Tag Archives: Premier League

When Joe Public Becomes a Commercial Pirate, a Little Knowledge is Dangerous

Post Syndicated from Andy original https://torrentfreak.com/joe-public-becomes-commercial-pirate-little-knowledge-dangerous-180603/

Back in March and just a few hours before the Anthony Joshua v Joseph Parker fight, I got chatting with some fellow fans in the local pub. While some were intending to pay for the fight, others were going down the Kodi route.

Soon after the conversation switched to IPTV. One of the guys had a subscription and he said that his supplier would be along shortly if anyone wanted a package to watch the fight at home. Of course, I was curious to hear what he had to say since it’s not often this kind of thing is offered ‘offline’.

The guy revealed that he sold more or less exclusively on eBay and called up the page on his phone to show me. The listing made interesting reading.

In common with hundreds of similar IPTV subscription offers easily findable on eBay, the listing offered “All the sports and films you need plus VOD and main UK channels” for the sum of just under £60 per year, which is fairly cheap in the current market. With a non-committal “hmmm” I asked a bit more about the guy’s business and surprisingly he was happy to provide some details.

Like many people offering such packages, the guy was a reseller of someone else’s product. He also insisted that selling access to copyrighted content is OK because it sits in a “gray area”. It’s also easy to keep listings up on eBay, he assured me, as long as a few simple rules are adhered to. Right, this should be interesting.

First of all, sellers shouldn’t be “too obvious” he advised, noting that individual channels or channel lists shouldn’t be listed on the site. Fair enough, but then he said the most important thing of all is to have a disclaimer like his in any listing, written as follows:

“PLEASE NOTE EBAY: THIS IS NOT A DE SCRAMBLER SERVICE, I AM NOT SELLING ANY ILLEGAL CHANNELS OR CHANNEL LISTS NOR DO I REPRESENT ANY MEDIA COMPANY NOR HAVE ACCESS TO ANY OF THEIR CONTENTS. NO TRADEMARK HAS BEEN INFRINGED. DO NOT REMOVE LISTING AS IT IS IN ACCORDANCE WITH EBAY POLICIES.”

Apparently, this paragraph is crucial to keeping listings up on eBay and is the equivalent of kryptonite when it comes to deflecting copyright holders, police, and Trading Standards. Sure enough, a few seconds with Google reveals the same wording on dozens of eBay listings and those offering IPTV subscriptions on external platforms.

It is, of course, absolutely worthless but the IPTV seller insisted otherwise, noting he’d sold “thousands” of subscriptions through eBay without any problems. While a similar logic can be applied to garlic and vampires, a second disclaimer found on many other illicit IPTV subscription listings treads an even more bizarre path.

“THE PRODUCTS OFFERED CAN NOT BE USED TO DESCRAMBLE OR OTHERWISE ENABLE ACCESS TO CABLE OR SATELLITE TELEVISION PROGRAMS THAT BYPASSES PAYMENT TO THE SERVICE PROVIDER. RECEIVING SUBSCRIPTION/BASED TV AIRTIME IS ILLEGAL WITHOUT PAYING FOR IT.”

This disclaimer (which apparently no sellers displaying it have ever read) seems to be have been culled from the Zgemma site, which advertises a receiving device which can technically receive pirate IPTV services but wasn’t designed for the purpose. In that context, the disclaimer makes sense but when applied to dedicated pirate IPTV subscriptions, it’s absolutely ridiculous.

It’s unclear why so many sellers on eBay, Gumtree, Craigslist and other platforms think that these disclaimers are useful. It leads one to the likely conclusion that these aren’t hardcore pirates at all but regular people simply out to make a bit of extra cash who have received bad advice.

What is clear, however, is that selling access to thousands of otherwise subscription channels without permission from copyright owners is definitely illegal in the EU. The European Court of Justice says so (1,2) and it’s been backed up by subsequent cases in the Netherlands.

While the odds of getting criminally prosecuted or sued for reselling such a service are relatively slim, it’s worrying that in 2018 people still believe that doing so is made legal by the inclusion of a paragraph of text. It’s even more worrying that these individuals apparently have no idea of the serious consequences should they become singled out for legal action.

Even more surprisingly, TorrentFreak spoke with a handful of IPTV suppliers higher up the chain who also told us that what they are doing is legal. A couple claimed to be protected by communication intermediary laws, others didn’t want to go into details. Most stopped responding to emails on the topic. Perhaps most tellingly, none wanted to go on the record.

The big take-home here is that following some important EU rulings, knowingly linking to copyrighted content for profit is nearly always illegal in Europe and leaves people open for targeting by copyright holders and the authorities. People really should be aware of that, especially the little guy making a little extra pocket money on eBay.

Of course, people are perfectly entitled to carry on regardless and test the limits of the law when things go wrong. At this point, however, it’s probably worth noting that IPTV provider Ace Hosting recently handed over £600,000 rather than fight the Premier League (1,2) when they clearly had the money to put up a defense.

Given their effectiveness, perhaps they should’ve put up a disclaimer instead?

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

Hong Kong Customs Arrest Pirate Streaming Device Vendors

Post Syndicated from Andy original https://torrentfreak.com/hong-kong-customs-arrest-pirate-streaming-device-vendors-180529/

As Internet-capable set-top boxes pour into homes across all populated continents, authorities seem almost powerless to come up with a significant response to the growing threat.

In standard form these devices, which are often Android-based, are entirely legal. However, when configured with specialist software they become piracy powerhouses providing access to all content imaginable, often at copyright holders’ expense.

A large proportion of these devices come from Asia, China in particular, but it’s relatively rare to hear of enforcement action in that part of the world. That changed this week with an announcement from Hong Kong customs detailing a series of raids in the areas of Sham Shui Po and Wan Chai.

After conducting an in-depth investigation with the assistance of copyright holders, on May 25 and 26 Customs and Excise officers launched Operation Trojan Horse, carrying out a series of raids on four premises selling suspected piracy-configured set-top boxes.

During the operation, officers arrested seven men and one woman aged between 18 and 45. Four of them were shop owners and the other four were salespeople. Around 354 suspected ‘pirate’ boxes were seized with an estimated market value of HK$320,000 (US$40,700).

“In the past few months, the department has stepped up inspections of hotspots for TV set-top boxes,” a statement from authorities reads.

“We have discovered that some shops have sold suspected illegal set-top boxes that bypass the copyright protection measures imposed by copyright holders of pay television programs allowing people to watch pay television programs for free.”

Some of the devices seized by Hong Kong Customs

During a press conference yesterday, a representative from the Customs Copyright and Trademark Investigations (Action) Division said that in the run up to the World Cup in 2018, measures against copyright infringement will be strengthened both on and online.

The announcement was welcomed by the Cable and Satellite Broadcasting Association of Asia’s (CASBAA) Coalition Against Piracy, which is back by industry heavyweights including Disney, Fox, HBO Asia, NBCUniversal, Premier League, Turner Asia-Pacific, A&E Networks, Astro, BBC Worldwide, National Basketball Association, TV5MONDE, Viacom International, and others.

“We commend the great work of Hong Kong Customs in clamping down on syndicates who profit from the sale of Illicit Streaming Devices,” said General Manager Neil Gane.

“The prevalence of ISDs in Hong Kong and across South East Asia is staggering. The criminals who sell ISDs, as well as those who operate the ISD networks and pirate websites, are profiting from the hard work of talented creators, seriously damaging the legitimate content ecosystem as well as exposing consumers to dangerous malware.”

Malware warnings are very prevalent these days but it’s not something the majority of set-top box owners have a problem with. Indeed, a study carried by Sycamore Research found that pirates aren’t easily deterred by such warnings.

Nevertheless, there are definite risks for individuals selling devices when they’re configured for piracy.

Recent cases, particularly in the UK, have shown that hefty jail sentences can hit offenders while over in the United States (1,2,3), lawsuits filed by the Alliance for Creativity and Entertainment (ACE) have the potential to end in unfavorable rulings for multiple defendants.

Although rarely reported, offenders in Hong Kong also face stiff sentences for this kind of infringement including large fines and custodial sentences of up to four years.

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

Pirate IPTV Service Gave Customer Details to Premier League, But What’s the Risk?

Post Syndicated from Andy original https://torrentfreak.com/pirate-iptv-service-gave-customer-details-to-premier-league-but-whats-the-risk-180515/

In a report last weekend, we documented what appear to be the final days of pirate IPTV provider Ace Hosting.

From information provided by several sources including official liquidation documents, it became clear that a previously successful and profitable Ace had succumbed to pressure from the Premier League, which accused the service of copyright infringement.

The company had considerable funds in the bank – £255,472.00 to be exact – but it also had debts of £717,278.84, including £260,000 owed to HMRC and £100,000 to the Premier League as part of a settlement agreement.

