Tag Archives: pressure

FCC Asks Amazon & eBay to Help Eliminate Pirate Media Box Sales

Post Syndicated from Andy original https://torrentfreak.com/fcc-asks-amazon-ebay-to-help-eliminate-pirate-media-box-sales-180530/

Over the past several years, anyone looking for a piracy-configured set-top box could do worse than search for one on Amazon or eBay.

Historically, people deploying search terms including “Kodi” or “fully-loaded” were greeted by page after page of Android-type boxes, each ready for illicit plug-and-play entertainment consumption following delivery.

Although the problem persists on both platforms, people are now much less likely to find infringing devices than they were 12 to 24 months ago. Under pressure from entertainment industry groups, both Amazon and eBay have tightened the screws on sellers of such devices. Now, however, both companies have received requests to stem sales from a completetey different direction.

In a letter to eBay CEO Devin Wenig and Amazon CEO Jeff Bezos first spotted by Ars, FCC Commissioner Michael O’Rielly calls on the platforms to take action against piracy-configured boxes that fail to comply with FCC equipment authorization requirements or falsely display FCC logos, contrary to United States law.

“Disturbingly, some rogue set-top box manufacturers and distributors are exploiting the FCC’s trusted logo by fraudulently placing it on devices that have not been approved via the Commission’s equipment authorization process,” O’Rielly’s letter reads.

“Specifically, nine set-top box distributors were referred to the FCC in October for enabling the unlawful streaming of copyrighted material, seven of which displayed the FCC logo, although there was no record of such compliance.”

While O’Rielly admits that the copyright infringement aspects fall outside the jurisdiction of the FCC, he says it’s troubling that many of these devices are used to stream infringing content, “exacerbating the theft of billions of dollars in American innovation and creativity.”

As noted above, both Amazon and eBay have taken steps to reduce sales of pirate boxes on their respective platforms on copyright infringement grounds, something which is duly noted by O’Rielly. However, he points out that devices continue to be sold to members of the public who may believe that the devices are legal since they’re available for sale from legitimate companies.

“For these reasons, I am seeking your further cooperation in assisting the FCC in taking steps to eliminate the non-FCC compliant devices or devices that fraudulently bear the FCC logo,” the Commissioner writes (pdf).

“Moreover, if your company is made aware by the Commission, with supporting evidence, that a particular device is using a fraudulent FCC label or has not been appropriately certified and labeled with a valid FCC logo, I respectfully request that you commit to swiftly removing these products from your sites.”

In the event that Amazon and eBay take action under this request, O’Rielly asks both platforms to hand over information they hold on offending manufacturers, distributors, and suppliers.

Amazon was quick to respond to the FCC. In a letter published by Ars, Amazon’s Public Policy Vice President Brian Huseman assured O’Rielly that the company is not only dedicated to tackling rogue devices on copyright-infringement grounds but also when there is fraudulent use of the FCC’s logos.

Noting that Amazon is a key member of the Alliance for Creativity and Entertainment (ACE) – a group that has been taking legal action against sellers of infringing streaming devices (ISDs) and those who make infringing addons for Kodi-type systems – Huseman says that dealing with the problem is a top priority.

“Our goal is to prevent the sale of ISDs anywhere, as we seek to protect our customers from the risks posed by these devices, in addition to our interest in protecting Amazon Studios content,” Huseman writes.

“In 2017, Amazon became the first online marketplace to prohibit the sale of streaming media players that promote or facilitate piracy. To prevent the sale of these devices, we proactively scan product listings for signs of potentially infringing products, and we also invest heavily in sophisticated, automated real-time tools to review a variety of data sources and signals to identify inauthentic goods.

“These automated tools are supplemented by human reviewers that conduct manual investigations. When we suspect infringement, we take immediate action to remove suspected listings, and we also take enforcement action against sellers’ entire accounts when appropriate.”

Huseman also reveals that since implementing a proactive policy against such devices, “tens of thousands” of listings have been blocked from Amazon. In addition, the platform has been making criminal referrals to law enforcement as well as taking civil action (1,2,3) as part of ACE.

“As noted in your letter, we would also appreciate the opportunity to collaborate further with the FCC to remove non-compliant devices that improperly use the FCC logo or falsely claim FCC certification. If any FCC non-compliant devices are identified, we seek to work with you to ensure they are not offered for sale,” Huseman 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 Sellers Sign Abstention Agreements Under Pressure From BREIN

Post Syndicated from Andy original https://torrentfreak.com/pirate-iptv-sellers-sign-abstention-agreement-under-pressure-from-brein-180528/

Earlier this month, Dutch anti-piracy outfit BREIN revealed details of its case against Netherlands-based company Leaper Beheer BV.

BREIN’s complaint, which was filed at the Limburg District Court in Maastricht, claimed that
Leaper sold access to unlicensed live TV streams and on-demand movies. Around 4,000 live channels and 1,000 movies were included in the package, which was distributed to customers in the form of an .M3U playlist.

BREIN said that distribution of the playlist amounted to a communication to the public in contravention of the EU Copyright Directive. In its defense, Leaper argued that it is not a distributor of content itself and did not make anything available that wasn’t already public.

In a detailed ruling the Court sided with BREIN, noting that Leaper communicated works to a new audience that wasn’t taken into account when the content’s owners initially gave permission for their work to be distributed to the public.

The Court ordered Leaper to stop providing access to the unlicensed streams or face penalties of 5,000 euros per IPTV subscription sold, link offered, or days exceeded, to a maximum of one million euros. Further financial penalties were threatened for non-compliance with other aspects of the ruling.

In a fresh announcement Friday, BREIN revealed that three companies and their directors (Leaper included) have signed agreements to cease-and-desist, in order to avert summary proceedings. According to BREIN, the companies are the biggest sellers of pirate IPTV subscriptions in the Netherlands.

In addition to Leaper Beheer BV, Growler BV, DITisTV and their respective directors are bound by a number of conditions in their agreements but primarily to cease-and-desist offering hyperlinks or other technical means to access protected works belonging to BREIN’s affiliates and their members.

Failure to comply with the terms of the agreement will see the companies face penalties of 10,000 euros per infringement or per day (or part thereof).

DITisTV’s former website now appears to sell shoes and a search for the company using Google doesn’t reveal many flattering results. Consumer website Consumentenbond.nl enjoys the top spot with an article reporting that it received 300 complaints about DITisTV.

“The complainants report that after they have paid, they have not received their order, or that they were not given a refund if they sent back a malfunctioning media player. Some consumers have been waiting for their money for several months,” the article reads.

According to the report, DiTisTV pulled the plug on its website last June, probably in response to the European Court of Justice ruling which found that selling piracy-configured media players is illegal.

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

Legal Blackmail: Zero Cases Brought Against Alleged Pirates in Sweden

Post Syndicated from Andy original https://torrentfreak.com/legal-blackmail-zero-cases-brought-against-alleged-pirates-in-sweden-180525/

While several countries in Europe have wilted under sustained pressure from copyright trolls for more than ten years, Sweden managed to avoid their controversial attacks until fairly recently.

With Germany a decade-old pit of misery, with many hundreds of thousands of letters – by now probably millions – sent out to Internet users demanding cash, Sweden avoided the ranks of its European partners until two years ago

In September 2016 it was revealed that an organization calling itself Spridningskollen (Distribution Check) headed up by law firm Gothia Law, would begin targeting the public.

Its spokesperson described its letters as “speeding tickets” for pirates, in that they would only target the guilty. But there was a huge backlash and just a couple of months later Spridningskollen headed for the hills, without a single collection letter being sent out.

That was the calm before the storm.

In February 2017, Danish law firm Njord Law was found to be at the center of a new troll operation targeting the subscribers of several ISPs, including Telia, Tele2 and Bredbandsbolaget. Court documents revealed that thousands of IP addresses had been harvested by the law firm’s partners who were determined to link them with real-life people.

Indeed, in a single batch, Njord Law was granted permission from the court to obtain the identities of citizens behind 25,000 IP addresses, from whom it hoped to obtain cash settlements of around US$550. But it didn’t stop there.

Time and again the trolls headed back to court in an effort to reach more people although until now the true scale of their operations has been open to question. However, a new investigation carried out by SVT has revealed that the promised copyright troll invasion of Sweden is well underway with a huge level of momentum.

Data collated by the publication reveals that since 2017, the personal details behind more than 50,000 IP addresses have been handed over by Swedish Internet service providers to law firms representing copyright trolls and their partners. By the end of this year, Njord Law alone will have sent out 35,000 letters to Swede’s whose IP addresses have been flagged as allegedly infringing copyright.

