Tag Archives: RIAA

MP3 Stream Rippers Are Not Illegal Sites, EFF Tells US Government

Post Syndicated from Ernesto original https://torrentfreak.com/mp3-stream-rippers-are-not-illegal-sites-eff-tells-us-government-171021/

Free music is easy to find nowadays. Just head over to YouTube and you can find millions of tracks including many of the most recent releases.

While some artists happily share their work, the major record labels don’t want tracks to leak outside YouTube’s ecosystem. For this reason, they want YouTube to MP3 rippers shut down.

Earlier this month, the RIAA sent its overview of “notorious markets” to the Office of the US Trade Representative (USTR), highlighting several of these sites and asking for help.

“The overall popularity of these sites and the staggering volume of traffic it attracts evidences the enormous damage being inflicted on the U.S. record industry,” the RIAA wrote, calling out Mp3juices.cc, Convert2mp3.net, Savefrom.net, Ytmp3.cc, Convertmp3.io, Flvto.biz, and 2conv.com as the most popular offenders.

This position is shared by many other music industry groups. They see stream ripping as the largest piracy threat online. After shutting down YouTube-MP3, they hope to topple other sites as well, ideally with the backing of the US Government.

However, not everyone shares the belief that stream ripping equals copyright infringement.

In a rebuttal, the Electronic Frontier Foundation (EFF) informs the USTR that the RIAA is trying to twist the law in its favor. Not all stream ripping sites are facilitating copyright infringement by definition, the EFF argues.

“RIAA’s discussion of ‘stream-ripping’ websites misstates copyright law. Websites that simply allow users to extract the audio track from a user-selected online video are not ‘illegal sites’ and are not liable for copyright infringement, unless they engage in additional conduct that meets the definition of infringement,” the EFF writes.

Flvto

While some people may use these sites to ‘pirate’ tracks there are also legitimate purposes, the digital rights group notes. Some creators specifically allow others to download and modify their work, for example, and in other cases ripping can be seen as fair use.

“There exists a vast and growing volume of online video that is licensed for free downloading and modification, or contains audio tracks that are not subject to copyright,” the EFF stresses.

“Moreover, many audio extractions qualify as non-infringing fair uses under copyright. Providing a service that is capable of extracting audio tracks for these lawful purposes is itself lawful, even if some users infringe.”

The fact that these sites generate revenue from advertising doesn’t make them illegal either. While there are some issues that could make a site liable, such as distributing infringing content to third parties, the EFF argues that many of the sites identified by the RIAA are not clearly involved in such activities.

Instead of solely relying on the characterizations of the RIAA, the US Government should judge these sites independently, in accordance with the law.

“USTR must apply U.S. law as it is, not as particular industry organizations wish it to be. Accordingly, it is inappropriate to describe ‘stream-ripping’ sites as engaging in or facilitating infringement. That logic would discourage U.S. firms from providing many forms of useful, lawful technology that processes or interacts with copyrighted work in digital form, to the detriment of U.S. trade,” the EFF concludes.

It is worth highlighting that most sites the RIAA mentioned specifically advertise themselves as YouTube converters. While this violates YouTube’s Terms of Service, something the streaming platform isn’t happy with, it doesn’t automatically classify them as infringing services.

Ideally, the RIAA and other music industry group would like YouTube to shut down these sites but if that doesn’t happen, more lawsuits may follow in the future. Then, the claims from both sides can be properly tested in court.

The full EFF response is available here (pdf). In addition to the stream ripping comments, the digital rights group also defends CDN providers such as Cloudflare, reverse proxies, and domain registrars from MPAA and RIAA piracy complaints.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Cloudflare Counters MPAA and RIAA’s ‘Rehashed’ Piracy Complaints

Post Syndicated from Ernesto original https://torrentfreak.com/cloudflare-counters-mpaa-and-riaas-rehashed-piracy-complaints-171020/

A few weeks ago several copyright holder groups sent their annual “Notorious Markets” complaints to the U.S. Trade Representative (USTR).

While the recommendations usually include well-known piracy sites such as The Pirate Bay, third-party services are increasingly mentioned. MPAA and RIAA, for example, wrote that Cloudflare frustrates enforcement efforts by helping pirate sites to “hide”.

