Tag Archives: pirate

Spanish Authorities Launch New Campaign to Block Pirate Websites

Post Syndicated from Andy original https://torrentfreak.com/spanish-authorities-launch-new-campaign-to-block-pirate-websites-180223/

Following complaints from Disney, 20th Century Fox, Paramount, Sony, Universal and Warner, a court in Spain recently ordered local ISPs to block HDFull.tv and Repelis.tv, a pair of popular pirate sites.

Citing changes in local law which helped facilitate the action, the MPA welcomed the blockades as necessary to prevent further damage to the creative industries. Now, just a week later, it seems that Spain really has the bit between its teeth.

An announcement from the Guardia Civil (Civil Guard), the oldest law enforcement agency in the country, reveals that almost two dozen websites have just been blocked for infringing intellectual property rights.

“The Civil Guard, within the framework of the ‘Operation CASCADA’, has initiated a campaign to block websites that allow people to download content protected by copyright and disseminate them through links in P2P networks, that is, networks of computers that work without fixed servers,” the Civil Guard said in a statement.

“In this first phase, a total of 23 web domains have been blocked from which direct download links of all kinds of protected audiovisual material such as movies, series, music and video games were accessed, many of them of recent creation and without being released yet in our country.

“High-quality versions of films available on the cinema billboards of our country were offered, although they had not yet been sold in physical or digital format and dubbed with audio in several languages.”

A full list of websites and domains hasn’t yet been provided by the authorities but familiar names including divxtotal.com and gamestorrents.com are confirmed to be included in the first wave.

The Civil Guard, which is organized as a military force under the authority of the Ministry of the Interior and Ministry of Defense, said that the administrators of the sites operate their platforms from abroad, generating advertising revenue from Spanish visitors who are said to make up 80% of the sites’ traffic.

In common with similar sites, the authorities accuse their owners of taking evasive action to avoid being shut down, including hiding the true location of their servers while moving them from country to country and masking domain registration data.

“Cases have been detected in which previously judicially blocked domains were reactivated in a matter of hours, with practically identical domain names or even changing only the extension thereof. In this way, and even if several successive blocks were made, they were able to ‘resurrect’ the web pages again in a very short space of time,” the Civil Guard reports.

“For all these reasons, components of the Department of Telematic Crimes of the Central Operative Unit of the Civil Guard, responsible for the investigation, were forced to implement a series of measures tending to cause a total blockade of them that would be effective and definitive, being currently inaccessible web pages or lacking download links.”

According to the authorities, the sites are now being continuously monitored, with replacement domains being blocked in less than three hours. That doesn’t appear to have been the case yesterday, however.

It’s claimed that the blocked sites were created by “a person of Spanish origin” who subsequently sold them to a company in Argentina. On Thursday, Argentina-based site Dixv.com.ar fired back against the blockade with a new site called Yadivx.com, which is reportedly serving all of the former’s content to users in Spain.

The sites’ owners continue to administer the rogue sites from Argentina, Spanish authorities believe. Only time will tell who will emerge victorious but at least for now, the sites are remaining defiant.

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

Bell Asks Employees to Back Pirate Site Blocking Plan

Post Syndicated from Ernesto original https://torrentfreak.com/bell-asks-employees-to-back-pirate-site-blocking-plan-180222/

Last month, a coalition of Canadian companies called on the local telecom regulator CRTC to establish a local pirate site blocking program, which would be the first of its kind in North America.

The Canadian deal is supported by Fairplay Canada, a coalition of both copyright holders and major players in the Telco industry, such as Bell and Rogers, which also have media companies of their own.

Thus far, there’s been a fair amount of opposition to the proposal. While CTRC is reviewing FairPlay Canada’s plans, OpenMedia has launched a petition to stop the effort in its tracks, which has already been signed by tens of thousands of Canadians.

However, there are also people who are backing the blocking efforts. In some cases, with a gentle push from their employer.

Canadian law Professor Micheal Geist, who’s one of the most vocal opponents of the blocking plans, recently tweeted a note Bell sent to its employees. Through an internal message, the ISP asks its workers to “help stop online piracy and protect content creators.”

Bell’s internal message

The company clearly hopes that its employees will back the site-blocking agenda, but according to Geist, this may not be the best way to do it.

Geist points out that the internal message doesn’t encourage employees to disclose their affiliation with Bell. This raises eyebrows, in particular, because Bell agreed to a $1.25 million settlement in 2015 after it encouraged some employees to write positive reviews and ratings on Bell apps.

In this case, the message has nothing to with app ratings, but it’s clear that the company is encouraging its employees to support a regulatory effort that serves Bell’s interests.

“All Canadians can provide their views on the website blocking proposal, but corporate encouragement to employees to participate in regulatory processes on the company’s behalf may raise the kinds of concerns regarding misleading impressions that sparked the Commissioner of Competition to intervene in 2015,” Geist’s writes in a blog post.

Even if Bell’s request is ‘fair play’ and within the boundaries of what’s allowed, it may do more harm than good.

Geist’s observation was picked up by local media with iPhoneinCanada describing Bell’s effort as “disingenuous,” which might lead to even more opposition in response.

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Dutch Continue to Curb Illegal Downloading But What About Streaming?

Post Syndicated from Andy original https://torrentfreak.com/dutch-continue-to-curb-illegal-downloading-but-what-about-streaming-180222/

After many years of downloading content with impunity, 2014 brought a culture shock to the Dutch.

Citizens were previously allowed to obtain content for their own use due to a levy on blank media that compensated rightsholders. However, the European Court of Justice found that system to be illegal and the government quickly moved to ban downloading from unauthorized sources.

In the four years that have passed since the ban, the downloading landscape has undergone change. That’s according to a study published by the Consumer Insights panel at Telecompaper which found that while 41% of respondents downloaded movies, TV shows, music and games from unauthorized sources in 2013, the figure had plunged to 27% at the end of 2016. There was a further drop to 24% by the end of 2017.

Of the people who continue to download illegally, men are overrepresented, the study found. While 27% of men obtained media for free during the last year to October 2017, only 21% of women did likewise.

While as many as 150 million people still use P2P technologies such as BitTorrent worldwide, there is a general decline in usage and this is reflected in the report.

In 2013, 18% of Dutch respondents used torrent-like systems to download, a figure that had fallen to 8% in 2016 and 6% last year. Again, male participants were overrepresented, outnumbering women by two to one. However, people appear to be visiting P2P networks less.

“The study showed that people who reported using P2P to download content, have done so on average 37 times a year [to October 2017]. In January of 2017 it was significantly higher, 61 times,” the study notes. P2P usage in November 2015 was rated at 98 instances per year.

Perhaps surprisingly, one of the oldest methods of downloading content has maintained its userbase in more recent years. Usenet, otherwise known as the newsgroups, accounted for 9% of downloaders in 2013 but after falling to around 6% of downloaders in 2016, that figure remained unchanged in 2017. Almost five times more men used newsgroups than women.

At the same time as showing a steady trend in terms of users, instances of newsgroup downloading are reportedly up in the latest count. In November 2015, people used the system an average of 98 times per year but in January 2017 that had fallen to 66 times. The latest figures find an average use of 68 times per year.

Drilling down into more obscure systems, 2% of respondents told Telecompaper that they’d used an FTP server during the past year, a method that was entirely dominated by men.