Even if one is extremely conservative with the figures, the levels of cash involved are significant. Taking a settlement amount of just $300 per letter, very quickly the copyright trolls are looking at $15,000,000 in revenues. On the perimeter, assuming $550 will make a supposed lawsuit go away, we’re looking at a potential $27,500,000 in takings.

But of course, this dragnet approach doesn’t have the desired effect on all recipients.

In 2017, Njord Law said that only 60% of its letters received any kind of response, meaning that even fewer would be settling with the company. So what happens when the public ignores the threatening letters?

“Yes, we will [go to court],” said lawyer Jeppe Brogaard Clausen last year.

“We wish to resolve matters as much as possible through education and dialogue without the assistance of the court though. It is very expensive both for the rights holders and for plaintiffs if we go to court.”

But despite the tough-talking, SVT’s investigation has turned up an interesting fact. The nuclear option, of taking people to court and winning a case when they refuse to pay, has never happened.

After trawling records held by the Patent and Market Court and all those held by the District Courts dating back five years, SVT did not find a single case of a troll taking a citizen to court and winning a case. Furthermore, no law firm contacted by the publication could show that such a thing had happened.

“In Sweden, we have not yet taken someone to court, but we are planning to file for the right in 2018,” Emelie Svensson, lawyer at Njord Law, told SVT.

While a case may yet reach the courts, when it does it is guaranteed to be a cut-and-dried one. Letter recipients can often say things to damage their case, even when they’re only getting a letter due to their name being on the Internet bill. These are the people who find themselves under the most pressure to pay, whether they’re guilty or not.

“There is a risk of what is known in English as ‘legal blackmailing’,” says Mårten Schultz, professor of civil law at Stockholm University.

“With [the copyright holders’] legal and economic muscles, small citizens are scared into paying claims that they do not legally have to pay.”

It’s a position shared by Marianne Levine, Professor of Intellectual Property Law at Stockholm University.

“One can only show that an IP address appears in some context, but there is no point in the evidence. Namely, that it is the subscriber who also downloaded illegitimate material,” she told SVT.

Njord Law, on the other hand, sees things differently.

“In Sweden, we have no legal case saying that you are not responsible for your IP address,” Emelie Svensson says.

Whether Njord Law will carry through with its threats will remain to be seen but there can be little doubt that while significant numbers of people keep paying up, this practice will continue and escalate. The trolls have come too far to give up now.

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

BPI Wants Piracy Dealt With Under New UK Internet ‘Clean-Up’ Laws

Post Syndicated from Andy original https://torrentfreak.com/bpi-wants-music-piracy-dealt-with-under-uk-internet-clean-up-laws-180523/

For the past several years, the UK Government has expressed a strong desire to “clean up” the Internet.

Strong emphasis has been placed on making the Internet safer for children but that’s just the tip of a much larger iceberg.

This week, the Government published its response to the Internet Safety Strategy green paper, stating unequivocally that more needs to be done to tackle “online harm”.

Noting that six out of ten people report seeing inappropriate or harmful content online, the Government said that work already underway with social media companies to protect users had borne fruit but overall industry response has been less satisfactory.

As a result, the Government will now carry through with its threat to introduce new legislation, albeit with the assistance of technology companies, children’s charities and other stakeholders.

“Digital technology is overwhelmingly a force for good across the world and we must always champion innovation and change for the better,” said Matt Hancock, Secretary of State for Digital, Culture, Media and Sport.

“At the same time I have been clear that we have to address the Wild West elements of the Internet through legislation, in a way that supports innovation. We strongly support technology companies to start up and grow, and we want to work with them to keep our citizens safe.”

While emphasis is being placed on hot-button topics such as cyberbullying and online child exploitation, the Government is clear that it wishes to tackle “the full range” of online harms. That has been greeted by UK music group BPI with a request that the Government introduces new measures to tackle Internet piracy.

In a statement issued this week, BPI chief executive Geoff Taylor welcomed the move towards legislative change and urged the Government to encompass the music industry and beyond.

“This is a vital opportunity to protect consumers and boost the UK’s music and creative industries. The BPI has long pressed for internet intermediaries and online platforms to take responsibility for the content that they promote to users,” Taylor said.

“Government should now take the power in legislation to require online giants to take effective, proactive measures to clean illegal content from their sites and services. This will keep fans away from dodgy sites full of harmful content and prevent criminals from undermining creative businesses that create UK jobs.”

The BPI has published four initial requests, each of which provides food for thought.

The demand to “establish a new fast-track process for blocking illegal sites” is not entirely unexpected, particularly given the expense of launching applications for blocking injunctions at the High Court.

“The BPI has taken a large number of actions against individual websites – 63 injunctions are in place against sites that are wholly or mainly infringing and whose business is simply to profit from criminal activity,” the BPI says.

Those injunctions can be expanded fairly easily to include new sites operating under similar banners or facilitating access to those already covered, but it’s clear the BPI would like something more streamlined. Voluntary schemes, such as the one in place in Portugal, could be an option but it’s unclear how troublesome that could be for ISPs. New legislation could solve that dilemma, however.

Another big thorn in the side for groups like the BPI are people and entities that post infringing content. The BPI is very good at taking these listings down from sites and search engines in particular (more than 600 million requests to date) but it’s a game of whac-a-mole the group would rather not engage in.

With that in mind, the BPI would like the Government to impose new rules that would compel online platforms to stop content from being re-posted after it’s been taken down while removing the accounts of repeat infringers.

Thirdly, the BPI would like the Government to introduce penalties for “online operators” who do not provide “transparent contact and ownership information.” The music group isn’t any more specific than that, but the suggestion is that operators of some sites have a tendency to hide in the shadows, something which frustrates enforcement activity.

Finally, and perhaps most interestingly, the BPI is calling on the Government to legislate for a new “duty of care” for online intermediaries and platforms. Specifically, the BPI wants “effective action” taken against businesses that use the Internet to “encourage” consumers to access content illegally.

While this could easily encompass pirate sites and services themselves, this proposal has the breadth to include a wide range of offenders, from people posting piracy-focused tutorials on monetized YouTube channels to those selling fully-loaded Kodi devices on eBay or social media.

Overall, the BPI clearly wants to place pressure on intermediaries to take action against piracy when they’re in a position to do so, and particularly those who may not have shown much enthusiasm towards industry collaboration in the past.

“Legislation in this Bill, to take powers to intervene with respect to operators that do not co-operate, would bring focus to the roundtable process and ensure that intermediaries take their responsibilities seriously,” the BPI says.

The Department for Digital, Culture, Media & Sport and the Home Office will now work on a White Paper, to be published later this year, to set out legislation to tackle “online harms”. The BPI and similar entities will hope that the Government takes their concerns on board.

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

Despite US Criticism, Ukraine Cybercrime Chief Receives Few Piracy Complaints

Post Syndicated from Andy original https://torrentfreak.com/despite-us-criticism-ukraine-cybercrime-chief-receives-few-piracy-complaints-180522/

On a large number of occasions over the past decade, Ukraine has played host to some of the world’s largest pirate sites.

At various points over the years, The Pirate Bay, KickassTorrents, ExtraTorrent, Demonoid and raft of streaming portals could be found housed in the country’s data centers, reportedly taking advantage of laws more favorable than those in the US and EU.

As a result, Ukraine has been regularly criticized for not doing enough to combat piracy but when placed under pressure, it does take action. In 2010, for example, the local government expressed concerns about the hosting of KickassTorrents in the country and in August the same year, the site was kicked out by its host.

“Kickasstorrents.com main web server was shut down by the hosting provider after it was contacted by local authorities. One way or another I’m afraid we must say goodbye to Ukraine and move the servers to other countries,” the site’s founder told TF at the time.

In the years since, Ukraine has launched sporadic action against pirate sites and has taken steps to tighten up copyright law. The Law on State Support of Cinematography came into force during April 2017 and gave copyright owners new tools to combat infringement by forcing (in theory, at least) site operators and web hosts to respond to takedown requests.

But according to the United States and Europe, not enough is being done. After the EU Commission warned that Ukraine risked damaging relations with the EU, last September US companies followed up with another scathing attack.

In a recommendation to the U.S. Government, the IIPA, which counts the MPAA, RIAA, and ESA among its members, asked U.S. authorities to suspend or withdraw Ukraine’s trade benefits until the online piracy situation improves.

“Legislation is needed to institute proper notice and takedown provisions, including a requirement that service providers terminate access to individuals (or entities) that have repeatedly engaged in infringement, and the retention of information for law enforcement, as well as to provide clear third party liability regarding ISPs,” the IIPA wrote.

But amid all the criticism, Ukraine cyber police chief Sergey Demedyuk says that while his department is committed to tackling piracy, it can only do so when complaints are filed with him.

“Yes, we are engaged in piracy very closely. The problem is that piracy is a crime of private accusation. So here we deal with them only in cases where we are contacted,” Demedyuk said in an Interfax interview published yesterday.

