Tag Archives: piracy

16-Year-Old Boy Arrested for Running Pirate TV Service

Post Syndicated from Andy original https://torrentfreak.com/16-year-old-boy-arrested-for-running-pirate-tv-service-171211/

After more than a decade and a half in existence, public pirate sites, services, and apps remain a thorn in the side of entertainment industry groups who are determined to close them down.

That trend continued last week when French anti-piracy group ALPA teamed up with police in the Bordeaux region to raid and arrest the founder and administrator of piracy service ARTV.

According to the anti-piracy group, the ARTV.watch website first appeared during April 2017 but quickly grew to become a significant source of streaming TV piracy. Every month the site had around 150,000 visitors and in less than eight months amassed 800,000 registered users.

“Artv.watch was a public site offering live access to 176 free and paid French TV channels that are members of ALPA: Canal + Group, M6 Group, TF1 Group, France Télévision Group, Paramount, Disney, and FOX. Other thematic and sports channels were broadcast,” an ALPA statement reads.

This significant offering was reportedly lucrative for the site’s operator. While probably best taken with a grain of salt, ALPA estimates the site generated around 3,000 euros per month from advertising revenue. That’s a decent amount for anyone but even more so when one learns that ARTV’s former operator is just 16 years old.

“ARTV.WATCH it’s over. ARTV is now closed for legal reasons. Thank you for your understanding! The site was indeed illegal,” a notice on the site now reads.

“Thank you all for this experience that I have acquired in this project. And thanks to you who have believed in me.”

Closure formalities aside, ARTV’s founder also has a message for anyone else considering launching a similar platform.

“Notice to anyone wanting to do a site of the same kind, I strongly advise against it. On the criminal side, the punishment can go up to three years of imprisonment and a 300,000 euro fine. If [individual] complaints of channels (or productions) are filed against you, it will be more complicated to determine,” ARTV’s owner warns.

ALPA says that in addition to closing down the site, ARTV’s owner also deactivated the site’s Android app, which had been available for download on Google Play. The anti-piracy group adds that this action against IPTV and live streaming was a first in France.

For anyone who speaks French, the 16-year-old has published a video on YouTube talking about his predicament.

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Screener Piracy Season Kicks Off With Louis C.K.’s ‘I Love You, Daddy’

Post Syndicated from Ernesto original https://torrentfreak.com/screener-piracy-season-kicks-off-with-louis-c-k-s-i-love-you-daddy-171211/

Towards the end of the year, movie screeners are sent out to industry insiders who cast their votes for the Oscars and other awards.

It’s a highly anticipated time for pirates who hope to get copies of the latest blockbusters early, which is traditionally what happens.

Last year the action started relatively late. It took until January before the first leak surfaced – Denzel Washington’s Fences –
but more than a dozen made their way online soon after.

Today the first leak of the new screener season started to populate various pirate sites, Louis C.K.’s “I Love You, Daddy.” It was released by the infamous “Hive-CM8” group which also made headlines in previous years.

“I Love You, Daddy” was carefully chosen, according to a message posted in the release notes. Last month distributor The Orchard chose to cancel the film from its schedule after Louis C.K. was accused of sexual misconduct. With uncertainty surrounding the film’s release, “Hive-CM8” decided to get it out.

“We decided to let this one title go out this month, since it never made it to the cinema, and nobody knows if it ever will go to retail at all,” Hive-CM8 write in their NFO.

“Either way their is no perfect time to release it anyway, but we think it would be a waste to let a great Louis C.K. go unwatched and nobody can even see or buy it,” they add.

I Love You, Daddy

It is no surprise that the group put some thought into their decision. In 2015 they published several movies before their theatrical release, for which they later offered an apology, stating that this wasn’t acceptable.

Last year this stance was reiterated, noting that they would not leak any screeners before Christmas. Today’s release shows that this isn’t a golden rule, but it’s unlikely that they will push any big titles before they’re out in theaters.

“I Love You, Daddy” isn’t going to be seen in theaters anytime soon, but it might see an official release. This past weekend, news broke that Louis C.K. had bought back the rights from The Orchard and must pay back marketing costs, including a payment for the 12,000 screeners that were sent out.

Hive-CM8, meanwhile, suggest that they have more screeners in hand, although their collection isn’t yet complete.

“We are still missing some titles, anyone want to share for the collection? Yes we want to have them all if possible, we are collectors, we don’t want to release them all,” they write.

Finally, the group also has some disappointing news for Star Wars fans who are looking for an early copy of “The Last Jedi.” Hive-CM8 is not going to release it.

“Their will be no starwars from us, sorry wont happen,” they write.

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Hollywood and Netflix Ask Court to Seize Tickbox Streaming Devices

Post Syndicated from Ernesto original https://torrentfreak.com/hollywood-and-netflix-ask-court-to-seize-tickbox-streaming-devices-171209/

More and more people are starting to use Kodi-powered set-top boxes to stream video content to their TVs.

While Kodi itself is a neutral platform, sellers who ship devices with unauthorized add-ons give it a bad reputation.

According to the Alliance for Creativity and Entertainment (ACE), an anti-piracy partnership between Hollywood studios, Netflix, Amazon, and more than two dozen other companies, Tickbox TV is one of these bad actors.

Earlier this year, ACE filed a lawsuit against the Georgia-based company, which sells set-top boxes that allow users to stream a variety of popular media. The Tickbox devices use the Kodi media player and come with instructions on how to add various add-ons.

According to ACE, these devices are nothing more than pirate tools, allowing buyers to stream copyright infringing content. “TickBox promotes and distributes TickBox TV for infringing use, and that is exactly the result of its use,” they told court this week.

After the complaint was filed in October, Tickbox made some cosmetic changes to the site, removing some allegedly inducing language. The streaming devices are still for sale, however, but not for long if it’s up to the media giants.

This week ACE submitted a request for a preliminary injunction to the court, hoping to stop Tickbox’s sales activities.

“TickBox is intentionally inducing infringement, pure and simple. Plaintiffs respectfully request that the Court enter a preliminary injunction that requires TickBox to halt its flagrantly illegal conduct immediately,” they write in their application.

The companies explain that that since Tickbox is causing irreparable harm, all existing devices should be impounded.

“[A]ll TickBox TV devices in the possession of TickBox and all of its officers, directors, agents, servants, and employees, and all persons in active concert or participation or in privity with any of them are to be impounded and shall be retained by Defendant until further order of the Court,” the proposed order reads.

In addition, Tickbox should push out a software update which remove all infringing add-ons from the devices that were previously sold.

“TickBox shall, via software update, remove from all distributed TickBox TV devices all Kodi ‘Themes,’ ‘Builds,’ ‘Addons,’ or any other software that facilitates the infringing public performances of Plaintiffs’ Copyrighted Works.”

Among others, the list of allegedly infringing add-ons and themes includes Spinz, Lodi Black, Stream on Fire, Wookie, Aqua, CMM, Spanish Quasar, Paradox, Covenant, Elysium, UK Turk, Gurzil, Maverick, and Poseidon.

The filing shows that ACE is serious about its efforts to stop the sale of these type of streaming devices. Tickbox has yet to reply to the original complaint or the injunction request.

