Tag Archives: police

Google on Collision Course With Movie Biz Over Piracy & Safe Harbor

Post Syndicated from Andy original https://torrentfreak.com/google-on-collision-course-with-movie-biz-over-piracy-safe-harbor-180219/

Wherever Google has a presence, rightsholders are around to accuse the search giant of not doing enough to deal with piracy.

Over the past several years, the company has been attacked by both the music and movie industries but despite overtures from Google, criticism still floods in.

In Australia, things are definitely heating up. Village Roadshow, one of the nation’s foremost movie companies, has been an extremely vocal Google critic since 2015 but now its co-chief, the outspoken Graham Burke, seems to want to take things to the next level.

As part of yet another broadside against Google, Burke has for the second time in a month accused Google of playing a large part in online digital crime.

“My view is they are complicit and they are facilitating crime,” Burke said, adding that if Google wants to sue him over his comments, they’re very welcome to do so.

It’s highly unlikely that Google will take the bait. Burke’s attempt at pushing the issue further into the spotlight will have been spotted a mile off but in any event, legal battles with Google aren’t really something that Burke wants to get involved in.

Australia is currently in the midst of a consultation process for the Copyright Amendment (Service Providers) Bill 2017 which would extend the country’s safe harbor provisions to a broader range of service providers including educational institutions, libraries, archives, key cultural institutions and organizations assisting people with disabilities.

For its part, Village Roadshow is extremely concerned that these provisions may be extended to other providers – specifically Google – who might then use expanded safe harbor to deflect more liability in respect of piracy.

“Village Roadshow….urges that there be no further amendments to safe harbor and in particular there is no advantage to Australia in extending safe harbor to Google,” Burke wrote in his company’s recent submission to the government.

“It is very unlikely given their size and power that as content owners we would ever sue them but if we don’t have that right then we stand naked. Most importantly if Google do the right thing by Australia on the question of piracy then there will be no issues. However, they are very far from this position and demonstrably are facilitating crime.”

Accusations of crime facilitation are nothing new for Google, with rightsholders in the US and Europe having accused the company of the same a number of times over the years. In response, Google always insists that it abides by relevant laws and actually goes much further in tackling piracy than legislation currently requires.

On the safe harbor front, Google begins by saying that not expanding provisions to service providers will have a seriously detrimental effect on business development in the region.

“[Excluding] online service providers falls far short of a balanced, pro-innovation environment for Australia. Further, it takes Australia out of step with other digital economies by creating regulatory uncertainty for [venture capital] investment and startup/entrepreneurial success,” Google’s submission reads.

“[T]he Draft Bill’s narrow safe harbor scheme places Australian-based startups and online service providers — including individual bloggers, websites, small startups, video-hosting services, enterprise cloud companies, auction sites, online marketplaces, hosting providers for real-estate listings, photo hosting services, search engines, review sites, and online platforms —in a disadvantaged position compared with global startups in countries that have strong safe harbor frameworks, such as the United States, Canada, United Kingdom, Singapore, South Korea, Japan, and other EU countries.

“Under the new scheme, Australian-based startups and service providers, unlike their international counterparts, will not receive clear and consistent legal protection when they respond to complaints from rightsholders about alleged instances of online infringement by third-party users on their services,” Google notes.

Interestingly, Google then delivers what appears to be a loosely veiled threat.

One of the key anti-piracy strategies touted by the mainstream entertainment companies is collaboration between rightsholders and service providers, including the latter providing voluntary tools to police infringement online. Google says that if service providers are given a raw deal on safe harbor, the extent of future cooperation may be at risk.

“If Australian-based service providers are carved out of the new safe harbor regime post-reform, they will operate from a lower incentive to build and test new voluntary tools to combat online piracy, potentially reducing their contributions to innovation in best practices in both Australia and international markets,” the company warns.

But while Village Roadshow argue against safe harbors and warn that piracy could kill the movie industry, it is quietly optimistic that the tide is turning.

In a presentation to investors last week, the company said that reducing piracy would have “only an upside” for its business but also added that new research indicates that “piracy growth [is] getting arrested.” As a result, the company says that it will build on the notion that “74% of people see piracy as ‘wrong/theft’” and will call on Australians to do the right thing.

In the meantime, the pressure on Google will continue but lawsuits – in either direction – won’t provide an answer.

Village Roadshow’s submission can be found here, Google’s here (pdf).

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Pirate ‘Kodi’ Boxes & Infringing Streams Cost eBay Sellers Dearly

Post Syndicated from Andy original https://torrentfreak.com/pirate-kodi-boxes-infringing-streams-cost-ebay-sellers-dearly-180209/

Those on the look out for ready-configured pirate set-top boxes can drift around the web looking at hundreds of options or head off to the places most people know best – eBay and Facebook.

Known for its ease of use and broad range of content, eBay is often the go-to place for sellers looking to offload less than legitimate stock. Along with Facebook, it’s become one of the easiest places online to find so-called Kodi boxes.

While the Kodi software itself is entirely legal, millions of people have their boxes configured for piracy purposes and eBay and Facebook provide a buying platform for those who don’t want to do the work themselves.

Sellers generally operate with impunity but according to news from the Premier League and anti-piracy partners Federation Against Copyright Theft (FACT), that’s not always the case.

FACT reports that a supplier of ISDs (Illicit Streaming Devices) that came pre-loaded for viewing top-tier football without permission has agreed to pay the Premier League thousands of pounds.

Nayanesh Patel from Harrow, Middlesex, is said to have sold Kodi-type boxes on eBay and Facebook but got caught in the act. As a result he’s agreed to cough up £18,000, disable his website, remove all advertising, and cease future sales.

A second individual, who isn’t named, allegedly sold subscriptions to illegal streams of Premier League football via eBay. He too was tracked down and eventually agreed to pay £8,000 and cease all future streams sales.

“This case shows there are serious consequences for sellers of pre-loaded boxes and is a warning for anyone who thinks they might get away with this type of activity,” says Premier League Director of Legal Services, Kevin Plumb.

“The Premier League is currently engaged in a comprehensive copyright protection programme that includes targeting and taking action against sellers of pre-loaded devices, and any ISPs or hosts that facilitate the broadcast of pirated Premier League content.”

