Tag Archives: pirates

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…..

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

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.

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

US Online Piracy Lawsuits Skyrocket in the New Year

Post Syndicated from Ernesto original https://torrentfreak.com/u-s-online-piracy-lawsuits-skyrocket-in-the-new-year-180211/

Since the turn of the last decade, numerous people have been sued for illegal file-sharing in US courts.

Initially, these lawsuits targeted hundreds or thousands of BitTorrent users per case, but this practice has been rooted out since. Now, most file-sharing cases target a single person, up to a dozen or two at most.

While there may be fewer defendants, there are still plenty of lawsuits filed every month. These generally come from a small group of companies, regularly referred to as “copyright trolls,” who are looking to settle with the alleged pirates.

According to Lex Machina, there were 1,019 file-sharing cases filed in the United States last year, which is an average of 85 per month. More than half of these came from adult entertainment outfit Malibu Media (X-Art), which alone was good for 550 lawsuits.

While those are decent numbers, they could easily be shattered this year. Data collected by TorrentFreak shows that during the first month of 2018, three copyright holders filed a total of 286 lawsuits against alleged pirates. That’s three times more than the monthly average for 2017.

As expected, Malibu Media takes the crown with 138 lawsuits, but not by a large margin. Strike 3 Holdings, which distributes its adult videos via the Blacked, Tushy, and Vixen websites, comes in second place with 133 cases.

Some Malibu Media cases

While Strike 3 Holdings is a relative newcomer, their cases follow a similar pattern. There are also clear links to Malibu Media, as one of the company’s former lawyers, Emilie Kennedy, now works as in-house counsel at Strike 3.

The only non-adult copyright holder that filed cases against alleged BitTorrent pirates was Bodyguard Productions. The company filed 15 cases against downloaders of The Hitman’s Bodyguard, totaling a few dozen defendants.

While these numbers are significant, it’s hard to predict whether the increase will persist. Lawsuits targeted at BitTorrent users often come in waves, and the same companies that flooded the courts with cases last month could easily take a break the next.

While copyright holders have every right to go after people who share their work without permission, these type of cases are not without controversy.

Several judges have referred used strong terms including “harassment,” to describe some of the tactics that are used, and the IP-address evidence is not always trusted either.

That said, there’s no evidence that Malibu Media and others are done yet.

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

The Early Days of Mass Internet Piracy Were Awesome Yet Awful

Post Syndicated from Andy original https://torrentfreak.com/the-early-days-of-mass-internet-piracy-were-awesome-yet-awful-180211/

While Napster certainly put the digital cats among the pigeons in 1999, the organized chaos of mass Internet file-sharing couldn’t be truly appreciated until the advent of decentralized P2P networks a year or so later.

In the blink of an eye, everyone with a “shared folder” client became both a consumer and publisher, sucking in files from strangers and sharing them with like-minded individuals all around the planet. While today’s piracy narrative is all about theft and danger, in the early 2000s the sharing community felt more like distant friends who hadn’t met, quietly trading cards together.

Satisfying to millions, those who really engaged found shared folder sharing a real adrenaline buzz, as English comedian Seann Walsh noted on Conan this week.

“Click. 20th Century Fox comes up. No pixels. No shaky cam. No silhouettes of heads at the bottom of the screen, people coming in five minutes late. None of that,” Walsh said, recalling his experience of downloading X-Men 2 (X2) from LimeWire.

“We thought: ‘We’ve done it!!’ This was incredible! We were going to have to go to the cinema. We weren’t going to have to wait for the film to come out on video. We weren’t going to have to WALK to blockbuster!”

But while the nostalgia has an air of magic about it, Walsh’s take on the piracy experience is bittersweet. While obtaining X2 without having to trudge to a video store was a revelation, there were plenty of drawbacks too.

Downloading the pirate copy took a week, which pre-BitTorrent wasn’t a completely bad result but still a considerable commitment. There were also serious problems with quality control.

“20th Century fades, X Men 2 comes up. We’ve done it! We’re not taking it for granted – we’re actually hugging. Yes! Yes! We’ve done it! This is the future! We look at the screen, Wolverine turns round…,” …..and Walsh launches into a broadside of pseudo-German babble, mimicking the unexpectedly-dubbed superhero.

After a week of downloading and getting a quality picture on launch, that is a punch in the gut, to say the least. Arguably no less than a pirate deserves, some will argue, but a fat lip nonetheless, and one many a pirate has suffered over the years. Nevertheless, as Walsh notes, it’s a pain that kids in 2018 simply cannot comprehend.

“Children today are living the childhood I dreamed of. If they want to hear a song – touch – they stream it. They’ve got it now. Bang. Instantly. They don’t know the pain of LimeWire.

“Start downloading a song, go to school, come back. HOPE that it’d finished! That download bar messing with you. Four minutes left…..nine HOURS and 28 minutes left? Thirty seconds left…..52 hours and 38 minutes left? JUST TELL ME THE TRUTH!!!!!” Walsh pleaded.

While this might sound comical now, this was the reality of people downloading from clients such as LimeWire and Kazaa. While X2 in German would’ve been torture for a non-German speaker, the misery of watching an English language copy of 28 Days Later somehow crammed into a 30Mb file is right up there too.

Mislabeled music with microscopic bitrates? That was pretty much standard.

But against the odds, these frankly second-rate experiences still managed to capture the hearts and minds of the digitally minded. People were prepared to put up with nonsense and regular disappointment in order to consume content in a way fit for the 21st century. Yet somehow the combined might of the entertainment industries couldn’t come up with anything substantially better for a number of years.

Of course, broadband availability and penetration played its part but looking back, something could have been done. Not only didn’t the Internet’s popularity come as a surprise, people’s expectations were dramatically lower than they are today too. In any event, beating the pirates should have been child’s play. After all, it was just regular people sharing files in a Windows folder.

Any fool could do it – and millions did. Surprisingly, they have proven unstoppable.

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

Comcast Explains How It Deals With Persistent Pirates

Post Syndicated from Ernesto original https://torrentfreak.com/comcast-explains-how-it-deals-with-persistent-pirates-180210/

Dating back to the turn of the last century, copyright holders have alerted Internet providers about alleged copyright infringers on their network.

While many ISPs forwarded these notices to their subscribers, most were not very forthcoming about what would happen after multiple accusations.

This vagueness was in part shaped by law. While it’s clear that the DMCA requires Internet providers to implement a meaningful “repeat infringer” policy, the DMCA doesn’t set any clear boundaries on what constitutes a repeat infringer and when one should be punished.

With the recent Fourth Circuit Court of Appeals ruling against Cox, it is now clear that “infringers” doesn’t imply people who are adjudicated, valid accusations from copyright holders are enough. However, an ISP still has some flexibility when it comes to the rest of its “repeat infringer” policy.

In this light, it’s interesting to see that Comcast recently published details of its repeat infringer policy online. While the ISP has previously confirmed that persistent pirates could be terminated, it has never publicly spelled out its policy in such detail.

First up, Comcast clarifies that subscribers to its Xfinity service can be flagged based on reports from rightsholders alone, which is in line with the Fourth Circuit ruling.

“Any infringement of third party copyright rights violates the law. We reserve the right to treat any customer account for whom we receive multiple DMCA notifications from content owners as a repeat infringer,” the company notes.