Information received by TF late Sunday suggested that £100K was the tip of the iceberg as far as the Premier League was concerned and in a statement yesterday, the football outfit confirmed that was the case.

“A renowned pirate of Premier League content to consumers has been forced to liquidate after agreeing to pay £600,000 for breaching the League’s copyright,” the Premier League announced.

“Ace IPTV, run by Craig Driscoll and Ian Isaac, was selling subscriptions to illegal Premier League streams directly to consumers which allowed viewing on a range of devices, including notorious Kodi-type boxes, as well as to smaller resellers in the UK and abroad.”

Sources familiar with the case suggest that while Ace Hosting Limited didn’t have the funds to pay the Premier League the full £600K, Ace’s operators agreed to pay (and have already paid, to some extent at least) what were essentially their own funds to cover amounts above the final £100K, which is due to be paid next year.

But that’s not the only thing that’s been handed over to the Premier League.

“Ace voluntarily disclosed the personal details of their customers, which the League will now review in compliance with data protection legislation. Further investigations will be conducted, and action taken where appropriate,” the Premier League added.

So, the big question now is how exposed Ace’s former subscribers are.

The truth is that only the Premier League knows for sure but TF has been able to obtain information from several sources which indicate that former subscribers probably aren’t the Premier League’s key interest and even if they were, information obtained on them would be of limited use.

According to a source with knowledge of how a system like Ace’s works, there is a separation of data which appears to help (at least to some degree) with the subscriber’s privacy.

“The system used to manage accounts and take payment is actually completely separate from the software used to manage streams and the lines themselves. They are never usually even on the same server so are two very different databases,” he told TF.

“So at best the only information that has voluntarily been provided to the [Premier League], is just your email, name and address (assuming you even used real details) and what hosting package or credits you bought.”

While this information is bad enough, the action against Ace is targeted, in that it focuses on the Premier League’s content and how Ace (and therefore its users) infringed on the football outfit’s copyrights. So, proving that subscribers actually watched any Premier League content would be an ideal position but it’s not straightforward, despite the potential for detailed logging.

“The management system contains no history of what you watched, when you watched it, when you signed in and so on. That is all contained in a different database on a different server.

“Because every connection is recorded [on the second server], it can create some two million entries a day and as such most providers either turn off this feature or delete the logs daily as having so many entries slows down the system down used for actual streams,” he explains.

Our source says that this data would likely to have been the first to be deleted and is probably “long gone” by now. However, even if the Premier League had obtained it, it’s unlikely they would be able to do much with it due to data protection laws.

“The information was passed to the [Premier League] voluntarily by ACE which means this information has been given from one entity to another without the end users’ consent, not part of the [creditors’ voluntary liquidation] and without a court order to support it. Data Protection right now is taken very seriously in the EU,” he notes.

At this point, it’s probably worth noting that while the word “voluntarily” has been used several times to explain the manner in which Ace handed over its subscribers’ details to the Premier League, the same word can be used to describe the manner in which the £600K settlement amount will be paid.

No one forces someone to pay or hand something over, that’s what the courts are for, and the aim here was to avoid that eventuality.

Other pieces of information culled from various sources suggest that PayPal payment information, limited to amounts only, was also handed over to the Premier League. And, perhaps most importantly (and perhaps predictably) as far as former subscribers are concerned, the football group was more interested in Ace’s upwards supplier chain (the ‘wholesale’ stream suppliers used, for example) than those buying the service.

Finally, while the Premier League is now seeking to send a message to customers that these services are risky to use, it’s difficult to argue with the assertion that it’s unsafe to hand over personal details to an illegal service.

“Ace IPTV’s collapse also highlighted the risk consumers take with their personal data when they sign up to illegal streaming services,” Premier League notes.

TF spoke with three IPTV providers who all confirmed that they don’t care what names and addresses people use to sign up with and that no checks are carried out to make sure they’re correct. However, one concedes that in order to run as a business, this information has to be requested and once a customer types it in, it’s possible that it could be handed over as part of a settlement.

“I’m not going to tell people to put in dummy details, how can I? It’s up to people to use their common sense. If they’re still worried they should give Sky their money because if our backs are against the wall, what do you think is going to happen?” he concludes.

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

Pirate IPTV Service Goes Bust After Premier League Deal, Exposing Users

Post Syndicated from Andy original https://torrentfreak.com/pirate-iptv-service-goes-bust-after-premier-league-deal-exposing-users-180913/

For those out of the loop, unauthorized IPTV services offering many thousands of unlicensed channels have been gaining in popularity in recent years. They’re relatively cheap, fairly reliable, and offer acceptable levels of service.

They are, however, a huge thorn in the side of rightsholders who are desperate to bring them to their knees. One such organization is the UK’s Premier League, which has been disrupting IPTV services over the past year, hoping they’ll shut down.

Most have simply ridden the wave of blocks but one provider, Ace Hosting in the UK, showed signs of stress last year, revealing that it would no longer sell new subscriptions. There was little doubt in most people’s minds that the Premier League had gotten uncomfortably close to the IPTV provider.

Now, many months later, the amazing story can be told. It’s both incredible and shocking and will leave many shaking their heads in disbelief. First up, some background.

Doing things ‘properly’ – incorporation of a pirate service…

Considering how most operators of questionable services like to stay in the shade, it may come as a surprise to learn that Ace Hosting Limited is a proper company. Incorporated and registered at Companies House on January 3, 2017, Ace has two registered directors – family team Ian and Judith Isaac.

In common with several other IPTV operators in the UK who are also officially registered with the authorities, Ace Hosting has never filed any meaningful accounts. There’s a theory that the corporate structure is basically one of convenience, one that allows for the handling of large volumes of cash while limiting liability. The downside, of course, is that people are often more easily identified, in part due to the comprehensive paper trail.

Thanks to what can only be described as a slow-motion train wreck, the Ace Hosting debacle is revealing a bewildering set of circumstances. Last December, when Ace said it would stop signing up new members due to legal pressure, a serious copyright threat had already been filed against it.

Premier League v Ace Hosting

Documents seen by TorrentFreak reveal that the Premier League sent legal threats to Ace Hosting on December 15, 2017, just days before the subscription closure announcement. Somewhat surprisingly, Ace apparently felt it could pay the Premier League a damages amount and keep on trading.

But early March 2018, with the Premier League threatening Ace with all kinds of bad things, the company made a strange announcement.

“The ISPs in the UK and across Europe have recently become much more aggressive in blocking our service while football games are in progress,” Ace said in a statement.

“In order to get ourselves off of the ISP blacklist we are going to black out the EPL games for all users (including VPN users) starting on Monday. We believe that this will enable us to rebuild the bypass process and successfully provide you with all EPL games.”

It seems doubtful that Ace really intended to thumb its nose at the Premier League but it had continued to sell subscriptions since receiving threats in December, so all things seemed possible. But on March 24 that all changed, when Ace effectively announced its closure.

Premier League 1, Ace Hosting 0

“It is with sorrow that we announce that we are no longer accepting renewals, upgrades to existing subscriptions or the purchase of new credits. We plan to support existing subscriptions until they expire,” the team wrote.

“EPL games including highlights continue to be blocked and are not expected to be reinstated before the end of the season.”

Indeed, just days later the Premier League demanded a six-figure settlement sum from Ace Hosting, presumably to make a lawsuit disappear. It was the straw that broke the camel’s back.

“When the proposed damages amount was received it was clear that the Company would not be able to cover the cost and that there was a very high probability that even with a negotiated settlement that the Company was insolvent,” documents relating to Ace’s liquidation read.

At this point, Ace says it immediately ceased trading but while torrent sites usually shut down and disappear into the night, Ace’s demise is now a matter of record.

Creditors – the good, the bad, and the ugly

On April 11, 2018, Ace’s directors contacted business recovery and insolvency specialists Begbies Traynor (Central) LLP to obtain advice on the company’s financial position. Begbies Traynor was instructed by Ace on April 23 and on May 8, Ace Hosting director Ian Isaac determined that his company could not pay its debts.

First the good news. According to an official report, Ace Hosting has considerable cash in the bank – £255,472.00 to be exact. Now the bad news – Ace has debts of £717,278.84. – the details of which are intriguing to say the least.

First up, Ace has ‘trade creditors’ to whom it owes £104,356. The vast majority of this sum is a settlement Ace agreed to pay to the Premier League.

“The directors entered into a settlement agreement with the Football Association Premier League Limited prior to placing the Company into liquidation as a result of a purported copyright infringement. However, there is a residual claim from the Football Association Premier League Limited which is included within trade creditors totaling £100,000,” Ace’s statement of affairs reads.