While this is the first US lawsuit of its kind, the anti-piracy conglomerate has been rather active in recent weeks. The group has successfully pressured several addon developers to quit and has been involved in enforcement actions around the globe.

A copy of the proposed preliminary injunction is available here (pdf).

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CrimeStoppers Campaign Targets Pirate Set-Top Boxes & Their Users

Post Syndicated from Andy original https://torrentfreak.com/crimestoppers-campaign-targets-pirate-set-top-boxes-their-users-171209/

While many people might believe CrimeStoppers to be an official extension of the police in the UK, the truth is a little more subtle.

CrimeStoppers is a charity that operates a service through which members of the public can report crime anonymously, either using a dedicated phone line or via a website. Callers are not required to give their name, meaning that for those concerned about reprisals or becoming involved in a case for other sensitive reasons, it’s the perfect buffer between them and the authorities.

The people at CrimeStoppers deal with all kinds of crime but perhaps a little surprisingly, they’ve just got involved in the set-top box controversy in the UK.

“Advances in technology have allowed us to enjoy on-screen entertainment in more ways than ever before, with ever increasing amounts of exciting and original content,” the CrimeStoppers campaign begins.

“However, some people are avoiding paying for this content by using modified streaming hardware devices, like a set-top box or stick, in conjunction with software such as illegal apps or add-ons, or illegal mobile apps which allow them to watch new movie releases, TV that hasn’t yet aired, and subscription sports channels for free.”

The campaign has been launched in partnership with the Intellectual Property Office and unnamed “industry partners”. Who these companies are isn’t revealed but given the standard messages being portrayed by the likes of ACE, Premier League and Federation Against Copyright Theft lately, it wouldn’t be a surprise if some or all of them were involved.

Those messages are revealed in a series of four video ads, each taking a different approach towards discouraging the public from using devices loaded with pirate software.

The first video clearly targets the consumer, dispelling the myth that watching pirate video isn’t against the law. It is, that’s not in any doubt, but from the constant tone of the video, one could be forgiven that it’s an extremely serious crime rather than something which is likely to be a civil matter, if anything at all.

It also warns people who are configuring and selling pirate devices that they are breaking the law. Again, this is absolutely true but this activity is clearly several magnitudes more serious than simply viewing. The video blurs the boundaries for what appears to be dramatic effect, however.

Selling and watching is illegal

The second video is all about demonizing the people and groups who may offer set-top boxes to the public.

Instead of portraying the hundreds of “cottage industry” suppliers behind many set-top box sales in the UK, the CrimeStoppers video paints a picture of dark organized crime being the main driver. By buying from these people, the charity warns, criminals are being welcomed in.

“It is illegal. You could also be helping to fund organized crime and bringing it into your community,” the video warns.

Are you funding organized crime?

The third video takes another approach, warning that set-top boxes have few if any parental controls. This could lead to children being exposed to inappropriate content, the charity warns.

“What are your children watching. Does it worry you?” the video asks.

Of course, the same can be said about the Internet, period. Web browsers don’t filter what content children have access to unless parents take pro-active steps to configure special services or software for the purpose.

There’s always the option to supervise children, of course, but Netflix is probably a safer option for those with a preference to stand off. It’s also considerably more expensive, a fact that won’t have escaped users of these devices.

Got kids? Take care….

Finally, video four picks up a theme that’s becoming increasingly common in anti-piracy campaigns – malware and identity theft.

“Why risk having your identity stolen or your bank account or home network hacked. If you access entertainment or sports using dodgy streaming devices or apps, or illegal addons for Kodi, you are increasing the risks,” the ad warns.

Danger….Danger….

Perhaps of most interest is that this entire campaign, which almost certainly has Big Media behind the scenes in advisory and financial capacities, barely mentions the entertainment industries at all.

Indeed, the success of the whole campaign hinges on people worrying about the supposed ill effects of illicit streaming on them personally and then feeling persuaded to inform on suppliers and others involved in the chain.

“Know of someone supplying or promoting these dodgy devices or software? It is illegal. Call us now and help stop crime in your community,” the videos warn.

That CrimeStoppers has taken on this campaign at all is a bit of a head-scratcher, given the bigger crime picture. Struggling with severe budget cuts, police in the UK are already de-prioritizing a number of crimes, leading to something called “screening out”, a process through which victims are given a crime number but no investigation is carried out.

This means that in 2016, 45% of all reported crimes in Greater Manchester weren’t investigated and a staggering 57% of all recorded domestic burglaries weren’t followed up by the police. But it gets worse.

“More than 62pc of criminal damage and arson offenses were not investigated, along with one in three reported shoplifting incidents,” MEN reports.

Given this backdrop, how will police suddenly find the resources to follow up lots of leads from the public and then subsequently prosecute people who sell pirate boxes? Even if they do, will that be at the expense of yet more “screening out” of other public-focused offenses?

No one is saying that selling pirate devices isn’t a crime or at least worthy of being followed up, but is this niche likely to be important to the public when they’re being told that nothing will be done when their homes are emptied by intruders? “NO” says a comment on one of the CrimeStoppers videos on YouTube.

“This crime affects multi-million dollar corporations, I’d rather see tax payers money invested on videos raising awareness of crimes committed against the people rather than the 0.001%,” it concludes.

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Movie Company Has No Right to Sue, Accused Pirate Argues

Post Syndicated from Ernesto original https://torrentfreak.com/movie-company-has-no-right-to-sue-accused-pirate-argues-171208/

In recent years, a group of select companies have pressured hundreds of thousands of alleged pirates to pay significant settlement fees, or face legal repercussions.

These so-called “copyright trolling” efforts have also been a common occurrence in the United States for more than half a decade, and still are today.

While copyright holders should be able to take legitimate piracy claims to court, not all cases are as strong as they first appear. Many defendants have brought up flaws, often in relation to the IP-address evidence, but an accused pirate in Oregon takes things up a notch.

Lingfu Zhang, represented by attorney David Madden, has turned the tables on the makers of the film Fathers & Daughters. The man denies having downloaded the movie but also points out that the filmmakers have signed away their online distribution rights.

The issue was brought up in previous months, but the relevant findings were only unsealed this week. They show that the movie company (F&D), through a sales agent, sold the online distribution rights to a third party.

While this is not uncommon in the movie business, it means that they no longer have the right to distribute the movie online, a right Zhang was accused of violating. This is also what his attorney pointed out to the court, asking for a judgment in favor of his client.

“ZHANG denies downloading the movie but Defendant’s current motion for summary judgment challenges a different portion of F&D’s case: Defendant argues that F&D has alienated all of the relevant rights necessary to sue for infringement under the Copyright Act,” Madden writes.

The filmmakers opposed the request and pointed out that they still had some rights. However, this is irrelevant according to the defense, since the distribution rights are not owned by them, but by a company that’s not part of the lawsuit.

“Plaintiff claims, for example, that it still owns the right to exploit the movie on airlines and oceangoing vessels. That may or may not be true – Plaintiff has not submitted any evidence on the question – but ZHANG is not accused of showing the movie on an airplane or a cruise ship.

“He is accused of downloading it over the Internet, which is an infringement that affects only an exclusive right owned by non-party DISTRIBUTOR 2,” Madden adds.