While the Dutch downloading ban in 2013 may have played some part in changing perceptions, the increased availability of legal offers cannot be ignored. Films and TV shows are now widely available on services such as Netflix and Amazon, while music is strongly represented via Spotify, Apple, Deezer and similar platforms.

Indeed, 12% of respondents said they are now downloading less illegally because it’s easier to obtain paid content, that’s versus 11% at the start of 2017 and just 3% in 2013. Interestingly, 14% of respondents this time around said their illegal downloads are down because they have more restrictions on their time.

Another interesting reason given for downloading less is that pirate content is becoming harder to find. In 2013, just 4% cited this as a cause for reduction yet in 2017, this had jumped to 8% of respondents, with blocked sites proving a stumbling block for some users.

On the other hand, 3% of respondents said that since content had become easier to find, they are now downloading more. However, that figure is down from 13% in November 2013 and 6% in January 2017.

But with legal streaming certainly making its mark in the Netherlands, the illegal streaming phenomenon isn’t directly addressed in the report. It is likely that a considerable number of citizens are now using this method to obtain their content fix in a way that’s not as easily trackable as torrent-like systems.

Furthermore, given the plans of local film distribution Dutch FilmWorks to chase and demand cash settlements from BitTorrent users, it’s likely that traffic to streaming sites will only increase in the months to come, at least for those looking to consume TV shows and movies.

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Australian Pirate Site Blocks Actually Block Pirate Sites

Post Syndicated from Ernesto original https://torrentfreak.com/australian-pirate-site-blocks-actually-block-pirate-sites-180221/

Australian copyright holders and lawmakers have been struggling to find an adequate response to online piracy for several years.

Progress has been slow, but with pirate site blockades now in effect, there appears to be some movement.

New research published by INCOPRO this week shows that traffic to blocked pirate sites has decreased 53.4% since the first measures were implemented a year ago. In total, usage of the top 250 pirate sites dropped a significant 25.4% in Australia.

In summary, the research confirms that direct traffic to blocked sites has decreased dramatically. Or put differently, the site blocking efforts actually block pirate sites, which by itself should hardly come as a surprise.

In fact, one might wonder how effective the blockades really are when nearly half of all direct traffic to the blocked sites in Australia remains intact and dozens of the country’s ISPs are involved.

On top, it’s also worth mentioning that the research doesn’t take VPN usage into account. Australian interest in VPNs surged after the blockades were announced, so many people are likely to be circumvented the blockades using foreign VPNs.

While VPNs were not factored in, the current research did look at proxy site traffic and concludes that this only substitutes a small portion of the traffic that went to pirate sites before the blockades.

While it’s undoubtedly true that direct traffic to blocked sites has dropped, the research also includes some odd results. For example, it attributes a recent drop in Isohunt.to traffic to the blocking measures, when in reality the site actually shut down.

“ISOHunt usage has been on a downward trend since December 2016, and is now at its lowest on record having reduced by 96.4% since blocking began,” the report reads, drawing on data from Alexa.

But perhaps we’re nitpicking.

Creative Content Australia (CCA) is happy with these results and states that the fight against piracy has claimed a significant victory. However, the anti-piracy group also stressed that more can be done.

“The reduction in piracy is exciting news but that 53% could be 90%,” CCA Chairman Graham Burke says, using the opportunity to take another stab at Google.

“The government has shut the front door, but Google is leading people to the back door, showing no respect for Australian law or courts let alone any regard for the Australian economy and cultural way of life,” Burke adds.

INCOPRO’s research will undoubtedly be used to convince lawmakers that the current site blocking efforts should remain in place.

With this in mind, the release of the report comes at an interesting time. The previously unpublished results were drawn up last December, but were only made public this week, a few days after the Australian Government announced a review of the site blocking measures.

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

TVAddons Suffers Big Setback as Court Completely Overturns Earlier Ruling

Post Syndicated from Andy original https://torrentfreak.com/tvaddons-suffers-big-setback-as-court-completely-overturns-earlier-ruling-180221/

On June 2, 2017 a group of Canadian telecoms giants including Bell Canada, Bell ExpressVu, Bell Media, Videotron, Groupe TVA, Rogers Communications and Rogers Media, filed a complaint in Federal Court against Montreal resident, Adam Lackman.

Better known as the man behind Kodi addon repository TVAddons, Lackman was painted as a serial infringer in the complaint. The telecoms companies said that, without gaining permission from rightsholders, Lackman communicated copyrighted TV shows including Game of Thrones, Prison Break, The Big Bang Theory, America’s Got Talent, Keeping Up With The Kardashians and dozens more, by developing, hosting, distributing and promoting infringing Kodi add-ons.

To limit the harm allegedly caused by TVAddons, the complaint demanded interim, interlocutory, and permanent injunctions restraining Lackman from developing, promoting or distributing any of the allegedly infringing add-ons or software. On top, the plaintiffs requested punitive and exemplary damages, plus costs.

On June 9, 2017 the Federal Court handed down a time-limited interim injunction against Lackman ex parte, without Lackman being able to mount a defense. Bailiffs took control of TVAddons’ domains but the most controversial move was the granting of an Anton Piller order, a civil search warrant which granted the plaintiffs no-notice permission to enter Lackman’s premises to secure evidence before it could be tampered with.

The order was executed June 12, 2017, with Lackman’s home subjected to a lengthy search during which the Canadian was reportedly refused his right to remain silent. Non-cooperation with an Anton Piller order can amount to a contempt of court, he was told.

With the situation seemingly spinning out of Lackman’s control, unexpected support came from the Honourable B. Richard Bell during a subsequent June 29, 2017 Federal Court hearing to consider the execution of the Anton Piller order.

The Judge said that Lackman had been subjected to a search “without any of the protections normally afforded to litigants in such circumstances” and took exception to the fact that the plaintiffs had ordered Lackman to spill the beans on other individuals in the Kodi addon community. He described this as a hunt for further evidence, not the task of preserving evidence it should’ve been.

Justice Bell concluded by ruling that while the prima facie case against Lackman may have appeared strong before the judge who heard the matter ex parte, the subsequent adversarial hearing undermined it, to the point that it no longer met the threshold.

As a result of these failings, Judge Bell vacated the Anton Piller order and dismissed the application for interlocutory injunction.

While this was an early victory for Lackman and TVAddons, the plaintiffs took the decision to an appeal which was heard November 29, 2017. Determined by a three-judge panel and signed by Justice Yves de Montigny, the decision was handed down Tuesday and it effectively turns the earlier ruling upside down.

The appeal had two matters to consider: whether Justice Bell made errors when he vacated the Anton Piller order, and whether he made errors when he dismissed the application for an interlocutory injunction. In short, the panel found that he did.

In a 27-page ruling, the first key issue concerns Justice Bell’s understanding of the nature of both Lackman and TVAddons.

The telecoms companies complained that the Judge got it wrong when he characterized Lackman as a software developer who came up with add-ons that permit users to access material “that is for the most part not infringing on the rights” of the telecoms companies.

The companies also challenged the Judge’s finding that the infringing add-ons offered by the site represented “just over 1%” of all the add-ons developed by Lackman.

“I agree with the [telecoms companies] that the Judge misapprehended the evidence and made palpable and overriding errors in his assessment of the strength of the appellants’ case,” Justice Yves de Montigny writes in the ruling.

“Nowhere did the appellants actually state that only a tiny proportion of the add-ons found on the respondent’s website are infringing add-ons.”