Bizarrely (given the nature of the business, at least) Ace also owes £260,000 to Her Majesty’s Revenue and Customs (HMRC) in unpaid VAT and corporation tax, which is effectively the government’s cut of the pirate IPTV business’s labors.

Former Ace Hosting subscriber? Your cash is as good as gone

Finally – and this is where things get a bit sweaty for Joe Public – there are 15,768 “consumer creditors”, split between ‘retail’ and ‘business’ customers of the service. Together they are owed a staggering £353,000.

Although the documentation isn’t explicit, retail customers appear to be people who have purchased an Ace IPTV subscription that still had time to run when the service closed down. Business customers seem likely to be resellers of the service, who purchased ‘credits’ and didn’t get time to sell them before Ace disappeared.

The poison chalice here is that those who are owed money by Ace can actually apply to get some of it back, but that could be extremely risky.

“Creditor claims have not yet been adjudicated but we estimate that the majority of customers who paid for subscription services will receive less than £3 if there is a distribution to unsecured creditors. Furthermore, customer details will be passed to the relevant authorities if there is any suggestion of unlawful conduct,” documentation reads.

We spoke with a former Ace customer who had this to say about the situation.

“It was generally a good service notwithstanding their half-arsed attempts to evade the EPL block. At its heart there were people who seemed to know how to operate a decent service, although the customer-facing side of things was not the greatest,” he said.

“And no, I won’t be claiming a refund. I went into it with my eyes fully open so I don’t hold anyone responsible, except myself. In any case, anyone who wants a refund has to complete a claim form and provide proof of ID (LOL).”

The bad news for former subscribers continues…potentially

While it’s likely that most people will forgo their £3, the bad news isn’t over for subscribers. Begbies Traynor is warning that the liquidators will decide whether to hand over subscribers’ personal details to the Premier League and/or the authorities.

In any event, sometime in the next couple of weeks the names and addresses of all subscribers will be made “available for inspection” at an address in Wiltshire for two days, meaning that any interested parties could potentially gain access to sensitive information.

The bottom line is that Ace Hosting is in the red to the tune of £461,907 and will eventually disappear into the bowels of history. Whether its operators will have to answer for their conduct will remain to be seen but it seems unimaginable at this stage that things will end well.

Subscribers probably won’t get sucked in but in a story as bizarre as this one, anything could yet happen.

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

Pirate IPTV Blocking Case is No Slam Dunk Says Federal Court Judge

Post Syndicated from Andy original https://torrentfreak.com/pirate-iptv-blocking-case-is-no-slam-dunk-says-federal-court-judge-180502/

Last year, Hong Kong-based broadcaster Television Broadcasts Limited (TVB) applied for a blocking injunction against several unauthorized IPTV services.

Under the Copyright Act, the broadcaster asked the Federal Court to order ISPs including Telstra, Optus, Vocus, and TPG plus their subsidiaries to block access to seven Android-based services named as A1, BlueTV, EVPAD, FunTV, MoonBox, Unblock, and hTV5.

Unlike torrent site and streaming portal blocks granted earlier, it soon became clear that this case would present unique difficulties. TVB not only wants Internet locations (URLs, domains, IP addresses) related to the technical operation of the services blocked, but also hosting services akin to Google Play and Apple’s App Store that host the app.

Furthermore, it is far from clear whether China-focused live programming is eligible for copyright protection in Australia. If China had been a party to the 1961 Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, it would receive protection. As it stands, it does not.

That causes complications in respect of Section 115a of the Copyright Act which allows rightsholders to apply for an injunction to have “overseas online locations” blocked if they facilitate access to copyrighted content. Furthermore, the section requires that the “primary purpose” of the location is to infringe copyrights recognized in Australia. If it does not, then there’s no blocking option available.

“If most of what is occurring here is a reproduction of broadcasts that are not protected by copyright, then the primary purpose is not to facilitate copyright infringement,” Justice Nicholas said in April.

This morning TVB returned to Federal Court for a scheduled hearing. The ISPs were a no-show again, leaving the broadcaster’s legal team to battle it out with Justice Nicholas alone. According to details published by ComputerWorld, he isn’t making it easy for the overseas company.

The Judge put it to TVB that “the purpose of this system [the set-top boxes] is to make available a broadcast that’s not copyright protected in this country, in this country,” he said.

“If 10 per cent of the content was infringing content, how could you say the primary purpose is infringing copyright?” the Judge asked.

But despite the Judge’s reservations, TVB believes that the pirate IPTV services clearly infringe its rights, since alongside live programming, the devices also reproduce TVB movies which do receive protection in Australia. However, the company is also getting creative in an effort to sidestep the ‘live TV’ conundrum.

TVB counsel Julian Cooke told the Court that live TVB broadcasts are first reproduced on foreign servers from where they are communicated to set-top devices in Australia with a delay of between one and four minutes. This is a common feature of all pirate IPTV services which potentially calls into question the nature of the ‘live’ broadcasts. The same servers also carry recorded content too, he argued.

“Because the way the system is set up, it compounds itself … in a number of instances, a particular domain name, which we refer to as the portal target domain name, allows a communication path not just to live TV, but it’s also the communication path to other applications such as replay and video on demand,” Cooke said, as quoted by ZDNet.

Cooke told the Court that he wasn’t sure whether the threshold for “primary purpose” was set at 50% of infringing content but noted that the majority of the content available through the boxes is infringing and the nature of the servers is even more pronounced.

“It compounds the submission that the primary purpose of the online location which is the facilitating server is to facilitate the infringement of copyright using that communication path,” he said.

As TF predicted in our earlier coverage, TVB today got creative by highlighting other content that it does receive copyright protection for in Australia. Previously in the UK, the Premier League successfully stated that it owns copyright in the logos presented in a live broadcast.

This morning, Cooke told the court that TVB “literary works” – scripts used on news shows and subtitling services – receive copyright protection in Australia so urged the Court to consider the full package.

“If one had concerns about live TV, one shouldn’t based on the analysis we’ve done … if one adds that live TV infringements together with video on demand together with replay, there could be no doubt that the primary purpose of the online locations is to infringe copyright,” he said.

Due to the apparent complexity of the case, Justice Nicholas reserved his decision, telling TVB that his ruling could take a couple of months after receiving his “close attention.”

Last week, Village Roadshow and several major Hollywood studios won a blocking injunction against a different pirate IPTV service. HD Subs Plus delivers around 600 live premium channels plus hundreds of movies on demand, but the service will now be blocked by ISPs across Australia.

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

Danish Traffic to Pirate Sites Increases 67% in Just a Year

Post Syndicated from Andy original https://torrentfreak.com/danish-traffic-to-pirate-sites-increases-67-in-just-a-year-180501/

For close to 20 years, rightsholders have tried to stem the tide of mainstream Internet piracy. Yet despite increasingly powerful enforcement tools, infringement continues on a grand scale.

While the problem is global, rightsholder groups often zoom in on their home turf, to see how the fight is progressing locally. Covering Denmark, the Rights Alliance Data Report 2017 paints a fairly pessimistic picture.

Published this week, the industry study – which uses SimilarWeb and MarkMonitor data – finds that Danes visited 2,000 leading pirate sites 596 million times in 2017. That represents a 67% increase over the 356 million visits to unlicensed platforms made by citizens during 2016.

The report notes that, at least in part, this explosive growth can be attributed to mobile-compatible sites and services, which make it easier than ever to consume illicit content on the move, as well as at home.

In a sea of unauthorized streaming sites, Rights Alliance highlights one platform above all the others as a particularly bad influence in 2017 – 123movies (also known as GoMovies and GoStream, among others).

“The popularity of this service rose sharply in 2017 from 40 million visits in 2016 to 175 million visits in 2017 – an increase of 337 percent, of which most of the traffic originates from mobile devices,” the report notes.

123movies recently announced its closure but before that the platform was subjected to web-blocking in several jurisdictions.

Rights Alliance says that Denmark has one of the most effective blocking systems in the world but that still doesn’t stop huge numbers of people from consuming pirate content from sites that aren’t yet blocked.

“Traffic to infringing sites is overwhelming, and therefore blocking a few sites merely takes the top of the illegal activities,” Rights Alliance chief Maria Fredenslund informs TorrentFreak.

“Blocking is effective by stopping 75% of traffic to blocked sites but certainly, an upscaled effort is necessary.”

Rights Alliance also views the promotion of legal services as crucial to its anti-piracy strategy so when people visit a blocked site, they’re also directed towards legitimate platforms.

“That is why we are working at the moment with Denmark’s Ministry of Culture and ISPs on a campaign ‘Share With Care 2′ which promotes legal services e.g. by offering a search function for legal services which will be placed in combination with the signs that are put on blocked websites,” the anti-piracy group notes.