Interestingly, an undated addendum to the licensing agreement, allegedly created after the lawsuit was started, states that the filmmakers would keep their “anti-piracy” rights, as can be seen below.

Anti-Piracy rights?

This doesn’t save the filmmaker, according to the defense. The “licensor” who keeps these anti-piracy and enforcement rights refers to the sales agent, not the filmmaker, Madden writes. In addition, the case is about copyright infringement, and despite the addendum, the filmmakers don’t have the exclusive rights that apply here.

“Plaintiff represented to this Court that it was the ‘proprietor of all copyrights and interests need to bring suit’ […] notwithstanding that it had – years earlier – transferred away all its exclusive rights under Section 106 of the Copyright Act,” the defense lawyer concludes.

“Even viewing all Plaintiff’s agreements in the light most favorable to it, Plaintiff holds nothing more than a bare right to sue, which is not a cognizable right that may be exercised in the courts of this Circuit.”

While the court has yet to decide on the motion, this case could turn into a disaster for the makers of Fathers & Daughters.

If the court agrees that they don’t have the proper rights, defendants in other cases may argue the same. It’s easy to see how their entire trolling scheme would then collapse.

The original memorandum in support of the motion for summary judgment is available here (pdf) and a copy of the reply brief can be found here (pdf).

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Dutch Film Distributor Wins Right To Chase Pirates, Store Data For 5 Years

Post Syndicated from Andy original https://torrentfreak.com/dutch-film-distributor-wins-right-to-chase-pirates-store-data-for-5-years-171208/

For many years, Dutch Internet users were allowed to download copyrighted content without reprisals, provided it was for their own personal use.

In 2014, however, the European Court of Justice ruled that the country’s “piracy levy” to compensate rightsholders was unlawful. Almost immediately, the government announced a downloading ban.

In March 2016, anti-piracy outfit BREIN followed up by obtaining permission from the Dutch Data Protection Authority to track and store the personal data of alleged BitTorrent pirates. This year, movie distributor Dutch FilmWorks (DFW) made a similar application.

The company said that it would be pursuing alleged pirates to deter future infringement but many suspected that securing cash settlements was its main aim. That was confirmed in August.

“[The letter to alleged pirates] will propose a fee. If someone does not agree [to pay], the organization can start a lawsuit,” said DFW CEO Willem Pruijsserts

“In Germany, this costs between €800 and €1,000, although we find this a bit excessive. But of course it has to be a deterrent, so it will be more than a tenner or two,” he added.

But despite the grand plans, nothing would be possible without first obtaining the necessary permission from the Data Protection Authority. This Wednesday, however, that arrived.

“DFW has given sufficient guarantees for the proper and careful processing of personal data. This means that DFW has been given a green light from the Data Protection Authority to collect personal data, such as IP addresses, from people downloading from illegal sources,” the Authority announced.

Noting that it received feedback from four entities during the six-week consultation process following the publication of its draft decision during the summer, the Data Protection Authority said that further investigations were duly carried out. All input was considered before handing down the final decision.

The Authority said it was satisfied that personal data would be handled correctly and that the information collected and stored would be encrypted and hashed to ensure integrity. Furthermore, data will not be retained for longer than is necessary.

“DFW has stated…that data from users with Dutch IP addresses who were involved in the exchange of a title owned by DFW, but in respect of which there is no intention to follow up on that within three months after receipt, will be destroyed,” the decision reads.

For any cases that are active and haven’t been discarded in the initial three-month period, DFW will be allowed to hold alleged pirates’ data for a maximum of five years, a period that matches the time a company has to file a claim under the Dutch Civil Code.

“When DFW does follow up on a file, DFW carries out further research into the identity of the users of the IP addresses. For this, it is necessary to contact the Internet service providers of the subscribers who used the IP addresses found in the BitTorrent network,” the Authority notes.

According to the decision, once DFW has a person’s details it can take any of several actions, starting with a simple warning or moving up to an amicable cash settlement. Failing that, it might choose to file a full-on court case in which the distributor seeks an injunction against the alleged pirate plus compensation and costs.

Only time will tell what strategy DFW will deploy against alleged pirates but since these schemes aren’t cheap to run, it’s likely that simple warning letters will be seriously outnumbered by demands for cash settlement.

While it seems unlikely that the Data Protection Authority will change its mind at this late stage, it’s decision remains open to appeal. Interested parties have just under six weeks to make their voices heard. Failing that, copyright trolling will hit the Netherlands in the weeks and months to come.

The full decision can be found here (Dutch, pdf) via Tweakers

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Resilient TVAddons Plans to Ditch Proactive ‘Piracy’ Screening

Post Syndicated from Ernesto original https://torrentfreak.com/resilient-tvaddons-plans-to-ditch-proactive-piracy-screening-171207/

After years of smooth sailing, this year TVAddons became a poster child for the entertainment industry’s war on illicit streaming devices.

The leading repository for unofficial Kodi addons was sued for copyright infringement in the US by satellite and broadcast provider Dish Network. Around the same time, a similar case was filed by Bell, TVA, Videotron, and Rogers in Canada.

The latter case has done the most damage thus far, as it caused the addon repository to lose its domain names and social media accounts. As a result, the site went dead and while many believed it would never return, it made a blazing comeback after a few weeks.

Since the original TVAddons.ag domain was seized, the site returned on TVaddons.co. And that was not the only difference. A lot of the old add-ons, for which it was unclear if they linked to licensed content, were no longer listed in the repository either.

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

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

Despite the absence of several of the most used add-ons, the repository has managed to regain many of its former users. Over the past month, TVAddons had over 12 million unique users. These all manually installed the new repository on their devices.

“We’re not like one of those pirate sites that are shut down and opens on a new domain the next day, getting users to actually manually install a new repo isn’t an easy feat,” a TVAddons representative informs TorrentFreak.

While it’s still far away from the 40 million unique users it had earlier this year, before the trouble began, it’s still a force to be reckoned with.

Interestingly, the vast majority of all TVAddons traffic comes from the United States. The UK is second at a respectable distance, followed by Canada, Germany, and the Netherlands.

While many former users have returned, the submission policy changes didn’t go unnoticed. The relatively small selection of add-ons is a major drawback for some, but that’s about to change as well, we are informed.

TVAddons plans to return to the old submission model where developers can upload their code more freely. Instead of proactive screening, TVAddons will rely on a standard DMCA takedown policy, relying on copyright holders to flag potentially infringing content.

“We intend on returning to a standard DMCA compliant add-on submission policy shortly, there’s no reason why we should be held to a higher standard than Facebook, Twitter, YouTube or Reddit given the fact that we don’t even host any form of streaming content in the first place.

“Our interim policy isn’t pragmatic, it’s nearly impossible for us to verify the global licensing of all forms of protected content. When you visit a website, there’s no way of verifying licensing beyond trusting them based on reputation.”

The upcoming change doesn’t mean that TVAddons will ignore its legal requirements. If they receive a legitimate takedown notice, proper action will be taken, as always. As such, they would operate in the same fashion as other user-generated sites.

“Right now our interim addon submission policy is akin to North Korea. We always followed the law and will always continue to do so. Anytime we’ve received a legitimate complaint we’ve acted upon it in an expedited manner.