Surprisingly, given the number of dissenting voices, it appears that complaints about these matters aren’t exactly prevalent. So are there many at all?

“Unfortunately, no. In the media, many companies claim that their rights are being violated by pirates. But if you count the applications that come to us, they are one,” Demedyuk reveals.

“In general, we are handling Ukrainian media companies, who produce their own product and are worried about its fate. Also on foreign films, the ‘Anti-Piracy Agency’ refers to us, but not as intensively as before.”

Why complaints are going down, Demedyuk does not know, but when his unit is asked to take action it does so, he claims. Indeed, Demedyuk cites two particularly significant historical operations against a pair of large ‘pirate’ sites.

In 2012, Ukraine shut down EX.ua, a massive cyberlocker site following a six-month investigation initiated by international tech companies including Microsoft, Graphisoft and Adobe. Around 200 servers were seized, together hosting around 6,000 terabytes of data.

Then in November 2016, following a complaint from the MPAA, police raided FS.to, one of Ukraine’s most popular pirate sites. Initial reports indicated that 60 servers were seized and 19 people were arrested.

“To see the effect of combating piracy, this should not be done at the level of cyberpolicy, but at the state level,” Demedyuk advises.

“This requires constant close interaction between law enforcement agencies and rights holders. Only by using all these tools will we be able to effectively counteract copyright infringements.”

Meanwhile, the Office of the United States Trade Representative has maintained Ukraine’s position on the Priority Watchlist of its latest Special 301 Report and there a no signs it will be leaving anytime soon.

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

Singapore ISPs Block 53 Pirate Sites Following MPAA Legal Action

Post Syndicated from Andy original https://torrentfreak.com/singapore-isps-block-53-pirate-sites-following-mpaa-legal-action-180521/

Under increasing pressure from copyright holders, in 2014 Singapore passed amendments to copyright law that allow ISPs to block ‘pirate’ sites.

“The prevalence of online piracy in Singapore turns customers away from legitimate content and adversely affects Singapore’s creative sector,” said then Senior Minister of State for Law Indranee Rajah.

“It can also undermine our reputation as a society that respects the protection of intellectual property.”

After the amendments took effect in December 2014, there was a considerable pause before any websites were targeted. However, in September 2016, at the request of the MPA(A), Solarmovie.ph became the first website ordered to be blocked under Singapore’s amended Copyright Act. The High Court subsequently ordering several major ISPs to disable access to the site.

A new wave of blocks announced this morning are the country’s most significant so far, with dozens of ‘pirate’ sites targeted following a successful application by the MPAA earlier this year.

In total, 53 sites across 154 domains – including those operated by The Pirate Bay plus KickassTorrents and Solarmovie variants – have been rendered inaccessible by ISPs including Singtel, StarHub, M1, MyRepublic and ViewQwest.

“In Singapore, these sites are responsible for a major portion of copyright infringement of films and television shows,” an MPAA spokesman told The Straits Times (paywall).

“This action by rights owners is necessary to protect the creative industry, enabling creators to create and keep their jobs, protect their works, and ensure the continued provision of high-quality content to audiences.”

Before granting a blocking injunction, the High Court must satisfy itself that the proposed online locations meet the threshold of being “flagrantly infringing”. This means that a site like YouTube, which carries a lot of infringing content but is not dedicated to infringement, would not ordinarily get caught up in the dragnet.

Sites considered for blocking must have a primary purpose to infringe, a threshold that is tipped in copyright holders’ favor when the sites’ operators display a lack of respect for copyright law and have already had their domains blocked in other jurisdictions.

The Court also weighs a number of additional factors including whether blocking would place an unacceptable burden on the shoulders of ISPs, whether the blocking demand is technically possible, and whether it will be effective.

In common with other regions such as the UK and Australia, for example, sites targeted for blocking must be informed of the applications made against them, to ensure they’re given a chance to defend themselves in court. No fully-fledged ‘pirate’ site has ever defended a blocking application in Singapore or indeed any jurisdiction in the world.

Finally, should any measures be taken by ‘pirate’ sites to evade an ISP blockade, copyright holders can apply to the Singapore High Court to amend the blocking order. This is similar to the Australian model where each application must be heard on its merits, rather than the UK model where a more streamlined approach is taken.

According to a recent report by Motion Picture Association Canada, at least 42 countries are now obligated to block infringing sites. In Europe alone, 1,800 sites and 5,300 domains have been rendered inaccessible, with Portugal, Italy, the UK, and Denmark leading the way.

In Canada, where copyright holders are lobbying hard for a site-blocking regime of their own, there’s pressure to avoid the “uncertain, slow and expensive” route of going through the courts.

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.

Police Launch Investigation into Huge Pirate Manga Site Mangamura

Post Syndicated from Andy original https://torrentfreak.com/police-launch-investigation-into-huge-pirate-manga-site-mangamura-180514/

Back in March, Japan’s Chief Cabinet Secretary Yoshihide Suga said that the government was considering measures to prohibit access to pirate sites.

While protecting all content is the overall aim, it became clear that the government was determined to protect Japan’s successful manga and anime industries.

It didn’t take long for a reaction. On Friday April 13, the government introduced emergency website blocking measures, seeking cooperation from the country’s ISPs.

NTT Communications Corp., NTT Docomo Inc. and NTT Plala Inc., quickly announced they would block three leading pirate sites – Mangamura, AniTube! and MioMio which have a huge following in Japan. However, after taking the country by storm during the past two years, Mangamura had already called it quits.

On April 17, in the wake of the government announcement, Mangamura disappeared. It’s unclear whether its vanishing act was directly connected to recent developments but a program on national public broadcasting organization NHK, which claimed to have traced the site’s administrators back to the United States, Ukraine, and other regions, can’t have helped.

Further details released this morning reveal the intense pressure Mangamura was under. With 100 million visits a month it was bound to attract attention and according to Mainichi, several publishing giants ran out of patience last year and reported the platform to the authorities.

Kodansha, Japan’s largest publisher, and three other companies filed criminal complaints with Fukuoka Prefectural Police, Oita Prefectural Police, and other law enforcement departments, claiming the site violated their rights.

“The complaints, which were lodged against an unknown suspect or suspects, were filed on behalf of manga artists who are copyright holders to the pirated works, including Hajime Isayama and Eiichiro Oda, known for their wildly popular ‘Shingeki no Kyojin’ (‘Attack on Titan,’ published by Kodansha) and ‘One Piece’ (Shueisha Inc.), respectively,” the publication reports.

Mangamura launch in January 2016 and became a huge hit in Japan. Anti-piracy group Content Overseas Distribution Association (CODA), which counts publishing giant Kodansha among its members, reports that between September 2017 and February 2018, the site was accessed 620 million times.

Based on a “one visit, one manga title read” formula, CODA estimates that the site caused damages to the manga industry of 319.2 billion yen – around US$2.91 billion.

As a result, police are now stepping up their efforts to identify Mangamura’s operators. Whether that will prove fruitful will remain to be seen but in the meantime, Japan’s site-blocking efforts continue to cause controversy.

As reported last month, lawyer and NTT customer Yuichi Nakazawa launched legal action against NTT, demanding that the corporation immediately end its site-blocking operations.

“NTT’s decision was made arbitrarily on the site without any legal basis. No matter how legitimate the objective of copyright infringement is, it is very dangerous,” Nakazawa told TorrentFreak.

“I felt that ‘freedom,’ which is an important value of the Internet, was threatened. Actually, when the interruption of communications had begun, the company thought it would be impossible to reverse the situation, so I filed a lawsuit at this stage.”

Japan’s Constitution and its Telecommunications Business Act both have “no censorship” clauses, meaning that site-blocking has the potential to be ruled illegal. It’s also illegal in Japan to invade the privacy of Internet users’ communications, which some observers have argued is necessary if users are to be prevented from accessing pirate sites.

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.

‘Anonymous’ Hackers Deface Russian Govt. Site to Protest Web-Blocking (NSFW)

Post Syndicated from Andy original https://torrentfreak.com/anonymous-hackers-deface-russian-govt-site-to-protest-web-blocking-nsfw-180512/

Last month, Russian authorities demonstrated that when an entity breaks local Internet rules, no stone will be left unturned to make them pay, whatever the cost.

The disaster waiting to happen began when encrypted messaging service Telegram refused to hand over its encryption keys to the state. In response, the Federal Security Service filed a lawsuit, which it won, compelling it Telegram do so. With no response, Roscomnadzor obtained a court order to have Telegram blocked.

In a massive response, Russian ISPs – at Roscomnadzor’s behest – began mass-blocking IP addresses on a massive scale. Millions of IP addresses belong to Amazon, Google and other innocent parties were rendered inaccessible in Russia, causing chaos online.