The number of individuals selling pirate set-top devices and IPTV-style subscription packages on eBay and social media has grown to epidemic proportions, so perhaps the biggest surprise is that there aren’t more cases like these. Importantly, however, these apparent settlement agreements are a step back from the criminal prosecutions we’ve seen in the past.

Previously, individuals under FACT’s spotlight have tended to be targeted by the police, with all the drawn-out misery that entails. While these cash settlements are fairly hefty, they appear to be in lieu of law enforcement involvement, not inconsiderable solicitors bills, and potential jail sentences. For a few unlucky sellers, this could prove the more attractive option.

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

Man Handed Conditional Prison Sentence for Spreading Popcorn Time Information

Post Syndicated from Andy original https://torrentfreak.com/man-handed-conditional-prison-sentence-spreading-popcorn-time-information-180208/

In August 2015, police in Denmark announced they had arrested a man in his thirties said to be the operator of a Popcorn Time-focused website. Popcorntime.dk was subsequently shut down and its domain placed under the control of the state prosecutor.

“The Danish State Prosecutor for Serious Economic and International Crime is presently conducting a criminal investigation that involves this domain name,” a seizure notice on the site reads.

“As part of the investigation the state prosecutor has requested a Danish District Court to transfer the rights of the domain name to the state prosecutor. The District Court has complied with the request.”

In a circumstance like this, it’s common to conclude that the site was offering copyright-infringing content or software. That wasn’t the case though, not even close.

PopcornTime.dk was an information resource, offering news on Popcorn Time-related developments, guides, plus tips on how to use the software while staying anonymous.

PopcornTime.dk as it appeared in 2015

Importantly, PopcornTime.dk hosted no software, preferring to link to other sites where the application could be downloaded instead. That didn’t prevent an aggressive prosecution though and now, two-and-half years later, the verdict’s in and it’s bound to raise more than a few eyebrows.

On Wednesday, a court in Odense, Denmark, handed the now 39-year-old man behind PopcornTime.dk a six-month conditional prison sentence for spreading information about the controversial movie streaming service.

Senior prosecutor Dorte Køhler Frandsen from SØIK (State Attorney for Special Economic and International Crime), who was behind the criminal proceedings, described the successful prosecution as a first-of-its-kind moment for the entire region.

“Never before has a person been convicted of helping to spread streaming services. The judgment is therefore an important step in combating illegal streaming on the Internet and will reverberate throughout Europe,” Frandsen said.

According to a statement from the prosecutor, the 39-year-old earned 506,003 Danish Krone ($83,363) in advertising revenue from his website in 2015. In addition to forfeiting this amount and having his domain confiscated, the man will also be required to complete 120 hours of community service.

“The verdict is a clear signal to those who spread illegal pirate services. The film industry and others lose billions in revenue each year because criminals illegally offer films for free. It’s a loss for everyone. Also the consumer,” Frandsen added.

The convicted man now has two weeks to decide whether he will take his appeal to the Østre Landsret, one of Denmark’s two High Courts.

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Jailed Streaming Site Operator Hit With Fresh $3m Damages Lawsuit

Post Syndicated from Andy original https://torrentfreak.com/jailed-streaming-site-operator-hit-with-fresh-3m-damages-lawsuit-180207/

After being founded more than half a decade ago, Swefilmer grew to become Sweden’s most popular movie and TV show streaming site. It was only a question of time before authorities stepped in to bring the show to an end.

In 2015, a Swedish operator of the site in his early twenties was raided by local police. A second man, Turkish and in his late twenties, was later arrested in Germany.

The pair, who hadn’t met in person, appeared before the Varberg District Court in January 2017, accused of making more than $1.5m from their activities between November 2013 and June 2015.

The prosecutor described Swefilmer as “organized crime”, painting the then 26-year-old as the main brains behind the site and the 23-year-old as playing a much smaller role. The former was said to have led a luxury lifestyle after benefiting from $1.5m in advertising revenue.

The sentences eventually handed down matched the defendants’ alleged level of participation. While the younger man received probation and community service, the Turk was sentenced to serve three years in prison and ordered to forfeit $1.59m.

Very quickly it became clear there would be an appeal, with plaintiffs represented by anti-piracy outfit RightsAlliance complaining that their 10m krona ($1.25m) claim for damages over the unlawful distribution of local movie Johan Falk: Kodnamn: Lisa had been ruled out by the Court.

With the appeal hearing now just a couple of weeks away, Swedish outlet Breakit is reporting that media giant Bonnier Broadcasting has launched an action of its own against the now 27-year-old former operator of Swefilmer.

According to the publication, Bonnier’s pay-TV company C More, which distributes for Fox, MGM, Paramount, Universal, Sony and Warner, is set to demand around 24m krona ($3.01m) via anti-piracy outfit RightsAlliance.

“This is about organized crime and grossly criminal individuals who earned huge sums on our and others’ content. We want to take every opportunity to take advantage of our rights,” says Johan Gustafsson, Head of Corporate Communications at Bonnier Broadcasting.

C More reportedly filed its lawsuit at the Stockholm District Court on January 30, 2018. At its core are four local movies said to have been uploaded and made available via Swefilmer.

“C More would probably never even have granted a license to [the operator] to make or allow others to make the films available to the public in a similar way as [the operator] did, but if that had happened, the fee would not be less than 5,000,000 krona ($628,350) per film or a total of 20,000,000 krona ($2,513,400),” C More’s claim reads.

Speaking with Breakit, lawyer Ansgar Firsching said he couldn’t say much about C More’s claims against his client.

“I am very surprised that two weeks before the main hearing [C More] comes in with this requirement. If you open another front, we have two trials that are partly about the same thing,” he said.

Firsching said he couldn’t elaborate at this stage but expects his client to deny the claim for damages. C More sees things differently.

“Many people live under the illusion that sites like Swefilmer are driven by idealistic teens in their parents’ basements, which is completely wrong. This is about organized crime where our content is used to generate millions and millions in revenue,” the company notes.

The appeal in the main case is set to go ahead February 20th.

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

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.

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

Pirate Bay Founder’s Domain Service “Mocks” NY Times Legal Threats

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-bay-founders-domain-service-mocks-ny-times-legal-threats-180125/

Back in the day, The Pirate Bay was famous for its amusing responses to legal threats. Instead of complying with takedown notices, it sent witty responses to embarrass the senders.

Today the notorious torrent site gives copyright holders the silent treatment, but the good-old Pirate Bay spirit still lives on elsewhere.