“Facebook, Twitter, Reddit and other online communities would have never existed if they were required to approve the contents of each user’s submissions prior to public posting.”

The change takes place while the two court cases are still pending. TVAddons is determined to keep up this fight. Meanwhile, they are also asking the public to support the project financially.

While some copyright holders, including those who are fighting the service in court, might not like the change, TVAddons believes that this is well within their rights. And with support from groups such as the Electronic Frontier Foundation, they don’t stand alone in this.

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Movie & TV Companies Tackle Pirate IPTV in Australia Federal Court

Post Syndicated from Andy original https://torrentfreak.com/movie-tv-companies-tackle-pirate-iptv-in-australia-federal-court-171207/

As movie and TV show piracy has migrated from the desktop towards mobile and living room-based devices, copyright holders have found the need to adapt to a new enemy.

Dealing with streaming services is now high on the agenda, with third-party Kodi addons and various Android apps posing the biggest challenge. Alongside is the much less prevalent but rapidly growing pay IPTV market, in which thousands of premium channels are delivered to homes for a relatively small fee.

In Australia, copyright holders are treating these services in much the same way as torrent sites. They feel that if they can force ISPs to block them, the problem can be mitigated. Most recently, movie and TV show giants Village Roadshow, Disney, Universal, Warner Bros, Twentieth Century Fox, and Paramount filed an application targeting HDSubs+, a pirate IPTV operation servicing thousands of Australians.

Filed in October, the application for the injunction targets Australia’s largest ISPs including Telstra, Optus, TPG, and Vocus, plus their subsidiaries. The movie and TV show companies want them to quickly block HDSubs+, to prevent it from reaching its audience.

HDSubs+ IPTV package
However, blocking isn’t particularly straightforward. Due to the way IPTV services are setup a number of domains need to be blocked, including their sales platforms, EPG (electronic program guide), software (such as an Android app), updates, and sundry other services. In HDSubs+ case around ten domains need to be restricted but in court today, Village Roadshow revealed that probably won’t deal with the problem.

HDSubs+ appears to be undergoing some kind of transformation, possibly to mitigate efforts to block it in Australia. ComputerWorld reports that it is now directing subscribers to update to a new version that works in a more evasive manner.

If they agree, HDSubs+ customers are being migrated over to a service called PressPlayPlus. It works in the same way as the old system but no longer uses the domain names cited in Village Roadshow’s injunction application. This means that DNS blocks, the usual weapon of choice for local ISPs, will prove futile.

Village Roadshow says that with this in mind it may be forced to seek enhanced IP address blocking, unless it is granted a speedy hearing for its application. This, in turn, may result in the normally cooperative ISPs returning to court to argue their case.

“If that’s what you want to do, then you’ll have to amend the orders and let the parties know,” Judge John Nicholas said.

“It’s only the former [DNS blocking] that carriage service providers have agreed to in the past.”

As things stand, Village Roadshow will return to court on December 15 for a case management hearing but in the meantime, the Federal Court must deal with another IPTV-related blocking request.

In common with its Australian and US-based counterparts, Hong Kong-based broadcaster Television Broadcasts Limited (TVB) has launched a similar case asking local ISPs to block another IPTV service.

“Television Broadcasts Limited can confirm that we have commenced legal action in Australia to protect our copyright,” a TVB spokesperson told Computerworld.

TVB wants ISPs including Telstra, Optus, Vocus, and TPG plus their subsidiaries to block access to seven Android-based services named as A1, BlueTV, EVPAD, FunTV, MoonBox, Unblock, and hTV5.

Court documents list 21 URLs maintaining the services. They will all need to be blocked by DNS or other means, if the former proves futile. Online reports suggest that there are similarities among the IPTV products listed above. A demo for the FunTV IPTV service is shown below.

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Libertarians are against net neutrality

Post Syndicated from Robert Graham original http://blog.erratasec.com/2017/12/libertarians-are-against-net-neutrality.html

This post claims to be by a libertarian in support of net neutrality. As a libertarian, I need to debunk this. “Net neutrality” is a case of one-hand clapping, you rarely hear the competing side, and thus, that side may sound attractive. This post is about the other side, from a libertarian point of view.

That post just repeats the common, and wrong, left-wing talking points. I mean, there might be a libertarian case for some broadband regulation, but this isn’t it.

This thing they call “net neutrality” is just left-wing politics masquerading as some sort of principle. It’s no different than how people claim to be “pro-choice”, yet demand forced vaccinations. Or, it’s no different than how people claim to believe in “traditional marriage” even while they are on their third “traditional marriage”.

Properly defined, “net neutrality” means no discrimination of network traffic. But nobody wants that. A classic example is how most internet connections have faster download speeds than uploads. This discriminates against upload traffic, harming innovation in upload-centric applications like DropBox’s cloud backup or BitTorrent’s peer-to-peer file transfer. Yet activists never mention this, or other types of network traffic discrimination, because they no more care about “net neutrality” than Trump or Gingrich care about “traditional marriage”.

Instead, when people say “net neutrality”, they mean “government regulation”. It’s the same old debate between who is the best steward of consumer interest: the free-market or government.

Specifically, in the current debate, they are referring to the Obama-era FCC “Open Internet” order and reclassification of broadband under “Title II” so they can regulate it. Trump’s FCC is putting broadband back to “Title I”, which means the FCC can’t regulate most of its “Open Internet” order.

Don’t be tricked into thinking the “Open Internet” order is anything but intensely politically. The premise behind the order is the Democrat’s firm believe that it’s government who created the Internet, and all innovation, advances, and investment ultimately come from the government. It sees ISPs as inherently deceitful entities who will only serve their own interests, at the expense of consumers, unless the FCC protects consumers.

It says so right in the order itself. It starts with the premise that broadband ISPs are evil, using illegitimate “tactics” to hurt consumers, and continues with similar language throughout the order.

A good contrast to this can be seen in Tim Wu’s non-political original paper in 2003 that coined the term “net neutrality”. Whereas the FCC sees broadband ISPs as enemies of consumers, Wu saw them as allies. His concern was not that ISPs would do evil things, but that they would do stupid things, such as favoring short-term interests over long-term innovation (such as having faster downloads than uploads).

The political depravity of the FCC’s order can be seen in this comment from one of the commissioners who voted for those rules:

FCC Commissioner Jessica Rosenworcel wants to increase the minimum broadband standards far past the new 25Mbps download threshold, up to 100Mbps. “We invented the internet. We can do audacious things if we set big goals, and I think our new threshold, frankly, should be 100Mbps. I think anything short of that shortchanges our children, our future, and our new digital economy,” Commissioner Rosenworcel said.

This is indistinguishable from communist rhetoric that credits the Party for everything, as this booklet from North Korea will explain to you.

But what about monopolies? After all, while the free-market may work when there’s competition, it breaks down where there are fewer competitors, oligopolies, and monopolies.

There is some truth to this, in individual cities, there’s often only only a single credible high-speed broadband provider. But this isn’t the issue at stake here. The FCC isn’t proposing light-handed regulation to keep monopolies in check, but heavy-handed regulation that regulates every last decision.

Advocates of FCC regulation keep pointing how broadband monopolies can exploit their renting-seeking positions in order to screw the customer. They keep coming up with ever more bizarre and unlikely scenarios what monopoly power grants the ISPs.