The confusion appears to have arisen from the fact that while TVAddons offered 1,500 add-ons in total, the heavily discussed ‘featured’ addon category on the site contained just 22 add-ons, 16 of which were considered to be infringing according to the original complaint. So, it was 16 add-ons out of 22 being discussed, not 16 add-ons out of a possible 1,500.

“[Justice Bell] therefore clearly misapprehended the evidence in this regard by concluding that just over 1% of the add-ons were purportedly infringing,” the appeals Judge adds.

After gaining traction with Justice Bell in the previous hearing, Lackman’s assertion that his add-ons were akin to a “mini Google” was fiercely contested by the telecoms companies. They also fell flat before the appeal hearing.

Justice de Montigny says that Justice Bell “had been swayed” when Lackman’s expert replicated the discovery of infringing content using Google but had failed to grasp the important differences between a general search engine and a dedicated Kodi add-on.

“While Google is an indiscriminate search engine that returns results based on relevance, as determined by an algorithm, infringing add-ons target predetermined infringing content in a manner that is user-friendly and reliable,” the Judge writes.

“The fact that a search result using an add-on can be replicated with Google is of little consequence. The content will always be found using Google or any other Internet search engine because they search the entire universe of all publicly available information. Using addons, however, takes one to the infringing content much more directly, effortlessly and safely.”

With this in mind, Justice de Montigny says there is a “strong prima facie case” that Lackman, by hosting and distributing infringing add-ons, made the telecoms companies’ content available to the public “at a time of their choosing”, thereby infringing paragraph 2.4(1.1) and section 27 of the Copyright Act.

On TVAddons itself, the Judge said that the platform is “clearly designed” to facilitate access to infringing material since it targets “those who want to circumvent the legal means of watching television programs and the related costs.”

Turning to Lackman, the Judge said he could not claim to have no knowledge of the infringing content delivered by the add-ons distributed on this site, since they were purposefully curated prior to distribution.

“The respondent cannot credibly assert that his participation is content neutral and that he was not negligent in failing to investigate, since at a minimum he selects and organizes the add-ons that find their way onto his website,” the Judge notes.

In a further setback, the Judge draws clear parallels with another case before the Canadian courts involving pre-loaded ‘pirate’ set-top boxes. Justice de Montigny says that TVAddons itself bears “many similarities” with those devices that are already subjected to an interlocutory injunction in Canada.

“The service offered by the respondent through the TVAddons website is no different from the service offered through the set-top boxes. The means through which access is provided to infringing content is different (one relied on hardware while the other relied on a website), but they both provided unauthorized access to copyrighted material without authorization of the copyright owners,” the Judge finds.

Continuing, the Judge makes some pointed remarks concerning the execution of the Anton Piller order. In short, he found little wrong with the way things went ahead and also contradicted some of the claims and beliefs circulated in the earlier hearing.

Citing the affidavit of an independent solicitor who monitored the order’s execution, the Judge said that the order was explained to Lackman in plain language and he was informed of his right to remain silent. He was also told that he could refuse to answer questions other than those specified in the order.

The Judge said that Lackman was allowed to have counsel present, “with whom he consulted throughout the execution of the order.” There was nothing, the Judge said, that amounted to the “interrogation” alluded to in the earlier hearing.

Justice de Montigny also criticized Justice Bell for failing to take into account that Lackman “attempted to conceal crucial evidence and lied to the independent supervising solicitor regarding the whereabouts of that evidence.”

Much was previously made of Lackman apparently being forced to hand over personal details of third-parties associated directly or indirectly with TVAddons. The Judge clarifies what happened in his ruling.

“A list of names was put to the respondent by the plaintiffs’ solicitors, but it was apparently done to expedite the questioning process. In any event, the respondent did not provide material information on the majority of the aliases put to him,” the Judge reveals.

But while not handing over evidence on third-parties will paint Lackman in a better light with concerned elements of the add-on community, the Judge was quick to bring up the Canadian’s history and criticized Justice Bell for not taking it into account when he vacated the Anton Piller order.

“[T]he respondent admitted that he was involved in piracy of satellite television signals when he was younger, and there is evidence that he was involved in the configuration and sale of ‘jailbroken’ Apple TV set-top boxes,” Justice de Montigny writes.

“When juxtaposed to the respondent’s attempt to conceal relevant evidence during the execution of the Anton Piller order, that contextual evidence adds credence to the appellants’ concern that the evidence could disappear without a comprehensive order.”

Dismissing Justice Bell’s findings as “fatally flawed”, Justice de Montigny allowed the appeal of the telecoms companies, set aside the order of June 29, 2017, declared the Anton Piller order and interim injunctions legal, and granted an interlocutory injunction to remain valid until the conclusion of the case in Federal Court. The telecoms companies were also awarded costs of CAD$50,000.

It’s worth noting that despite all the detail provided up to now, the case hasn’t yet got to the stage where the Court has tested any of the claims put forward by the telecoms companies. Everything reported to date is pre-trial and has been taken at face value.

TorrentFreak spoke with Adam Lackman but since he hadn’t yet had the opportunity to discuss the matter with his lawyers, he declined to comment further on the record. There is a statement on the TVAddons website which gives his position on the story so far.

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

Pirate Site Admin Sentenced to Two Years Prison & €83.6 Million Damages

Post Syndicated from Andy original https://torrentfreak.com/pirate-site-admin-sentenced-to-two-years-prison-e83-6-million-damages-180221/

Way back in 2011, Streamiz was reported to be the second most popular pirate streaming site in France with around 250,000 visitors per day. The site didn’t host its own content but linked to movies elsewhere.

This prominent status soon attracted the attention of various entertainment companies including the National Federation of Film Distributors (FNDF) which filed a complaint against the site back in 2009.

Investigators eventually traced the presumed operator of the site to a location in the Hauts-de-Seine region of France. In October 2011 he was arrested leaving his Montrouge home in the southern Parisian suburbs. His backpack reportedly contained socks stuffed with almost 30,000 euros in cash.

The man was ordered to appear before the investigating judge but did not attend. He also failed to appear during his sentencing this Monday, which may or may not have been a good thing, depending on one’s perspective.

In his absence, the now 41-year-old was found guilty of copyright infringement offenses and handed one of the toughest sentences ever in a case of its type.

According to an AFP report, when the authorities can catch up with him the man must not only serve two years in prison but also pay a staggering 83.6 million euros in damages to Disney, 20th Century Fox, Warner Bros and SACEM, the Society of Authors, Composers and Music Publishers.

Streamiz is now closed but at its peak offered around 40,000 movies to millions of users per month. In total, the site stood accused of around 500,000,000 infringements, earning its operator an estimated 150,000 euros in advertising revenue over a two year period.

“This is a clear case of commercial counterfeiting” based on a “very structured” system, David El Sayegh, Secretary General of SACEM, told AFP. His sentence “sends a very clear message: there will be no impunity for pirates,” he added.

With an arrest warrant still outstanding, the former Streamiz admin is now on the run with very few options available to him. Certainly, the 83.6 million euro fine won’t ever be paid but the prison sentence is something he might need to get behind him.

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

Steal This Show S03E13: The Tao of The DAO

Post Syndicated from Ernesto original https://torrentfreak.com/steal-show-s03e13-tao-dao/

stslogo180If you enjoy this episode, consider becoming a patron and getting involved with the show. Check out Steal This Show’s Patreon campaign: support us and get all kinds of fantastic benefits!