Even VPN providers were targeted for facilitating access to Telegram but while the service strained under the pressure, it never went down and continues to function today.

In the wake of the operation there has been some attempt at a cleanup job, with Roscomnadzor announcing this week that it had unblocked millions of IP addresses belonging to Google.

“As part of a package of the measures to enforce the court’s decision on Telegram, Roskomnadzor has removed six Google subnets (more than 3.7 million IP-addresses) from the blocklist,” the telecoms watchdog said in a statement.

“In this case, the IP addresses of Telegram, which are part of these subnets, are fully installed and blocked. Subnets are unblocked in order to ensure the correct operation of third-party Internet resources.”

But while Roscomnadzor attempts to calm the seas, those angered by Russia’s carpet-bombing of the Internet were determined to make their voices heard. Hackers attacked the website of the Federal Agency for International Cooperation this week, defacing it with scathing criticism combined with NSFW suggestions and imagery.

“Greetings, Roskomnadzor,” the message began.

“Your recent destructive actions towards the Russian internet sector have led us to believe that you are nothing but a bunch of incompetent mindless worms. You shall not be able to continue this pointless vandalism any further.”

Signing off with advice to consider the defacement as a “final warning”, the hackers disappeared into the night after leaving a simple signature.

“Yours, Anonymous,” they wrote.

But the hackers weren’t done yet. In a NSFW cartoon strip that probably explains itself, ‘Anonymous’ suggested that Roscomnadzor should perhaps consider blocking itself, with the implement depicted in the final frame.

“Anus, block yourself Roscomnadzor”

But while Russia’s attack on Telegram raises eyebrows worldwide, the actions of those in authority continue to baffle.

Last week, Prime Minister Dmitry Medvedev’s press secretary, Natalia Timakova, publicly advised a colleague to circumvent the Telegram blockade using a VPN, effectively undermining the massive efforts of the authorities. This week the head of Roscomnadzor only added to the confusion.

Effectively quashing rumors that he’d resigned due to the Telegram fiasco, Alexander Zharov had a conversation with the editor-in-chief of radio station ‘Says Moscow’.

During the liason, which took place during the Victory Parade in Red Square, Zharov was asked how he could be contacted. When Telegram was presented as a potential method, Zharov confirmed that he could be reached via the platform.

Finally, in a move that’s hoped could bring an end to the attack on the platform and others like it, Telegram filed an appeal this week challenging a decision by the Supreme Court of Russia which allows the Federal Security Service to demand access to encryption keys.

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

Russia Blocks 50 VPNs & Anonymizers in Telegram Crackdown, Viber Next

Post Syndicated from Andy original https://torrentfreak.com/russia-blocks-50-vpns-anonymizers-in-telegram-crackdown-viber-next-180504/

Any entity operating an encrypted messaging service in Russia needs to register with local authorities. They must also hand over their encryption keys when requested to do so, so that users can be monitored.

Messaging giant Telegram refused to give in to Russian pressure. Founder Pavel Durov said that he would not compromise the privacy of Telegram’s 200m monthly users, despite losing a lawsuit against the Federal Security Service which compelled him to do so. In response, telecoms watchdog Roscomnadzor filed a lawsuit to degrade Telegram via web-blocking.

After a Moscow court gave the go-ahead for Telegram to be banned in Russia last month, chaos broke out. ISPs around the country tried to block the service, which was using Amazon and Google to provide connectivity. Millions of IP addresses belonging to both companies were blocked and countless other companies and individuals had their services blocked too.

But despite the Russian carpet-bombing of Telegram, the service steadfastly remained online. People had problems accessing the service at times, of course, but their determination coupled with that of Telegram and other facilitators largely kept communications flowing.

Part of the huge counter-offensive was mounted by various VPN and anonymizer services that allowed people to bypass ISP blocks. However, they too have found themselves in trouble, with Russian authorities blocking them for facilitating access to Telegram. In an announcement Thursday, the telecoms watchdog revealed the scale of the crackdown.

Deputy Head of Roskomnadzor told TASS that dozens of VPNs and similar services had been blocked while hinting at yet more to come.

“Fifty for the time being,” Subbotin said.

With VPN providers taking a hit on behalf of Telegram, there could be yet more chaos looming on the horizon. It’s feared that other encrypted services, which have also failed to hand over their keys to the FSB, could be targeted next.

Ministry of Communications chief Nikolai Nikiforov told reporters this week that if Viber doesn’t fall into line, it could suffer the same fate as Telegram.

“This is a matter for the Federal Security Service, because the authority with regard to such specific issues in the execution of the order for the provision of encryption keys is the authority of the FSB,” Nikiforov said.

“If they have problems with the provision of encryption keys, they can also apply to the court and obtain a similar court decision,” the minister said, responding to questions about the Japanese-owned, Luxembourg-based communications app.

With plenty of chaos apparent online, there are also reports of problems from within Roscomnadzor itself. For the past several days, rumors have been circulating in Russian media that Roskomnadzor chief Alexander Zharov has resigned, perhaps in response to the huge over-blocking that took place when Telegram was targeted.

When questioned by reporters this week, Ministry of Communications chief Nikolai Nikiforov refused to provide any further information, stating that such a matter would be for the prime minister to handle.

“I would not like to comment on this. If the chairman of the government takes this decision, I recall that the heads of services are appointed by the decision of the prime minister and personnel decisions are never commented on,” he said.

Whether Prime Minister Dmitry Medvedev will make a statement is yet to be seen, but this week his office has been dealing with a blocking – or rather unblocking – controversy of its own.

In a public post on Facebook May 1, Duma deputy Natalya Kostenko revealed that she was having problems due to the Telegram blockades.

“Dear friends, do not write to me on Telegram, I’m not getting your messages. Use other channels to contact me,” Kostenko wrote.

In response, Dmitry Medvedev’s press secretary, Natalia Timakova, told her colleague to circumvent the blockade so that she could access Telegram once again.

“Use a VPN! It’s simple. And it works almost all the time,” Timakov wrote.

Until those get blocked too, of course…..

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

Raspberry Pi aboard Pino, the smart sailboat

Post Syndicated from Alex Bate original https://www.raspberrypi.org/blog/pino-smart-sailing-boat/

As they sail aboard their floating game design studio Pino, Rekka Bellum and Devine Lu Linvega are starting to explore the use of Raspberry Pis. As part of an experimental development tool and a weather station, Pis are now aiding them on their nautical adventures!

Mar 2018: A Smart Sailboat

Pino is on its way to becoming a smart sailboat! Raspberry Pi is the ideal device for sailors, we hope to make many more projects with it. Also the projects continue still, but we have windows now yay!

Barometer

Using a haul of Pimoroni tech including the Enviro pHat, Scroll pHat HD and Mini Black HAT Hack3r, Rekka and Devine have been experimenting with using a Raspberry Pi Zero as an onboard barometer for their sailboat. On their Hundred Rabbits YouTube channel and website, the pair has documented their experimental setups. They have also built another Raspberry Pi rig for distraction-free work and development.

Hundred Rabbits Pino onboard Raspberry Pi workstation and barometer

The official Raspberry Pi 7″ touch display, a Raspberry Pi 3B+, a Pimorni Blinkt, and a Poker II Keyboard make up Pino‘s experimental development station.

“The Pi computer is currently used only as an experimental development tool aboard Pino, but could readily be turned into a complete development platform, would our principal computers fail.” they explain, before going into the build process for the Raspberry Pi–powered barometer.

Hundred Rabbits Pino onboard Raspberry Pi workstation and barometer

The use of solderless headers make this weather station an ideal build wherever space and tools are limited.

The barometer uses the sensor power of the Pimoroni Enviro HAT to measure atmospheric pressure, and a Raspberry Pi Zero displays this data on the Scroll pHAT HD. It thus advises the two travellers of oncoming storms. By taking advantage of the solderless header provided by the Sheffield-based pirates, the Hundred Rabbits team was able to put the device together with relative ease. They provide all information for the build here.

Hundred Rabbits Pino onboard Raspberry Pi workstation and barometer

All aboard Pino

If you’d like to follow the journey of Rekka Bellum and Devine Lu Linvega as they continue to travel the oceans aboard Pino, you can follow them on YouTube or Twitter, and via their website.

We are Hundred Rabbits

This is us, this what we do, and these are our intentions! We live, and work from our sailboat Pino. Traveling helps us stay creative, and we feed what we see back into our work. We make games, art, books and music under the studio name ‘Hundred Rabbits.’

 

The post Raspberry Pi aboard Pino, the smart sailboat appeared first on Raspberry Pi.

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.

Why Did The World’s Largest Streaming Site Suddenly Shut Down?