But the never mention the most simplest: that broadband monopolies can just charge customers more money. They imagine instead that these companies will pursue a string of outrageous, evil, and less profitable behaviors to exploit their monopoly position.

The FCC’s reclassification of broadband under Title II gives it full power to regulate ISPs as utilities, including setting prices. The FCC has stepped back from this, promising it won’t go so far as to set prices, that it’s only regulating these evil conspiracy theories. This is kind of bizarre: either broadband ISPs are evilly exploiting their monopoly power or they aren’t. Why stop at regulating only half the evil?

The answer is that the claim “monopoly” power is a deception. It starts with overstating how many monopolies there are to begin with. When it issued its 2015 “Open Internet” order the FCC simultaneously redefined what they meant by “broadband”, upping the speed from 5-mbps to 25-mbps. That’s because while most consumers have multiple choices at 5-mbps, fewer consumers have multiple choices at 25-mbps. It’s a dirty political trick to convince you there is more of a problem than there is.

In any case, their rules still apply to the slower broadband providers, and equally apply to the mobile (cell phone) providers. The US has four mobile phone providers (AT&T, Verizon, T-Mobile, and Sprint) and plenty of competition between them. That it’s monopolistic power that the FCC cares about here is a lie. As their Open Internet order clearly shows, the fundamental principle that animates the document is that all corporations, monopolies or not, are treacherous and must be regulated.

“But corporations are indeed evil”, people argue, “see here’s a list of evil things they have done in the past!”

No, those things weren’t evil. They were done because they benefited the customers, not as some sort of secret rent seeking behavior.

For example, one of the more common “net neutrality abuses” that people mention is AT&T’s blocking of FaceTime. I’ve debunked this elsewhere on this blog, but the summary is this: there was no network blocking involved (not a “net neutrality” issue), and the FCC analyzed it and decided it was in the best interests of the consumer. It’s disingenuous to claim it’s an evil that justifies FCC actions when the FCC itself declared it not evil and took no action. It’s disingenuous to cite the “net neutrality” principle that all network traffic must be treated when, in fact, the network did treat all the traffic equally.

Another frequently cited abuse is Comcast’s throttling of BitTorrent.Comcast did this because Netflix users were complaining. Like all streaming video, Netflix backs off to slower speed (and poorer quality) when it experiences congestion. BitTorrent, uniquely among applications, never backs off. As most applications become slower and slower, BitTorrent just speeds up, consuming all available bandwidth. This is especially problematic when there’s limited upload bandwidth available. Thus, Comcast throttled BitTorrent during prime time TV viewing hours when the network was already overloaded by Netflix and other streams. BitTorrent users wouldn’t mind this throttling, because it often took days to download a big file anyway.

When the FCC took action, Comcast stopped the throttling and imposed bandwidth caps instead. This was a worse solution for everyone. It penalized heavy Netflix viewers, and prevented BitTorrent users from large downloads. Even though BitTorrent users were seen as the victims of this throttling, they’d vastly prefer the throttling over the bandwidth caps.

In both the FaceTime and BitTorrent cases, the issue was “network management”. AT&T had no competing video calling service, Comcast had no competing download service. They were only reacting to the fact their networks were overloaded, and did appropriate things to solve the problem.

Mobile carriers still struggle with the “network management” issue. While their networks are fast, they are still of low capacity, and quickly degrade under heavy use. They are looking for tricks in order to reduce usage while giving consumers maximum utility.

The biggest concern is video. It’s problematic because it’s designed to consume as much bandwidth as it can, throttling itself only when it experiences congestion. This is what you probably want when watching Netflix at the highest possible quality, but it’s bad when confronted with mobile bandwidth caps.

With small mobile devices, you don’t want as much quality anyway. You want the video degraded to lower quality, and lower bandwidth, all the time.

That’s the reasoning behind T-Mobile’s offerings. They offer an unlimited video plan in conjunction with the biggest video providers (Netflix, YouTube, etc.). The catch is that when congestion occurs, they’ll throttle it to lower quality. In other words, they give their bandwidth to all the other phones in your area first, then give you as much of the leftover bandwidth as you want for video.

While it sounds like T-Mobile is doing something evil, “zero-rating” certain video providers and degrading video quality, the FCC allows this, because they recognize it’s in the customer interest.

Mobile providers especially have great interest in more innovation in this area, in order to conserve precious bandwidth, but they are finding it costly. They can’t just innovate, but must ask the FCC permission first. And with the new heavy handed FCC rules, they’ve become hostile to this innovation. This attitude is highlighted by the statement from the “Open Internet” order:

And consumers must be protected, for example from mobile commercial practices masquerading as “reasonable network management.”

This is a clear declaration that free-market doesn’t work and won’t correct abuses, and that that mobile companies are treacherous and will do evil things without FCC oversight.

Conclusion

Ignoring the rhetoric for the moment, the debate comes down to simple left-wing authoritarianism and libertarian principles. The Obama administration created a regulatory regime under clear Democrat principles, and the Trump administration is rolling it back to more free-market principles. There is no principle at stake here, certainly nothing to do with a technical definition of “net neutrality”.

The 2015 “Open Internet” order is not about “treating network traffic neutrally”, because it doesn’t do that. Instead, it’s purely a left-wing document that claims corporations cannot be trusted, must be regulated, and that innovation and prosperity comes from the regulators and not the free market.

It’s not about monopolistic power. The primary targets of regulation are the mobile broadband providers, where there is plenty of competition, and who have the most “network management” issues. Even if it were just about wired broadband (like Comcast), it’s still ignoring the primary ways monopolies profit (raising prices) and instead focuses on bizarre and unlikely ways of rent seeking.

If you are a libertarian who nonetheless believes in this “net neutrality” slogan, you’ve got to do better than mindlessly repeating the arguments of the left-wing. The term itself, “net neutrality”, is just a slogan, varying from person to person, from moment to moment. You have to be more specific. If you truly believe in the “net neutrality” technical principle that all traffic should be treated equally, then you’ll want a rewrite of the “Open Internet” order.

In the end, while libertarians may still support some form of broadband regulation, it’s impossible to reconcile libertarianism with the 2015 “Open Internet”, or the vague things people mean by the slogan “net neutrality”.

New Police Anti-Piracy Task Force May Get Involved in Site Blocking

Post Syndicated from Ernesto original https://torrentfreak.com/new-police-anti-piracy-task-force-may-get-involved-in-site-blocking-171206/

On a regular basis, major media companies and their associates seek assistance from the authorities in order to curb copyright infringement.

In some cases, this has resulted in special police units that have piracy among their main objectives, such as The City of London Police Intellectual Property Crime Unit (PIPCU) in the UK.

Over in Denmark, the Government greenlighted a similar initiative last week. Justice Minister Søren Pape Poulsen approved a new task force that will operate under police wings, with an exclusive focus on intellectual property crimes.

“This is the culmination of a joint effort among Danish trade organizations’ calls for public engagement in the enforcement of IP crime in Denmark,” Maria Fredenslund, CEO of the local anti-piracy group RettighedsAlliancen (Rights Alliance) tells TorrentFreak.