If Comcast receives multiple notices in a calendar month, the associated subscriber moves from one policy step to the next one. This means that the ISP will issue warnings with increased visibility.

These alerts can come in the form of emails, letters to a home address, text messages, phone calls, and also alerts sent to the subscriber’s web browser. The alerts then have to be acknowledged by the user, so it clear that he or she understands what’s at stake.

From Comcast’s repeat infringer policy

Comcast doesn’t state specifically how many alerts will trigger tougher action, but it stresses that repeat infringers risk having their accounts suspended. As a result, all devices that rely on Internet access will be interrupted or stop working.

“If your XFINITY Internet account is suspended, you will have no Internet access or service during suspension. This means any services and devices that use the Internet will not properly work or will not work at all,” Comcast states.

The suspension is applied as a last warning before the lights go out completely. Subscribers who reach this stage can still reinstate their Internet connectivity by calling Comcast. It’s unclear whether they have to take any additional action, but it could be that these subscribers have to ‘promise’ to behave.

After this last warning, the subscriber risks the most severe penalty, account termination. This is not limited to regular access to the web, but also affects XFINITY TV, XFINITY Voice, and XFINITY Home, including smart thermostats and home security equipment.

“If you reach the point of service termination, we will terminate your XFINITY Internet service and related add-ons. Unreturned equipment charges will still apply. If you also have XFINITY TV and/or XFINITY Voice services, they will also be terminated,” Comcast warns.

Comcast doesn’t specify how long the Internet termination lasts but the company states that it’s typically no less than 180 days. This means that terminated subscribers will need to find an Internet subscription elsewhere if one’s available.

The good news is that other XFINITY services can be restored after termination, without Internet access. Subscribers will have to contact Comcast to request a quote for an Internet-less package.

While this policy may sound harsh to some, Comcast has few other options if it wants to avoid liability. The good news is that the company requires users to acknowledge the warnings, which means that any measures shouldn’t come as a surprise.

There is no mention of any option to contest any copyright holder notices, which may become an issue in the future. After all, when copyright holders have the power to have people’s Internet connections terminated, their accusations have to be spot on.



Comcast’s repeat infringer policy is available here and was, according to the information we have available, quietly published around December last year.

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

Rightscorp Has a Massive Database of ‘Repeat Infringers’ to Pursue

Post Syndicated from Ernesto original https://torrentfreak.com/rightscorp-has-a-massive-database-of-repeat-infringers-to-pursue-180208/

Last week the Fourth Circuit Court of Appeals ruled that ISPs are required to terminate ‘repeat infringers’ based on allegations from copyright holders alone, a topic that has been contested for years.

This means that copyright holders now have a bigger incentive to send takedown notices, as ISPs can’t easily ignore them. That’s music to the ears of the various piracy tracking companies, Rightscorp included.

The piracy monetization company always maintained that multiple complaints from copyright holders are enough to classify someone as a repeat infringer, without a court order, and the Fourth Circuit has now reached the same conclusion.

“After years of uncertainty on these issues, it is gratifying for the US Court of Appeals to proclaim the law on ISP liability for subscriber infringements to be essentially what Rightscorp has always said it is,” Rightscorp President Christopher Sabec says.

Rightscorp is pleased to see that the court shares its opinion since the verdict also provides new business opportunities. The company informs TorrentFreak that it’s ready to help copyright holders to hold ISPs responsible.

“Rightscorp has always stood with content holders who wish to protect their rights against ISPs that are not taking action against repeat infringers,” Sabec tells us.

“Now, with the law addressing ISP liability for subscriber infringements finally sharpened and clarified at the appellate level, we are ready to support all efforts by rights holders to compel ISPs to abide by their responsibilities under the DMCA.”

The piracy tracking company has a treasure trove of piracy data at its disposal to issue takedown requests or back lawsuits. Over the past five years, it amassed nearly a billion “records” of copyright infringements.

“Rightscorp’s data records include no less the 969,653,557 infringements over the last five years,” Sabec says.

This number includes a lot of repeat infringers, obviously. It’s made up of IP-addresses downloading the same file on several occasions and/or multiple files over time.

While it’s unlikely that account holders will be disconnected based on infringements that happened years ago, this type of historical data can be used in court cases. Rightscorp’s infringement notices are the basis of the legal action against Cox, and are being used as evidence in a separate RIAA case against ISP Grande communications as well.

Grande previously said that it refused to act on Rightcorp’s notices because it doubts their accuracy, but the tracking company contests this. That case is still ongoing and a final decision has yet to be reached.

For now, however, Rightcorp is marketing its hundreds of thousands of recorded copyright infringements as an opportunity for rightsholders. And for a company that can use some extra cash in hand, that’s good news.

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

Cloudflare Terminates Service to Sci-Hub Domain Names

Post Syndicated from Ernesto original https://torrentfreak.com/cloudflare-terminates-service-to-sci-hub-domain-names-180205/

While Sci-Hub is praised by thousands of researchers and academics around the world, copyright holders are doing everything in their power to wipe the site from the web.

Following a $15 million defeat against Elsevier last June, the American Chemical Society (ACS) won a default judgment of $4.8 million in copyright damages a few months later.

The publisher was further granted a broad injunction, requiring various third-party services to stop providing access to the site. This includes domain registries, hosting companies and search engines.

Soon after the order was signed, several of Sci-Hub’s domain names became unreachable as domain registries complied with the court order. This resulted in a domain name whack-a-mole, but all this time Sci-Hub remained available.

Last weekend another problem appeared for Sci-Hub. This time ACS went after CDN provider Cloudflare, which informed the site that a court order requires the company to disconnect several domain names.

“Cloudflare has received the attached court order, Case 1:17-cv-OO726-LMB-JFA,” the company writes. “Cloudflare will terminate your service for the following domains sci-hub.la, sci-hub.tv, and sci-hub.tw by disabling our authoritative DNS in 24 hours.”

According to Sci-Hub’s operator, losing access to Cloudflare is not “critical,” but it may “cause a short pause in website operation.”

Sci-Hub’s Cloudflare tweet

Cloudflare’s actions are significant because the company previously protested a similar order. When the RIAA used the permanent injunction in the MP3Skull case to compel Cloudflare to disconnect the site, the CDN provider refused.

The RIAA argued that Cloudflare was operating “in active concert or participation” with the pirates. The CDN provider objected, but the court eventually ordered Cloudflare to take action, although it did not rule on the “active concert or participation” part.

In the Sci-Hub case “active concert or participation” is also a requirement for the injunction to apply. While it specifically mentions ISPs and search engines, ACS Director Glenn Ruskin previously stressed that companies won’t be targeted for simply linking users to Sci-Hub.

“The court’s affirmative ruling does not apply to search engines writ large, but only to those entities who have been in active concert or participation with Sci-Hub, such as websites that host ACS content stolen by Sci-Hub,” Ruskin told us at the time.

Cloudflare does more than linking of course, but the company doesn’t see itself as a web hosting service either. While it still may not agree with the “active concert” classification, there’s no evidence that Cloudflare objected in court this time.

As for Sci-Hub, they have to look elsewhere if they want another CDN provider. For now, however, the site remains widely available.