Post Syndicated from Andy original https://torrentfreak.com/why-did-the-worlds-largest-streaming-site-suddenly-shut-down-180401/

With sites like The Pirate Bay still going great guns in the background, streaming sites are now all the rage. With their Netflix style interfaces and almost instant streaming, these platforms provide the kind of instant fix impatient pirates long for.

One of the most successful was 123Movies, which over the past 18 months and several rebrandings (123movieshub, GoMovies) later managed to build a steady base of millions of users.

Had such a site made its base in the US or Europe, it’s likely that authorities would’ve been breathing down its neck somewhat sooner. However, the skyrocketing platform was allegedly based in Vietnam, a country not exactly known for its staunch support of intellectual property rights. Nevertheless, the tentacles of Hollywood and its friends in government are never far away.

In March 2017, US Ambassador to Vietnam Ted Osius called on the local Government to criminally prosecute the people behind movie streaming site 123movies, Kisscartoon, and a Putlocker variant.

Osius had a meeting with Truong Minh Tuan, Vietnam’s Minister of Information and Communications, after which the Minister assured the Ambassador that Vietnam wanted to protect copyrights. He reportedly told Osius that a decision would soon be made on how to deal with the pirate streaming sites. Perhaps coincidentally, perhaps not, during the discussions 123Movies suffered a significant period of downtime.

Almost exactly a year later, the MPAA piled on the pressure again when it branded 123Movies as the “most popular illegal site in the world”, noting that its 98 million monthly visitors were being serviced from Vietnam.

Then, around March 19, 2018, 123Movies announced that it would be shutting down for good. A notice on the site was accompanied by a countdown timer, predicting the end of the site in five days. When the timer ran out, so did the site and it remains down to this day. But was its closure entirely down to the MPAA?

For the past couple of years, Vietnam has been seeking to overhaul its intellectual property laws, not least due to pressure from countries like the United States. Then, last October, Vietnamese Ambassador Duong Chi Dung was voted in as chairman of the World Intellectual Property Organization (WIPO) General Assembly for the 2018-19 tenure.

It was the first time in 12 years that the Asia-Pacific region had had one of its representatives serving as chairperson of the WIPO General Assembly. Quite an honor considering the diplomat enjoyed the backing of 191 member nations during the Assembly’s 49th session in Geneva, Switzerland.

Then in February, local media began publishing stories detailing how Vietnam was improving its stance towards intellectual property. Citing the sixth annual International IP Index released that month by the US Chamber of Commerce Global Innovation Policy Center (GIPC), it was noted that Vietnam’s score was on the increase.

“Vietnam has taken some positive steps forward towards strengthening its IP framework to compete more closely with its Southeast Asian peers, increasing its score,” said Patrick Kilbride, vice president of GIPC.

“With continued investment in strong IP rights, Vietnam can harness this positive momentum to become a leader in the region, stimulate its domestic capacity for innovation, and enhance its global competitiveness.”

The Vietnam government was also credited with passing legislation to “strengthen the criminal standards for IP infringement”, a move set to “strengthen the enforcement environment” in the country.

Amid the positive developments, it was noted that Vietnam has a way to go. Early March a report in Vietnam News cited a deputy chief inspector of the Ministry of Science and Technology as saying that while an intellectual property court is “in sight”, it isn’t yet clear when one will appear.

“There needs be an intellectual property court in Vietnam, but we don’t know when it will be established,” Nguyễn Như Quỳnh said. That, it appears, is happily being exploited, both intentionally and by those who don’t know any better.

“Several young people are making tonnes of money out of their online businesses without having to have capital, just a few tricks to increase the number of ‘fans’ on their Facebook pages,” she said. “But a lot of them sell fake stuff, which is considered an infringement.”

Come April 10, 2018, there will be new IP regulations in place in Vietnam concerning local and cross-border copyright protection. Additionally, amendments made last year to the Penal Code, which took effect this year, mean that IP infringements carried out by businesses will now be subject to criminal prosecution.

“Article 225 of the Penal Code stipulates that violations of IPR and related rights by private individuals carries a non-custodial sentence of three years or a jail term of up to three years,” Vietnamnet.vn reports.

“Businesses found guilty will be fined VND300 million to VND1 billion (US$13,000-43,800) for the first offense. If the offense is repeated, the penalty will be a fine of VND3 billion ($130,000) or suspension of operations for up to two years.”

The threshold for criminality appears to be quite low. Previously, infringements had to be carried out “on a commercial scale” to qualify but now all that is required is an illicit profit of around US$500.

How this soup of intellectual property commitments, legislative change, hopes, dreams and promises will affect the apparent rise and fall of streaming platforms in Vietnam is unclear. All that being said, it seems likely that all of these factors are playing their part to ratchet up the pressure.

And, with the US currently playing hardball with China over a lack of respect for IP rights, Vietnam will be keen to be viewed as a cooperative nation.

As for 123Movies, it’s unknown whether it will reappear anytime soon, if at all, given the apparent shifting enthusiasm towards protecting IP in Vietnam. Perhaps against the odds its sister site, Animehub, which was launched in December 2017, is still online. But that could be gone in the blink of an eye too, if recent history is anything to go by.

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

Facebook and Cambridge Analytica

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2018/03/facebook_and_ca.html

In the wake of the Cambridge Analytica scandal, news articles and commentators have focused on what Facebook knows about us. A lot, it turns out. It collects data from our posts, our likes, our photos, things we type and delete without posting, and things we do while not on Facebook and even when we’re offline. It buys data about us from others. And it can infer even more: our sexual orientation, political beliefs, relationship status, drug use, and other personality traits — even if we didn’t take the personality test that Cambridge Analytica developed.

But for every article about Facebook’s creepy stalker behavior, thousands of other companies are breathing a collective sigh of relief that it’s Facebook and not them in the spotlight. Because while Facebook is one of the biggest players in this space, there are thousands of other companies that spy on and manipulate us for profit.

Harvard Business School professor Shoshana Zuboff calls it “surveillance capitalism.” And as creepy as Facebook is turning out to be, the entire industry is far creepier. It has existed in secret far too long, and it’s up to lawmakers to force these companies into the public spotlight, where we can all decide if this is how we want society to operate and — if not — what to do about it.

There are 2,500 to 4,000 data brokers in the United States whose business is buying and selling our personal data. Last year, Equifax was in the news when hackers stole personal information on 150 million people, including Social Security numbers, birth dates, addresses, and driver’s license numbers.

You certainly didn’t give it permission to collect any of that information. Equifax is one of those thousands of data brokers, most of them you’ve never heard of, selling your personal information without your knowledge or consent to pretty much anyone who will pay for it.

Surveillance capitalism takes this one step further. Companies like Facebook and Google offer you free services in exchange for your data. Google’s surveillance isn’t in the news, but it’s startlingly intimate. We never lie to our search engines. Our interests and curiosities, hopes and fears, desires and sexual proclivities, are all collected and saved. Add to that the websites we visit that Google tracks through its advertising network, our Gmail accounts, our movements via Google Maps, and what it can collect from our smartphones.

That phone is probably the most intimate surveillance device ever invented. It tracks our location continuously, so it knows where we live, where we work, and where we spend our time. It’s the first and last thing we check in a day, so it knows when we wake up and when we go to sleep. We all have one, so it knows who we sleep with. Uber used just some of that information to detect one-night stands; your smartphone provider and any app you allow to collect location data knows a lot more.

Surveillance capitalism drives much of the internet. It’s behind most of the “free” services, and many of the paid ones as well. Its goal is psychological manipulation, in the form of personalized advertising to persuade you to buy something or do something, like vote for a candidate. And while the individualized profile-driven manipulation exposed by Cambridge Analytica feels abhorrent, it’s really no different from what every company wants in the end. This is why all your personal information is collected, and this is why it is so valuable. Companies that can understand it can use it against you.

None of this is new. The media has been reporting on surveillance capitalism for years. In 2015, I wrote a book about it. Back in 2010, the Wall Street Journal published an award-winning two-year series about how people are tracked both online and offline, titled “What They Know.”

Surveillance capitalism is deeply embedded in our increasingly computerized society, and if the extent of it came to light there would be broad demands for limits and regulation. But because this industry can largely operate in secret, only occasionally exposed after a data breach or investigative report, we remain mostly ignorant of its reach.

This might change soon. In 2016, the European Union passed the comprehensive General Data Protection Regulation, or GDPR. The details of the law are far too complex to explain here, but some of the things it mandates are that personal data of EU citizens can only be collected and saved for “specific, explicit, and legitimate purposes,” and only with explicit consent of the user. Consent can’t be buried in the terms and conditions, nor can it be assumed unless the user opts in. This law will take effect in May, and companies worldwide are bracing for its enforcement.