“Similar to the PIPCU unit in the UK the task force will be specialized in IP crime and will handle existing cases and develop digital enforcement,” she adds.

The new unit will consist of five or six investigators, who will be assisted by prosecutors. The main goal will be to tackle organized crime on as many levels as possible.

The new police task force will first operate on a trial basis. After the first half year, the Government will evaluate its progress and decide if the project will continue. If that happens, the unit may also get involved in website blocking efforts.

Pirate site blockades are not new in Denmark, but thus far these have been the result of civil procedures initiated by copyright holders. According to new plans, which still have to be approved, legislation that’s currently used to block terrorist content may be used against pirate sites as well.

“The Government will look into the possibility to give the police authority to carry out blockades of infringing websites,” Fredenslund says.

This would be possible under a provision in the Administration of Justice Act, which the Danish Parliament recently adopted. While the blocking requests would be submitted by the police unit, instead of copyright holders, a court still has to approve them.

“The decision to block a website is made with a court order by request of the police. The court order shall list the specific circumstances that prove the conditions for the blocking of the website have been met. The court order may be revoked at any time,” the relevant provision reads.

For the time being, the new anti-piracy task force will focus on handling other copyright infringement cases, which these are plenty of.

Rights Alliance is happy with the help they are getting. The anti-piracy group has been working on their own “piracy disruption machine” in recent months and with assistance from law enforcement, they hope to achieve some good results soon.

For now, however, the private blocking requests are continuing as well.

Just yesterday the District Court in Frederiksberg issued an order (pdf) in favor of the Rights Alliance, requiring a local ISP to block dozens of Popcorn Time related domain names. As part of a voluntary agreement, this block will be implemented by other Internet providers as well.

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ISPs and Movie Industry Prepare Canadian Pirate Site Blocking Deal

Post Syndicated from Ernesto original https://torrentfreak.com/isps-and-movie-industry-prepare-canadian-pirate-site-blocking-deal-171205/

ISP blocking has become a prime measure for the entertainment industry to target pirate sites on the Internet.

In recent years sites have been blocked throughout Europe, in Asia, and even Down Under.

In most countries, these blockades are ordered by local courts, which compel Internet providers to restrict access to certain websites. In Canada, however, there’s a plan in the works to allow for website blockades without judicial oversight.

A coalition of movie industry companies and ISPs, including Bell, Rogers, and Cineplex are discussing a proposal to implement such measures. The Canadian blocklist would be maintained by a new non-profit organization called “Internet Piracy Review Agency” (IPRA) and enforced through the CTRC, Canadaland reports.

The plan doesn’t come as a total surprise as Bell alluded to a nationwide blocking mechanism during a recent Government hearing. What becomes clear from the new plans, however, is that the telco is not alone.

The new proposal is being discussed by various stakeholders including ISPs and local movie companies. As in other countries, major American movie companies are also in the loop, but they will not be listed as official applicants when the plan is submitted to the CRTC.

Canadian law professor Micheal Geist is very critical of the plans. Although the proposal would only cover sites that “blatantly, overwhelmingly or structurally” engage in or facilitate copyright infringement, this can be a blurry line.

“Recent history suggests that the list will quickly grow to cover tougher judgment calls. For example, Bell has targeted TVAddons, a site that contains considerable non-infringing content,” Geist notes.

“It can be expected that many other sites disliked by rights holders or broadcasters would find their way onto the block list,” he adds.

While the full list of applicants is not ready yet, it is expected that the coalition will file its proposal to the CRTC before the end of the month.

Thus far, the Government appears to be reluctant in its response. In comments to Canadaland spokesperson Karl Sasseville stressed that Canada maintains committed to an open Internet.

“Our government supports an open internet where Canadians have the ability to access the content of their choice in accordance to Canadian laws,” Sasseville says. “While other parts of the world are focused on building walls, we’re focused on opening doors‎.”

As we’ve seen in the past, “net neutrality” and website blocking are not mutually exclusive. Courts around the world, also in Canada, have ordered content to be blocked, open Internet or not. However, bypassing the judicial system may prove to be a problem.

Professor Geist is happy with the Government’s comments and notes that legal basis for the proposal is thin.

He stresses that the ISPs involved in these plans should seriously consider if they want to continue down this path, which isn’t necessarily in the best interest of their customers.

“The government rightly seems dismissive of the proposal in the Canadaland report but as leading Internet providers, Bell and Rogers should be ashamed for leading the charge on such a dangerous, anti-speech and anti-consumer proposal,” Geist concludes.

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GoMovies/123Movies Launches Anime Streaming Site

Post Syndicated from Ernesto original https://torrentfreak.com/gomovies123movies-launches-anime-streaming-site-171204/

Pirate video streaming sites are booming. Their relative ease of use through on-demand viewing makes them a viable alternative to P2P file-sharing, which traditionally dominated the piracy arena.

The popular movie streaming site GoMovies, formerly known as 123movies, is one of the most-used streaming sites. Despite the rebranding and several domain changes, it has built a steady base of millions of users over the past year and a half.

And it’s not done yet, we learn today.

The site, currently operating from the Gostream.is domain name, recently launched a new spinoff targeting anime fans. Animehub.to is currently promoted on GoMovies and the site’s operators aim to turn it into the leading streaming site for anime content.

Animehub.to

Someone connected to GoMovies told us that they’ve received a lot of requests from users to add anime content. Anime has traditionally been a large niche on file-sharing sites and the same is true on streaming platforms.

Technically speaking, GoMovies could have easily filled up the original site with anime content, but the owners prefer a different outlet.

With a separate anime site, they hope to draw in more visitors, TorrentFreak was told by an insider. For one, this makes it possible to rank better in search engines. It also allows the operators to cater specifically to the anime audience, with anime specific categories and release schedules.

Anime copyright holders will not be pleased with the new initiative, that’s for sure, but GoMovies is not new to legal pressure.

Earlier this year the US Ambassador to Vietnam called on the local Government to criminally prosecute people behind 123movies, the previous iteration of the site. In addition, the MPAA reported the site to the US Government in its recent overview of notorious pirate sites.

Pressure or not, it appears that GoMovies has no intention of slowing down or changing its course, although we’ve heard that yet another rebranding is on the horizon.

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Coalition Against Piracy Wants Singapore to Block Streaming Piracy Software

Post Syndicated from Andy original https://torrentfreak.com/coalition-against-piracy-wants-singapore-to-block-streaming-piracy-software-171204/

Earlier this year, major industry players including Disney, HBO, Netflix, Amazon and NBCUniversal formed the Alliance for Creativity and Entertainment (ACE), a huge coalition set to tackle piracy on a global scale.

Shortly after the Coalition Against Piracy (CAP) was announced. With a focus on Asia and backed by CASBAA, CAP counts Disney, Fox, HBO Asia, NBCUniversal, Premier League, Turner Asia-Pacific, A&E Networks, BBC Worldwide, National Basketball Association, Viacom International, and others among its members.

In several recent reports, CAP has homed in on the piracy situation in Singapore. Describing the phenomenon as “rampant”, the group says that around 40% of locals engage in the practice, many of them through unlicensed streaming. Now CAP, in line with its anti-streaming stance, wants the government to do more – much more.