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

Appeals Court Throws Out $25 Million Piracy Verdict Against Cox, Doesn’t Reinstate “Safe Harbor”

Post Syndicated from Ernesto original https://torrentfreak.com/appeals-court-throws-out-25-million-piracy-verdict-against-cox-doesnt-reinstate-safe-harbor-180201/

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

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

Cox swiftly filed its appeal arguing that the District Court made several errors in the jury instructions. In addition, it asked for a clarification of the term “repeat infringer” in its favor.

Today the Court of Appeals for the Fourth Circuit ruled on the matter in a mixed decision which could have great consequences.

The Court ruled that the District Court indeed made a mistake in its jury instruction. Specifically, it said that the ISP could be found liable for contributory infringement if it “knew or should have known of such infringing activity.” The Court of Appeals agrees that based on the law, the “should have known” standard is too low.

When this is the case the appeals court can call for a new trial, and that is exactly what it did. This means that the $25 million verdict is off the table, and the same is true for the millions in attorney’s fees and costs BMG was previously granted.

It’s not all good news for Cox though. The most crucial matter in the case is whether Cox has safe harbor protection under the DMCA. In order to qualify, the company is required to terminate accounts of repeat infringers, when appropriate.

Cox argued that subscribers can only be seen as repeat infringers if they’ve been previously adjudicated in court, not if they merely received several takedown notices. This was still an open question, as the term repeat infringer is not clearly defined in the DMCA.

Today, however, the appeals court is pretty clear on the matter. According to Judge Motz’s opinion, shared by HWR, the language of the DMCA suggests that the term “infringer” is not limited to adjudicated infringers.

This is supported by legislative history as the House Commerce and Senate Judiciary Committee Reports both explained that “those who repeatedly or flagrantly abuse their access to the Internet through disrespect for the intellectual property rights of others should know that there is a realistic threat of losing that access.”

“The passage does not suggest that they should risk losing Internet access only once they have been sued in court and found liable for multiple instances of infringement,” Judge Motz writes in her opinion.

Losing Internet access would hardly be a “realistic threat” that would stop someone from pirating if he or she has already been punished several times in court, the argument goes.

This leads the Court of Appeals to conclude that the District Court was right: Cox is not entitled to safe harbor protection because it failed to implement a meaningful repeat infringer policy.

“Cox failed to qualify for the DMCA safe harbor because it failed to implement its policy in any consistent or meaningful way — leaving it essentially with no policy,” Judge Motz writes.

This means that, while Cox gets a new trial, it is still at a severe disadvantage. Not only that, the Court of Appeals interpretation of the repeat infringer question is also a clear signal to other Internet service providers to disconnect pirates based on repeated copyright holder complaints.

Judge Motz’s full opinion is available here (pdf).

Cloudflare is Liable For Pirate Sites & Has No Safe Harbor, Publisher Says

Post Syndicated from Ernesto original https://torrentfreak.com/cloudflare-is-liable-for-pirate-sites-and-has-no-safe-harbor-publisher-says-180201/

As one of the leading CDN and DDoS protection services, Cloudflare is used by millions of websites across the globe.

This includes thousands of “pirate” sites, including the likes of The Pirate Bay, which rely on the U.S.-based company to keep server loads down.

Many rightsholders have complained about Cloudflare’s involvement with these sites and last year adult entertainment publisher ALS Scan took it a step further by dragging the company to court.

ALS accused the CDN service of various types of copyright and trademark infringement, noting that several customers used the Cloudflare’s servers to distribute pirated content. While Cloudflare managed to have several counts dismissed, the accusation of contributory copyright infringement remains.

An upcoming trial could determine whether Cloudflare is liable or not, but ALS believes that this isn’t needed. This week, the publisher filed a request for partial summary judgment, asking the court to rule over the matter in advance of a trial.

“The evidence is undisputed,” ALS writes. “Cloudflare materially assists website operators in reproduction, distribution and display of copyrighted works, including infringing copies of ALS works. Cloudflare also masks information about pirate sites and their hosts.”

ALS anticipates that Cloudflare may argue that the company or its clients are protected by the DMCA’s safe harbor provision, but contests this claim. The publisher notes that none of the customers registered the required paperwork at the US Copyright Office.

“Cloudflare may say that the Cloudflare Customer Sites are themselves service providers entitled to DMCA protections, however, none have qualified for safe harbors by submitting the required notices to the US Copyright Office.”

Cloudflare itself has no safe harbor protection either, they argue, because it operates differently than a service provider as defined in the DMCA. It’s a “smart system” which also modifies content, instead of a “dumb pipe,” they claim.

In addition, the CDN provider is accused of failing to implement a reasonable policy that will terminate repeat offenders.

“Cloudflare has no available safe harbors. Even if any safe harbors apply, Cloudflare has lost such safe harbors for failure to adopt and reasonably implement a policy including termination of repeat infringers,” ALS writes.

Previously, the court clarified that under U.S. law the company can be held liable for caching content of copyright infringing websites. Cloudflare’s “infrastructure-level caching” cannot be seen as fair use, it ruled.

ALS now asks the court to issue a partial summary judgment ruling that Cloudflare is liable for contributory copyright infringement. If this motion is granted, a trial would only be needed to establish the damages amount.

The lawsuit is a crucial matter for Cloudflare, and not only because of the potential damages it faces in this case. If Cloudflare loses, other rightsholders are likely to make similar demands, forcing the company to actively police potential pirate sites.

Cloudflare will undoubtedly counter ALS’ claims in a future filing, so this case is far from over.

A copy of ALS Scan’s memorandum in support of the motion for partial summary judgment can be found here (pdf).

Despite Protests, ISP Ordered To Hand Over Pirates’ Details to Police

Post Syndicated from Andy original https://torrentfreak.com/despite-protests-isp-ordered-to-hand-over-pirates-details-to-police-180201/

As large ISPs become more closely aligned with the entertainment industries, the days of providers strongly standing up to blocking and disclosure requests appear to be on the decline. For Swedish ISP Bahnhof, however, customer privacy has become a business model.

In recent years the company has been a major opponent of data retention requirement, launched a free VPN to protect its users’ privacy, and put on a determined front against the threat of copyright trolls.

Back in May 2016, Bahnhof reiterated its stance that it doesn’t hand over the personal details of alleged pirates to anyone, not even the police. This, despite the fact that the greatest number of disclosure requests from the authorities relate to copyright infringement.

Bahnhof insisted that European privacy regulations mean that it only has to hand over information to the police if the complaint relates to a serious crime. But that went against a recommendation from the Swedish Post and Telecom Authority (PTS).

Now, however, the battle to protect customer privacy has received a significant setback after the Administrative Court in Stockholm found that Swedish provisions on disclosure of subscription data to law enforcement agencies do not contravene EU law.

“PTS asked Bahnhof to provide information on subscribers to law enforcement agencies. Bahnhof appealed against the order, claiming that the Swedish rules on disclosure of subscription information are incompatible with EU law,” the Court said in a statement.

“In support of its view, Bahnhof referred to two rulings of the European Court of Justice. The Administrative Court has held that it is not possible to state that the Swedish rules on law enforcement agencies’ access to subscription data are incompatible with EU law.”

The Court also looked at whether Swedish rules on disclosure of subscriber data meet the requirement of proportionality under EU law. In common with many other copyright-related cases, the Court found that law enforcement’s need to access subscriber data was more important than the individual’s right to privacy.