But even with such measures in place, the thirst for unlicensed content is great. In 2017 alone, 500 of the most popular films and TV shows were downloaded from P2P networks like BitTorrent more than 15 million times from Danish IP addresses, that’s up from 11.9 million in 2016.

Given the dramatic rise in visits to pirate sites overall, the suggestion is that plenty of consumers are still getting through. Rights Alliance says that the number of people being restricted is also hampered by people who don’t use their ISP’s DNS service, which is the method used to block sites in Denmark.

Additionally, interest in VPNs and similar anonymization and bypass-capable technologies is on the increase. Between 3.5% and 5% of Danish Internet users currently use a VPN, a number that’s expected to go up. Furthermore, Rights Alliance reports greater interest in “closed” pirate communities.

“The data is based on closed [BitTorrent] networks. We also address the challenges with private communities on Facebook and other [social media] platforms,” Fredenslund explains.

“Due to the closed doors of these platforms it is not possible for us to say anything precisely about the amount of infringing activities there. However, we receive an increasing number of notices from our members who discover that their products are distributed illegally and also we do an increased monitoring of these platforms.”

But while more established technologies such as torrents and regular web-streaming continue in considerable volumes, newer IPTV-style services accessible via apps and dedicated platforms are also gaining traction.

“The volume of visitors to these services’ websites has been sharply rising in 2017 – an increase of 84 percent from January to December,” Rights Alliance notes.

“Even though the number of visitors does not say anything about actual consumption, as users usually only visit pages one time to download the program, the number gives an indication that the interest in IPTV is increasing.”

To combat this growth market, Rights Alliance says it wants to establish web-blockades against sites hosting the software applications.

Also on the up are visits to platforms offering live sports illegally. In 2017, Danish IP addresses made 2.96 million visits to these services, corresponding to almost 250,000 visits per month and representing an annual increase of 28%.

Rights Alliance informs TF that in future a ‘live’ blocking mechanism similar to the one used by the Premier League in the UK could be deployed in Denmark.

“We already have a dynamic blocking system, and we see an increasing demand for illegal TV products, so this could be a natural next step,” Fredenslund explains.

Another small but perhaps significant detail is how users are accessing pirate sites. According to the report, large volumes of people are now visiting platforms directly, with more than 50% doing so in preference to referrals from search engines such as Google.

In terms of deterrence, the Rights Alliance report sticks to the tried-and-tested approaches seen so often in the anti-piracy arena.

Firstly, the group notes that it’s increasingly encountering people who are paying for legal services such as Netflix and Spotify so believe that allows them to grab something extra from a pirate site. However, in common with similar organizations globally, the group counters that pirate sites can serve malware or have other nefarious business interests behind the scenes, so people should stay away.

Whether significant volumes will heed this advice will remain to be seen but if a 67% increase last year is any predictor of the future, piracy is here to stay – and then some. Rights Alliance says it is ready for the challenge but will need some assistance to achieve its goals.

“As it is evident from the traffic data, criminal activities are not something that we, private companies (right holders in cooperation with ISPs), can handle alone,” Fredenslund says.

“Therefore, we are very pleased that DK Government recently announced that the IP taskforce which was set down as a trial period has now been made permanent. In that regard it is important and necessary that the police will also obtain the authority to handle blocking of massively infringing websites. Police do not have the authority to carry out blocking as it is today.”

The full report is available here (Danish, pdf)

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

Men Who Sold Pirate IPTV Service to Pubs Jailed for 4.5 Years

Post Syndicated from Andy original https://torrentfreak.com/men-who-sold-pirate-iptv-service-to-pubs-jailed-for-4-5-years-180404/

For owners and landlords of pubs and clubs in the UK, providing top-tier sports on TV can be the key to bringing in plenty of thirsty customers.

That being said, the costs of doing so is viewed by many as extortionate, with companies including Sky and BT Sport demanding huge fees for the privilege.

As a result, there is a growing opportunity for people to step in to provide cheaper alternatives. With satellite-type piracy now on the wane, IPTV is now a rising force and there’s no shortage of companies prepared to sell a device and associated subscription service to a landlord for the fraction of Sky’s fees.

That’s where John Dodds, 65, and Jason Richards, 45, stepped in. From 2009 until 2016, the pair were involved in an operation selling such services to a staggering 270 pubs and clubs in the North-East of England.

While Sky could charge thousands per month, the duo allegedly charged customers less than £200 per month. For this fee, they received a set-top box plus a service, which included Premier League soccer and otherwise PPV boxing matches.

According to local sources, the scheme was incredibly lucrative for the pair. Via a fraudulent company, the duo generated revenues of £1.5m, which provided luxury cars and foreign homes.

Unfortunately, however, the business – which at some point was branded ‘Full Effects HD Sports’ – attracted the attention of the Premier League. In common with the movie industry before them, they carried out a private prosecution on the basis the pair were defrauding the organization.

“What the defendants created was their own, highly professional broadcasting service which was being sold to subscribers at a rate designed to undercut any legitimate broadcaster, which they were able to do as they weren’t paying to make any of the programmes or buy from the owners, such as the Premier League,” Prosecutor David Groome told the court.

The court was convinced by the Premier League’s arguments and this morning, before Newcastle Crown Court, the pair were sentenced to four-and-a-half years each in prison.

“This was a sophisticated fraud committed against numerous broadcasters throughout the world and those who have interests in the contents of broadcasts, particularly the Football Association, Premier League,” the judge said, as quoted by Sunderland Echo.

“You both knew perfectly well you were engaged in fraud because you knew the broadcasters were not being paid any or any appropriate fee for the use of their broadcasts. You were able to mislead customers, tell them that the services were lawful for them to use when you knew they were not.”

Unfortunately for the duo’s customers, a number of publicans who bought the service were also sued or prosecuted, which the judge noted could have negative consequences in relation to their future suitability to hold a liquor license.

“This is a hugely significant judgment as it provides further evidence that selling these devices is illegal and can result in a prison sentence,” said Premier League director of legal services Kevin Plumb.

“We hope this verdict gets the message out that selling or using these devices is simply not worth the risk.”

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

UK IPTV Provider ACE Calls it Quits, Cites Mounting Legal Pressure

Post Syndicated from Andy original https://torrentfreak.com/uk-iptv-provider-ace-calls-it-quits-cites-mounting-legal-pressure-180402/

Terms including “Kodi box” are now in common usage in the UK and thanks to continuing coverage in the tabloid media, more and more people are learning that free content is just a few clicks away.

In parallel, premium IPTV services are also on the up. In basic terms, these provide live TV and sports through an Internet connection in a consumer-friendly way. When bundled with beautiful interfaces and fully functional Electronic Program Guides (EPG), they’re almost indistinguishable from services offered by Sky and BTSport, for example.

These come at a price, typically up to £10 per month or £20 for a three-month package, but for the customer this represents good value for money. Many providers offer several thousand channels in decent quality and reliability is much better than free streams. This kind of service was offered by prominent UK provider ACE TV but an announcement last December set alarm bells ringing.

“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,” ACE said in a statement.

ACE insisted that it would continue as a going concern, servicing existing customers. However, it did keep its order books open for a while longer, giving people one last chance to subscribe to the service for anything up to a year. And with that ACE continued more quietly in the background, albeit with a disabled Facebook page.

But things were not well in ACE land. Like all major IPTV providers delivering services to the UK, ACE was subjected to blocking action by the English Premier League and UEFA. High Court injunctions allow ISPs in the UK to block their pirate streams in real-time, meaning that matches were often rendered inaccessible to ACE’s customers.

While this blocking can be mitigated when the customer uses a VPN, most don’t want to go to the trouble. Some IPTV providers have engaged in a game of cat-and-mouse with the blocking efforts, some with an impressive level of success. However, it appears that the nuisance eventually took its toll on ACE.

“The ISPs in the UK and across Europe have recently become much more aggressive in blocking our service while football games are in progress,” ACE said in a statement last month.

“In order to get ourselves off of the ISP blacklist we are going to black out the EPL games for all users (including VPN users) starting on Monday. We believe that this will enable us to rebuild the bypass process and successfully provide you with all EPL games.”

People familiar with the blocking process inform TF that this is unlikely to have worked.

Although nobody outside the EPL’s partners knows exactly how the system works, it appears that anti-piracy companies simply subscribe to IPTV services themselves and extract the IP addresses serving the content. ISPs then block them. No pause would’ve helped the situation.

Then, on March 24, another announcement indicated that ACE probably wouldn’t make it very far into 2019.

“It is with sorrow that we announce that we are no longer accepting renewals, upgrades to existing subscriptions or the purchase of new credits. We plan to support existing subscriptions until they expire,” the team wrote.

“EPL games including highlights continue to be blocked and are not expected to be reinstated before the end of the season.”

