It’s becoming clear that the company actively targets such people in order to assist copyright holders (which now includes the RIAA) in strategic litigation against ISPs, such as Grande Communications, who are claimed to be going soft on repeat infringers.

Overall, however, there’s no evidence that “getting caught” once increases the chances of being caught again, but subscribers should be aware that the Cox case changed the position on the ground. If anecdotal evidence is anything to go by, it now seems that ISPs are tightening the leash on suspected pirates and are more likely to suspend or disconnect them in the face of repeated complaints.

The final question asked by the subscriber who was disconnected twice is a common one among people receiving notices.

“What can I do to continue what we all love doing?” he asked.

Time and time again, on sites like Reddit and other platforms attracting sharers, the response is the same.

“Get a paid VPN. I’m amazed you kept torrenting without protection after having your internet shut off, especially when downloading recent movies,” one such response reads.

Nevertheless, this still fails to help some people fully understand the notices they receive, leaving them worried about what might happen after receiving one. However, the answer is nearly always straightforward.

If the notice says “stop sharing content X”, then recipients should do so, period. And, if the notice doesn’t mention specific legal action, then it’s almost certain that no action is underway. They are called warning notices for a reason.

Also, notice recipients should consider the part where their ISP assures them that their details haven’t been shared with third parties. That is the truth and will remain that way unless subscribers keep ignoring notices. Then there’s a slim chance that a rightsholder will step in to make a noise via a lawyer. At that point, people shouldn’t say they haven’t been warned.

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

EU Proposes Take Down Stay Down Approach to Combat Online Piracy

Post Syndicated from Ernesto original https://torrentfreak.com/eu-proposes-take-down-stay-down-approach-to-combat-online-piracy-170928/

In recent years, many copyright holders have grown frustrated with pirates copies of their content (re)appearing on hundreds of online platforms.

This problem is not restricted to pirate sites, but also affects other services where users can freely upload content, including Dropbox, Google, YouTube, and Facebook.

In an attempt to streamline these takedown procedures the European Commission published a detailed set of guidelines today. Their communication titled “Tackling Illegal Content Online” includes a comprehensive overview of how illegal content, including piracy, should be dealt with.

The recommendation, of which a non-final copy leaked earlier this month, is non-binding. However, future legislative measures are not ruled out if no significant progress is made.

One of the motivations to release the guidelines is to define clearly what a good takedown policy would look like. A harmonized and coherent takedown approach is currently missing in the EU, the Commission notes.

“A more aligned approach would make the fight against illegal content more effective. It would also benefit the development of the Digital Single Market and reduce the cost of compliance with a multitude of rules for online platforms, including for new entrants,” the recommendation reads.

One of the suggestions that stand out is “proactive” filtering. The Commission recommends that online services should implement measures that can automatically detect and remove suspected illegal content.

“Online platforms should do their utmost to proactively detect, identify and remove illegal content online. The Commission strongly encourages online platforms to use voluntary, proactive measures aimed at the detection and removal of illegal content and to step up cooperation and investment in, and use of, automatic detection technologies.”

This is similar to the much-discussed upload filters and raises the question whether such practice is in line with existing EU law. In the Sabam v Netlog case, the European Court of Justice previously ruled that hosting sites can’t be forced to filter copyrighted content, as this would violate the privacy of users and hinder freedom of information.

Importantly, the Commission emphasizes that when online services explicitly search for pirated material, they won’t lose the benefit of the liability exemption provided for in Article 14 of the E-Commerce Directive. In other words, copyright holders can’t hold these services accountable for content that slips through the net.

The recommendation further includes some specific suggestions to make sure that content, once removed, does not reappear. This is the notice-and-stay-down approach copyright holders are lobbying for, which can be addressed by content recognition tools including hash filtering.

“The Commission strongly encourages the further use and development of automatic technologies to prevent the re-appearance of illegal content online,” the document reads, adding that errors should not be overlooked.

“Where automatic tools are used to prevent re-appearance of illegal content a reversibility safeguard should be available for erroneous decisions, and the use and performance of this technology should be made transparent in the platforms’ terms of service.”

Hash-based and other automatic filters are not new of course. Services such as Google Drive and Dropbox already have these in place and YouTube’s Content-ID system also falls into this category.

Another measure to prevent re-uploading of content is to ban frequent offenders. The Commission notes that services should take appropriate measures against such users, which could include the suspension or termination of accounts.

Most of the suggestions come with a recommendation to have sufficient safeguards in place to repair or prevent errors. This includes a counter-notice process as well as regularly published transparency reports. In some cases where context is relevant, it is important to have a human reviewer in the loop.

Finally, the Commission encourages cooperation between online services and so-called “trusted flaggers.” The latter are known representatives of copyright holders who are trusted. As such, their takedown notices can be prioritized.

“Notices from trusted flaggers should be able to be fast-tracked by the platform. This cooperation should provide for mutual information exchange so as to evaluate and improve the removal process over time.”