“In light of this, the Administrative Court has made the assessment that PTS’s decision to impose on Bahnhof a requirement to provide information about subscribers to law enforcement authorities is correct,” the Court adds.

PTS will now be able to instruct Bahnhof to disclose subscriber information in accordance with the provisions of the Electronic Communications Act and the ISP will be required to comply.

But as far as Bahnhof is concerned, the show isn’t over yet.

“We believe the sentence is incorrect, but it is also difficult to take PTS seriously when they can not even interpret the laws behind the decision in a consistent manner. We are of course going to appeal,” the company said in a statement.

To illustrate its point, Bahnhof says that PTS has changed its opinion on the importance of IP addresses in a matter of months. In October 2017, PTS lawyer Staffan Lindmark said he believed that IP addresses are to be regarded as privacy-sensitive data. In January 2018, however, PTS is said to have spoken of the same data in more trivial terms.

“That a supervisory authority pivots so much in its opinions is remarkable,” says Jon Karlung, President of the Bahnhof.

“Bahnhof is not in any way against law enforcement agencies, but we believe that sensitive data should only be released after judicial review and suspected crime.”

Bahnhof says it will save as little data on its customers as it can and IP addresses will be deleted within 24 hours, a practice that has been in place for some time.

In 2016, 27.5% of all disclosure requests sent to Bahnhof were related to online file-sharing, more than any other crime including grooming minors, harassment, sex crimes, forgery, and fraud.

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Tor Exit Node Operator Denies Piracy Allegations and Hits Back

Post Syndicated from Ernesto original https://torrentfreak.com/tor-exit-node-operator-denies-piracy-allegations-and-hits-back-180127/

The copyright holders of Dallas Buyers Club have sued thousands of BitTorrent users over the past few years.

The film company first obtains the identity of the Internet account holder believed to have pirated the movie, after which most cases are settled behind closed doors.

It doesn’t always go this easily though. A lawsuit in an Oregon federal court has been ongoing for nearly three years but in this case the defendant was running a Tor exit node, which complicates matters.

Tor is an anonymity tool and operating a relay or exit point basically means that the traffic of hundreds or thousands of users hit the Internet from your IP-address. When pirates use Tor, it will then appear as if the traffic comes from this connection.

The defendant in this lawsuit, John Huszar, has repeatedly denied that he personally downloaded a pirated copy of the film. However, he is now facing substantial damages because he failed to respond to a request for admissions, which stated that he distributed the film.

Not responding to such an admission means that the court can assume the statement is true.

“An admission, even an admission deemed admitted because of a failure to respond, is binding on the party at trial,” Dallas Buyers Club noted in a recent filing, demanding a summary judgment.

The unanswered admissions

Huszar was represented by various attorneys over the course of the lawsuit, but when the admissions were “deemed admitted” he was unrepresented and in poor health.

According to his lawyer, Ballas Buyers Club is using this to obtain a ruling in its favor. The film company argues that the Tor exit node operator admitted willful infringement, which could cost him up to $150,000 in damages.

The admissions present a serious problem. However, even if they’re taken as truth, they are not solid proof, according to the defense. For example, the portion of the film could have just been a trailer.

In addition, the defense responds with several damaging accusations of its own.

According to Huszar’s lawyer, it is unclear whether Dallas Buyers Club LLC has the proper copyrights to sue his client. In previous court cases in Australia and Texas, this ownership was put in doubt.

“In the case at bar, because of facts established in other courts, there is a genuine issue as to whether or not DBC owns the right to sue for copyright infringement,” the defense writes.

As licensing constructions can be quite complex, this isn’t unthinkable. Just last week another U.S. District Court judge told the self-proclaimed owners of the movie Fathers & Daughters that they didn’t have the proper rights to take an alleged pirate to trial.

Another issue highlighted by the defense is the reliability of witnesses Daniel Macek and Ben Perino. Both men are connected to the BitTorrent tracking outfit MaverickEye, and are not without controversy, as reported previously.

“[B]oth parties have previously been found to lack the qualifications, experience, education, and licenses to offer such forensic or expert testimony,” the defense writes, citing a recent case.

Finally, the defense also highlights that given the fact that Huszar operated a Tor exit-node, anyone could have downloaded the film.

The defense, therefore, asks the court to deny Dallas Buyers Club’s motion for summary judgment, or at least allow the defendant to conduct additional discovery to get to the bottom of the copyright ownership issue.

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Movie Industry Hides Anti-Piracy Messages in ‘Pirate’ Subtitles

Post Syndicated from Andy original https://torrentfreak.com/movie-industry-hides-anti-piracy-messages-in-pirate-subtitles-180125/

Anti-piracy campaigns come in all shapes and sizes, from oppressive and scary to the optimistically educational. It is rare for any to be labeled ‘brilliant’ but a campaign just revealed in Belgium hits really close to the mark.

According to an announcement by the Belgian Entertainment Association (BEA), Belgian Federation of Cinemas, together with film producers and distributors, cinemas and directors, a brand new campaign has been targeting those who download content from illegal sources. It is particularly innovative and manages to hit pirates in a way they can’t easily avoid.

Working on the premise that many locals download English language movies and then augment them with local language subtitles, a fiendish plot was hatched. Instead of a generic preaching video on YouTube or elsewhere, the movie companies decided to ‘infect’ pirate subtitles with messages of their own.

“Suddenly the story gets a surprising turn. With a playful wink it suddenly seems as if Samuel L. Jackson in The Hitman’s Bodyguard directly appeals to the illegal viewer and says that you should not download,” the group explains.

Samuel is watching…..

>

“I do not need any research to see that these are bad subtitles,” Jackson informs the viewer.

In another scene with Ryan Reynolds, Jackson notes that illegal downloading can have a negative effect on a person.

Don’t download…..

Don’t download…..

“And you wanted to become a policeman, until you started downloading,” he says.

The movie groups say that they also planted edited subtitles in The Bridge, with police officers in the show noting they’re on the trail of illegal downloaders. The movies Logan Lucky and The Foreigner got similar treatment.

It’s not clear on which sites these modified subtitles were distributed but according to the companies involved, they’ve been downloaded 10,000 times already.

“The viewer not only feels caught but immediately realizes that you do not necessarily get a real quality product through illegal sources,” the companies say.

The campaign is the work of advertising agency TBWA, which appropriately bills itself as the Disruption Company.

“We are not a traditional ad agency network — we are a radically open creative collective. We look at what everyone else is doing and strive to do something completely new,” the company says.

Coincidentally, the company refers to its staff as pirates who rewrite rules and have ideas to take on “conventionally-steered ships.”

“As creative director of communication agency TBWA, protecting creative work is very important to us,” says TBWA Creative Director Gert Pauwels. “That is precisely why we came up with the subtle prank to work together with the sector to tackle illegal downloading.”

Although framed as a joke, one which may even raise a wry smile and a nod of respect from some pirates, there’s an underlying serious message from the companies involved.

“Maybe many think that everything is possible on the internet and that downloading will remain without consequences,” says Pieter Swaelens, Managing Director of BEA. “That is not the case. Here too, many jobs are being challenged in Belgium and we have to tackle this behavior.”

It’s also worth noting that while this campaign is both innovative and light-hearted, at least one of the companies involved is also a supporter of much tougher action.

Dutch Filmworks recently obtained permission from the Dutch Data Authority to begin monitoring pirates. Once it has their IP addresses it will attempt to make contact, offering a cash settlement agreement to make a potential lawsuit disappear.