The suggestion was that ACE would keep going, at least for a while, but chat transcripts with the company obtained by TF last month indicated that ACE would probably shut down, sooner rather than later. Less than a week on, that proved to be the case.

On or around March 29, ACE began sending emails out to customers, announcing the end of the company.

“We recently announced that Ace was no longer accepting renewals or offering new reseller credits but planned to support existing subscription. Due to mounting legal pressure in the UK we have been forced to change our plans and we are now announcing that Ace will close down at the end of March,” the email read.

“This means that from April 1st onwards the Ace service will no longer work.”

April 1 was yesterday and it turns out it wasn’t a joke. Customers who paid in advance no longer have a service and those who paid a year up front are particularly annoyed. So-called ‘re-sellers’ of ACE are fuming more than most.

Re-sellers effectively act as sales agents for IPTV providers, buying access to the service at a reduced rate and making a small profit on each subscriber they sign up. They get a nice web interface to carry out the transactions and it’s something that anyone can do.

However, this generally requires investment from the re-seller in order to buy ‘credits’ up front, which are used to sell services to new customers. Those who invested money in this way with ACE are now in trouble.

“If anyone from ACE is reading here, yer a bunch of fuckin arseholes. I hope your next shite is a hedgehog!!” one shouted on Reddit. “Being a reseller for them and losing hundreds a pounds is bad enough!!”

While the loss of a service is probably a shock to more recent converts to the world of IPTV, those with experience of any kind of pirate TV product should already be well aware that this is nothing out of the ordinary.

For those who bought hacked or cloned satellite cards in the 1990s, to those who used ‘chipped’ cable boxes a little later on, the free rides all come to an end at some point. It’s just a question of riding the wave when it arrives and paying attention to the next big thing, without investing too much money at the wrong time.

For ACE’s former customers, it’s simply a case of looking for a new provider. There are plenty of them, some with zero intent of shutting down. There are rumors that ACE might ‘phoenix’ themselves under another name but that’s also par for the course when people feel they’re owed money and suspicions are riding high.

“Please do not ask if we are rebranding/setting up a new service, the answer is no,” ACE said in a statement.

And so the rollercoaster continues…

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

Google Should Begin Delisting Pirate Sites, Aussie Rightsholders Say

Post Syndicated from Andy original https://torrentfreak.com/google-should-begin-delisting-pirate-sites-aussie-rightsholders-say-180322/

After being passed almost three years ago, in February the Australian government announced a review of its pirate site-blocking laws.

The Department of Communications asked for feedback on the effectiveness of the mechanism, from initial injunction application through to website blocking and, crucially, whether further amendments are required.

“The Department welcomes single, consolidated submissions from organizations or parties, capturing all views on the Copyright Amendment (Online Infringement) Act 2015 (Online Infringement Amendment) [pdf],” the consultation paper began.

Several responses from interested groups have been filed with the government and unsurprisingly, most come from entertainment industry groups seeking to expand on what has been achieved so far.

The most aggressive submissions come from the two companies that have made the most use of the blocking scheme so far – movie group Village Roadshow and TV provider Foxtel. Together the companies have had dozens of sites blocked in Australia by local ISPs but now they want the blocking regime expanded to online service platforms too.

Indeed, in the Roadshow and Foxtel submissions combined, Google is mentioned no less than 29 times as being part of the piracy problem Down Under.

“Village Roadshow strongly supported the original site blocking legislation and now we strongly support strengthening it,” Village Roadshow co-chief Graham Burke writes.

“With all major pirate sites blocked in Australia, the front door of the department store is shut. However, pirates, facilitated by Google and other search engines, are circumventing Australian Laws and Courts and opening a huge back door. Australia needs the power to require Google and other search engines to take reasonable steps to stop facilitating searches which lead to pirate sites.”

Burke goes on to criticize Google’s business model, which pushes tens of millions of people “searching for stolen goods” to pirate sites that hit them with “rogue advertising including illegal gambling, drugs, sex aids and prostitution.”

In a nutshell, the Village Roadshow co-chief suggests that Google’s business model involves profiting from knowingly leading consumers to illegal locations where they are ultimately ripped off.

“The analogy for Google is a Westfield Shopping Centre knowing they are getting big traffic to the center from a store that is using stolen goods to lure people and then robbing them!” he writes.

This anti-Google rant heads in a predictable direction. At the moment, Australia’s site-blocking regime only applies to ‘carriage service providers’, the home ISPs we all use. Village Roadshow wants that provision expanded to include ‘intermediary service providers’, which covers search engines, social media, and other types of internet intermediaries.

“Apart from ISP’s, many intermediaries are able to meaningfully impact traffic to infringing sites, and in fact, can and are currently used by pirates to find new locations and proxies to circumvent the ISP blocks,” Burke adds.

In other words, when served with an injunction, companies like Google and Facebook should delist results that lead people to pirate sites. This position is also championed by Foxtel, which points to a voluntary arrangement in the UK between search engines and the entertainment industries.

Under this anti-piracy code introduced last year, search engines agreed to further optimize their algorithms and processes to demote pirated content in search results. The aim is to make infringing content less visible and at a faster rate. At the same time, legal alternatives should be easier to find.

But like Village Roadshow, Foxtel doesn’t appear to be content with demotion – blocking and delisting is the aim.

“Foxtel strongly believes that extending the site blocking powers to search engines so that they must remove copyright infringing sites from search results would have a substantial impact on reducing piracy in Australia,” the company says.

“Search engines already remove URLs from site indexes to comply with local laws and product community standards and therefore, technologically Foxtel understands it would be a relatively simple exercise for search engines to comply with Australian blocking orders.”

Both Foxtel and Roadshow agree in other areas too. Currently, Australia’s site-blocking provisions apply to “online locations” situated outside Australia’s borders but both companies see a need for that restriction to be removed.

Neither company can understand why local pirate sites can’t be handled in the same way as those based overseas, with Foxtel arguing that proving an overseas element can be a costly process.

“Applicants must review individual domain locations and IP addresses and put on evidence relating to these matters to ensure that the location of the sites is established. This evidence, which we consider to be unnecessary, is produced at significant time and cost, all of which is borne by the rights holders,” Foxtel says.

While none of the above is particularly new in the global scheme of things, it’s interesting to note that even when agreements are reached and new legislation is formed, rightsholders always keep pushing for more.

That’s clearly highlighted in the Foxtel submission when the company says that the threshold for determining a pirate site should be lowered. Currently, a site must have a “primary purpose” to “infringe, or to facilitate the infringement” of copyright. Foxtel sees this as being too high.

In order to encompass general hosting sites that may also carry large quantities of infringing content, it would like to remove the term “primary purpose” and replace it with “substantial purpose or effect.” Given the recent criticisms leveled at Google and particularly YouTube for the infringing content it hosts, that request could prove difficult to push through.

Foxtel also sees a need to better tackle live streaming. In the UK, injunctions obtained by the Premier League and UEFA last year allow pirated live sports streams to be blocked in real-time. Although the injunctions are overseen by the courts, on a practical level the process is carried out between rightsholders and compliant ISPs.

Foxtel believes that Australia needs something similar.

“For site blocking to be effective in Australia in respect of live sport streaming sites which frequently change location, Foxtel anticipates that a similar process will ultimately be required to be implemented,” the company notes.

With the consultation process now over, dissenting submissions are in the minority. The most notable come from the Pirate Party (pdf) and Digital Rights Watch (pdf) although both are likely to be drowned out by the voices of rightsholders.

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

UK Govt. Met With Copyright Holders Dozens of Times in Just Three Months

Post Syndicated from Andy original https://torrentfreak.com/uk-govt-met-with-copyright-holders-dozens-of-times-in-just-three-months-180310/

While doing business with clients and suppliers is the usual day-to-day routine for most businesses, companies in the entertainment sector seem keener than most to spend time with those in power.

Whether there’s pressure to be applied in respect of upcoming changes in policy or long-term plans for modifying legislation, at least a few times a year news breaks of rightsholders having private meetings with officials. Most of the time, however, the head-to-heads fly under the radar.

This week, however, the UK government published a response to a Freedom of Information Request which asked for details of meetings between the government and copyright owner organizations, enforcement organizations, and collection societies (think BPI, MPA, FACT, Publishers Association, PRS, etc) including times, dates and topics discussed.

The request asked for details of meetings held between May 2016 and April 2017 but the government declined to provide all of this information since the effort required to extract the information “would exceed the cost limit.”

Given the amount of data published, this isn’t a surprise. Even though the government chose to limit the response to events held between January 16, 2017 and April 17, 2017, the meetings between the government and the above groups number in their dozens.

January 2017 got off to a pretty slow start but week three and beyond saw a flurry of meetings with groups and companies such as ITV, BBC, PRS for Music, Copyright Licensing Agency and several other organizations to discuss the EU’s Digital Single Market proposals.