In this episode, we meet Chris Beams, founder of the decentralized cryptocurrency exchange Bisq. We discuss the concept of DAOs (Decentralised Autonomous Organisations) and whether The Pirate Bay was an early example; how the start of Bitcoin parallels the start of the Internet itself; and why the meretricious Bitcoin Cash fork of Bitcoin is based on a misunderstanding of Open Source development.

Finally, we get into Bisq itself, discussing the potential political importance of decentralized crypto exchanges in the context of any future attempts by the financial establishment to control cryptocurrency.

Steal This Show aims to release bi-weekly episodes featuring insiders discussing copyright and file-sharing news. It complements our regular reporting by adding more room for opinion, commentary, and analysis.

The guests for our news discussions will vary, and we’ll aim to introduce voices from different backgrounds and persuasions. In addition to news, STS will also produce features interviewing some of the great innovators and minds.

Host: Jamie King

Guest: Chris Beams

Produced by Jamie King
Edited & Mixed by Riley Byrne
Original Music by David Triana
Web Production by Siraje Amarniss

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Copyright Trolls Target Up to 22,000 Norwegians for Movie Piracy

Post Syndicated from Andy original https://torrentfreak.com/copyright-trolls-target-up-to-22000-norwegians-for-movie-piracy-180220/

Last January it was revealed that after things had become tricky in the US, the copyright trolls behind the action movie London Has Fallen were testing out the Norwegian market.

Reports emerged of letters being sent out to local Internet users by Danish law firm Njord Law, each demanding a cash payment of 2,700 NOK (around US$345). Failure to comply, the company claimed, could result in a court case and damages of around $12,000.

The move caused outrage locally, with consumer advice groups advising people not to pay and even major anti-piracy groups distancing themselves from the action. However, in May 2017 it appeared that progress had been made in stopping the advance of the trolls when another Njord Law case running since 2015 hit the rocks.

The law firm previously sent a request to the Oslo District Court on behalf of entertainment company Scanbox asking ISP Telenor to hand over subscribers’ details. In May 2016, Scanbox won its case and Telenor was ordered to hand over the information.

On appeal, however, the tables were turned when it was decided that evidence supplied by the law firm failed to show that sharing carried out by subscribers was substantial.

Undeterred, Njord Law took the case all the way to the Supreme Court. The company lost when a panel of judges found that the evidence presented against Telenor’s customers wasn’t good enough to prove infringement beyond a certain threshold. But Njord Law still wasn’t done.

More than six months on, the ruling from the Supreme Court only seems to have provided the company with a template. If the law firm could show that the scale of sharing exceeds the threshold set by Norway’s highest court, then disclosure could be obtained. That appears to be the case now.

In a ruling handed down by the Oslo District Court in January, it’s revealed that Njord Law and its partners handed over evidence which shows 23,375 IP addresses engaged in varying amounts of infringing behavior over an extended period. The ISP they have targeted is being kept secret by the court but is believed to be Telenor.

Using information supplied by German anti-piracy outfit MaverickEye (which is involved in numerous copyright troll cases globally), Njord Law set out to show that the conduct of the alleged pirates had been exceptional for a variety of reasons, categorizing them variously (but non-exclusively) as follows:

– IP addresses involved in BitTorrent swarm sizes greater than 10,000 peers/pirates
– IP addresses that have shared at least two of the plaintiffs’ movies
– IP addresses making available the plaintiffs’ movies on at least two individual days
– IP addresses that made available at least ten movies in total
– IP addresses that made available different movies on at least ten individual days
– IP addresses that made available movies from businesses and public institutions

While rejecting some categories, the court was satisfied that 21,804 IP addresses of the 23,375 IP addresses presented by Njord Law met or exceeded the criteria for disclosure. It’s still not clear how many of these IP addresses identify unique subscribers but many thousands are expected.

“For these users, it has been established that the gravity, extent, and harm of the infringement are so great that consideration for the rights holder’s interests in accessing information identifying the [allegedly infringing] subscribers is greater than the consideration of the subscribers’,” the court writes in its ruling.

“Users’ confidence that their private use of the Internet is protected from public access is a generally important factor, but not in this case where illegal file sharing has been proven. Nor has there been any information stating that the offenders in the case are children or anything else which implies that disclosure of information about the holder of the subscriber should be problematic.”

While the ISP (Telenor) will now have to spend time and resources disclosing its subscribers’ personal details to the law firm, it will be compensated for its efforts. The Oslo District Court has ordered Njord Law to pay costs of NOK 907,414 (US$115,822) plus NOK 125 (US$16.00) for every IP address and associated details it receives.

The decision can be appealed but when contacted by Norwegian publication Nettavisen, Telenor declined to comment on the case.

There is now the question of what Njord Law will do with the identities it obtains. It seems very likely that it will ask for a sum of money to make a potential lawsuit go away but it will still need to take an individual subscriber to court in order to extract payment, if they refuse to pay.

This raises the challenge of proving that the subscriber is the actual infringer when it could be anyone in a household. But that battle will have to wait until another day.

The full decision of the Oslo District Court can be found here (Norwegian)

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Canadian Pirate Site Blocks Could Spread to VPNs, Professor Warns

Post Syndicated from Ernesto original https://torrentfreak.com/canadian-pirate-site-blocks-could-spread-to-vpns-professor-warns-180219/

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.

Last month, a coalition of Canadian companies called on the local telecom regulator CRTC to establish a local pirate site blocking program, which would be the first of its kind in North America.

The Canadian deal is backed by both copyright holders and major players in the Telco industry, such as Bell and Rogers, which also have media companies of their own. Instead of court-ordered blockades, they call for a mutually agreed deal where ISPs will block pirate sites.

The plan has triggered a fair amount of opposition. Tens of thousands of people have protested against the proposal and several experts are warning against the negative consequences it may have.

One of the most vocal opponents is University of Ottawa law professor Micheal Geist. In a series of articles, processor Geist highlighted several problems, including potential overblocking.

The Fairplay Canada coalition downplays overblocking, according to Geist. They say the measures will only affect sites that are blatantly, overwhelmingly or structurally engaged in piracy, which appears to be a high standard.

However, the same coalition uses a report from MUSO as its primary evidence. This report draws on a list of 23,000 pirate sites, which may not all be blatant enough to meet the blocking standard.

For example, professor Geist notes that it includes a site dedicated to user-generated subtitles as well as sites that offer stream ripping tools which can be used for legal purposes.

“Stream ripping is a concern for the music industry, but these technologies (which are also found in readily available software programs from a local BestBuy) also have considerable non-infringing uses, such as for downloading Creative Commons licensed videos also found on video sites,” Geist writes.

If the coalition tried to have all these sites blocked the scope would be much larger than currently portrayed. Conversely, if only a few of the sites would be blocked, then the evidence that was used to put these blocks in place would have been exaggerated.

“In other words, either the scope of block list coverage is far broader than the coalition admits or its piracy evidence is inflated by including sites that do not meet its piracy standard,” Geist notes.

Perhaps most concerning is the slippery slope that the blocking efforts can turn into. Professor Geist fears that after the standard piracy sites are dealt with, related targets may be next.

This includes VPN services. While this may sound far-fetched to some, several members of the coalition, such as Bell and Rogers, have already criticized VPNs in the past since these allow people to watch geo-blocked content.