Earlier today the anonymous domain registration service Njalla, which happens to be a venture of TPB co-founder Peter Sunde, posted a series of noteworthy responses it sent to The New York Times’ (NYT) legal department.

The newspaper warned the registration service about one of its customers, paywallnews.com, which offers the news service’s content without permission. Since this is a violation of The Times’ copyrights, according to the paper, Njalla should take action or face legal consequences.

NYT: Accordingly, we hereby demand that you immediately provide us with contact information — including email addresses — for both the actual owner of the paywallnew.com website, and for the hosting provider on which the paywallnew.com website is located.

If we have not heard from you within three (3) business days of receipt of this letter, we will have no choice but to pursue all available legal remedies.

Njalla is no stranger to threats of this kind but were somewhat offended by the harsh language, it seems. The company, therefore, decided to inform the NYT that there are more friendly ways to reach out.

Njalla: Thanks for that lovely e-mail. It’s always good to communicate with people that in their first e-mail use words as “we demand”, “pursue all available legal remedies” and so forth. I’d like to start out with some free (as in no cost) advice: please update your boiler threat letters to actually try what most people try first: being nice. It’s not expensive (actually the opposite) and actually it works much better than your method (source: a few tens of thousands years of human development that would not have been as efficient with threats as it would have been with cooperation).

In addition, Njalla also included a request of its own. They kindly asked (no demand) the newspaper’s legal department for proof that they are who they say they are. You can never be too cautious, after all.

Njalla: Now, back to the questions you sent us. We’re not sure who you are, so in order to move further we’d like to see a copy of your ID card, as well as a notarised power of attorney showing that you are actually representing the people you’re claiming to do.

This had the desired effect, for Njalla at least. The NYT replied with an apology for the tough language that was used, noting that they usually deal with companies that employ people who are used to reading legal documents.

The newspaper did, however, submit a notarized letter signed by the company’s Executive Vice President, General Counsel and Secretary, and once again asked for details on the Njalla customer.

NYT: Once again, as I mention above, the referenced website is stealing large amounts of New York Times content. If you click on this link: http://www.paywallnews.com/sites/nytimes

As this abuse — aside from being an egregious infringement of The Times’s copyright — breaches your own Terms of Service, I hope you will be able to see your way to helping me to put a stop to this practice by providing me with the name and contact information for the owner of paywallnews.com and for the ISP on which it is hosted.

This is when things started to get really interesting. Founded by someone with an extensive background in “sharing,” Njalla clearly has a different definition of stealing than the NYT’s legal department.

The reply, which is worth reading in full along with the rest of the communication, makes this quite clear.

Njalla: Stealing content seem quite harsh of this website though, didn’t know that they did that! Is there anyway you can get the stolen items back though? You should either go to the police and request them to help you get the stolen items back. Or maybe talk to your insurance company, they might help to compensate you for the loss. But a helpful idea; if they’ve stolen something and then put copies of that on a website that you can freely access, I would suggest just copying it, so that both of you have the same things. That’s a great thing with the digital world, everyone can have copies of things. I am surprised they stole something when they could just have copied it. I’m guessing it’s some older individuals that don’t know the possibilities of modern day technology to make copies.

It’s obvious that the domain registration service makes a clear distinction between copying and stealing.

Piracy vs. Theft

In addition, Njalla contests that the site is problematic at all, noting that this might be a “cultural difference.”

Njalla spotted something even more worrying though. The NYT claims that the site in question violates its terms of service. Specifically, they reference the section that prohibits sites from spreading content that is illegal according to local law.

Is the NYT perhaps spreading illegal content itself, Njalla questions?

Njalla: Deborah, I was quite shocked and appalled that you referred to this part of our ToS. It made me actually not visit the website in question even though you’ve linked it now a few times. You’re admitting to spreading illegal content at your newspaper, for profit, is that correct?

We’re quite big proponents of freedom of speech, let me assure you of that, but we also have limits. If you spread illegal content, and our customers stole that illegal content and are now handing out free copies of that, that’s a huge issue for us. Since it would be illegal for us to get those copies if they’re illegal, I’m asking you what type of content it is?

As an attachment to the reply, Njalla also sent back a “notarized” letter of their own, by simply copying the NYT letter and sticking their own logo on it, to show how easily these can be fabricated.

TorrentFreak reached out to Sunde who informed us that they never heard from The New York Times after the last reply. As a domain registrant, Njalla is not obliged to comply with takedown requests, he explains.

“If they need help from us on copyright issues, they’re totally missing what we’re doing, and that they should look somewhere else anyhow. But I think most domain services gets tons of these threat emails, and a lot of them think they’re responsible because they don’t have access to legal help and just shut customers down.

“That’s what a lot of our customers say at least, since they migrated from a shitty service which doesn’t know their own business,” Sunde adds.

The NYT is not completely without options though. If they take the case to court in Sweden and win an injunction against paywallnews.com, Njalla will comply. The same is true if a customer really violates the terms of service.

Meanwhile, paywallnews.com remains online.

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

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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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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Kim Dotcom Sues Government for ‘Billions’ Over Erroneous Arrest

Post Syndicated from Ernesto original https://torrentfreak.com/kim-dotcom-sues-government-for-billions-over-erroneous-arrest-180121/

Six years ago, New Zealand police carried out a spectacular military-style raid against individuals accused only of copyright infringement.

Acting on allegations from the United States government and its Hollywood partners, New Zealand’s elite counter-terrorist force raided the mansion of Kim Dotcom, who was detained along with his wife and children.

Megaupload’s founder has always maintained that his arrest was unlawful under New Zealand law, and he is determined to hold the authorities accountable.

In addition to getting married and celebrating his birthday this weekend, the German born entrepreneur announced that he is seeking damages from the New Zealand Government.

“Today, 6 years ago, the NZ Govt enabled the unlawful destruction of Megaupload and seizure of my global assets,” Dotcom wrote on Twitter.

“I was arrested for the alleged online piracy of my users. Not even a crime in NZ. My lawyers have served a multi billion dollar damages claim against the Govt today,” he added.

Dotcom’s lawyer Ira Rothken informs TorrentFreak that a damages claim was filed at the New Zealand High Court last December.