On January 18, 2017 Time Warner had a meeting to discuss content protection and analytics, followed a day later by the Premier League who were booked in to discuss “illicit streaming devices” (a topic mirrored in March during a meeting with the Audiovisual Anti-Piracy Alliance).

Just a few days later the Police Intellectual Property Crime Unit held a “Partnership Working Group Meeting involving industry” and two days after that the police, Trading Standards, and the EU Police Agency convened to discuss enforcement activity.

January 26, 2017 saw an IP Outreach Workshop involving members of the IP Crime Group. This was potentially a big meeting. The IPCG consists of several regional police forces, PIPCU, National Crime Agency, Crown Prosecution Service, Department of Culture, Media and Sport, Trading Standards, HMRC, IFPI, BPI, FACT, Sky TV, PRS, FAST and the Publishers Association, to name just a few.

As the first month of the year was drawing to a close, Amazon met with the government to discuss “current procedures for removing copyright, design and trademark infringing material from their platform.” A similar meeting was held with eBay on February 1 and on February 20, Facebook had its turn on the same topic.

All three companies had come in for criticism from copyright holders for not doing enough to stem the tide of infringing content available on their platforms, particularly so-called Kodi boxes that provide access to movies, shows, and live TV.

However, in the months that followed they each responded positively, with eBay, Amazon and Facebook announcing restrictions on devices sold. While all three platforms still have a problem with infringing device sales, the situation appears to have improved since last year.

On the final day of January 2017, the MPAA attended a meeting to discuss the looming Digital Economy Bill and digital TV piracy. A couple of days later they were back again for a “business awareness seminar” with other big shots including the Alliance for IP, the Anti-Counterfeiting Group, Trading Standards and the Premier League.

However, given the dozens that took place, perhaps one of the more interesting meetings in terms of the mix of those in attendance took place February 7.

Titled “Organized Crime Task Force Meeting – Belfast” it was attended by the Police Service of Northern Ireland, the National Crime Agency, Trading Standards, HM Revenue and Customs, the Border Force, and (spot the odd one out) the Federation Against Copyright Theft.

This seems to suggest that FACT (a private company) is effectively embedded at the highest level of law enforcement, something that has made people very uncomfortable in the past.

Later in February, there was a roundtable meeting with the Alliance for IP, MPAA, Publishers’ Association, BPI, Premier League and Federation Against Copyright Theft (again) to discuss Brexit, the Digital Single Market, IP enforcement and industrial strategy. A similar meeting was held in March which was attended by UK Music, BPI, PRS, Featured Artists Coalition, and many more.

The full list of meetings, which number in their dozens for just a three-month period, can be found here pdf. Whether the volume is representative of other three-month periods isn’t clear but it seems reasonable to conclude that copyright organizations have the ears of government officials in the UK on an almost continual basis.

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

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

Coalition Against Piracy Launches Landmark Case Against ‘Pirate’ Android Box Sellers

Post Syndicated from Andy original https://torrentfreak.com/coalition-against-piracy-launches-landmark-case-against-pirate-android-box-sellers-180112/

In 2017, anti-piracy enforcement went global when companies including Disney, HBO, Netflix, Amazon and NBCUniversal formed the Alliance for Creativity and Entertainment (ACE).

Soon after the Coalition Against Piracy (CAP) was announced. With a focus on Asia and backed by CASBAA, CAP counts many of the same companies among its members in addition to local TV providers such as StarHub.

From the outset, CAP has shown a keen interest in tackling unlicensed streaming, particularly that taking place via illicit set-top boxes stuffed with copyright-infringing apps and add-ons. One country under CAP’s spotlight is Singapore, where relevant law is said to be fuzzy at best, insufficient at worst. Now, however, a line in the sand might not be far away.

According to a court listing discovered by Singapore’s TodayOnline, today will see the Coalition Against Piracy’s general manager Neil Kevin Gane attempt to launch a pioneering private prosecution against set-top box distributor Synnex Trading and its client and wholesale goods retailer, An-Nahl.

Gane and CAP are said to be acting on behalf of four parties, one which is TV giant StarHub, a company with a huge interest in bringing media piracy under control in the region. It’s reported that they have also named Synnex Trading director Jia Xiaofen and An-Nahl director Abdul Nagib as defendants in their private criminal case after the parties failed to reach a settlement in an earlier process.

Contacted by TodayOnline, an employee of An-Nahl said the company no longer sells the boxes. However, Synnex is reportedly still selling them for S$219 each ($164) plus additional fees for maintenance and access to VOD. The company’s Facebook page is still active with the relevant offer presented prominently.

The importance of the case cannot be understated. While StarHub and other broadcasters have successfully prosecuted cases where people unlawfully decrypted broadcast signals, the provision of unlicensed streams isn’t specifically tackled by Singapore’s legislation. It’s now a major source of piracy in the region, as it is elsewhere around the globe.

Only time will tell how the process will play out but it’s clear that CAP and its members are prepared to invest significant sums into a prosecution for a favorable outcome. CAP believes that the supply of the boxes falls under Section 136 (3A) of the Copyright Act but only time will tell.

Last December, CAP separately called on the Singapore government to not only block ‘pirate’ streaming software but also unlicensed streams from entering the country.

“Within the Asia-Pacific region, Singapore is the worst in terms of availability of illicit streaming devices,” said CAP General Manager Neil Gane. “They have access to hundreds of illicit broadcasts of channels and video-on-demand content.”

CAP’s 21 members want the authorities to block the software inside devices that enables piracy but it’s far from clear how that can be achieved.

Update: The four companies taking the action are confirmed as Singtel, Starhub, Fox Network, and the English Premier League

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UEFA Obtains High Court Injunction To Block Live Soccer Streaming

Post Syndicated from Andy original https://torrentfreak.com/uefa-obtains-high-court-injunction-to-block-live-soccer-streaming-171226/

Earlier this year the English Premier League (EPL) obtained a unique High Court injunction which required ISPs including Sky, BT, and Virgin to block ‘pirate’ football streams in real-time.

When that temporary injunction ran out, the EPL went back to court for a new one, valid for the season that began in August. After what appeared to be a slow start, the effort began to produce significant results, blocking thousands of Internet subscribers from accessing illicit streams via websites, Kodi add-ons, and premium IPTV services.

Encouraged by its successes, the EPL has now been joined by an even bigger soccer organization. The Union of European Football Associations (UEFA) is the governing body of soccer in Europe and it too will jump onto the site and server-blocking bandwagon, almost certainly utilizing the same system being deployed by the Premier League.

UEFA first had to obtain permission from the High Court. That came in the form of an application for injunction filed by the organization against ISPs BT, EE, Plusnet, Sky, TalkTalk, and Virgin Media. It demanded that they “take measures to block, or at least impede, access by their customers to streaming servers which deliver infringing live streams of UEFA Competition matches to UK consumers.”

In other countries, ISPs have defended such cases but in the UK, the position is very different. All providers except TalkTalk actually supported the application, with BT, Sky, and Virgin filing evidence in its favor.

The application seemed somewhat academic. All parties previously agreed to its terms and it was supported by the Premier League and the Formula One World Championship, whose content is also streamed illegally by some of the same servers.

The High Court found that the application was broadly similar to that previously filed by the Premier League so the legal basis for granting the injunction remained the same.

Citing two big rulings from the EU Court this year (one involving The Pirate Bay, the other cloud-recording service VCAST), Mr Justice Arnold said that evidence filed by the Premier League showed that a similar order had proven “very effective”.

The Judge also noted that no evidence of over-blocking as a result of the previous injunctions had been presented and that this injunction would contain “an additional safeguard” in that respect. Details of this measure and almost every other technical aspect of the injunction remain confidential, as is the case with the Premier League’s efforts.

Justice Arnold’s order will take effect on 13 February 2018 and last until 26 May 2018. People reliant on pirate streams for their football/soccer fix will continue to experience issues, with many having no other choice than to resort to VPNs to access blocked streams.

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

CrimeStoppers Campaign Targets Pirate Set-Top Boxes & Their Users

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

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

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

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

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

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

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

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

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

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

Selling and watching is illegal

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

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

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

Are you funding organized crime?

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

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

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

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

Got kids? Take care….

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

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

Danger….Danger….

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

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

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

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

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

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

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

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

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

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

Coalition Against Piracy Wants Singapore to Block Streaming Piracy Software

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

UK Government Publishes Advice on ‘Illicit Streaming Devices’

Post Syndicated from Andy original https://torrentfreak.com/uk-government-publishes-advice-on-illicit-streaming-devices-171120/

With torrents and other methods of obtaining content simmering away in the background, unauthorized streaming is the now the method of choice for millions of pirates around the globe.