“Once the list of piracy sites (whatever the standard) is addressed, it is very likely that the Bell coalition will turn its attention to other sites and services such as virtual private networks (VPNs).

“This is not mere speculation. Rather, it is taking Bell and its allies at their word on how they believe certain services and sites constitute theft,” Geist adds.

The issue may even be more relevant in this case, since the same VPNs can also be used to circumvent pirate sites blockades.

“Further, since the response to site blocking from some Internet users will surely involve increased use of VPNs to evade the blocks, the attempt to characterize VPNs as services engaged in piracy will only increase,” Geist adds.

Potential overblocking is just one of the many issues with the current proposal, according to the law professor. Geist previously highlighted that current copyright law already provides sufficient remedies to deal with piracy and that piracy isn’t that much of a problem in Canada in the first place.

The CRTC has yet to issue its review of the proposal but now that the cat is out of the bag, rightsholders and ISPs are likely to keep pushing for blockades, one way or the other.

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Flight Sim Company Embeds Malware to Steal Pirates’ Passwords

Post Syndicated from Andy original https://torrentfreak.com/flight-sim-company-embeds-malware-to-steal-pirates-passwords-180219/

Anti-piracy systems and DRM come in all shapes and sizes, none of them particularly popular, but one deployed by flight sim company FlightSimLabs is likely to go down in history as one of the most outrageous.

It all started yesterday on Reddit when Flight Sim user ‘crankyrecursion’ reported a little extra something in his download of FlightSimLabs’ A320X module.

“Using file ‘FSLabs_A320X_P3D_v2.0.1.231.exe’ there seems to be a file called ‘test.exe’ included,” crankyrecursion wrote.

“This .exe file is from http://securityxploded.com and is touted as a ‘Chrome Password Dump’ tool, which seems to work – particularly as the installer would typically run with Administrative rights (UAC prompts) on Windows Vista and above. Can anyone shed light on why this tool is included in a supposedly trusted installer?”

The existence of a Chrome password dumping tool is certainly cause for alarm, especially if the software had been obtained from a less-than-official source, such as a torrent or similar site, given the potential for third-party pollution.

However, with the possibility of a nefarious third-party dumping something nasty in a pirate release still lurking on the horizon, things took an unexpected turn. FlightSimLabs chief Lefteris Kalamaras made a statement basically admitting that his company was behind the malware installation.

“We were made aware there is a Reddit thread started tonight regarding our latest installer and how a tool is included in it, that indiscriminately dumps Chrome passwords. That is not correct information – in fact, the Reddit thread was posted by a person who is not our customer and has somehow obtained our installer without purchasing,” Kalamaras wrote.

“[T]here are no tools used to reveal any sensitive information of any customer who has legitimately purchased our products. We all realize that you put a lot of trust in our products and this would be contrary to what we believe.

“There is a specific method used against specific serial numbers that have been identified as pirate copies and have been making the rounds on ThePirateBay, RuTracker and other such malicious sites,” he added.

In a nutshell, FlightSimLabs installed a password dumper onto ALL users’ machines, whether they were pirates or not, but then only activated the password-stealing module when it determined that specific ‘pirate’ serial numbers had been used which matched those on FlightSimLabs’ servers.

“Test.exe is part of the DRM and is only targeted against specific pirate copies of copyrighted software obtained illegally. That program is only extracted temporarily and is never under any circumstances used in legitimate copies of the product,” Kalamaras added.

That didn’t impress Luke Gorman, who published an analysis slamming the flight sim company for knowingly installing password-stealing malware on users machines, even those who purchased the title legitimately.

Password stealer in action (credit: Luke Gorman)

Making matters even worse, the FlightSimLabs chief went on to say that information being obtained from pirates’ machines in this manner is likely to be used in court or other legal processes.

“This method has already successfully provided information that we’re going to use in our ongoing legal battles against such criminals,” Kalamaras revealed.

While the use of the extracted passwords and usernames elsewhere will remain to be seen, it appears that FlightSimLabs has had a change of heart. With immediate effect, the company is pointing customers to a new installer that doesn’t include code for stealing their most sensitive data.

“I want to reiterate and reaffirm that we as a company and as flight simmers would never do anything to knowingly violate the trust that you have placed in us by not only buying our products but supporting them and FlightSimLabs,” Kalamaras said in an update.

“While the majority of our customers understand that the fight against piracy is a difficult and ongoing battle that sometimes requires drastic measures, we realize that a few of you were uncomfortable with this particular method which might be considered to be a bit heavy handed on our part. It is for this reason we have uploaded an updated installer that does not include the DRM check file in question.”

To be continued………

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Top 10 Most Pirated Movies of The Week on BitTorrent – 02/19/18

Post Syndicated from Ernesto original https://torrentfreak.com/top-10-pirated-movies-week-bittorrent-02-19-18/

This week we have four newcomers in our chart.

Justice League is the most downloaded movie.

The data for our weekly download chart is estimated by TorrentFreak, and is for informational and educational reference only. All the movies in the list are Web-DL/Webrip/HDRip/BDrip/DVDrip unless stated otherwise.

RSS feed for the weekly movie download chart.

This week’s most downloaded movies are:
Movie Rank Rank last week Movie name IMDb Rating / Trailer
Most downloaded movies via torrents
1 (7) Justice League 7.1 / trailer
2 (2) Thor Ragnarok 8.1 / trailer
3 (…) Pitch Perfect 3 6.2 / trailer
4 (1) Coco 8.9 / trailer
5 (4) The Shape of Water (DVDScr) 8.0 / trailer
6 (…) Three Billboards Outside Ebbing, Missouri 8.3 / trailer
7 (3) Daddy’s Home 2 6.0 / trailer
8 (…) Lady Bird 7.7 / trailer
9 (8) Blade Runner 2049 8.9 / trailer
10 (…) The Gateway 5.9 / trailer

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Sweden Considers Six Years in Jail For Online Pirates

Post Syndicated from Andy original https://torrentfreak.com/sweden-considers-six-years-in-jail-for-online-pirates-180218/

Ever since the infamous Pirate Bay trial more than a decade ago, prosecutors in Sweden have called for a tougher approach to breaches of copyright law. In general terms, the country has been painted as soft on infringement but that could all be about to change.

After reaching the conclusion that penalties in Sweden “appear to be low” when compared to those on the international stage, the government sought advice on how such crimes can be punished, not only more severely, but also in proportion to the alleged damage caused.

In response, Minister for Justice Heléne Fritzon received a report this week. It proposes a new tier of offenses with “special” punishments to tackle large-scale copyright infringement and “serious” trademark infringement.

Presented by Council of Justice member Dag Mattsson, the report envisions new criminal designations and crime being divided into two levels of seriousness.

“A person who has been found guilty of copyright infringement or trademark infringement of a normal grade may be sentenced to fines or imprisonment up to a maximum of two years,” the government notes.

“In cases of gross crimes, a person may be convicted of gross copyright infringement or gross trademark infringement and sent to prison for at least six months and not more than six years.”

Last year the Supreme Court found that although prison sentences can be handed down in such cases, there were no legislative indications that copyright infringement should be penalized via a term of imprisonment.

For an idea of the level of change, one only need refer to The Pirate Bay case, which would undoubtedly be considered as “gross infringement” under the new proposals.

Under the new rules, defendants Peter Sunde, Fredrik Neij and Carl Lundström would be sentenced to a minimum of six months and a maximum of six years. As things stood, with infringement being dealt with via fines or up to two years’ imprisonment, they were sentenced to prison terms of eight, ten and four months respectively.