Because pretty much all surveillance capitalism companies collect data on Europeans, this will expose the industry like nothing else. Here’s just one example. In preparation for this law, PayPal quietly published a list of over 600 companies it might share your personal data with. What will it be like when every company has to publish this sort of information, and explicitly explain how it’s using your personal data? We’re about to find out.

In the wake of this scandal, even Mark Zuckerberg said that his industry probably should be regulated, although he’s certainly not wishing for the sorts of comprehensive regulation the GDPR is bringing to Europe.

He’s right. Surveillance capitalism has operated without constraints for far too long. And advances in both big data analysis and artificial intelligence will make tomorrow’s applications far creepier than today’s. Regulation is the only answer.

The first step to any regulation is transparency. Who has our data? Is it accurate? What are they doing with it? Who are they selling it to? How are they securing it? Can we delete it? I don’t see any hope of Congress passing a GDPR-like data protection law anytime soon, but it’s not too far-fetched to demand laws requiring these companies to be more transparent in what they’re doing.

One of the responses to the Cambridge Analytica scandal is that people are deleting their Facebook accounts. It’s hard to do right, and doesn’t do anything about the data that Facebook collects about people who don’t use Facebook. But it’s a start. The market can put pressure on these companies to reduce their spying on us, but it can only do that if we force the industry out of its secret shadows.

This essay previously appeared on CNN.com.

EDITED TO ADD (4/2): Slashdot thread.

GoDaddy Ordered to Suspend Four Music Piracy Domains

Post Syndicated from Andy original https://torrentfreak.com/godaddy-ordered-to-suspend-four-music-piracy-domains-180327/

There are many methods used by copyright holders and the authorities in their quest to disable access to pirate sites.

Site blocking is one of the most popular but pressure can also be placed on web hosts to prevent them from doing business with questionable resources. A skip from one host to another usually solves the problem, however.

Another option is to target sites’ domains directly, by putting pressure on their registrars. It’s a practice that has famously seen The Pirate Bay burn through numerous domains in recent years, only for it to end up back on its original domain, apparently unscathed. Other sites, it appears, aren’t always so lucky.

As a full member of IFPI, the Peruvian Union of Phonographic Producers (UNIMPRO) protects the rights of record labels and musicians. Like its counterparts all over the world, UNIMPRO has a piracy problem and a complaint filed against four ‘pirate’ sites will now force the world’s largest domain registrar into action.

Mp3Juices-Download-Free.com, Melodiavip.net, Foxmusica.site and Fulltono.me were all music sites offering MP3 content without the copyright holders’ permission. None are currently available but the screenshot below shows how the first platform appeared before it was taken offline.

MP3 Juices Downnload Free

Following a complaint against the sites by UNIMPRO, the Copyright Commission (Comisión de Derecho de Autor) conducted an investigation into the platforms’ activities. The Commission found that the works they facilitated access to infringed copyright. It was also determined that each site generated revenue from advertising.

Given the illegal nature of the sites and the high volume of visitors they attract, the Commission determined that they were causing “irreparable damage” to legitimate copyright holders. Something, therefore, needed to be done.

The action against the sites involved the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi), an autonomous public body of the Peruvian state tasked with handling anti-competitive behavior, unfair competition, and intellectual property matters.

Indecopi HQ

After assessing the evidence, Indecopi, through the Copyright Commission, issued precautionary (interim) measures compelling US-based GoDaddy, the world’s largest domain registrar which handles the domains for all four sites, to suspend them with immediate effect.

“The Copyright Commission of INDECOPI issued four precautionary measures in order that the US company Godaddy.com, LLC (in its capacity as registrar of domain names) suspend the domains of four websites, through which it would have infringed the legislation on Copyright and Related Rights, by making available a large number of musical phonograms without the corresponding authorization, to the detriment of its legitimate owners,” Indecopi said in a statement.

“The suspension was based on the great evidence that was provided by the Commission, on the four websites that infringe copyright, and in the framework of the policy of support for the protection of intellectual property.”

Indecopi says that GoDaddy can file an appeal against the decision. At the time of writing, none of the four domains currently returns a working website.

TorrentFreak has requested a comment from GoDaddy but at the time of publication, we were yet to receive a response.

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

Tracking Cookies and GDPR

Post Syndicated from Bozho original https://techblog.bozho.net/tracking-cookies-gdpr/

GDPR is the new data protection regulation, as you probably already know. I’ve given a detailed practical advice for what it means for developers (and product owners). However, there’s one thing missing there – cookies. The elephant in the room.

Previously I’ve stated that cookies are subject to another piece of legislation – the ePrivacy directive, which is getting updated and its new version will be in force a few years from now. And while that’s technically correct, cookies seem to be affected by GDPR as well. In a way I’ve underestimated that effect.

When you do a Google search on “GDPR cookies”, you’ll pretty quickly realize that a) there’s not too much information and b) there’s not much technical understanding of the issue.

What appears to be the consensus is that GDPR does change the way cookies are handled. More specifically – tracking cookies. Here’s recital 30:

(30) Natural persons may be associated with online identifiers provided by their devices, applications, tools and protocols, such as internet protocol addresses, cookie identifiers or other identifiers such as radio frequency identification tags. This may leave traces which, in particular when combined with unique identifiers and other information received by the servers, may be used to create profiles of the natural persons and identify them.

How tracking cookies work – a 3rd party (usually an ad network) gives you a code snippet that you place on your website, for example to display ads. That code snippet, however, calls “home” (makes a request to the 3rd party domain). If the 3rd party has previously been used on your computer, it has created a cookie. In the example of Facebook, they have the cookie with your Facebook identifier because you’ve logged in to Facebook. So this cookie (with your identifier) is sent with the request. The request also contains all the details from the page. In effect, you are uniquely identified by an identifier (in the case of Facebook and Google – fully identified, rather than some random anonymous identifier as with other ad networks).

Your behaviour on the website is personal data. It gets associated with your identifier, which in turn is associated with your profile. And all of that is personal data. Who is responsible for collecting the website behaviour data, i.e. who is the “controller”? Is it Facebook (or any other 3rd party) that technically does the collection? No, it’s the website owner, as the behaviour data is obtained on their website, and they have put the tracking piece of code there. So they bear responsibility.

What’s the responsibility? So far it boiled down to displaying the useless “we use cookies” warning that nobody cares about. And the current (old) ePrivacy directive and its interpretations says that this is enough – if the users actions can unambiguously mean that they are fine with cookies – i.e. if they continue to use the website after seeing the warning – then you’re fine. This is no longer true from a GDPR perspective – you are collecting user data and you have to have a lawful ground for processing.

For the data collected by tracking cookies you have two options – “consent” and “legitimate interest”. Legitimate interest will be hard to prove – it is not something that a user reasonably expects, it is not necessary for you to provide the service. If your lawyers can get that option to fly, good for them, but I’m not convinced regulators will be happy with that.

The other option is “consent”. You have to ask your users explicitly – that means “with a checkbox” – to let you use tracking cookies. That has two serious implications – from technical and usability point of view.

  • The technical issue is that the data is sent via 3rd party code as soon as the page loads and before the user can give their consent. And that’s already a violation. You can, of course, have the 3rd party code be dynamically inserted only after the user gives consent, but that will require some fiddling with javascript and might not always work depending on the provider. And you’d have to support opt-out at any time (which would in turn disable the 3rd party snippet). It would require actual coding, rather than just copy-pasting a snippet.
  • The usability aspect is the bigger issue – while you could neatly tuck a cookie warning at the bottom, you’d now have to have a serious, “stop the world” popup that asks for consent if you want anyone to click it. You can, of course, just add a checkbox to the existing cookie warning, but don’t expect anyone to click it.

These aspects pose a significant questions: is it worth it to have tracking cookies? Is developing new functionality worth it, is interrupting the user worth it, and is implementing new functionality just so that users never clicks a hidden checkbox worth it? Especially given that Firefox now blocks all tracking cookies and possibly other browsers will follow?

That by itself is an interesting topic – Firefox has basically implemented the most strict form of requirements of the upcoming ePrivacy directive update (that would turn it into an ePrivacy regulation). Other browsers will have to follow, even though Google may not be happy to block their own tracking cookies. I hope other browsers follow Firefox in tracking protection and the issue will be gone automatically.

To me it seems that it will be increasingly not worthy to have tracking cookies on your website. They add regulatory obligations for you and give you very little benefit (yes, you could track engagement from ads, but you can do that in other ways, arguably by less additional code than supporting the cookie consents). And yes, the cookie consent will be “outsourced” to browsers after the ePrivacy regulation is passed, but we can’t be sure at the moment whether there won’t be technical whack-a-mole between browsers and advertisers and whether you wouldn’t still need additional effort to have dynamic consent for tracking cookies. (For example there are reported issues that Firefox used to make Facebook login fail if tracking protection is enabled. Which could be a simple bug, or could become a strategy by big vendors in the future to force browsers into a less strict tracking protection).