Previously accessible only via a desktop browser, streaming is now available on a wide range of devices, from tablets and phones through to dedicated set-top box. These, collectively, are now being branded Illicit Streaming Devices (ISD) by the entertainment industries.

It’s terminology the UK government’s Intellectual Property Office has adopted this morning. In a new public advisory, the IPO notes that illicit streaming is the watching of content without the copyright owner’s permission using a variety of devices.

“Illicit streaming devices are physical boxes that are connected to your TV or USB sticks that plug into the TV such as adapted Amazon Fire sticks and so called ‘Kodi’ boxes or Android TV boxes,” the IPO reports.

“These devices are legal when used to watch legitimate, free to air, content. They become illegal once they are adapted to stream illicit content, for example TV programmes, films and subscription sports channels without paying the appropriate subscriptions.”

The IPO notes that streaming devices usually need to be loaded with special software add-ons in order to view copyright-infringing content. However, there are now dedicated apps available to view movies and TV shows which can be loaded straight on to smartphones and tablets.

But how can people know if the device they have is an ISD or not? According to the IPO it’s all down to common sense. If people usually charge for the content you’re getting for free, it’s illegal.

“If you are watching television programmes, films or sporting events where you would normally be paying to view them and you have not paid, you are likely to be using an illicit streaming device (ISD) or app. This could include a film recently released in the cinema, a sporting event that is being broadcast by BT Sport or a television programme, like Game of Thrones, that is only available on Sky,” the IPO says.

In an effort to familiarize the public with some of the terminology used by ISD sellers on eBay, Amazon or Gumtree, for example, the IPO then wanders into a bit of a minefield that really needs much greater clarification.

First up, the government states that ISDs are often described online as being “Fully loaded”, which is a colloquial term for a device with addons already installed. Although they won’t all be infringing, it’s very often the case that the majority are intended to be, so no problems here.

However, the IPO then says that people should keep an eye out for the term ‘jail broken’, which many readers will understand to be the process some hardware devices, such as Apple products, are put through in order for third-party software to be run on them. On occasion, some ISD sellers do put this term on Android devices, for example, but it’s incorrect, in a tiny minority, and of course misleading.

The IPO also warns people against devices marketed as “Plug and Play” but again this is a dual-use term and shouldn’t put consumers off a purchase without a proper investigation. A search on eBay this morning for that exact term didn’t yield any ISDs at all, only games consoles that can be plugged in and played with a minimum of fuss.

“Subscription Gift”, on the other hand, almost certainly references an illicit IPTV or satellite card-sharing subscription and is rarely used for anything else. 100% illegal, no doubt.

The government continues by giving reasons why people should avoid ISDs, not least since their use deprives the content industries of valuable revenue.

“[The creative industries] provide employment for more than 1.9 million people and contributes £84.1 billion to our economy. Using illicit streaming devices is illegal,” the IPO writes.

“If you are not paying for this content you are depriving industry of the revenue it needs to fund the next generation of TV programmes, films and sporting events we all enjoy. Instead it provides funds for the organized criminals who sell or adapt these illicit devices.”

Then, in keeping with the danger-based narrative employed by the entertainment industries’ recently, the government also warns that ISDs can have a negative effect on child welfare, not to mention on physical safety in the home.

“These devices often lack parental controls. Using them could expose children or young people to explicit or age inappropriate content,” the IPO warns.

“Another important reason for consumers to avoid purchasing these streaming devices is from an electrical safety point of view. Where devices and their power cables have been tested, some have failed EU safety standards and have the potential to present a real danger to the public, causing a fire in your home or premises.”

While there can be no doubt whatsoever that failing EU electrical standards in any way is unacceptable for any device, the recent headlines stating that “Kodi Boxes Can Kill Their Owners” are sensational at best and don’t present the full picture.

As reported this weekend, simply not having a recognized branding on such devices means that they fail electrical standards, with non-genuine phone chargers presenting a greater risk around the UK.

Finally, the government offers some advice for people who either want to get off the ISD gravy train or ensure that others don’t benefit from it.

“These devices can be used legally by removing the software. If you are unsure get advice to help you use the device legally. If you wish to watch content that’s only available via subscription, such as sports, you should approach the relevant provider to find out about legal ways to watch,” the IPO advises.

Get it Right from a Genuine Site helps you get the music, TV, films, games, books, newspapers, magazines and sport that you love from genuine services.”

And, if the public thinks that people selling such devices deserve a visit from the authorities, people are asked to report them to the Crimestoppers charity via an anonymous hotline.

The government’s guidance is exactly what one might expect, given that the advisory is likely to have been strongly assisted by companies including the Federation Against Copyright Theft, Premier League, and Sky, who have taken the lead in this area during the past year or so.

The big question is, however, whether many people using these devices really believe that obtaining subscription TV, movies, and sports for next to free is 100% legal. If there are people out there they must be in the minority but at least the government itself is now putting them on the right path.

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

Kodi Addon Dev Says “Show of Force” Will Be Met With Defiance

Post Syndicated from Andy original https://torrentfreak.com/kodi-addon-dev-says-show-force-will-met-defiance-171119/

For many years, the members of the MPAA have flexed their muscles all around the globe, working to prevent people from engaging in online piracy. If the last 17 years ‘progress’ is anything to go by, it’s a war that will go on indefinitely.

With Columbia, Disney, Paramount, Twentieth Century Fox, Universal, and Warner on board, the MPAA has historically relied on sheer power to intimidate opponents. That has certainly worked in many large piracy cases but for many peripheral smaller-scale pirates, their presence is largely ignored.

This week, however, several players in the Kodi scene discovered that these giants – and more besides – have the ability to literally turn up at their front door. As reported Thursday, UK-based Kodi addon developer The_Alpha received a hand-delivered cease-and-desist letter from all of the above, accompanied by new faces Netflix, Amazon and Sky TV.

These companies are part of the Alliance for Creativity and Entertainment (ACE), a massive and recently-formed anti-piracy coalition comprised of 30 global entertainment brands. TorrentFreak reached out to The_Alpha for his thoughts on coming under such a dazzling spotlight but perhaps understandably he didn’t want to comment.

The leader of the Ares Project was willing to go on the record, however, after he too received a hand-delivered threat during the week. His decision was to immediately comply and shutdown but TF is informed that others might not be so willing to follow suit.

A Kodi addon developer living in the UK who spoke to us on condition of anonymity told us that most people operating in the scene expected some kind of trouble – just not on this scale.

“Did you see the [company logos] across the top of Alpha’s letter? That’s some serious shit right there. The film companies are no surprise but Amazon delivers my groceries so I don’t expect this shit from them,” he said.

When the ACE partnership was formed earlier this year, it seemed pretty clear that the main drive was towards the pooling of anti-piracy resources to be more effective and efficient. However, it can’t have escaped ACE that such a broad and powerful alliance could also have a profound psychological effect on its adversaries.

“There’s no doubt in my mind that they’re turning up mob-handed to put the shits up people like Alpha and the rest of us,” the developer said. “It’s hardly a fair dust-up is it? What have we got to fight back with, a giro [state benefits]? It’s a show of force, ‘look how important we are’!”

Interestingly, however, the dev told us that it isn’t necessarily the size of the coalition that has him most concerned. What caught his eye was the inclusion of two influential UK-based companies in the alliance.

“Having Sly [a local derogatory nickname for Sky TV] and the Premier League on the letter makes it much more serious to me than seeing Warner or whatever,” he commented.

“I don’t get involved in footie but Sly is everywhere round here and I think it’s something the Brit dev scene might take notice of, even if most say ‘fuck it’ and carry on anyway.”

When questioned whether that’s likely, our source said that while ACE might be able to tackle some of the bigger targets like Ares Project or Colossus, they fundamentally misunderstand how the Kodi scene works.

“If you want a good example of a scattered pirate scene, I give you Kodi. They can bomb the base or whatever but nobody lives there,” he explained.

“There’s some older blokes like me who can do without the stress but a lot of younger coders, builders and YouTubers who thrive on it. They’re used to running around council estates with real-life problems. A faffy letter from some toff in a suit means literally nothing. Like I said, all they have to lose is a giro.”

Whether this is just bravado will remain to be seen, but our earlier discussions with others in the scene indicate a particular weakness in the UK, with many players vulnerable to being found after failing to hide their identities in the past. To a point, our source agrees that this is a problem.

“People are saying that Alpha was found after trying to raise some charity money related to his disabled son but I don’t know for sure and nor does anybody else. What strikes me is that none of us really thought things would get this on top here because all you ever hear about is America this, Canada that, whatever. Does this means that more of us are getting done in England? You tell me,” he said.

Only time will tell but stamping out the pirate Kodi scene is going to be hard work.