“We are pleased with the extra attention to the problem of downloading from illegal sources,” says René van Turnhout, COO Dutch FilmWorks. “Too many jobs in our sector have been lost. Moreover, piracy endangers the creativity and quality of the legal offer.”

“I’d better watch legally … that’s true”

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Denuvo Has Been Sold to Global Anti-Piracy Outfit Irdeto

Post Syndicated from Andy original https://torrentfreak.com/denuvo-has-been-sold-to-global-anti-piracy-outfit-irdeto-180123/

It’s fair to say that of all video games anti-piracy technologies, Denuvo is perhaps the most hated of recent times. That hatred unsurprisingly stems from both its success and complexity.

Those with knowledge of the system say it’s fiendishly difficult to defeat but in recent times, cracks have been showing. In 2017, various iterations of the anti-tamper system were defeated by several cracking groups, much to the delight of the pirate masses.

Now, however, a new development has the potential to herald a new lease of life for the Austria-based anti-piracy company. A few moments ago it was revealed that the company has been bought by Irdeto, a global anti-piracy company with considerable heritage and resources.

“Irdeto has acquired Denuvo, the world leader in gaming security, to provide anti-piracy and anti-cheat solutions for games on desktop, mobile, console and VR devices,” Irdeto said in a statement.

“Denuvo provides technology and services for game publishers and platforms, independent software vendors, e-publishers and video publishers across the globe. Current Denuvo customers include Electronic Arts, UbiSoft, Warner Bros and Lionsgate Entertainment, with protection provided for games such as Star Wars Battlefront II, Football Manager, Injustice 2 and others.”

Irdeto says that Denuvo will “continue to operate as usual” with all of its staff retained – a total of 45 across Austria, Poland, the Czech Republic, and the US. Denuvo headquarters in Salzburg, Austria, will also remain intact along with its sales operations.

“The success of any game title is dependent upon the ability of the title to operate as the publisher intended,” says Irdeto CEO Doug Lowther.

“As a result, protection of both the game itself and the gaming experience for end users is critical. Our partnership brings together decades of security expertise under one roof to better address new and evolving security threats. We are looking forward to collaborating as a team on a number of initiatives to improve our core technology and services to better serve our customers.”

Denuvo was founded relatively recently in 2013 and employs less than 50 people. In contrast, Irdeto’s roots go all the way back to 1969 and currently has almost 1,000 staff. It’s a subsidiary of South Africa-based Internet and media group Naspers, a corporate giant with dozens of notable companies under its control.

While Denuvo is perhaps best known for its anti-piracy technology, Irdeto is also placing emphasis on the company’s ability to hinder cheating in online multi-player gaming environments. This has become a hot topic recently, with several lawsuits filed in the US by companies including Blizzard and Epic.

Denuvo CEO Reinhard Blaukovitsch

“Hackers and cybercriminals in the gaming space are savvy, and always have been. It is critical to implement robust security strategies to combat the latest gaming threats and protect the investment in games. Much like the movie industry, it’s the only way to ensure that great games continue to get made,” says Denuvo CEO Reinhard Blaukovitsch.

“In joining with Irdeto, we are bringing together a unique combination of security expertise, technology and enhanced piracy services to aggressively address security challenges that customers and gamers face from hackers.”

While it seems likely that the companies have been in negotiations for some, the timing of this announcement also coincides with negative news for Denuvo.

Yesterday it was revealed that the latest variant of its anti-tamper technology – Denuvo v4.8 – had been defeated by online cracking group CPY (Conspiracy). Version 4.8 had been protecting Sonic Forces since its release early November 2017 but the game was leaked out onto the Internet late Sunday with all protection neutralized.

Sonic Forces cracked by CPY

Irdeto has a long history of acquiring anti-piracy companies and technologies. They include Lockstream (DRM for content on mobile phones), Philips Cryptoworks (DVB conditional access system), Cloakware (various security), Entriq (media protection), BD+ (Blu-ray protection), and BayTSP (anti-piracy monitoring).

It’s also noteworthy that Irdeto supplied behind-the-scenes support in two of the largest IPTV provider raids of recent times, one focused on Spain in 2017 and more recently in Cyprus, Bulgaria, Greece and the Netherlands (1,2,3).

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Hollywood Says Only Site-Blocking Left to Beat Piracy in New Zealand

Post Syndicated from Andy original https://torrentfreak.com/hollywood-says-only-site-blocking-left-to-beat-piracy-in-new-zealand-180123/

The Motion Picture Distributors’ Association (MPDA) is a non-profit organisation which represents major international film studios in New Zealand.

With companies including Fox, Sony, Paramount, Roadshow, Disney, and Universal on the books, the MPDA sings from the same sheet as the MPAA and MPA. It also hopes to achieve in New Zealand what its counterparts have achieved in Europe and Australia but cannot on home soil – mass pirate site blocking.

In a release heralding the New Zealand screen industry’s annual contribution of around NZ$1.05 billion to GDP and NZ$706 million to exports, MPDA Managing Director Matthew Cheetham says that despite the successes, serious challenges lie ahead.

“When we have the illegal file sharing site the Pirate Bay as New Zealand’s 19th most popular site in New Zealand, it is clear that legitimate movie and TV distribution channels face challenges,” Cheetham says.

MPDA members in New Zealand

In common with movie bosses in many regions, Cheetham is hoping that the legal system will rise to the challenge and assist distributors to tackle the piracy problem. In New Zealand, that might yet require a change in the law but given recent changes in Australia, that doesn’t seem like a distant proposition.

Last December, the New Zealand government announced an overhaul of the country’s copyright laws. A review of the Copyright Act 1994 was announced by the previous government and is now scheduled to go ahead this year. The government has already indicated a willingness to consider amendments to the Act in order to meet the objectives of New Zealand’s copyright regime.

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

It’s quite unusual for Hollywood’s representatives to say nothing can be done about piracy. However, there was a small ray of hope this morning when Cheetham said that there is actually one option left.

“There’s nothing we can do in New Zealand apart from site blocking,” Cheetham said.

So, as the MPDA appears to pin its hopes on legislative change, other players in the entertainment industry are testing the legal system as it stands today.

Last September, Sky TV began a pioneering ‘pirate’ site-blocking challenge in the New Zealand High Court, applying for an injunction against several local ISPs to prevent their subscribers from accessing several pirate sites.

The boss of Vocus, one of the ISP groups targeted, responded angrily, describing Sky’s efforts as “dinosaur behavior” and something one 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,” General Manager Taryn Hamilton said.

The response from ISPs suggests that even when the matter of site-blocking is discussed as part of the Copyright Act review, introducing specific legislation may not be smooth sailing. In that respect, all eyes will turn to the Sky process, to see if some precedent can be set there.

Finally, another familiar problem continues to raise its head down under. So-called “Kodi boxes” – the now generic phrase often used to describe set-top devices configured for piracy – are also on the content industries’ radar.

There are a couple of cases still pending against sellers, including one in which a budding entrepreneur sent out marketing letters claiming that his service was better than Sky’s offering. For seller Krish Reddy, this didn’t turn out well as the company responded with a NZ$1m lawsuit.

Generally, however, both content industries and consumers are having a good time in New Zealand but the MPDA’s Cheetham says that taking on pirates is never easy.