“We confirm that our legal team filed a Statement of Claim in the New Zealand High Court for monetary damages on December 22, 2017 on behalf of Kim Dotcom against the United States and NZ governmental entities alleging that defendants pursued with malice and material non disclosure an erroneous arrest warrant,” Rothken says.

In the claim, Dotcom’s legal team argues that the arrest warrant was invalid. They say that there were no reasonable grounds on which the District Court could conclude that Dotcom’s alleged crimes were an extraditable offense.

The consequences, however, were rather severe. Dotcom lost his freedom and also his company, which was worth billions and preparing for an IPO, according to the legal paperwork.

“At the time the Restraint Orders were granted, second plaintiff was preparing to list on the Stock Exchange of Hong Kong at a conservative valuation of not less than US$2.6 billion,” the claim reads.

This valuation is based on a valuation of $40 for each of the 66 million users Megaupload had, which generated $45 million in profits per year. If Megaupload had not have been raided, today’s value could be as high as $10 billion.

Mega value

Dotcom has a 68 percent stake in the Megaupload companies and seeks damages that will compensate for lost profits. In addition, he requests compensation for legal costs, lost business opportunities, loss of reputation, and other losses.

The exact scale of the damages isn’t specified and will have to be determined at a later stage, before trial.

The claim doesn’t come as a surprise to the New Zealand Government, Prime Minister Jacinda Ardern said in a brief response.

“This has obviously been an ongoing matter, so no it doesn’t surprise me,” she commented.

A copy of the full claim is available here (pdf).

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Police Shut Down Pirate Streaming TV Provider, Three Men Arrested

Post Syndicated from Andy original https://torrentfreak.com/police-shut-down-pirate-streaming-tv-provider-three-men-arrested-180120/

As prices for official multi-channel cable and satellite packages continue to increase, unauthorized streaming TV providers are providing an interesting alternative for those who demand the greatest variety of channels at a cut-down price.

Of course, none of this is legal and as such, authorities are clamping down. Today brings news of yet another pirate raid, this time in the city of Lublin, Poland.

A statement from the Provincial Police Headquarters reveals that officers from the Cybercrime and Economic Crime units conducted an investigation under the supervision of the District Prosecutor’s Office in Lublin. Locations in three provinces – Dolnośląskie, Zachodniopomorskie and Wielkopolskie – were searched.

According to prosecutors, the operators of the website illegally streamed the majority of all television channels available locally, including digital TV and state television. More than 160 channels were supplied via the site without permission. Users were initially given free access to the currently unnamed service but were then encouraged to subscribe to a premium package.

Pirate Streaming TV service (Credit: Polish police)

“The funds obtained from this procedure were invested in the further development of criminal activity and in foreign and Polish companies, of which [the suspects] were owners,” a police statement notes.

Local reports indicate three men, aged 30, 42 and 57, were arrested and brought to the prosecutor’s office. There they faced allegations of illegally distributing pay television and using the revenue as a permanent source of income.

“We estimate that the suspects could have benefited to the tune of nearly 3.5 million zlotys [840,663 euros] via their illegal practices,” police add.

Pirate Streaming TV service (Credit: Polish police)

In addition to the arrests, police also seized equipment including 12 computers, nine servers, tablets, decoders, telephones, more than 60 hard drives and similar devices, plus documentation.

The news of these raids in Poland follows on the heels of a Europol led operation to close down an IPTV operation said to be one of the largest in the world. The still-unnamed provider allegedly serviced around 500,000 subscribers from a base in Bulgaria, where a local ISP has come under the spotlight.

A video of the Polish operation, including a suspect under arrest, is available here.

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Hollywood Asks New UK Culture Secretary To Fight Online Piracy

Post Syndicated from Andy original https://torrentfreak.com/hollywood-asks-new-uk-culture-secretary-to-fight-online-piracy-180119/

Following Prime Minister Theresa May’s cabinet reshuffle earlier this month, Matt Hancock replaced Karen Bradley as Secretary of State for Digital, Culture, Media and Sport.

Hancock, the 39-year-old MP for West Suffolk, was promoted from his role as Minister for Digital and Culture, a position he’d held since July 2016.

“Thrilled to become DCMS Secretary. Such an exciting agenda, so much to do, and great people. Can’t wait to get stuck in,” he tweeted.

Of course, the influence held by the Culture Secretary means that the entertainment industries will soon come calling, seeking help and support in a number of vital areas. No surprise then that Stan McCoy, president and managing director at the ‎Motion Picture Association’s EMEA division, has just jumped in with some advice for Hancock.

In an open letter published on Screen Daily, McCoy begins by reminding Hancock that the movie industry contributes considerable sums to the UK economy.

“We are one of the country’s most valuable economic and cultural assets – worth almost £92bn, growing at twice the rate of the economy, and making a positive contribution to the UK’s balance of payments,” McCoy writes.

“Britain’s status as a center of excellence for the audiovisual sector in particular is no accident: It results from the hard work and genius of our creative workforce, complemented by the support of governments that have guided their policies toward enabling continued excellence and growth.”

McCoy goes on to put anti-piracy initiatives at the very top of his wishlist – and Hancock’s to-do list.

“A joined-up strategy to curb proliferation of illegal, often age-inappropriate and malware-laden content online must include addressing the websites, environments and apps that host and facilitate piracy,” McCoy says.

“In addition to hurting one of Britain’s most important industries, they are overwhelmingly likely to harm children and adult consumers through nasty ads, links to adult content with no age verification, scams, fraud and other unpleasantness.”

That McCoy begins with the “piracy is dangerous” approach is definitely not a surprise. This Hollywood and wider video industry strategy is now an open secret. However, it feels a little off that the UK is being asked to further tackle pirate sites.

Through earlier actions, facilitated by the UK legal system and largely sympathetic judges, many thousands of URLs and domains linking to pirate sites, mirrors and proxies, are impossible to access directly through the UK’s major ISPs. Although a few slip through the net, directly accessing the majority of pirate sites in the UK is now impossible.

That’s already a considerable overseas anti-piracy position for the MPA who, as the “international voice” of the Motion Picture Association of America (MPAA), represents American corporations including Disney, Paramount, Sony Pictures, 20th Century Fox, Universal, and Warner Bros.

There’s no comparable blocking system for these companies to use in the United States and rightsholders in the UK can even have extra sites blocked without going back to court for permission. In summary, these US companies arguably get a better anti-piracy deal in the UK than they do at home in the United States.