Since a large proportion of illicit streaming takes place through set-top devices, CAP’s 21 members want the authorities to block the software inside them that enables piracy, Straits Times reports.

“Within the Asia-Pacific region, Singapore is the worst in terms of availability of illicit streaming devices,” said CAP General Manager Neil Gane.

“They have access to hundreds of illicit broadcasts of channels and video-on-demand content.”

There are no precise details on CAP’s demands but it is far from clear how any government could effectively block software.

Blocking access to the software package itself would prove all but impossible, so that would leave blocking the infrastructure the software uses. While that would be relatively straightforward technically, the job would be large and fast-moving, particularly when dozens of apps and addons would need to be targeted.

However, CAP is also calling on the authorities to block pirate streams from entering Singapore. The country already has legislation in place that can be used for site-blocking, so that is not out of the question. It’s notable that the English Premier League is part of the CAP coalition and following legal action taken in the UK earlier this year, now has plenty of experience in blocking streams, particularly of live broadcasts.

While that is a game of cat-and-mouse, TorrentFreak sources that have been monitoring the Premier League’s actions over the past several months report that the soccer outfit has become more effective over time. Its blocks can still be evaded but it can be hard work for those involved. That kind of expertise could prove invaluable to CAP.

“The Premier League is currently engaged in its most comprehensive global anti-piracy programme,” a spokesperson told ST. “This includes supporting our broadcast partners in South-east Asia with their efforts to prevent the sale of illicit streaming devices.”

In common with other countries around the world, the legality of using ‘pirate’ streaming boxes is somewhat unclear in Singapore. A Bloomberg report cites a local salesman who reports sales of 10 to 20 boxes on a typical weekend, rising to 300 a day during electronic fairs. He believes the devices are legal, since they don’t download full copies of programs.

While that point is yet to be argued in court (previously an Intellectual Property Office of Singapore spokesperson said that copyright owners could potentially go after viewers), it seems unlikely that those selling the devices will be allowed to continue completely unhindered. The big question is how current legislation can be successfully applied.

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Google Says It Can’t Filter Pirated Content Proactively

Post Syndicated from Ernesto original https://torrentfreak.com/google-says-it-cant-filter-pirated-content-proactively-171202/

Over the past few years the entertainment industries have repeatedly asked Google to step up its game when it comes to its anti-piracy efforts.

These calls haven’t fallen on deaf ears and Google has steadily implemented various anti-piracy measures in response.

Still, that is not enough. At least, according to several prominent music industry groups who are advocating a ‘Take Down, Stay Down’ approach.

Currently, Google mostly responds to takedown requests that are sent in by copyright holders. The search engine deletes the infringing results and demotes the domains of frequent infringers. However, the same content often reappears on other sites, or in another location on the same site.

Earlier this year a group of prominent music groups stated that the present situation forces rightsholders to participate in a never-ending game of whack-a-mole which doesn’t fix the underlying problem. Instead, it results in a “frustrating, burdensome and ultimately ineffective takedown process.”

While Google understands the rationale behind the complaints, the company doesn’t believe in a more proactive solution. This was reiterated by Matt Brittin, President of EMEA Business & Operations at Google, during the Royal Television Society Event in London this week.

“The music industry has been quite tough with us on this. They’d like us proactively to know this stuff. It’s just not possible in this industry,” Brittin said.

That doesn’t mean that Google is sitting still. Brittin stresses that the company has invested millions in anti-piracy tools. That said, there can always be room for improvement.

“What we’ve tried to do is build tools that allow them to do that at scale easily and that work all together … I’m sure there are places where we could do better. There are teams and millions of dollars invested in this.

“Combatting bad acts and piracy is obviously very important to us,” Brittin added.

While Google sees no room for proactive filtering in search results, music industry insiders believe it’s possible.

Ideally, they want some type of automated algorithm or technology that removes infringing results without a targeted DMCA notice. This could be similar to YouTube’s Content-ID system, or the hash filtering mechanisms Google Drive employs, for example.

For now, however, there’s no sign that Google will go beyond the current takedown notice approach, at least for search. A ‘Take Down, Stay Down’ mechanism wouldn’t “understand” when content is authorized or not, the company previously noted.

And so, the status quo is likely to remain, at least for now.

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New Piracy Scaremongering Video Depicts ‘Dangerous’ Raspberry Pi

Post Syndicated from Andy original https://torrentfreak.com/new-piracy-scaremongering-video-depicts-dangerous-raspberry-pi-171202/

Unless you’ve been living under a rock for the past few years, you’ll be aware that online streaming of video is a massive deal right now.

In addition to the successes of Netflix and Amazon Prime, for example, unauthorized sources are also getting a piece of the digital action.

Of course, entertainment industry groups hate this and are quite understandably trying to do something about it. Few people have a really good argument as to why they shouldn’t but recent tactics by some video-affiliated groups are really starting to wear thin.

From the mouth of Hollywood itself, the trending worldwide anti-piracy message is that piracy is dangerous. Torrent sites carry viruses that will kill your computer, streaming sites carry malware that will steal your identity, and ISDs (that’s ‘Illegal Streaming Devices’, apparently) can burn down your home, kill you, and corrupt your children.

If anyone is still taking notice of these overblown doomsday messages, here’s another one. Brought to you by the Hollywood-funded Digital Citizens Alliance, the new video rams home the message – the exact same message in fact – that set-top boxes providing the latest content for free are a threat to, well, just about everything.

While the message is probably getting a little old now, it’s worth noting the big reveal at ten seconds into the video, where the evil pirate box is introduced to the viewer.

As reproduced in the left-hand image below, it is a blatantly obvious recreation of the totally content-neutral Raspberry Pi, the affordable small computer from the UK. Granted, people sometimes use it for Kodi (the image on the right shows a Kodi-themed Raspberry Pi case, created by official Kodi team partner FLIRC) but its overwhelming uses have nothing to do with the media center, or indeed piracy.

Disreputable and dangerous device? Of course not

So alongside all the scary messages, the video succeeds in demonizing a perfectly innocent and safe device of which more than 15 million have been sold, many of them directly to schools. Since the device is so globally recognizable, it’s a not inconsiderable error.

It’s a topic that the Kodi team itself vented over earlier this week, noting how the British tabloid media presented the recent wave of “Kodi Boxes Can Kill You” click-bait articles alongside pictures of the Raspberry Pi.

“Instead of showing one of the many thousands of generic black boxes sold without the legally required CE/UL marks, the media mainly chose to depict a legitimate Rasbperry Pi clothed in a very familiar Kodi case. The Pis originate from Cambridge, UK, and have been rigorously certified,” the team complain.

“We’re also super-huge fans of the Raspberry Pi Foundation, and the proceeds of Pi board sales fund the awesome work they do to promote STEM (Science, Technology, Engineering and Mathematics) education in schools. The Kodi FLIRC case has also been a hit with our Raspberry Pi users and sales contribute towards the cost of events like Kodi DevCon.”

“It’s insulting, and potentially harmful, to see two successful (and safe) products being wrongly presented for the sake of a headline,” they conclude.

Indeed, it seems that both press and the entertainment industry groups that feed them have been playing fast and loose recently, with the Raspberry Pi getting a particularly raw deal.