The proposals go above and beyond current legal requirements. For many larger online services, it might not be too hard to comply with most of the above. But, for smaller services, it could be quite a burden.

European Digital Rights (EDRi) has highlighted some good and bad elements but remains critical.

“The document puts virtually all its focus on internet companies monitoring online communications, in order to remove content that they decide might be illegal. It presents few safeguards for free speech, and little concern for dealing with content that is actually criminal,” EDRi writes.

Google has also been critical of the notice-and-stay-down principle in the past. Copyright counsel Cédric Manara previously outlined several problems, concluding that the system “just won’t work.

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

Windstream Gives Up Preemptive Fight Over ISP’s Piracy Liability

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Kodi ‘Trademark Troll’ Has Interesting Views on Co-Opting Other People’s Work

Post Syndicated from Andy original https://torrentfreak.com/kodi-trademark-troll-has-interesting-views-on-co-opting-other-peoples-work-170917/

The Kodi team, operating under the XBMC Foundation, announced last week that a third-party had registered the Kodi trademark in Canada and was using it for their own purposes.

That person was Geoff Gavora, who had previously been in communication with the Kodi team, expressing how important the software was to his sales.

“We had hoped, given the positive nature of his past emails, that perhaps he was doing this for the benefit of the Foundation. We learned, unfortunately, that this was not the case,” XBMC Foundation President Nathan Betzen said.

According to the Kodi team, Gavora began delisting Amazon ads placed by companies selling Kodi-enabled products, based on infringement of Gavora’s trademark rights.

“[O]nly Gavora’s hardware can be sold, unless those companies pay him a fee to stay on the store,” Betzen explained.

Predictably, Gavora’s move is being viewed as highly controversial, not least since he’s effectively claiming licensing rights in Canada over what should be a free and open source piece of software. TF obtained one of the notices Amazon sent to a seller of a Kodi-enabled device in Canada, following a complaint from Gavora.

Take down Kodi from Amazon, or pay Gavora

So who is Geoff Gavora and what makes him tick? Thanks to a 2016 interview with Ali Salman of the Rapid Growth Podcast, we have a lot of information from the horse’s mouth.

It all began in 2011, when Gavora began jailbreaking Apple TVs, loading them with XBMC, and selling them to friends.

“I did it as a joke, for beer money from my friends,” Gavora told Salman.

“I’d do it for $25 to $50 and word of mouth spread that I was doing this so we could load on this media center to watch content and online streams from it.”

Intro to the interview with Ali Salman

Soon, however, word of mouth caused the business to grow wings, Gavora claims.

“So they started telling people and I start telling people it’s $50, and then I got so busy so I start telling people it’s $75. I’m getting too busy with my work and with this. And it got to the point where I was making more jailbreaking these Apple TVs than I was at my career, and I wasn’t very happy at my career at that time.”

Jailbreaking was supposed to be a side thing to tide Gavora over until another job came along, but he had a problem – he didn’t come from a technical background. Nevertheless, what Gavora did have was a background in marketing and with a decent knowledge of how to succeed in customer service, he majored on that front.

Gavora had come to learn that while people wanted his devices, they weren’t very good at operating XBMC (Kodi’s former name) which he’d loaded onto them. With this in mind, he began offering web support and phone support via a toll-free line.

“I started receiving calls from New York, Dallas, and then Australia, Hong Kong. Everyone around the world was calling me and saying ‘we hear there’s some kid in Calgary, some young child, who’s offering tech support for the Apple TV’,” Gavora said.

But with things apparently going well, a wrench was soon thrown into the works when Apple released the third variant of its Apple TV and Gavorra was unable to jailbreak it. This prompted him to market his own Linux-based set-top device and his business, Raw-Media, grew from there.

While it seems likely that so-called ‘Raw Boxes’ were doing reasonably well with consumers, what was the secret of their success? Podcast host Salman asked Gavora for his ‘networking party 10-second pitch’, and the Canadian was happy to oblige.

“I get this all the time actually. I basically tell people that I sell a box that gives them free TV and movies,” he said.

This was met with laughter from the host, to which Gavora added, “That’s sort of the three-second pitch and everyone’s like ‘Oh, tell me more’.”

“Who doesn’t like free TV, come on?” Salman responded. “Yeah exactly,” Gavora said.

The image below, taken from a January 2016 YouTube unboxing video, shows one of the products sold by Gavora’s company.

Raw-Media Kodi Box packaging (note Kodi logo)

Bearing in mind the offer of free movies and TV, the tagline on the box, “Stop paying for things you don’t want to watch, watch more free tv!” initially looks quite provocative. That being said, both the device and Kodi are perfectly capable of playing plenty of legal content from free sources, so there’s no problem there.

What is surprising, however, is that the unboxing video shows the device being booted up, apparently already loaded with infamous third-party Kodi addons including PrimeWire, Genesis, Icefilms, and Navi-X.