In his next point, McCoy references last year’s deal – which was reached following considerable pressure from the UK government – between rightsholders and search engines including Google and Bing to demote ‘pirate’ results.

“Building on last year’s voluntary deal with search engines, the Government should stay at the cutting edge of ensuring that everyone in the ecosystem – including search engines, platforms and social media companies – takes a fair share of responsibility,” McCoy says.

While this progress is clearly appreciated by the MPA/MPAA, it’s difficult to ignore that the voluntary arrangement to demote infringing content is somewhat special if not entirely unique. There is definitely nothing comparable in the United States so keeping up the pressure on the UK Government feels a little like getting the good kid in class to behave, while his rowdy peers nearer the chalkboard get ignored.

The same is true for McCoy’s call for the UK to “banish dodgy streaming devices”.

“Illegal streaming devices loaded with piracy apps and malware – not to mention the occasional electrical failure – are proliferating across the UK, to the detriment of consumers and industry,” he writes.

“The sector is still waiting for the Intellectual Property Office to publish the report on its Call for Views on this subject. This will be one of several opportunities, along with the promised Digital Charter, to make clear that these devices and the apps and content they supply are unacceptable, dangerous to consumers, and harmful to the creative industry.”

Again, prompting the UK to stay on top of this game doesn’t feel entirely warranted.

With dozens of actions over the past few years, the Police Intellectual Property Crime Unit and the Federation Against Copyright Theft (which Hollywood ironically dumped in 2016) have done more to tackle the pirate set-top box problem than any group on the other side of the Atlantic.

Admittedly the MPAA is now trying to catch up, with recent prosecutions of two ‘pirate’ box vendors (1,2), but largely the work by the studios on their home turf has been outpaced by that of their counterparts in the UK.

Maybe Hancock will mention that to Hollywood at some point in the future.

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Fighting Ransomware

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

No More Ransom is a central repository of keys and applications for ransomware, so people can recover their data without paying. It’s not complete, of course, but is pretty good against older strains of ransomware. The site is a joint effort by Europol, the Dutch police, Kaspersky, and McAfee.

Pirate Streaming on Facebook is a Seriously Risky Business

Post Syndicated from Andy original https://torrentfreak.com/pirate-streaming-on-facebook-is-a-seriously-risky-business-180114/

For more than a year the British public has been warned about the supposed dangers of Kodi piracy.

Dozens of headlines have claimed consequences ranging from system-destroying malware to prison sentences. Fortunately, most of them can be filed under “tabloid nonsense.”

That being said, there is an extremely important issue that deserves much closer attention, particularly given a shift in the UK legal climate during 2017. We’re talking about live streaming copyrighted content on Facebook, which is both incredibly easy and frighteningly risky.

This week it was revealed that 34-year-old Craig Foster from the UK had been given an ultimatum from Sky to pay a £5,000 settlement fee. The media giant discovered that he’d live-streamed the Anthony Joshua v Wladimir Klitschko fight on Facebook and wanted compensation to make a potential court case disappear.

While it may seem initially odd to use the word, Foster was lucky.

Under last year’s Digital Economy Act, he could’ve been jailed for up to ten years for distributing copyright-infringing content to the public, if he had “reason to believe that communicating the work to the public [would] cause loss to the owner of the copyright, or [would] expose the owner of the copyright to a risk of loss.”

Clearly, as a purchaser of the £19.95 pay-per-view himself, he would’ve appreciated that the event costs money. With that in mind, a court would likely find that he would have been aware that Sky would have been exposed to a “risk of loss”. Sky claim that 4,250 people watched the stream but the way the law is written, no specific level of loss is required for a breach of the law.

But it’s not just the threat of a jail sentence that’s the problem. People streaming live sports on Facebook are sitting ducks.

In Foster’s case, the fight he streamed was watermarked, which means that Sky put a tracking code into it which identified him personally as the buyer of the event. When he (or his friend, as Foster claims) streamed it on Facebook, it was trivial for Sky to capture the watermark and track it back to his Sky account.

Equally, it would be simplicity itself to see that the name on the Sky account had exactly the same name and details as Foster’s Facebook account. So, to most observers, it would appear that not only had Foster purchased the event, but he was also streaming it to Facebook illegally.

It’s important to keep something else in mind. No cooperation between Sky and Facebook would’ve been necessary to obtain Foster’s details. Take the amount of information most people share on Facebook, combine that with the information Sky already had, and the company’s anti-piracy team would have had a very easy job.

Now compare this situation with an upload of the same stream to a torrent site.

While the video capture would still contain Foster’s watermark, which would indicate the source, to prove he also distributed the video Sky would’ve needed to get inside a torrent swarm. From there they would need to capture the IP address of the initial seeder and take the case to court, to force an ISP to hand over that person’s details.

Presuming they were the same person, Sky would have a case, with a broadly similar level of evidence to that presented in the current matter. However, it would’ve taken them months to get their man and cost large sums of money to get there. It’s very unlikely that £5,000 would cover the costs, meaning a much, much bigger bill for the culprit.

Or, confident that Foster was behind the leak based on the watermark alone, Sky could’ve gone straight to the police. That never ends well.

The bottom line is that while live-streaming on Facebook is simplicity itself, people who do it casually from their own account (especially with watermarked content) are asking for trouble.

Nailing Foster was the piracy equivalent of shooting fish in a barrel but the worrying part is that he probably never gave his (or his friend’s…) alleged infringement a second thought. With a click or two, the fight was live and he was staring down the barrel of a potential jail sentence, had Sky not gone the civil route.

It’s scary stuff and not enough is being done to warn people of the consequences. Forget the scare stories attempting to deter people from watching fights or movies on Kodi, thoughtlessly streaming them to the public on social media is the real danger.

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ISP: We’re Cooperating With Police Following Pirate IPTV Raid

Post Syndicated from Andy original https://torrentfreak.com/isp-were-cooperating-with-police-following-pirate-iptv-raid-180113/

This week, police forces around Europe took action against what is believed to be one of the world’s largest pirate IPTV networks.

The investigation, launched a year ago and coordinated by Europol, came to head on Tuesday when police carried out raids in Cyprus, Bulgaria, Greece, and the Netherlands. A fresh announcement from the crime-fighting group reveals the scale of the operation.