Within hours of several projects disappearing Wednesday and Thursday, YouTube and myriad blogs were being flooded with guides detailing immediate replacements. This ad-hoc network of enthusiasts makes the exchange of information happen at an alarming rate and it’s hard to see how any company – no matter how powerful – will ever be able to keep up.

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

Права върху снимка

Post Syndicated from nellyo original https://nellyo.wordpress.com/2017/11/18/photo_copyright/

Маймуната Наруто си прави селфи с фотоапарата на британския фотограф Дейвид Слейтър. На кого са правата върху снимката? На този, който натиска бутона? На Наруто? На Брадли Купър, който заснема с апарата на Дедженерис  група  кинозвезди в нощта на Оскарите?

На Наруто, на фотографа – или снимката е в публичния домейн?

За всяка от трите опции  има субект с интерес:  Дружеството за защита на животните,  Дейвид Слейтър и Уикипедия.

Слейтър постига извънсъдебно споразумение с дружеството, сега се очаква и дело с Уикипедия. Именно по този повод вчера е излязла интересна публикация с позоваване на практиката на Съда на ЕС: фотографията е повече от натискане на бутон  – снимката   може да има характера на художествено произведение по смисъла  на закона за авторското право, ако задачата оставя  достатъчно пространство за индивидуално творческо решение – вж делото C‑145/10 Painer:

88      Както следва от съображение 17 от Директива 93/98, дадено интелектуално творение е собствено авторско интелектуално творение, когато то отразява личността на автора.

89      Такъв е обаче случаят, ако авторът е могъл да изрази своите творчески способности при реализирането на произведението, като е направил свободен и творчески избор (вж. a contrario Решение от 4 октомври 2011 г. по дело Football Association Premier League и др., C‑403/08 и C‑429/08, точка 98).

90      Що се отнася до портретна снимка, следва да се посочи, че авторът може да направи своя свободен и творчески избор по няколко начини и в различни моменти при реализирането ѝ.

91      На подготвителния етап авторът може да избере фона на снимката, позата на сниманото лице или осветлението. При заснемането на портретната снимка той може да избере разполагането в кадър, ъгъла на снимане или още създадената атмосфера. Накрая, при проявяването на снимката авторът може да избере между различните съществуващи техники на проявяване тази, която желае да възприеме, или, ако е необходимо, да използва софтуер.

92      Чрез тези различни видове избор авторът на дадена портретна снимка може по този начин да остави своя „индивидуален отпечатък“ върху създаденото произведение.

93      Следователно, когато става въпрос за портретна снимка, свободата, с която разполага авторът, за да упражни своите творчески способности, не би била задължително ограничена или несъществуваща.

94      С оглед на гореизложеното, следва да се приеме, че по силата на член 6 от Директива 93/98 портретна снимка може да бъде закриляна от авторско право, при условие — което националната юрисдикция следва да провери във всеки конкретен случай — че такава фотография е авторско интелектуално творение, което отразява личността на автора и е проява на неговия свободен и творчески избор при реализирането на тази фотография.

 

Filed under: Media Law Tagged: снимка, съд на ес

The Truth Behind the “Kodi Boxes Can Kill Their Owners” Headlines

Post Syndicated from Andy original https://torrentfreak.com/the-truth-behind-the-kodi-boxes-can-kill-their-owners-headlines-171118/

Another week, another batch of ‘Kodi Box Armageddon’ stories. This time it hasn’t been directly about the content they can provide but the physical risks they pose to their owners.

After being primed in advance, the usual British tabloids jumped into action early Thursday, noting that following tests carried out on “illicit streaming devices” (aka Android set-top devices), 100% of them failed to meet UK national electrical safety regulations.

The tests were carried out by Electrical Safety First, a charity which was prompted into action by anti-piracy outfit Federation Against Copyright Theft.

“A series of product safety tests on popular illicit streaming devices entering the UK have found that 100% fail to meet national electrical safety regulations,” a FACT statement reads.

“The news is all the more significant as the Intellectual Property Office (IPO) estimates that more than one million of these illegal devices have been sold in the UK in the last two years, representing a significant risk to the general public.”

After reading many sensational headlines stating that “Kodi Boxes Might Kill Their Owners”, please excuse us for groaning. This story has absolutely nothing – NOTHING – to do with Kodi or any other piece of software. Quite obviously, software doesn’t catch fire.

So, suspecting that there might be more to this than meets the eye, we decided to look beyond the press releases into the actual Electrical Safety First (ESF) report. While we have no doubt that ESF is extremely competent in its field (it is, no question), the front page of its report is disappointing.

Despite the items sent for testing being straightforward Android-based media players, the ESF report clearly describes itself as examining “illicit streaming devices”. It’s terminology that doesn’t describe the subject matter from an electrical, safety or technical perspective but is pretty convenient for FACT clients Sky and the Premier League.

Nevertheless, the full picture reveals rather more than most of the headlines suggest.

First of all, it’s important to know that ESF tested just nine devices out of the million or so allegedly sold in the UK during the past two years. Even more importantly, every single one of those devices was supplied to ESF by FACT.

Now, we’re not suggesting they were hand-picked to fail but it’s clear that the samples weren’t provided from a neutral source. Also, as we’ll learn shortly, it’s possible to determine in advance if an item will fail to meet UK standards simply by looking at its packaging and casing.

But perhaps even more intriguing is that the electrical testing carried out by ESF related primarily not to the set-top boxes themselves, but to their power supplies. ESF say so themselves.

“The product review relates primarily to the switched mode power supply units for the connection to the mains supply, which were supplied with the devices, to identify any potential risks to consumers such as electric shocks, heating and resistance to fire,” ESF reports.

The set-top boxes themselves were only assessed “in terms of any faults in the marking, warnings and instructions,” the group adds.

So, what we’re really talking about here isn’t dangerous illicit streaming devices set-top boxes, but the power supply units that come with them. It might seem like a small detail but we’ll come to the vast importance of this later on.

Firstly, however, we should note that none of the equipment supplied by FACT complied with Schedule 1 of the Electrical Equipment (Safety) Regulations 1994. This means that they failed to have the “Conformité Européene” or CE logo present. That’s unacceptable.

In addition, none of them lived up the requirements of Schedule 3 of the Electrical Equipment (Safety) Regulations 1994 either, which in part requires the manufacturer’s brand name or trademark to be “clearly printed on the electrical equipment or, where that is not possible, on the packaging.” (That’s how you can tell they’ll definitely fail UK standards, before sending them for testing)

Also, none of the samples were supplied with “sufficient safety or warning information to ensure the safe and correct use, assembly, installation or maintenance of the equipment.” This represents ‘a technical breach’ of the regulations, ESF reports.

Finally, several of the samples were considered to be a potential risk to their users, either via electric shock and/or fire. That’s an important finding and people who suspect they have such devices at home should definitely take note.

However, the really important point isn’t mentioned in the tabloids, probably since it distracts from the “Kodi Armageddon” narrative which underlies the whole study and subsequent reports.

ESF says that one of the key issues is that the set-top boxes come unbranded, something which breaches safety regulations while making it difficult for consumers to assess whether they’re buying a quality product. Crucially, this is not exclusively a set-top box problem, it is much, MUCH bigger.

“Issues with power supply units or unbranded and counterfeit chargers go beyond illicit streaming devices. In the last year, issues have been reported with other consumer electrical devices, such as laptop chargers and counterfeit phone chargers,” the same ESF report reveals.

“The total annual online sales of mains plug-in chargers is estimated to be in the region of 1.8 million and according to Electrical Safety First, it is likely that most of these sales involve cheap, unbranded chargers.”

So, we looked into this issue of problem power supplies and chargers generally, to see where this report fits into the bigger picture. It transpires it’s a massive problem, all over the UK, across a wide range of products. In fact, Trading Standards reports that 99% of non-genuine Apple chargers bought online “fail a basic safety test”.

But buying from reputable High Street retailers doesn’t help either.

During the past year, Poundworld was fined for selling – wait for it – 72,000 dangerous chargers. Home Bargains was also fined for selling “thousands” of power adaptors that fail to meet UK standards.

“All samples provided failed to comply with Electrical Equipment Safety Regulations and were not marked with the manufacturer’s name,” Trading Standards reports.

That sounds familiar.

So, there you have it. Far from this being an isolated “Kodi Box Crisis” as some have proclaimed, this is a broad issue affecting imported electrical items in general. On this basis, one can’t help but think the tabloids missed a trick here. Think of the power of this headline:

ALL UNBRANDED ELECTRICAL EQUIPMENT CAN KILL, DISCONNECT EVERYTHING

or, alternatively:

PIRATES URGED TO SWITCH TO BRANDED AMAZON FIRESTICKS, SAFER FOR KODI

Perhaps not….

The ESF report can be found here (pdf)

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