Under the new proposals, damage to rightsholders and monetary gain by the defendant would be taken into account when assessing whether a crime is “gross” or not. This raises the question of whether someone sharing a single pre-release movie could be deemed a gross infringer even if no money was made.

Also of interest are proposals that would enable the state to confiscate all kinds of property, both physical items and more intangible assets such as domain names. This proposal is a clear nod towards the Pirate Bay case which dragged on for several years before the state was able to take over its thepiratebay.se domain.

“Today there is organized online piracy that has major consequences for the whole community,” Minister Fritzon said in a statement.

“Therefore, it is good that the punishments for these crimes have been reviewed, as the sentence will then be proportional to the seriousness of the crime.”

The legislative amendments are proposed to enter into force on July 1, 2019.

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Major US Sports Leagues Report Top Piracy Nations to Government

Post Syndicated from Ernesto original https://torrentfreak.com/major-us-sports-leagues-report-top-piracy-nations-to-government-180216/

While pirated Hollywood blockbusters often score the big headlines, there are several other industries that have been battling with piracy over the years. This includes sports organizations.

Many of the major US leagues including the NBA, NFL, NHL, MLB and the Tennis Association, are bundling their powers in the Sports Coalition, to try and curb the availability of pirated streams and videos.

A few days ago the Sports Coalition put the piracy problem on the agenda of the United States Trade Representative (USTR).

“Sports organizations, including Sports Coalition members, are heavily affected by live sports telecast piracy, including the unauthorized live retransmission of sports telecasts over the Internet,” the Sports Coalition wrote.

“The Internet piracy of live sports telecasts is not only a persistent problem, but also a global one, often involving bad actors in more than one nation.”

The USTR asked the public for comments on which countries play a central role in copyright infringement issues. In its response, the Sports Coalition stresses that piracy is a global issue but singles out several nations as particularly problematic.

The coalition recommends that the USTR should put the Netherlands and Switzerland on the “Priority Watch List” of its 2018 Special 301 Report, followed by Russia, Saudi Arabia, Seychelles and Sweden, which get a regular “Watch List” recommendation.

The main problem with these countries is that hosting providers and content distribution networks don’t do enough to curb piracy.

In the Netherlands, sawlive.tv, strikezoneme, wizlnet, AltusHost, Host Palace, Quasi Networks and SNEL pirated or provided services contributing to sports piracy, the coalition writes. In Switzerland, mlbstreamme, robinwidgetorg, strikeoutmobi, BlackHOST, Private Layer and Solar Communications are doing the same.

According to the major sports leagues, the US Government should encourage these countries to step up their anti-piracy game. This is not only important for US copyright holders, but also for licensees in other countries.

“Clearly, there is common ground – both in terms of shared economic interests and legal obligations to protect and enforce intellectual property and related rights – for the United States and the nations with which it engages in international trade to work cooperatively to stop Internet piracy of sports programming.”

Whether any of these countries will make it into the USTR’s final list has yet to be seen. For Switzerland it wouldn’t be the first time but for the Netherlands it would be new, although it has been considered before.

A document we received through a FOIA request earlier this year revealed that the US Embassy reached out to the Dutch Government in the past, to discuss similar complaints from the Sports Coalition.

The same document also revealed that local anti-piracy group BREIN consistently urged the entertainment industries it represents not to advocate placing the Netherlands on the 301 Watch List but to solve the problems behind the scenes instead.

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Court Orders Spanish ISPs to Block Pirate Sites For Hollywood

Post Syndicated from Andy original https://torrentfreak.com/court-orders-spanish-isps-to-block-pirate-sites-for-hollywood-180216/

Determined to reduce levels of piracy globally, Hollywood has become one of the main proponents of site-blocking on the planet. To date there have been multiple lawsuits in far-flung jurisdictions, with Europe one of the primary targets.

Following complaints from Disney, 20th Century Fox, Paramount, Sony, Universal and Warner, Spain has become one of the latest targets. According to the studios a pair of sites – HDFull.tv and Repelis.tv – infringe their copyrights on a grand scale and need to be slowed down by preventing users from accessing them.

HDFull is a platform that provides movies and TV shows in both Spanish and English. Almost 60% its traffic comes from Spain and after a huge surge in visitors last July, it’s now the 337th most popular site in the country according to Alexa. Visitors from Mexico, Argentina, United States and Chile make up the rest of its audience.

Repelis.tv is a similar streaming portal specializing in movies, mainly in Spanish. A third of the site’s visitors hail from Mexico with the remainder coming from Argentina, Columbia, Spain and Chile. In common with HDFull, Repelis has been building its visitor numbers quickly since 2017.

The studios demanding more blocks

With a ruling in hand from the European Court of Justice which determined that sites can be blocked on copyright infringement grounds, the studios asked the courts to issue an injunction against several local ISPs including Telefónica, Vodafone, Orange and Xfera. In an order handed down this week, Barcelona Commercial Court No. 6 sided with the studios and ordered the ISPs to begin blocking the sites.

“They damage the legitimate rights of those who own the films and series, which these pages illegally display and with which they profit illegally through the advertising revenues they generate,” a statement from the Spanish Federation of Cinematographic Distributors (FEDECINE) reads.

FEDECINE General director Estela Artacho said that changes in local law have helped to provide the studios with a new way to protect audiovisual content released in Spain.

“Thanks to the latest reform of the Civil Procedure Law, we have in this jurisdiction a new way to exercise different possibilities to protect our commercial film offering,” Artacho said.

“Those of us who are part of this industry work to make culture accessible and offer the best cinematographic experience in the best possible conditions, guaranteeing the continuity of the sector.”

The development was also welcomed by Stan McCoy, president of the Motion Picture Association’s EMEA division, which represents the plaintiffs in the case.

“We have just taken a welcome step which we consider crucial to face the problem of piracy in Spain,” McCoy said.

“These actions are necessary to maintain the sustainability of the creative community both in Spain and throughout Europe. We want to ensure that consumers enjoy the entertainment offer in a safe and secure environment.”

After gaining experience from blockades and subsequent circumvention in other regions, the studios seem better prepared to tackle fallout in Spain. In addition to blocking primary domains, the ruling handed down by the court this week also obliges ISPs to block any other domain, subdomain or IP address whose purpose is to facilitate access to the blocked platforms.

News of Spain’s ‘pirate’ blocks come on the heels of fresh developments in Germany, where this week a court ordered ISP Vodafone to block KinoX, one of the country’s most popular streaming portals.

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Pirates Crack Microsoft’s UWP Protection, Five Layers of DRM Defeated

Post Syndicated from Andy original https://torrentfreak.com/pirates-crack-microsofts-uwp-protection-five-layers-of-drm-defeated-180215/

As the image on the right shows, Microsoft’s Universal Windows Platform (UWP) is a system that enables software developers to create applications that can run across many devices.

“The Universal Windows Platform (UWP) is the app platform for Windows 10. You can develop apps for UWP with just one API set, one app package, and one store to reach all Windows 10 devices – PC, tablet, phone, Xbox, HoloLens, Surface Hub and more,” Microsoft explains.

While the benefits of such a system are immediately apparent, critics say that UWP gives Microsoft an awful lot of control, not least since UWP software must be distributed via the Windows Store with Microsoft taking a cut.

Or that was the plan, at least.