The unboxing video showing the Kodi setup

Given that Gavora has registered the Kodi trademark in Canada and prints the official logo on his packaging, this runs counter to the official Kodi team’s aggressive stance towards boxes ready-configured with what they categorize as banned addons. Matters are compounded when one visits the product support site.

As seen in the image below, Raw-Media devices are delivered with a printed card in the packaging informing people where to get the after-sales services Gavora says he built his business upon. The cards advise people to visit No-Issue.ca, a site setup to offer text and video-based support to set-top box buyers.

No-Issue.ca (which is hosted on the same server as raw-media.ca and claimed officially as a sister site here) now redirects to No-Issue.is, as per a 2016 announcement. It has a fairly bland forum but the connected tutorial videos, found on No Issue’s YouTube channel, offer a lot more spice.

Registered under Gavora’s online nickname Gombeek (which is also used on the official Kodi forums), the channel is full of videos detailing how to install and use a wide range of addons.

The No-issue YouTube Channel tutorials

But while supplying tutorial videos is one thing, providing the actual software addons is another. Surprisingly, No-Issue does that too. Filed away under the URL http://solved.no-issue.is/ is a Kodi repository which distributes a wide range of addons, including many that specialize in infringing content, according to the Kodi team.

The No-Issue repository

A source familiar with Raw-Media’s devices informs TF that they’re no longer delivered with addons installed. However, tools hosted on No-Issue.is automate the installation process for the customer, with unlisted YouTube Videos (1,2) providing the instructions.

XBMC Foundation President Nathan Betzen says that situation isn’t ideal.

“If that really is his repo it is disappointing to see that Gavora is charging a fee or outright preventing the sale of boxes with Kodi installed that do not include infringing add-ons, while at the same time he is distributing boxes himself that do include the infringing add-ons like this,” Betzen told TF.

While the legality of this type of service is yet to be properly tested in Canada and may yet emerge as entirely permissible under local law, Gavora himself previously described his business as operating in a gray area.

“If I could go back in time four years, I would’ve been more aggressive in the beginning because there was a lot of uncertainty being in a gray market business about how far I could push it,” he said.

“I really shouldn’t say it’s a gray market because everything I do is completely above board, I just felt it was more gray market so I was a bit scared,” he added.

But, legality aside (which will be determined in due course through various cases 1,2), the situation is still problematic when it comes to the Kodi trademark.

The official Kodi team indicate they don’t want to be associated with any kind of questionable addon or even tutorials for the same. Nevertheless, several of the addons installed by No-Issue (including PrimeWire, cCloud TV, Genesis, Icefilms, MoviesHD, MuchMovies and Navi-X, to name a few), are present on the Kodi team’s official ban list.

The fact remains, however, that Gavora successfully registered the trademark in Canada (one month later it was transferred to a brand new company at the same address), and Kodi now have no control over the situation in the country, short of a settlement or some kind of legal action.

Kodi matters aside, though, we get more insight into Gavora’s attitudes towards intellectual property after learning that he studied gemology and jewelry at school. He’s a long-standing member of jewelry discussion forum Ganoskin.com (his profile links to Gavora.com, a domain Gavora owns, as per information supplied by Amazon).

Things get particularly topical in a 2006 thread titled “When your work gets ripped“. The original poster asked how people feel when their jewelry work gets copied and Gavora made his opinions known.

“I think that what most people forget to remember is that when a piece from Tiffany’s or Cartier is ripped off or copied they don’t usually just copy the work, they will stamp it with their name as well,” Gavora said.

“This is, in fact, fraud and they are deceiving clients into believing they are purchasing genuine Tiffany’s or Cartier pieces. The client is in fact more interested in purchasing from an artist than they are the piece. Laying claim to designs (unless a symbol or name is involved) is outrageous.”

Unless that ‘design’ is called Kodi, of course, then it’s possible to claim it as your own through an administrative process and begin demanding licensing fees from the public. That being said, Gavora does seem to flip back and forth a little, later suggesting that being copied is sometimes ok.

“If someone copies your design and produces it under their own name, I think one should be honored and revel in the fact that your design is successful and has caused others to imitate it and grow from it,” he wrote.

“I look forward to the day I see one of my original designs copied, that is the day I will know my design is a success.”

From their public statements, this opinion isn’t shared by the Kodi team in respect of their product. Despite the Kodi name, software and logo being all their own work, they now find themselves having to claw back rights in Canada, in order to keep the product free in the region. For now, however, that seems like a difficult task.

TorrentFreak wrote to Gavora and asked him why he felt the need to register the Kodi trademark, but we received no response. That means we didn’t get the chance to ask him why he’s taking down Amazon listings for other people’s devices, or about something else that came up in the podcast.

“My biggest weakness, I guess, is that I’m too ethical about how I do my business,” he said, referring to how he deals with customers.

Only time will tell how that philosophy will affect Gavora’s attitudes to trademarks and people’s desire not to be charged for using free, open source software.

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