Okay, we’ve decided it’s not worth it managing tracking cookies. But do you have a choice as a website owner? Can you stop your ad network from using them? (Remember – you are liable if users’ data is collected by visiting your website). And currently the answer is no – you can’t disable that. You can’t have “just the ads”. This is part of the “deal” – you get money for the ads you place, but you participate in a big “surveillance” network. Users have a way to opt out (e.g. Google AdWords gives them that option). You, as a website owner, don’t.

Facebook has a recommendations page that says “you take care of getting the consent”. But for example the “like button” plugin doesn’t have an option to not send any data to Facebook.

And sometimes you don’t want to serve ads, just track user behaviour and measure conversion. But even if you ask for consent for that and conditionally insert the plugin/snippet, do you actually know what data it sends? And what it’s used for? Because you have to know in order to inform your users. “Do you agree to use tracking cookies that Facebook has inserted in order to collect data about your behaviour on our website” doesn’t sound compelling.

So, what to do? The easiest thing is just not to use any 3rd party ad-related plugins. But that’s obviously not an option, as ad revenue is important, especially in the publishing industry. I don’t have a good answer, apart from “Regulators should pressure ad networks to provide opt-outs and clearly document their data usage”. They have to do that under GDPR, and while website owners are responsible for their users’ data, the ad networks that are in the role of processors in this case (as you delegate the data collection for your visitors to them) also have obligation to assist you in fulfilling your obligations. So ask Facebook – what should I do with your tracking cookies? And when the regulator comes after a privacy-aware customer files a complaint, you could prove that you’ve tried.

The ethical debate whether it’s wrong to collect data about peoples’ behaviour without their informed consent is an easy one. And that’s why I don’t put blame on the regulators – they are putting the ethical consensus in law. It gets more complicated if not allowing tracking means some internet services are no longer profitable and therefore can’t exist. Can we have the cake and eat it too?

The post Tracking Cookies and GDPR appeared first on Bozho's tech blog.

Dotcom’s Bid to Compel Obama to Give Evidence Rejected By High Court

Post Syndicated from Andy original https://torrentfreak.com/dotcoms-bid-to-compel-obama-to-give-evidence-rejected-by-high-court-180321/

With former US president Barack Obama in New Zealand until Friday, the visit provided a golden opportunity for Kim Dotcom to pile on yet more pressure over the strained prosecution of both him and his defunct cloud storage site, Megaupload.

In a statement issued yesterday, Dotcom reiterated his claims that attempts to have him extradited to the United States have no basis in law, chiefly due to the fact that the online dissemination of copyright-protected works by Megaupload’s users is not an extradition offense in New Zealand.

Mainly, however, Dotcom shone yet more light on what he perceives to be the dark politics behind the case, arguing that the Obama administration was under pressure from Hollywood to do something about copyright enforcement or risk losing funding. He says they pulled out all the stops and trampled his rights to prevent that from happening.

In a lengthy affidavit, filed this week to coincide with Obama’s visit, Dotcom called on the High Court to compel the former president to give evidence in the entrepreneur’s retaliatory multi-billion dollar damages claim against the Kiwi government.

This morning, however, Chief High Court Judge, Justice Geoffrey Venning, quickly shut that effort down.

With Obama enjoying a round of golf alongside former Prime Minister and Dotcom nemesis John Key, Justice Venning declined the request to compel Obama to give evidence, whether in New Zealand during the current visit or via letter of request to judicial authorities in the United States.

In his decision, Justice Venning notes that Dotcom’s applications were filed late on March 19 and the matter was only handed to him yesterday. As a result, he convened a telephone conference this morning to “deal with the application as a matter of urgency.”

Dotcom’s legal team argued that in the absence of a Court order it’s unlikely that Obama would give evidence. Equally, given that no date has yet been set for Dotcom’s damages hearing, it will “not be practicable” to serve Obama at a later point in the United States.

Furthermore, absent an order compelling his attendance, Obama would be unlikely to be called as a witness, despite him being the most competent potential witness currently present in New Zealand.

Dotcom counsel Ron Mansfield accepted that there would be practical limitations on what could be achieved between March 21 and March 23 while Obama is in New Zealand. However, he asked that an order be granted so that it could be served while Obama is in the country, even if the examination took place at a later date.

The Judge wasn’t convinced.

“Despite Mr Mansfield’s concession, I consider the application is still premature. The current civil proceedings were only filed on 22 December 2017. The defendants have applied for an order deferring the filing of a statement of defense pending the determination of the hearing of two appeals currently before the Court of Appeal. That application is yet to be determined,” Justice Venning’s decision reads.

The Judge also questions whether evidence Obama could give would be relevant.

He notes that Dotcom’s evidence is based on the fact that Hollywood was a major benefactor of the Democratic Party in the United States and that, in his opinion, the action against Megaupload and him “met the United States’ need to appease the Hollywood lobby” and “that the United States and New Zealand’s interests were perfectly aligned.”

However, Dotcom’s transcripts of his conversations with a lobbyist, which appeared to indicate Obama’s dissatisfaction with the Megaupload prosecution, are dismissed as “hearsay evidence”. Documentation of a private lunch with Obama and the head of the MPAA is also played down.

“Mr Dotcom’s opinion that Mr Obama’s evidence will be relevant to the present claims appears at best speculative,” the Judge notes.

But even if the evidence had been stronger, Justice Venning says that Obama would need to be given time to prepare for an examination, given that it would relate to matters that occurred several years ago.

“He would need to review relevant documents and materials from the time in preparation for any examination. That confirms the current application is premature,” the Judge writes.

In support, it is noted that Dotcom knew as early as February 21 that Obama’s visit would be taking place this week, yet his application was filed just days ago.

With that, the Judge dismissed the application, allowing Obama to play golf in peace. Well, relative peace at least. Dotcom isn’t done yet.

“I am disappointed of course because I believe my affidavit contains compelling evidence of the link between the Obama administration, Hollywood, and my extradition proceeding. However, after seven years of this, I am used to fighting to get to the truth and will keep fighting. Next round!” Dotcom said in response.

“The judgment is no surprise and we’ll get the opportunity to question Obama sooner or later,” he added.

As a further indication of the international nature of Dotcom’s case, the Megaupload founder also reminded people of his former connections to Hong Kong, noting that people in power there are keeping an eye on his case.

“The Chinese Government is watching my case with interest. Expect some bold action in the Hong Kong Courts soon. Never again shall an accusation from the US DOJ be enough to destroy a Hong Kong business. That lesson will soon be learned,” he said.

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

Dotcom Affidavit Calls For Obama to Give Evidence in Megaupload Case

Post Syndicated from Andy original https://torrentfreak.com/dotcom-affidavit-calls-for-obama-to-give-evidence-in-megaupload-case-180320/

For more than six years since the raid on Megaupload, founder Kim Dotcom has insisted that the case against him, his co-defendants, and his company, was politically motivated.

The serial entrepreneur states unequivocally that former president Barack Obama’s close ties to Hollywood were the driving force.

Later today, Obama will touch down for a visit to New Zealand. In what appears to be a tightly managed affair, with heavy restrictions placed on the media and publicity, it seems clear that Obama wants to maintain control over his social and business engagements in the country.

But of course, New Zealand is home to Kim Dotcom and as someone who feels wronged by the actions of the former administration, he is determined to use this opportunity to shine more light on Obama’s role in the downfall of his company.

In a statement this morning, Dotcom reiterated his claims that attempts to have him extradited to the United States have no basis in law, chiefly due to the fact that the online dissemination of copyright-protected works by Megaupload’s users is not an extradition offense in New Zealand.

But Dotcom also attacks the politics behind his case, arguing that the Obama administration was under pressure from Hollywood to do something about copyright enforcement or risk losing financial support.

In connection with his case, Dotcom is currently suing the New Zealand government for billions of dollars so while Obama is in town, Dotcom is demanding that the former president gives evidence.

Dotcom’s case is laid out in a highly-detailed sworn affidavit dated March 19, 2018. The Megaupload founder explains that Hollywood has historically been a major benefactor of the Democrats so when seeking re-election for a further term, the Democrats were under pressure from the movie companies to make an example of Megaupload and Dotcom.

Dotcom notes that while he was based in Hong Kong, extradition to the US would be challenging. So, with Dotcom seeking residence in New Zealand, a plot was hatched to allow him into the country, despite the New Zealand government knowing that a criminal prosecution lay in wait for him. Dotcom says that by doing a favor for Hollywood, it could mean that New Zealand became a favored destination for US filmmakers.