“It’s been called the golden age of television and a lot of premium movies have been released in the last 12 or 18 months. Content providers and distributors have really upped their game in the last five or 10 years to meet what people want but it’s very difficult to compete with free,” Cheetham concludes.

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Thor Ragnarok Furiously Pirated After iTunes Pre-Order Blunder

Post Syndicated from Andy original https://torrentfreak.com/thor-ragnarok-furiously-pirated-after-itunes-pre-order-blunder-180122/

When perfect copies of movies leak out onto the Internet in advance of their official release dates, there’s usually an element of skullduggery at play.

This can sometimes involve people intercepting, stealing, or borrowing DVD screener discs, for example. However, other problems can unexpectedly raise their heads.

Case in point – the pre-release leak of Marvel’s Thor Ragnarok this past weekend.

With a disc release planned for February 26th just four months after the superhero movie’s theatrical debut, digital distribution on iTunes was set to go ahead on February 19th.

However, due to what appears to be a significant blunder at Apple, the $180 million movie is now being furiously pirated all over the Internet. A small sample of the latest leak (all releases with an upload date of ‘today’) can be seen in the screenshot below, sourced from The Pirate Bay.

Plenty of choice for pirates….

So what went wrong? According to a user on Reddit who has since deleted his post, a legal pre-order purchase was incorrectly made available for download a month early.

“I pre-ordered Thor Ragnarok on Vudu yesterday and it links it to my iTunes also,” the user explained.

“But curiously it showed up in my iTunes library this morning (pre-orders shouldn’t). And now I can watch the full movie in HD. I obviously downloaded it right away. I know its supposed to come out February 20th.”

The precise mechanism behind the movie incorrectly appearing on iTunes isn’t clear but the user reported that he didn’t buy it on the platform. Instead, he purchased the 4K version on Vudu, which was linked to his MoviesAnywhere account, which was in turn linked to iTunes.

For anyone unaware, MoviesAnywhere is a completely free service that allows people to watch their iTunes, Vudu, Google Play and Amazon movies in one place, on Apple, Android, Roku, Amazon and Chromecast devices.

Shortly after, other users noted that after purchasing the movie using the same process, they achieved the same result.

“Just tried the same way as you and it is now available for viewing on iTunes,” one reported.

Of course, one can’t simply share iTunes movies with others online but there are people out there prepared to put in the effort to make that possible. Release group ‘EVO’, which has the most popular torrent of Thor Ragnarok out there at the moment, took the time to explain the headaches it gave them.

“More than 10 hours working in a way to remove this fucking protection finally come to a end,” the group said.

“Casualties: 1 account banned. Lol. But it was worth it. Enjoy fellas. Have a good weekend. No VIP required. No pennies needed. All free.”

From a piracy perspective, illegal downloads are now metaphorically flying off the shelves. It won’t be what Marvel wanted so getting to the bottom of who is to blame will now be a top priority.

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Copyright Trolls Obtained Details of 200,000 Finnish Internet Users

Post Syndicated from Andy original https://torrentfreak.com/copyright-trolls-obtained-details-of-200000-finnish-internet-users-180118/

Fifteen years ago, the RIAA was contacting alleged file-sharers in the United States, demanding cash payments to make supposed lawsuits go away. In the years that followed, dozens of companies followed in their footsteps – not as a deterrent – but as a way to turn piracy into profit.

The practice is now widespread, not just in the United States, but also in Europe where few major countries have avoided the clutches of trolls. Germany has been hit particularly hard, with millions of cases. The UK has also seen tens of thousands of individuals targeted since 2006 although more recently the trolls there have been in retreat. The same cannot be said about Finland, however.

From a relatively late start in 2013, trolls have been stepping up their game in leaps and bounds but the true scale of developments in this Scandinavian country will probably come as a surprise to even the most seasoned of troll-watchers.

According to data compiled by NGO activist Ritva Puolakka, the business in Finland has grown to epidemic proportions. In fact, between 2013 and 2017 the Market Court (which deals with Intellectual Property matters, among other things) has ordered local Internet service providers to hand over the details of almost 200,000 Finnish Internet subscribers.

Published on the Ministry of Education and Culture website (via mikrobitti.fi) the data (pdf) reveals hundreds of processes against major Finnish ISPs.

Notably, every single case has been directed at a core group of three providers – Elisa, TeliaSonera and DNA – while customers of other ISPs seem to have been completely overlooked. Exactly why isn’t clear but in other jurisdictions it’s proven more cost-effective to hone a process with a small number of ISPs, rather than spread out to those with fewer customers.

Only one legal process is listed for 2013 but that demanded the identities of people behind 50 IP addresses. In 2014 there was a 14-fold increase in processes and the number of IP addresses targeted grew to 1,387.

For 2015, a total of 117 processes are listed, demanding the identities of people behind 37,468 IP addresses. In 2016 the trolls really upped their game. A total of 131 processes demanded the details of individuals behind 98,966 IP addresses. For last year, 79 processes are on the books, which in total amounted to 60,681 potential defendants in settlement cases.

In total, between 2013 and 2017 the Market Court ordered the ISPs to hand over the personal details of people behind a staggering 198,552 IP addresses. While it should be noted that each might not lead to a unique individual, the number is huge when one considers the potential returns if everyone pays up hundreds of euros to make supposed court cases go away.

But despite the significant scale, it will probably come as no surprise that very few companies are involved. Troll operations tend to be fairly centralized, often using the same base services to track and collect evidence against alleged pirates.

In the order they entered the settlement business in Finland the companies involved are: LFP Video Group LLC, International Content Holding B.V., Dallas Buyers Club LLC, Crystalis Entertainment UG, Scanbox Entertainment A/S, Fairway Film Alliance LLC, Copyright Collections Ltd, Mircom International Content Management, Interallip LLP, and Oy Atlantic Film Finland Ab.

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MPAA Wins $19.8 Million From Pirate Site Pubfilm

Post Syndicated from Ernesto original https://torrentfreak.com/mpaa-wins-19-8-million-from-pirate-site-pubfilm-180119/

In recent years the MPAA has pursued legal action against several pirate sites and the streaming service Pubfilm is one of their latest targets.

Hollywood’s industry group initially kept the lawsuit secret. This was done to prevent Pubfilm’s operator from moving to a new domain preemptively. While this strategy worked, Pubfilm didn’t throw in the towel.

Soon after the pubfilm.com domain name was suspended, the site moved to pubfilm.ac. And that wasn’t all. Pubfilm also started to actively advertise its new domain through Google Adsense to regain its lost traffic.

Today, close to a year has passed and Pubfilm is still around. The site moved from domain to domain and currently resides at Pubfilm.is and a few other domains that are advertised on the site.

All this time the company failed to responded in court, so the case saw little movement. This week, however, the MPAA made its demands clear and soon after the court issued a default against the site and its unknown operators.

“Defendants are Internet pirates who own, operate, and promote a ring of interconnected websites under the name “PubFilm” and variants thereof whose purpose is to profit from the infringement of copyrighted works,” the group wrote in its request.

Because of this continued infringement, the MPAA demanded the maximum amount of statutory copyright infringement damages. With 132 titles listed in the complaint, this totals nearly $20 million.