Last evening it became clear that the UWP system, previously believed to be uncrackable, had fallen to pirates. After being released on October 31, 2017, the somewhat underwhelming Zoo Tycoon Ultimate Animal Collection became the first victim at the hands of popular scene group, CODEX.

“This is the first scene release of a UWP (Universal Windows Platform) game. Therefore we would like to point out that it will of course only work on Windows 10. This particular game requires Windows 10 version 1607 or newer,” the group said in its release notes.

CODEX release notes

CODEX says it’s important that the game isn’t allowed to communicate with the Internet so the group advises users to block the game’s executable in their firewall.

While that’s not a particularly unusual instruction, CODEX did reveal that various layers of protection had to be bypassed to make the game work. They’re listed by the group as MSStore, UWP, EAppX, XBLive, and Arxan, the latter being an anti-tamper system.

“It’s the equivalent of Denuvo (without the DRM License part),” cracker Voksi previously explained. “It’s still bloats the executable with useless virtual machines that only slow down your game.”

Arxan features

Arxan’s marketing comes off as extremely confident but may need amending in light of yesterday’s developments.

“Arxan uses code protection against reverse-engineering, key and data protection to secure servers and fortification of game logic to stop the bad guys from tampering. Sorry hackers, game over,” the company’s marketing reads.

What is unclear at this stage is whether Zoo Tycoon Ultimate Animal Collection represents a typical UWP release or if some particular flaw allowed CODEX to take it apart. The possibility of additional releases is certainly a tantalizing one for pirates but how long they will have to wait is unknown.

Whatever the outcome, Arxan calling “game over” is perhaps a little premature under the circumstances but in this continuing arms race, they probably have another version of their anti-tamper tech up their sleeves…..

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‘Pirate’ Kodi Addon Devs & Distributors Told to Cease-and-Desist

Post Syndicated from Andy original https://torrentfreak.com/pirate-kodi-addon-devs-distributors-told-to-cease-and-desist-180214/

Last November, following a year of upheaval for third-party addon creators and distributors, yet more turmoil hit the community in the form of threats from the world’s most powerful anti-piracy coalition – the Alliance for Creativity and Entertainment (ACE).

Comprised of 30 companies including the studios of the MPAA, Amazon, Netflix, CBS, HBO, BBC, Sky, Bell Canada, CBS, Hulu, Lionsgate, Foxtel, Village Roadshow, and many more, ACE warned several developers to shut down – or else.

The letter: shut down – or else

Now it appears that ACE is on the warpath again, this time targeting a broader range of individuals involved in the Kodi addon scene, from developers and distributors to those involved in the production of how-to videos on YouTube.

The first report of action came from TVAddons, who noted that the lead developer at the Noobs and Nerds repository had been targeted with a cease-and-desist notice, adding that people from the site had been “visited at their homes.”

As seen in the image below, the Noobs and Nerds website is currently down. The site’s Twitter account has also been disabled.

Noobs and Nerds – gone

While TVAddons couldn’t precisely confirm the source of the threat, information gathered from individuals involved in the addon scene all point to the involvement of ACE.

In particular, a man known online as Teverz, who develops his own builds, runs a repo, and creates Kodi-themed YouTube videos, confirmed that ACE had been in touch.

An apparently unconcerned Teverz….

“I am not a dev so they really don’t scare me lmao,” he added.

Teverz claims to be from Canada and it appears that others in the country are also facing cease and desist notices. An individual known as Doggmatic, who also identifies as Canadian and has Kodi builds under his belt, says he too was targeted.

Another target in Canada

Doggmatic, who appears to be part of the Illuminati repo, says he had someone call the people who sent the cease-and-desist but like Teverz, he doesn’t seem overly concerned, at least for now.

“I have a legal representative calling them. The letters they sent aren’t legal documents. No lawyer signed them and no law firm mentioned,” Doggmatic said.

But the threats don’t stop there. Blamo, the developer of the Neptune Rising addon accessible from the Blamo repo, also claims to have been threatened.

SpinzTV, who offers unofficial Kodi builds and an associated repository, is also under the spotlight. Unlike his Canadian counterparts, he has already thrown in the towel, according to a short announcement on Twitter.

For SpinzTV it’s all over…

TorrentFreak contacted the Alliance for Creativity and Entertainment, asking them if they could confirm the actions and provide any additional details. At the time of publication they had no information for us but we’ll update if and when that comes in.

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Tickbox Must Remove Pirate Streaming Addons From Sold Devices

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Australian Government Launches Pirate Site-Blocking Review

Post Syndicated from Andy original https://torrentfreak.com/australian-government-launches-pirate-site-blocking-review-180214/

Following intense pressure from entertainment industry groups, in 2014 Australia began developing legislation which would allow ‘pirate’ sites to be blocked at the ISP level.

In March 2015 the Copyright Amendment (Online Infringement) Bill 2015 (pdf) was introduced to parliament and after just three months of consideration, the Australian Senate passed the legislation into law.

Soon after, copyright holders began preparing their first cases and in December 2016, the Australian Federal Court ordered dozens of local Internet service providers to block The Pirate Bay, Torrentz, TorrentHound, IsoHunt, SolarMovie, plus many proxy and mirror services.

Since then, more processes have been launched establishing site-blocking as a permanent fixture on the Aussie anti-piracy agenda. But with yet more applications for injunction looming on the horizon, how is the mechanism performing and does anything else need to be done to improve or amend it?

Those are the questions now being asked by the responsible department of the Australian Government via a consultation titled Review of Copyright Online Infringement Amendment. The review should’ve been carried out 18 months after the law’s introduction in 2015 but the department says that it delayed the consultation to let more evidence emerge.

“The Department of Communications and the Arts is seeking views from stakeholders on the questions put forward in this paper. The Department welcomes single, consolidated submissions from organizations or parties, capturing all views on the Copyright Amendment (Online Infringement) Act 2015 (Online Infringement Amendment),” the consultation paper begins.

The three key questions for response are as follows:

– How effective and efficient is the mechanism introduced by the Online Infringement Amendment?

– Is the application process working well for parties and are injunctions operating well, once granted?

– Are any amendments required to improve the operation of the Online Infringement Amendment?

Given the tendency for copyright holders to continuously demand more bang for their buck, it will perhaps come as a surprise that at least for now there is a level of consensus that the system is working as planned.

“Case law and survey data suggests the Online Infringement Amendment has enabled copyright owners to work with [Internet service providers] to reduce large-scale online copyright infringement. So far, it appears that copyright owners and [ISPs] find the current arrangement acceptable, clear and effective,” the paper reads.

Thus far under the legislation there have been four applications for injunctions through the Federal Court, notably against leading torrent indexes and browser-based streaming sites, which were both granted.

The other two processes, which began separately but will be heard together, at least in part, involve the recent trend of set-top box based streaming.

Village Roadshow, Disney, Universal, Warner Bros, Twentieth Century Fox, and Paramount are currently presenting their case to the Federal Court. Along with Hong Kong-based broadcaster Television Broadcasts Limited (TVB), which has a separate application, the companies have been told to put together quality evidence for an April 2018 hearing.

With these applications already in the pipeline, yet more are on the horizon. The paper notes that more applications are expected to reach the Federal Court shortly, with the Department of Communications monitoring to assess whether current arrangements are refined as additional applications are filed.

Thus far, however, steady progress appears to have been made. The paper cites various precedents established as a result of the blocking process including the use of landing pages to inform Internet users why sites are blocked and who is paying.