Still, if it scares away some pirates, that’s the main thing….

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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)

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European Commission Steps Up Fight Against Online Piracy

Post Syndicated from Ernesto original https://torrentfreak.com/european-commission-steps-up-fight-against-online-piracy-171130/

The European Commission has had copyright issues at the top of its agenda for a while, resulting in several controversial proposals.

This week it presented a series of new measures to ensure that copyright holders are well protected, targeting both online piracy and counterfeit goods.

“Today we boost our collective ability to catch the ‘big fish’ behind fake goods and pirated content which harm our companies and our jobs – as well as our health and safety in areas such as medicines or toys,” Commissioner Elżbieta Bieńkowska announced.

The Commission notes that it’s stepping up the fight against counterfeiting and piracy. However, many of the proposals are not entirely new for those who follow anti-piracy issues around the globe.

One of the main goals is to focus on the people who facilitate copyright infringement, such as pirate site operators, and try to cut their revenue streams.

“The Commission seeks to deprive commercial-scale IP infringers of the revenue flows that make their criminal activity lucrative – this is the so-called ‘follow the money’ approach which focuses on the ‘big fish’ rather than individuals,” they write.

Instead of using legislation to reach this goal, the Commission prefers to continue its support for voluntary agreements between copyright holders and third-party services. This includes deals with advertising and payment services to cut their ties with pirate sites.

“Such agreements can lead to faster action against counterfeiting and piracy than court actions,” the Commission writes.

Another tool to fight piracy appears on the agenda for the first time. The European Commission notes that it will also support the quest for new anti-piracy initiatives, including the use of blockchain technology.

“Supporting industry-led initiatives to combat IP infringements, including work on Memoranda of Understanding and exploring the potential of new technologies such as blockchain to combat IP infringements in supply chains,” the suggestion reads.

No concrete examples were given but earlier this week, European Parliament member Brando Benifei wrote an article on the issue in Euractiv.

Benifei mentions that blockchain technology can help independent artists collect royalty payments without the need for middlemen. In a similar vein, blockchains can also be used to track the unauthorized distribution of works.

In addition to broadening the anti-piracy horizon, the European Commission also released a new guidance on how the current IPR Enforcement Directive (IPRED) should be interpreted, taking into account various recent developments, including landmark EU Court of Justice rulings.

The guidance explains how and when it’s appropriate to issue website blocking orders, for example. In general, blocking injunctions are warranted when they are proportional and aimed at preventing concrete infringements.

The comprehensive guidance also covers the issue of filtering. Interestingly, the Commission clarifies that third-party services can’t be required to “install and operate excessively broad, unspecific and expensive filtering systems.”

This appears to run counter to the mandatory piracy filters that were suggested as part of the copyright reform proposal.

However, the Commission notes that in some specific cases, hosting providers (e.g. YouTube) can be ordered to monitor uploads. This is in line with a recent communication which recommended that online services should implement measures to automatically detect and remove suspected illegal content.

While the new plans continue down the path of stronger copyright protections, not all rightsholders are happy. IFPI is glad that the main problems are highlighted, but would have liked to have seen more concrete plans.

“We are disappointed that despite the European Commission recognizing the need to modernize IPRED and years of evidence gathering, today’s result is merely guidance to EU Member State governments. Soft law does not give right holders the tools they need to take effective action against pirate services,” IFPI writes.

On the other side of the divide, opposition to the previously announced EU copyright reform plans continues as well. Earlier today a group of over 80 organizations urged EU member states to speak out against several controversial copyright proposals, including the upload filter.

“The signatories warn the Member states that the discussion around the Copyright Directive are on the verge of causing irreparable damage to our fundamental rights and freedoms, our economy and competitiveness, our education and research, our innovation and competition, our creativity and our culture,” they say.

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Netflix Is Not Going to Kill Piracy, Research Suggests

Post Syndicated from Ernesto original https://torrentfreak.com/netflix-not-going-kill-piracy-research-suggests-171129/

There is little doubt that, in many countries, Netflix has become the standard for watching movies on the Internet.

Generally speaking, on-demand streaming services are convenient alternatives to piracy. However, millions of people stick to their old pirate habits, Netflix subscription or not.

Intrigued by this interplay of legal and unauthorized viewing, researchers from Carnegie Mellon University and Universidade Católica Portuguesa carried out an extensive study. They partnered with a major telco, which is not named, to analyze if BitTorrent downloading habits can be changed by offering legal alternatives.

The researchers used a piracy-tracking firm to get a sample of thousands of BitTorrent pirates at the associated ISP. Half of them were offered a free 45-day subscription to a premium TV and movies package, allowing them to watch popular content on demand.

To measure the effects of video-on-demand access on piracy, the researchers then monitored the legal viewing activity and BitTorrent transfers of the people who received the free offer, comparing it to a control group. The results show that piracy is harder to beat than some would expect.

Subscribers who received the free subscription watched more TV, but overall their torrenting habits didn’t change significantly.

“We find that, on average, households that received the gift increased overall TV consumption by 4.6% and reduced Internet downloads and uploads by 4.2% and 4.5%, respectively. However, and also on average, treated households did not change their likelihood of using BitTorrent during the experiment,” the researchers write.

One of the main problems was that these ‘pirates’ couldn’t get all their favorite shows and movies on the legal service, which is a common problem. For the small portion of subscribers who had access to their preferred content, the researchers did find an effect on torrent traffic.

“Households with preferences aligned with the gifted content reduced their probability of using BitTorrent during the experiment by 18% and decreased their amount of upload traffic by 45%,” the paper reads.

The video-on-demand service in the study had an average “fit” of just 12% with people’s viewing preferences, which means that they were missing a lot of content. But even Netflix, which has a library of thousands of titles, only has a fit of roughly 50%.

The researchers show that the lack of availability is partly caused by licensing windows, which makes it hard for legal video streaming services to compete with piracy.

“We show that licensing windows impose significant restrictions on the content that can be included in SVoD catalogs, which hampers the ability of content distributors to offer catalogs that cater to the preferences of pirates,” they write.

However, even if more content became available, piracy wouldn’t magically disappear. In the experiment, subscribers were offered free access to a video on demand service. In the real world, they would have to pay, which presents another barrier.

In this study, the pirate households were willing to pay at most $3.25 USD per month to access a service with a library as large as Netflix’s in the United States. That’s not enough.

This leads the researchers to the grim conclusion that video on demand services such as Netflix can’t significantly lower piracy rates. They could make a dent if they increase their content libraries while lowering the price at the same time, but that’s not going to happen.

“Together, our results show that, as a stand-alone strategy, using legal SVoD to curtail piracy will require, at the minimum, offering content much earlier and at much lower prices than those currently offered in the marketplace, changes that are likely to reduce industry revenue and that may damage overall incentives to produce new content while, at the same time, curbing only a small share of piracy,” the researchers conclude.

While Hollywood maintains that people can get pretty much anything they want legally, the current research shows that it’s not as simple as that. Most people are not going to pay for 22 separate subscriptions. Instead of more streaming services, it would be better to make more content available at the ones that are already out there.

The research was partially funded by the Carnegie Mellon University’s IDEA, which receives an unrestricted gift from the MPAA, so Hollywood will likely be clued in on the results.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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