“Given the egregious circumstances of this case, Plaintiffs should be awarded the full amount of statutory damages of $150,000 for each of the 132 Works identified in the Complaint, for a total of $19,800,000,” the MPAA writes in its memorandum.

In addition, the Hollywood studios requested a permanent injunction that will require domain registries to put associated domain names on hold and sign them over to the MPAA.

Both requests were granted by the court on Thursday.

Pubfilm domain hopping

Previously, several domain names were aready seized through a preliminary injunction that resulted in Pubfilm moving from domain to domain in recent months. While these seizures can be effective, not all domain registries will comply with a US court order.

One of Pubfilm’s main domain names at the moment uses the Icelandic .is cTLD. In the past, Iceland’s domain registry ISNIC told TorrentFreak that it would only take action when an Icelandic Court tells it to.

This means that the MPAA’s win might be one without teeth.

Getting millions of dollars from an anonymous site operator, presumably outside the United States, is not easy. And since the site still has several hard-to-shutdown domains, taking it offline isn’t that straightforward either.

The streaming site operators didn’t appear to be impressed by the legal battle either. For the time being, they seem more concerned with fighting fake versions, judging from their most recent Facebook update.

Pubfilm’s latest Facebook post

A copy of the MPAA’s Memorandum in support of the default judgment and permanent injunction is available here (pdf). A copy of court’s order can be found here (pdf).

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Judge Tells Movie Company That it Can’t Sue Alleged BitTorrent Pirate

Post Syndicated from Andy original https://torrentfreak.com/judge-tells-movie-company-that-it-cant-sue-alleged-bittorrent-pirate-180118/

Despite a considerable migration towards streaming piracy in recent years, copyright trolls are still finding plenty of potential targets around the world. Alleged BitTorrent pirates are target number one since their activities are most easily tracked. However, it isn’t all plain sailing for the pirate hunters.

Last December we reported on the case of Lingfu Zhang, an Oregan resident accused by the makers of the 2015 drama film Fathers & Daughters (F&D) of downloading and sharing their content without permission. While these kinds of cases often disappear, with targets making confidential settlements to make a legal battle go away, Zhang chose to fight back.

Represented by attorney David Madden, Zhang not only denied downloading the movie in question but argued that the filmmakers had signed away their online distribution rights. He noted that (F&D), via an agent, had sold the online distribution rights to a third party not involved in the case.

So, if F&D no longer held the right to distribute the movie online, suing for an infringement of those rights would be impossible. With this in mind, Zhang’s attorney moved for a summary judgment in his client’s favor.

“ZHANG denies downloading the movie but Defendant’s current motion for summary judgment challenges a different portion of F&D’s case,” Madden wrote.

“Defendant argues that F&D has alienated all of the relevant rights necessary to sue for infringement under the Copyright Act.”

In response, F&D argued that they still held some rights, including the right to exploit the movie on “airlines and oceangoing vessels” but since Zhang wasn’t accused of being on either form of transport when the alleged offense occurred, the defense argued that point was moot.

Judge Michael H. Simon handed down his decision yesterday and it heralds bad news for F&D and celebration time for Zhang and his attorney. In a 17-page ruling first spotted by Fight Copyright Trolls, the Judge agrees that F&D has no standing to sue.

Citing the Righthaven LLC v. Hoehn case from 2013, the Judge notes that under the Copyright Act, only the “legal or beneficial owner of an exclusive right under a copyright” has standing to sue for infringement of that right.

Judge Simon notes that while F&D claims it is the ‘legal owner’ of the copyright to the Fathers & Daughters movie, the company “misstates the law”, adding that F&D also failed to present evidence that it is the ‘beneficial owner’ of the relevant exclusive right. On this basis, both claims are rejected.

The Judge noted that the exclusive rights to the movie were granted to a company called Vertical Entertainment which received the exclusive right to “manufacture, reproduce, sell, rent, exhibit, broadcast, transmit, stream, download, license, sub-license, distribute, sub-distribute, advertise, market, promote, publicize and exploit” the movie in the United States.

An exclusive license means that ownership of a copyright is transferred for the term of the license, meaning that Vertical – not F&D – is the legal owner under the Copyright Act. It matters not, the Judge says, that F&D retained the rights to display the movie “on airlines and ships” since only the transferee (Vertical) has standing to sue and those locations are irrelevant to the lawsuit.

“Under the Copyright Act, F&D is not the ‘legal owner’ with standing to sue for infringement relating to the rights that were transferred to Vertical through its exclusive license granted in the distribution agreement,” the Judge writes.

Also at issue was an undated document presented by F&D titled Anti-Piracy and Rights Enforcement Reservation of Rights Addendum. The document, relied upon by F&D, claimed that F&D is authorized to “enforce copyrights against Internet infringers” including those that use peer-to-peer technologies such as BitTorrent.

However, the Judge found that the peer-to-peer rights apparently reserved to F&D were infringing rights, not the display and distribution (exclusive rights) required to sue under the Copyright Act. Furthermore, the Judge determined that there was no evidence that this document existed before the lawsuit was filed. Zhang and his attorney previously asserted the addendum had been created afterwards and the Judge agrees.

“F&D did not dispute that the undated anti-piracy addendum was created after this lawsuit was filed, or otherwise respond to Defendant’s standing argument relating to the untimeliness of this document,” the Judge notes.

“Accordingly, because the only reasonable inference supported by the evidence is that this document was created after the filing of this lawsuit, it is not appropriate to consider for purposes of standing.”

So, with Vertical Entertainment the only company with the right to sue, could they be added to the lawsuit, F&D asked? Citing an earlier case, the Judge said ‘no’, noting that “summary judgment is not a procedural second chance to flesh out inadequate pleadings.”

With that, Judge Simon granted Lingfu Zhang’s request for summary judgment and dismissed F&D’s claims for lack of standing.

As noted by Fight Copyright Trolls, the movie licensing scheme employed by F&D is complex and, given the fact that notorious copyright troll outfit Guardaley is involved (Guardaley filed 24 cases in eight districts on behalf of F&D), it would be interesting if legal professionals could dig deeper, to see how far the rabbit hole goes.

The summary judgment can be found here (pdf)

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UK Government Teaches 7-Year-Olds That Piracy is Stealing

Post Syndicated from Ernesto original https://torrentfreak.com/uk-government-teaches-7-year-olds-that-piracy-is-stealing-180118/

In 2014, Mike Weatherley, the UK Government’s top IP advisor at the time, offered a recommendation that copyright education should be added to the school curriculum, starting with the youngest kids in primary school.

New generations should learn copyright moral and ethics, the idea was, and a few months later the first version of the new “Cracking Ideas” curriculum was made public.

In the years that followed new course material was added, published by the UK’s Intellectual Property Office (IPO) with support from the local copyright industry. The teaching material is aimed at a variety of ages, including those who have just started primary school.

Part of the education features a fictitious cartoon band called Nancy and the Meerkats. With help from their manager, they learn key copyright insights and this week several new videos were published, BBC points out.

The videos try to explain concepts including copyright, trademarks, and how people can protect the things they’ve created. Interestingly, the videos themselves use names of existing musicians, with puns such as Ed Shealing, Justin Beaver, and the evil Kitty Perry. Even Nancy and the Meerkats appears to be a play on the classic 1970s cartoon series Josie and the Pussycats, featuring a pop band of the same name.