It was led by the Cypriot Police – Intellectual Property Crime Unit, with the support of the Cybercrime Division of the Greek Police, the Dutch Fiscal Investigative and Intelligence Service (FIOD), the Cybercrime Unit of the Bulgarian Police, Europol’s Intellectual Property Crime Coordinated Coalition (IPC³), and supported by members of the Audiovisual Anti-Piracy Alliance (AAPA).

In Cyprus, Bulgaria and Greece, 17 house searches were carried out. Three individuals aged 43, 44, and 53 were arrested in Cyprus and one was arrested in Bulgaria.

All stand accused of being involved in an international operation to illegally broadcast around 1,200 channels of pirated content to an estimated 500,000 subscribers. Some of the channels offered were illegally sourced from Sky UK, Bein Sports, Sky Italia, and Sky DE. On Thursday, the three individuals in Cyprus were remanded in custody for seven days.

“The servers used to distribute the channels were shut down, and IP addresses hosted by a Dutch company were also deactivated thanks to the cooperation of the authorities of The Netherlands,” Europol reports.

“In Bulgaria, 84 servers and 70 satellite receivers were seized, with decoders, computers and accounting documents.”

TorrentFreak was previously able to establish that Megabyte-Internet Ltd, an ISP located in the small Bulgarian town Petrich, was targeted by police. The provider went down on Tuesday but returned towards the end of the week. Responding to our earlier inquiries, the company told us more about the situation.

“We are an ISP provider located in Petrich, Bulgaria. We are selling services to around 1,500 end-clients in the Petrich area and surrounding villages,” a spokesperson explained.

“Another part of our business is internet services like dedicated unmanaged servers, hosting, email servers, storage services, and VPNs etc.”

The spokesperson added that some of Megabyte’s equipment is located at Telepoint, Bulgaria’s biggest datacenter, with connectivity to Petrich. During the raid the police seized the company’s hardware to check for evidence of illegal activity.

“We were informed by the police that some of our clients in Petrich and Sofia were using our service for illegal streaming and actions,” the company said.

“Of course, we were not able to know this because our services are unmanaged and root access [to servers] is given to our clients. For this reason any client and anyone that uses our services are responsible for their own actions.”

TorrentFreak asked many more questions, including how many police attended, what type and volume of hardware was seized, and whether anyone was arrested or taken for questioning. But, apart from noting that the police were friendly, the company declined to give us any additional information, revealing that it was not permitted to do so at this stage.

What is clear, however, is that Megabyte-Internet is offering its full cooperation to the authorities. The company says that it cannot be held responsible for the actions of its clients so their details will be handed over as part of the investigation.

“So now we will give to the police any details about these clients because we hold their full details by law. [The police] will find [out about] all the illegal actions from them,” the company concludes, adding that it’s fully operational once more and working with clients.

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Europol Hits Huge 500,000 Subscriber Pirate IPTV Operation

Post Syndicated from Andy original https://torrentfreak.com/europol-hits-huge-500000-subscriber-pirate-iptv-operation-180111/

Live TV is in massive demand but accessing all content in a particular region can be a hugely expensive proposition, with tradtional broadcasting monopolies demanding large subscription fees.

For millions around the world, this ‘problem’ can be easily circumvented. Pirate IPTV operations, which supply thousands of otherwise subscription channels via the Internet, are on the increase. They’re accessible for just a few dollars, euros, or pounds per month, slashing bills versus official providers on a grand scale.

This week, however, police forces around Europe coordinated to target what they claim is one of the world’s largest illicit IPTV operations. The investigation was launched last February by Europol and on Tuesday coordinated actions were carried out in Cyprus, Bulgaria, Greece, and the Netherlands.

Three suspects were arrested in Cyprus – two in Limassol (aged 43 and 44) and one in Larnaca (aged 53). All are alleged to be part of an international operation to illegally broadcast around 1,200 channels of pirated content worldwide. Some of the channels offered were illegally sourced from Sky UK, Bein Sports, Sky Italia, and Sky DE

If initial reports are to be believed, the reach of the IPTV service was huge. Figures usually need to be taken with a pinch of salt but information suggests the service had more than 500,000 subscribers, each paying around 10 euros per month. (Note: how that relates to the alleged five million euros per year in revenue is yet to be made clear)

Police action was spread across the continent, with at least nine separate raids, including in the Netherlands where servers were uncovered. However, it was determined that these were in place to hide the true location of the operation’s main servers. Similar ‘front’ servers were also deployed in other regions.

The main servers behind the IPTV operation were located in Petrich, a small town in Blagoevgrad Province, southwestern Bulgaria. No details have been provided by the authorities but TF is informed that the website of a local ISP, Megabyte-Internet, from where pirate IPTV has been broadcast for at least the past several months, disappeared on Tuesday. It remains offline this morning.

The company did not respond to our request for comment and there’s no suggestion that it’s directly involved in any illegal activity. However, its Autonomous System (AS) number reveals linked IPTV services, none of which appear to be operational today. The ISP is also listed on sites where ‘pirate’ IPTV channel playlists are compiled by users.

According to sources in Cyprus, police requested permission from the Larnaca District Court to detain the arrested individuals for eight days. However, local news outlet Philenews said that any decision would be postponed until this morning, since one of the three suspects, an English Cypriot, required an interpreter which caused a delay.

In addition to prosecutors and defense lawyers, two Dutch investigators from Europol were present in court yesterday. The hearing lasted for six hours and was said to be so intensive that the court stenographer had to be replaced due to overwork.

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Yet Another FBI Proposal for Insecure Communications

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

Deputy Attorney General Rosenstein has given talks where he proposes that tech companies decrease their communications and device security for the benefit of the FBI. In a recent talk, his idea is that tech companies just save a copy of the plaintext:

Law enforcement can also partner with private industry to address a problem we call “Going Dark.” Technology increasingly frustrates traditional law enforcement efforts to collect evidence needed to protect public safety and solve crime. For example, many instant-messaging services now encrypt messages by default. The prevent the police from reading those messages, even if an impartial judge approves their interception.

The problem is especially critical because electronic evidence is necessary for both the investigation of a cyber incident and the prosecution of the perpetrator. If we cannot access data even with lawful process, we are unable to do our job. Our ability to secure systems and prosecute criminals depends on our ability to gather evidence.