“Either a copyright owner or [ISP] can establish a landing page. If an [ISP] wishes to avoid the cost of its own landing page, it can redirect customers to one that the copyright owner would provide. Another precedent allocates responsibility for compliance costs. Cases to date have required copyright owners to pay all or a significant proportion of compliance costs,” the paper notes.

But perhaps the issue of most importance is whether site-blocking as a whole has had any effect on the levels of copyright infringement in Australia.

The Government says that research carried out by Kantar shows that downloading “fell slightly from 2015 to 2017” with a 5-10% decrease in individuals consuming unlicensed content across movies, music and television. It’s worth noting, however, that Netflix didn’t arrive on Australian shores until May 2015, just a month before the new legislation was passed.

Research commissioned by the Department of Communications and published a year later in 2016 (pdf) found that improved availability of legal streaming alternatives was the main contributor to falling infringement rates. In a juicy twist, the report also revealed that Aussie pirates were the entertainment industries’ best customers.

“The Department is aware that other factors — such as the increasing availability of television, music and film streaming services and of subscription gaming services — may also contribute to falling levels of copyright infringement,” the paper notes.

Submissions to the consultation (pdf) are invited by 5.00 pm AEST on Friday 16 March 2018 via the government’s website.

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EFF Urges US Copyright Office To Reject Proactive ‘Piracy’ Filters

Post Syndicated from Andy original https://torrentfreak.com/eff-urges-us-copyright-office-to-reject-proactive-piracy-filters-180213/

Faced with millions of individuals consuming unlicensed audiovisual content from a variety of sources, entertainment industry groups have been seeking solutions closer to the roots of the problem.

As widespread site-blocking attempts to tackle ‘pirate’ sites in the background, greater attention has turned to legal platforms that host both licensed and unlicensed content.

Under current legislation, these sites and services can do business relatively comfortably due to the so-called safe harbor provisions of the US Digital Millennium Copyright Act (DMCA) and the European Union Copyright Directive (EUCD).

Both sets of legislation ensure that Internet platforms can avoid being held liable for the actions of others provided they themselves address infringement when they are made aware of specific problems. If a video hosting site has a copy of an unlicensed movie uploaded by a user, for example, it must be removed within a reasonable timeframe upon request from the copyright holder.

However, in both the US and EU there is mounting pressure to make it more difficult for online services to achieve ‘safe harbor’ protections.

Entertainment industry groups believe that platforms use the law to turn a blind eye to infringing content uploaded by users, content that is often monetized before being taken down. With this in mind, copyright holders on both sides of the Atlantic are pressing for more proactive regimes, ones that will see Internet platforms install filtering mechanisms to spot and discard infringing content before it can reach the public.

While such a system would be welcomed by rightsholders, Internet companies are fearful of a future in which they could be held more liable for the infringements of others. They’re supported by the EFF, who yesterday presented a petition to the US Copyright Office urging caution over potential changes to the DMCA.

“As Internet users, website owners, and online entrepreneurs, we urge you to preserve and strengthen the Digital Millennium Copyright Act safe harbors for Internet service providers,” the EFF writes.

“The DMCA safe harbors are key to keeping the Internet open to all. They allow anyone to launch a website, app, or other service without fear of crippling liability for copyright infringement by users.”

It is clear that pressure to introduce mandatory filtering is a concern to the EFF. Filters are blunt instruments that cannot fathom the intricacies of fair use and are liable to stifle free speech and stymie innovation, they argue.

“Major media and entertainment companies and their surrogates want Congress to replace today’s DMCA with a new law that would require websites and Internet services to use automated filtering to enforce copyrights.

“Systems like these, no matter how sophisticated, cannot accurately determine the copyright status of a work, nor whether a use is licensed, a fair use, or otherwise non-infringing. Simply put, automated filters censor lawful and important speech,” the EFF warns.

While its introduction was voluntary and doesn’t affect the company’s safe harbor protections, YouTube already has its own content filtering system in place.

ContentID is able to detect the nature of some content uploaded by users and give copyright holders a chance to remove or monetize it. The company says that the majority of copyright disputes are now handled by ContentID but the system is not perfect and mistakes are regularly flagged by users and mentioned in the media.

However, ContentID was also very expensive to implement so expecting smaller companies to deploy something similar on much more limited budgets could be a burden too far, the EFF warns.

“What’s more, even deeply flawed filters are prohibitively expensive for all but the largest Internet services. Requiring all websites to implement filtering would reinforce the market power wielded by today’s large Internet services and allow them to stifle competition. We urge you to preserve effective, usable DMCA safe harbors, and encourage Congress to do the same,” the EFF notes.

The same arguments, for and against, are currently raging in Europe where the EU Commission proposed mandatory upload filtering in 2016. Since then, opposition to the proposals has been fierce, with warnings of potential human rights breaches and conflicts with existing copyright law.

Back in the US, there are additional requirements for a provider to qualify for safe harbor, including having a named designated agent tasked with receiving copyright infringement notifications. This person’s name must be listed on a platform’s website and submitted to the US Copyright Office, which maintains a centralized online directory of designated agents’ contact information.

Under new rules, agents must be re-registered with the Copyright Office every three years, despite that not being a requirement under the DMCA. The EFF is concerned that by simply failing to re-register an agent, an otherwise responsible website could lose its safe harbor protections, even if the agent’s details have remained the same.

“We’re concerned that the new requirement will particularly disadvantage small and nonprofit websites. We ask you to reconsider this rule,” the EFF concludes.

The EFF’s letter to the Copyright Office can be found here.

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Pirate Streaming Search Engine Exploits Crunchyroll Vulnerability

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-streaming-search-engine-exploits-crunchyroll-vulnerability-180213/

With 20 million members around the world, Crunchyroll is one of the largest on-demand streaming platforms for anime and manga content.

Much like Hollywood, the site has competition from pirate streaming sites which offer their content without permission. These usually stream pirated videos which are hosted on external sites.

However, this week Crunchyroll is facing a more direct attack. The people behind the new streaming meta-search engine StreamCR say they’ve found a way to stream the site’s content from its own servers, without paying.

“This works due to a vulnerability in the Crunchyroll system,” StreamCR’s operators tell TorrentFreak.

Simply put, StreamCR uses an active Crunchyroll account to locate the video streams and embeds this on its own website. This allows people to access Crunchyroll videos in the best quality without paying.

“This gives access to the full library in the region of our server, retrieving it as long as we’re not bound by the regular regional restriction. For this, we pick a US server as American Crunchyroll has the most library of content.

Stream in various qualities

The exploit was developed in-house, the StreamCR team informs us. While it works fine at the moment the team realizes that this may not last forever, as Crunchyroll might eventually patch the vulnerability.

However, the meta-search engine will have made its point by then.

“We expect them to fix this, Why wouldn’t they? In the meantime, this can demonstrate how vulnerable Crunchyroll is at the moment,” they tell us.

The site’s ultimate plan is to become the go-to search engine for people looking to stream all kinds of pirated videos. In addition to Crunchyroll, StreamCR also indexes various pirate sites, including YesMovies, Gomovies, and 9anime.

“StreamCR’s goal is to let people access streams with ease from a universal site, we’re trying to have a Google-like experience for finding online streams,” they say.

TorrentFreak reached out to Crunchyroll asking for a comment on the issue, but at the time of publication, we have yet to hear back.

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