The play on Ed Sheeran’s name is interesting, to say the least. While he’s one of the most popular artists today, he also mentioned in the past that file-sharing made his career.

“…illegal fire sharing was what made me. It was students in England going to university, sharing my songs with each other,” Sheeran said in an interview with CBS last year.

But that didn’t stop the IPO from using his likeness for their anti-file-sharing campaign. According to Catherine Davies of IPO’s education outreach department, knowledge about key intellectual property issues is a “life skill” nowadays.

“In today’s digital environment, even very young people are IP consumers, accessing online digital content independently and regularly,” she tells the BBC. “A basic understanding of IP and a respect for others’ IP rights is therefore a key life skill.”

While we doubt that these concepts will appeal to the average five-year-old, the course material does it best to simplify complex copyright issues. Perhaps that’s also where the danger lies.

The program is in part backed by copyright-reliant industries, who have a different view on the matter than many others. For example, a previously published video of Nancy and the Meerkats deals with the topic of file-sharing.

After the Meerkats found out that people were downloading their tracks from pirate sites and became outraged, their manager Big Joe explained that file-sharing is just the same as stealing a CD from a physical store.

“In a way, all those people who downloaded free copies are doing the same thing as walking out of the shop with a CD and forgetting to go the till,” he says.

“What these sites are doing is sometimes called piracy. It not only affects music but also videos, books, and movies.If someone owns the copyright to something, well, it is stealing. Simple as that,” Big Joe adds.

The Pirates of the Internet!

While we won’t go into the copying vs. stealing debate, it’s interesting that there is no mention of more liberal copyright licenses. There are thousands of artists who freely share their work after all, by adopting Creative Commons licenses for example. Downloading these tracks is certainly not stealing.

Jim Killock, director of the Open Rights Group, notes that the campaign is a bit extreme at points.

“Infringing copyright is a bad thing, but it is not the same as physical theft. Many children will guess that making a copy is not the same as making off with the local store’s chocolate bars,” he says.

“Children aren’t born bureaucrats, and they are surrounded by stupid rules made by stupid adults. Presumably, the IPO doesn’t want children to conclude that copyright is just another one, so they should be a bit more careful with how they explain things.”

Killock also stresses that children copy a lot of things in school, which would normally violate copyright. However, thanks to the educational exceptions they’re not getting in trouble. The IPO could pay more attention to these going forward.

Perhaps Nancy and the Meerkats could decide to release a free to share track in a future episode, for example, and encourage kids to use it for their own remixes, or other creative projects. Creativity and copyright are not all about restrictions, after all.

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

The Man from Earth Sequel ‘Pirated’ on The Pirate Bay – By Its Creators

Post Syndicated from Andy original https://torrentfreak.com/the-man-from-earth-sequel-pirated-on-the-pirate-bay-by-its-creators-180116/

More than a decade ago, Hollywood was struggling to get to grips with the file-sharing phenomenon. Sharing via BitTorrent was painted as a disease that could kill the movie industry, if it was allowed to take hold. Tough action was the only way to defeat it, the suits concluded.

In 2007, however, a most unusual turn of events showed that piracy could have a magical effect on the success of a movie.

After being produced on a tiny budget, a then little-known independent sci-fi film called “The Man from Earth” turned up on pirate sites, to the surprise of its creators.

“Originally, somebody got hold of a promotional screener DVD of ‘Jerome Bixby’s The Man from Earth’, ripped the file and posted the movie online before we knew what was even happening,” Man from Earth director Richard Schenkman informs TorrentFreak.

“A week or two before the DVD’s ‘street date’, we jumped 11,000% on the IMDb ‘Moviemeter’ and we were shocked.”

With pirates fueling interest in the movie, a member of the team took an unusual step. Producer Eric Wilkinson wrote to RLSlog, a popular piracy links site – not to berate pirates – but to thank them for catapulting the movie to fame.

“Our independent movie had next to no advertising budget and very little going for it until somebody ripped one of the DVD screeners and put the movie online for all to download. Most of the feedback from everyone who has downloaded ‘The Man From Earth’ has been overwhelmingly positive. People like our movie and are talking about it, all thanks to piracy on the net!” he wrote.

Richard Schenkman told TF this morning that availability on file-sharing networks was important for the movie, since it wasn’t available through legitimate means in most countries. So, the team called out to fans for help, if they’d pirated the movie and had liked what they’d seen.

“Once we realized what was going on, we asked people to make donations to our PayPal page if they saw the movie for free and liked it, because we had all worked for nothing for two years to bring it to the screen, and the only chance we had of surviving financially was to ask people to support us and the project,” Schenkman explains.

“And, happily, many people around the world did donate, although of course only a tiny fraction of the millions and millions of people who downloaded pirated copies.”

Following this early boost The Man from Earth went on to win multiple awards. And, a decade on, it boasts a hugely commendable 8/10 score on IMDb from more than 147,000 voters, with Netflix users leaving over 650,000 ratings, which reportedly translates to well over a million views.

It’s a performance director Richard Schenkman would like to repeat with his sequel: The Man from Earth: Holocene. This time, however, he won’t be leaving the piracy aspect to chance.

Yesterday the team behind the movie took matters into their own hands, uploading the movie to The Pirate Bay and other sites so that fans can help themselves.

“It was going to get uploaded regardless of what we did or didn’t do, and we figured that as long as this was inevitable, we would do the uploading ourselves and explain why we were doing it,” Schenkman informs TF.

“And, we would once again reach out to the filesharing community and remind them that while movies may be free to watch, they are not free to make, and we need their support.”

The release, listed here on The Pirate Bay, comes with detailed notes and a few friendly pointers on how the release can be further shared. It also informs people how they can show their appreciation if they like it.

The Man from Earth: Holocene on The Pirate Bay

“It’s a revolutionary global experiment in the honor system. We’re asking people: ‘If you watch our movie, and you like it, will you pay something directly to the people who made it?’,” Schenkman says.

“That’s why we’re so grateful to all of you who visit ManFromEarth.com and make a donation – of any size – if you’ve watched the movie without paying for it up front.”

In addition to using The Pirate Bay – which is often and incorrectly berated as a purely ‘pirate’ platform with no legitimate uses – the team has also teamed up with OpenSubtitles, so translations for the movie are available right from the beginning.

Other partners include MovieSaints.com, where fans can pay to see the movie from January 19 but get a full refund if they don’t enjoy it. It’s also available on Vimeo (see below) but the version seen by pirates is slightly different, and for good reason, Schenkman says.

“This version of the movie includes a greeting from me at the beginning, pointing out that we did indeed upload the movie ourselves, and asking people to visit manfromearth.com and make a donation if they can afford to, and if they enjoyed the film.

“The version we posted is very high-resolution, although we are also sharing some smaller files for those folks who have a slow Internet connection where they live,” he explains.

“We’re asking people to share ONLY this version of the movie — NOT to edit off the appeal message. And of course we’re asking people not to post the movie at YouTube or any other platform where someone (other than us) could profit financially from it. That would not be fair, nor in keeping with the spirit of what we’re trying to do.”

It’s not often we’re able to do this so it’s a pleasure to say that The Man from Earth: Holocene can be downloaded from The Pirate Bay, in various qualities and entirely legally, here. For those who want to show their appreciation, the tip jar is here.

"The Man from Earth: Holocene" Teaser Trailer from Richard Schenkman on Vimeo.

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