I encourage you to carefully consider your company’s interests and how you can work cooperatively with us. Although encryption can help secure your data, it may also prevent law enforcement agencies from protecting your data.

Encryption serves a valuable purpose. It is a foundational element of data security and essential to safeguarding data against cyber-attacks. It is critical to the growth and flourishing of the digital economy, and we support it. I support strong and responsible encryption.

I simply maintain that companies should retain the capability to provide the government unencrypted copies of communications and data stored on devices, when a court orders them to do so.

Responsible encryption is effective secure encryption, coupled with access capabilities. We know encryption can include safeguards. For example, there are systems that include central management of security keys and operating system updates; scanning of content, like your e-mails, for advertising purposes; simulcast of messages to multiple destinations at once; and key recovery when a user forgets the password to decrypt a laptop. No one calls any of those functions a “backdoor.” In fact, those very capabilities are marketed and sought out.

I do not believe that the government should mandate a specific means of ensuring access. The government does not need to micromanage the engineering.

The question is whether to require a particular goal: When a court issues a search warrant or wiretap order to collect evidence of crime, the company should be able to help. The government does not need to hold the key.

Rosenstein is right that many services like Gmail naturally keep plaintext in the cloud. This is something we pointed out in our 2016 paper: “Don’t Panic.” But forcing companies to build an alternate means to access the plaintext that the user can’t control is an enormous vulnerability.

No Level of Copyright Enforcement Will Ever Be Enough For Big Media

Post Syndicated from Andy original https://torrentfreak.com/no-level-of-copyright-enforcement-will-ever-be-enough-for-big-media-180107/

For more than ten years TorrentFreak has documented a continuous stream of piracy battles so it’s natural that, every now and then, we pause to consider when this war might stop. The answer is always “no time soon” and certainly not in 2018.

When swapping files over the Internet first began it wasn’t a particularly widespread activity. A reasonable amount of content was available, but it was relatively inaccessible. Then peer-to-peer came along and it sparked a revolution.

From the beginning, copyright holders felt that the law would answer their problems, whether that was by suing Napster, Kazaa, or even end users. Some industry players genuinely believed this strategy was just a few steps away from achieving its goals. Just a little bit more pressure and all would be under control.

Then, when the landmark MGM Studios v. Grokster decision was handed down in the studios’ favor during 2005, the excitement online was palpable. As copyright holders rejoiced in this body blow for the pirating masses, file-sharing communities literally shook under the weight of the ruling. For a day, maybe two.

For the majority of file-sharers, the ruling meant absolutely nothing. So what if some company could be held responsible for other people’s infringements? Another will come along, outside of the US if need be, people said. They were right not to be concerned – that’s exactly what happened.

Ever since, this cycle has continued. Eager to stem the tide of content being shared without their permission, rightsholders have advocated stronger anti-piracy enforcement and lobbied for more restrictive interpretations of copyright law. Thus far, however, literally nothing has provided a solution.

One would have thought that given the military-style raid on Kim Dotcom’s Megaupload, a huge void would’ve appeared in the sharing landscape. Instead, the file-locker business took itself apart and reinvented itself in jurisdictions outside the United States. Meanwhile, the BitTorrent scene continued in the background, somewhat obliviously.

With the SOPA debacle still fresh in relatively recent memory, copyright holders are still doggedly pursuing their aims. Site-blocking is rampant, advertisers are being pressured into compliance, and ISPs like Cox Communications now find themselves responsible for the infringements of their users. But has any of this caused any fatal damage to the sharing landscape? Not really.

Instead, we’re seeing a rise in the use of streaming sites, each far more accessible to the newcomer than their predecessors and vastly more difficult for copyright holders to police.

Systems built into Kodi are transforming these platforms into a plug-and-play piracy playground, one in which sites skirt US law and users can consume both at will and in complete privacy. Meanwhile, commercial and unauthorized IPTV offerings are gathering momentum, even as rightsholders try to pull them back.

Faced with problems like these we are now seeing calls for even tougher legislation. While groups like the RIAA dream of filtering the Internet, over in the UK a 2017 consultation had copyright holders excited that end users could be criminalized for simply consuming infringing content, let alone distributing it.

While the introduction of both or either of these measures would cause uproar (and rightly so), history tells us that each would fail in its stated aim of stopping piracy. With that eventuality all but guaranteed, calls for even tougher legislation are being readied for later down the line.

In short, there is no law that can stop piracy and therefore no law that will stop the entertainment industries coming back for harsher measures, pursuing the dream. This much we’ve established from close to two decades of litigation and little to no progress.

But really, is anyone genuinely surprised that they’re still taking this route? Draconian efforts to maintain control over the distribution of content predate the file-sharing wars by a couple of hundred years, at the very least. Why would rightsholders stop now, when the prize is even more valuable?

No one wants a minefield of copyright law. No one wants a restricted Internet. No one wants extended liability for innovators, service providers, or the public. But this is what we’ll get if this problem isn’t solved soon. Something drastic needs to happen, but who will be brave enough to admit it, let alone do something about it?

During a discussion about piracy last year on the BBC, the interviewer challenged a caller who freely admitted to pirating sports content online. The caller’s response was clear:

For far too long, broadcasters and rightsholders have abused their monopoly position, charging ever-increasing amounts for popular content, even while making billions. Piracy is a natural response to that, and effectively a chance for the little guy to get back some control, he argued.

Exactly the same happened in the music market during the late 1990s and 2000s. In response to artificial restriction of the market and the unrealistic hiking of prices, people turned to peer-to-peer networks for their fix. Thanks to this pressure but after years of turmoil, services like Spotify emerged, converting millions of former pirates in the process. Netflix, it appears, is attempting to do the same thing with video.

When people feel that they aren’t getting ripped off and that they have no further use for sub-standard piracy services in the face of stunning legal alternatives, things will change. But be under no illusion, people won’t be bullied there.

If we end up with an Internet stifled in favor of rightsholders, one in which service providers are too scared to innovate, the next generation of consumers will never forget. This will be a major problem for two key reasons. Not only will consumers become enemies but piracy will still exist. We will have come full circle, fueled only by division and hatred.

It’s a natural response to reject monopolistic behavior and it’s a natural response, for most, to be fair when treated with fairness. Destroying freedom is far from fair and will not create a better future – for anyone.