“The interests of the United States and New Zealand were therefore perfectly aligned. I provided the perfect opportunity for New Zealand to facilitate the United States’ show of force on copyright enforcement,” Dotcom writes.

Citing documents obtained from Open Secrets, Dotcom shows how the Democrats took an 81% share of more than $46m donated to political parties in the US during the 2008 election cycle. In the 2010 cycle, 76% of more than $24m went to the Democrats and in 2012, they scooped up 78% of more than $56m.

Dotcom then recalls the attempts at passing the Stop Online Piracy Act (SOPA), which would have shifted the enforcement of copyright onto ISPs, assisting Hollywood greatly. Ultimately, Congressional support for the proposed legislation was withdrawn and Dotcom recalls this was followed by a public threat from the MPAA to withdraw campaign contributions on which the Democrats were especially reliant.

“The message to the White House was plain: do not expect funding if you do not advance the MPAA’s legislative agenda. On 20 January 2012, the day after this statement, I was arrested,” Dotcom notes.

Describing Megaupload as a highly profitable and innovative platform that highlighted copyright owners’ failure to keep up with the way in which content is now consumed, Dotcom says it made the perfect target for the Democrats.

Convinced the party was at the root of his prosecution, he utilized his connections in Hong Kong to contact Thomas Hart, a lawyer and lobbyist in Washington, D.C. with strong connections to the Democrats and the White House.

Dotcom said a telephone call between him and Mr Hart revealed that then Vice President Joe Biden was at the center of Dotcom’s prosecution but that Obama was dissatisfied with the way things had been handled.

“Biden did admit to have… you know, kind of started it, you know, along with support from others but it was Biden’s decision…,” Hart allegedly said.

“What he [President Obama] expressed to me was a growing concern about the matter. He indicated an awareness of that it had not gone well, that it was more complicated than he thought, that he will turn his attention to it more prominently after November.”

Dotcom says that Obama was “questioning the whole thing,” a suggestion that he may not have been fully committed to the continuing prosecution.

The affidavit then lists a whole series of meetings in 2011, documented in the White House visitor logs. They include meetings with then United States Attorney Neil McBride, various representatives from Hollywood, MPAA chief Chris Dodd, Mike Ellis of the MPA (who was based in Hong Kong and had met with New Zealand’s then Minister of Justice, Simon Power) and the Obama administration.

In summary, Dotcom suggests there was a highly organized scheme against him, hatched between Hollywood and the Obama administration, that had the provision of funds to win re-election at its heart.

From there, an intertwined agreement was reached at the highest levels of both the US and New Zealand governments where the former would benefit through tax concessions to Hollywood (and a sweetening of relations between the countries) and the latter would benefit financially through investment.

All New Zealand had to do was let Dotcom in for a while and then hand him over to the United States for prosecution. And New Zealand definitely knew that Dotcom was wanted by the US. Emails obtained by Dotcom concerning his residency application show that clearly.

“Kim DOTCOM is not of security concern but is likely to soon become the subject of a joint FBI / NZ Police criminal investigation. We have passed this over to NZ Police,” one of the emails reads. Another, well over a year before the raid, also shows the level of knowledge.

Bad but wealthy, so we have plans for him…

With “political pressure” to grant Dotcom’s application in place, Immigration New Zealand finally gave the Megaupload founder the thumbs-up on November 1, 2010. Dotcom believes that New Zealand was concerned he may have walked away from his application.

“This would have been of grave concern to the Government, which, at that time, was in negotiations with Hollywood lobby,” his affidavit reads.

“The last thing they would have needed at that delicate stage of the negotiations was for me to walk away from New Zealand and return to Hong Kong, where extradition would be more difficult. I believe that this concern is what prompted the ‘political pressure’ that led to my application finally being granted despite the presence of factors that would have caused anyone else’s application to have been rejected.”

Dotcom says that after being granted residency, there were signs things weren’t going to plan for him. The entrepreneur applied to buy his now-famous former mansion for NZ$37m, an application that was initially approved. However, after being passed to Simon Power, the application was denied.

“It would appear that, although my character was apparently good enough for me to be granted residence in November 2010, in July 2011 it was not considered good enough for me to buy property in New Zealand,” Dotcom notes.

“The Honourable Mr Power clearly did not want me purchasing $37 million of real estate, presumably because he knew that the United States was going to seek forfeiture of my assets and he did not want what was then the most expensive property in New Zealand being forfeited to the United States government.”

Of course, Dotcom concludes by highlighting the unlawful spying by New Zealand’s GCSB spy agency and the disproportionate use of force displayed by the police when they raided him in 2010 using dozens of armed officers. This, combined with all of the above, means that questions about his case must now be answered at the highest levels. With Obama in town, there’s no time like the present.

“As the evidence above demonstrates, this improper purpose which was then embraced by the New Zealand authorities, originated in the White House under the Obama administration. It is therefore necessary to examine Mr Obama in this proceeding,” Dotcom concludes.

Press blackouts aside, it appears that Obama has rather a lot of golf lined up for the coming days. Whether he’ll have any time to answer Dotcom’s questions is one thing but whether he’ll even be asked to is perhaps the most important point of all.

The full affidavit and masses of supporting evidence can be found here.

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

Founder of Fan-Made Subtitle Site Lose Copyright Infringement Appeal

Post Syndicated from Andy original https://torrentfreak.com/founder-of-fan-made-subtitle-site-lose-copyright-infringement-appeal-180318/

For millions of people around the world, subtitles are the only way to enjoy media in languages other than that in the original production. For the deaf and hard of hearing, they are absolutely essential.

Movie and TV show companies tend to be quiet good at providing subtitles eventually but in line with other restrictive practices associated with their industry, it can often mean a long wait for the consumer, particularly in overseas territories.

For this reason, fan-made subtitles have become somewhat of a cottage industry in recent years. Where companies fail to provide subtitles quickly enough, fans step in and create them by hand. This has led to the rise of a number of subtitling platforms, including the now widely recognized Undertexter.se in Sweden.

The platform had its roots back in 2003 but first hit the headlines in 2013 when Swedish police caused an uproar by raiding the site and seizing its servers.

“The people who work on the site don’t consider their own interpretation of dialog to be something illegal, especially when we’re handing out these interpretations for free,” site founder Eugen Archy said at the time.

Vowing to never give up in the face of pressure from the authorities, anti-piracy outfit Rättighetsalliansen (Rights Alliance), and companies including Nordisk Film, Paramount, Universal, Sony and Warner, Archy said that the battle over what began as a high school project would continue.

“No Hollywood, you played the wrong card here. We will never give up, we live in a free country and Swedish people have every right to publish their own interpretations of a movie or TV show,” he said.

It took four more years but in 2017 the Undertexter founder was prosecuted for distributing copyright-infringing subtitles while facing a potential prison sentence.

Things didn’t go well and last September the Attunda District Court found him guilty and sentenced the then 32-year-old operator to probation. In addition, he was told to pay 217,000 Swedish krona ($26,400) to be taken from advertising and donation revenues collected through the site.

Eugen Archy took the case to appeal, arguing that the Svea Hovrätt (Svea Court of Appeal) should acquit him of all the charges and dismiss or at least reduce the amount he was ordered to pay by the lower court. Needless to say, this was challenged by the prosecution.

On appeal, Archy agreed that he was the person behind Undertexter but disputed that the subtitle files uploaded to his site infringed on the plaintiffs’ copyrights, arguing they were creative works in their own right.

While to an extent that may have been the case, the Court found that the translations themselves depended on the rights connected to the original work, which were entirely held by the relevant copyright holders. While paraphrasing and parody might be allowed, pure translations are completely covered by the rights in the original and cannot be seen as new and independent works, the Court found.

The Svea Hovrätt also found that Archy acted intentionally, noting that in addition to administering the site and doing some translating work himself, it was “inconceivable” that he did not know that the subtitles made available related to copyrighted dialog found in movies.

In conclusion, the Court of Appeal upheld Archy’s copyright infringement conviction (pdf, Swedish) and sentenced him to probation, as previously determined by the Attunda District Court.

Last year, the legal status of user-created subtitles was also tested in the Netherlands. In response to local anti-piracy outfit BREIN forcing several subtitling groups into retreat, a group of fansubbers decided to fight back.

After raising their own funds, in 2016 the “Free Subtitles Foundation” (Stichting Laat Ondertitels Vrij – SLOV) took the decision to sue BREIN with the hope of obtaining a favorable legal ruling.

In 2017 it all fell apart when the Amsterdam District Court handed down its decision and sided with BREIN on each count.

The Court found that subtitles can only be created and distributed after permission has been obtained from copyright holders. Doing so outside these parameters amounts to copyright infringement.

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