Laws have their place, no sane person will argue against that, but when the entertainment industries are making billions yet still want more, they’ll have to decide whether this will go on forever with building resentment, or if making a bit less profit now makes more sense longer term.

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

IPTV Provider Stops Selling New Subscriptions Under Pressure From “UK Authorities”

Post Syndicated from Andy original https://torrentfreak.com/iptv-provider-stops-selling-new-subscriptions-under-pressure-from-uk-authorities-171224/

Over the past couple of decades, piracy of live TV has broadly taken two forms. That which relies on breaking broadcaster encryption (such as card sharing and hacked set-top boxes), and the more recent developments of P2P and IPTV-style transmission.

With the former under pressure and P2P systems such as Sopcast and AceTorrent moving along in the background, streaming from servers is now the next big thing, whether that’s for free via third-party Kodi plugins or for a small fee from premium IPTV providers.

Of course, copyright holders don’t like any of this usage but with their for-profit strategy, commercial IPTV providers have a big target on their backs. More evidence of this was revealed recently when UK-based IPTV service ACE TV announced they were taking action to avoid problems in the country.

In a message to prospective and existing customers, ACE TV said that potential legal issues were behind its decision to accept no new customers while locking down its service.

“It saddens me to announce this, but due to pressure from the authorities in the UK, we are no longer selling new subscriptions. This obviously includes trials,” the announcement reads.

Noting that it would take new order for just 24 hours more, ACE TV insisted that it wasn’t shutting down but would lock down the service while closing Facebook.

TF sources and unconfirmed rumors online suggest that the Federation Against Copyright Theft and partners the Premier League are involved. However, ACE TV didn’t respond to TorrentFreak’s request for comment so we’re unable to confirm or deny the allegations.

That being said, even if the threats came directly from the police, it’s likely that the approach would’ve been initially prompted by companies connected to FACT, since the anti-piracy outfit often puts forward names of services for investigation on behalf of its partners.

Perhaps surprisingly, ACE TV is legally incorporated in the UK as Ace Hosting Limited, a fact it makes clear on its website. While easy to find, the company’s registered address is shared by dozens of other companies, indicating a mail forwarding operation rather than a place servers or staff can be found.

This proxy location may well be the reason the company feels emboldened to carry on some level of service rather than shutting down completely, but its legal basis for doing so is interesting at best, precarious at worst.

“This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law,” ACE TV’s website reads.

“The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.”

It seems likely that ACE TV has been threatened under UK law, since that’s where it’s incorporated. That would seem to explain why its concerned about UK authorities and their potential effect on the business. On the other hand, however, the service claims to operate entirely legally, but under the laws of the United States. It even has a repeat infringer policy.

“Ace Hosting operates as an intermediary to cache and deliver content hosted by others at the instruction of our subscribers. We cannot remove content hosted by others,” the company says.

“As an intermediary, we are entitled to rely upon (among other things) the DMCA safe harbor available to system caching service providers and we maintain policies and procedures to terminate subscribers that would be considered repeat infringers under the DMCA.”

Whether the notices on the site have been advised by a legal professional or are there to present an air of authenticity is unclear but it’s precarious for a service of this nature to rely solely on conduit status in order to avoid liability.

Marketing, prior conduct, and overall intent play a major role in such cases and when all of that is aired in the cold light of day, the situation can look very different to a judge, particularly in the UK, where no similar cases have been successfully defended to date.

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

Swedish Police Set to Take Over Pirate Bay Domains

Post Syndicated from Andy original https://torrentfreak.com/swedish-police-set-to-take-over-pirate-bay-domains-171222/

Way back in 2013, anti-piracy prosecutor Fredrik Ingblad filed a motion targeting two key Pirate Bay domain names – ThePirateBay.se and PirateBay.se.

Ingblad filed a complaint against Punkt SE (IIS), the organization responsible for Sweden’s top level .SE domain, arguing that the domains are tools that The Pirate Bay uses to infringe copyright.

In April 2015 the case was heard and a month later the Stockholm District Court ruled that The Pirate Bay should forfeit both ThePirateBay.se and PirateBay.se to the state. The case later went to appeal.

In May 2016, the Svea Court of Appeal handed down its decision which upheld the decision of the Stockholm District Court, finding that since they assisted with crimes, the domains could be seized.

With that established a question remained – should the domains be seized from Pirate Bay co-founder and domain owner Fredrik Neij or from IIS, the organization responsible for Sweden’s top-level .SE domain?

The Court subsequently found that domain names should be considered a type of intellectual property, property owned by the purchaser of the domain. In this case, therefore, IIS was not considered the owner of the Pirate Bay domains, Fredrik Neij was.

Neij subsequently appealed to the Supreme Court, arguing that the District Court and the Court of Appeal wrongly concluded that a domain name is a type of property that can be confiscated.

Today the Supreme Court handed down its decision, siding with the lower courts and determining that the domains – ThePirateBay.se and PirateBay.se – can indeed be seized by the state.

“The Supreme Court declares that the right to domain names constitutes property that may be forfeited as the Court of Appeal previously found,” its judgment reads.

Since the decision was handed down, things have been moving quickly. Kjetil Jensen of Online Group, the parent company of domain registry Binero, informs TorrentFreak that the police have already moved to take over the domains in question.

“Today Binero, Binero.se, (registrar for thepiratebay.se and piratebay.se) received an executive request from Swedish Police to take over ownership of the domain names thepiratebay.se and piratebay.se because the Swedish Supreme Court now allows the domain names to be seized,” Jensen says.

“The WHOIS of the domain names shows that the domain names no longer have any active name servers and the next step in this process is that the Police will take over the ownership of the domain names.”

WHOIS entry for ThePirateBay.se

While Binero will cooperate with the authorities, the company doesn’t believe that seizure will solve the online copyright infringement problem.

“Binero considers that the confiscation of a domain name is an ineffective approach to prevent criminal activity on the internet,” Jensen says.

“Moving a site to another top-level domain is very easy. And even if you want to close the domain, content is still available over the internet, using both the IP address and search engines etc.”

Indeed, The Pirate Bay saw this day coming a long way off and has already completely migrated to its original domain, ThePirateBay.org.

Despite the ruling, the site remains fully accessible, but it appears a line has been drawn in the sand in Sweden when it comes to domains that are used to break the law. They will be easier to seize in future, thanks to this lengthy legal process.

The judgment is available here (PDF, Swedish)

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