The CDN provider is not happy with these characterizations and this week submitted a rebuttal. Cloudflare’s General Counsel Doug Kramer says that the company was surprised to see these mentions. Not only because they “distort” reality, but also because they are pretty much identical to those leveled last year.

“Most surprising is that their comments were basically the same complaints they filed in 2016 and contain the same mistakes and distortions that we pointed out in our rebuttal comments from October, 2016.”

“Simply repeating the same mischaracterizations for a second year in a row does not convert them into facts, so we are compelled to reiterate our objections,” Kramer adds (pdf).

There is indeed quite a bit of overlap between the submissions from both years. In fact, several sections are copied word for word, such as the RIAA’s allegation below.

“In addition, more sites are now employing services of Cloudflare, a content delivery network and distributed domain name server service. BitTorrent sites, like many other pirate sites, are increasing [sic] turning to Cloudflare because routing their site through Cloudflare obfuscates the IP address of the actual hosting provider, masking the location of the site.”

The same can be said about the MPAA’s submission, which includes a lot of the same comments and sentences as last year. That wouldn’t be much of a problem if the information was correct, but according to Cloudflare, that’s not the case.

The two industry groups claim that the CDN provider makes it more difficult to track where pirate sites are hosted. However, Cloudflare argues the opposite.

Both RIAA and MPAA are part of the “Trusted Reporter” program and use it frequently, Cloudflare points out. This program allows rightsholders to easily obtain the actual IP-addresses of Cloudflare-hosted websites that engage in widespread copyright infringement.

Most importantly, according to Cloudflare, is that the company follows the letter of the law.

“Cloudflare does not make the process of enforcing intellectual property rights online any harder — or any easier. We follow all applicable laws and regulations,” Cloudflare explained in its submission last year.

In its 2017 rebuttal, the company reiterates this position once again. Kramer also points to a recent blog post from CEO Matthew Prince, which discusses free speech and censorship issues. The message is that vigilante justice is not the answer to piracy, and all relevant stakeholders should get together to discuss how to handle these issues going forward.

For now, however, the USTR should disregard the comments regarding Cloudflare as irrelevant and inaccurate, the company argues.

“We trust that USTR will once again agree with Cloudflare that complaints implying that Cloudflare is aiding illegal activities have no place whatsoever in USTR’s Notorious Markets inquiry. It would seem to distract from and dilute the message of that report to focus on companies that are working to make the internet more cybersecure,” Kramer concludes.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Google Asked to Remove 3 Billion “Pirate” Search Results

Post Syndicated from Ernesto original https://torrentfreak.com/google-asked-to-remove-3-billion-pirate-search-results-171018/

Copyright holders continue to flood Google with DMCA takedown requests, asking the company to remove “pirate links” from its search results.

In recent years the number of reported URLs has exploded, surging to unprecedented heights.

Since Google first started to report the volume of takedown requests in its Transparency Report, the company has been asked to remove more than three billion allegedly infringing search results.

The frequency at which these URLs are reported has increased over the years and at the moment roughly three million ‘pirate’ URLs are submitted per day.

The URLs are sent in by major rightsholders including members of the BPI, RIAA, and various major Hollywood studios. They target a wide variety of sites, over 1.3 million, but a few dozen ‘repeat offenders’ are causing the most trouble.

File-hosting service 4shared.com currently tops the list of most-targeted domains with 66 million URLs, followed by the now-defunct MP3 download site MP3toys.xyz and Rapidgator.net, with 51 and 28 million URLs respectively.

3 billion URLs

Interestingly, the high volume of takedown notices is used as an argument for and against the DMCA process.

While Google believes that the millions of reported URLs per day are a sign that the DMCA takedown process is working correctly, rightsholders believe the volumes are indicative of an unbeatable game of whack-a-mole.

According to some copyright holders, the takedown efforts do little to seriously combat piracy. Various industry groups have therefore asked governments and lawmakers for broad revisions.

Among other things they want advanced technologies and processes to ensure that infringing content doesn’t reappear elsewhere once it’s removed, a so-called “notice and stay down” approach. In addition, Google has often been asked to demote pirate links in search results.

UK music industry group BPI, who are responsible for more than 10% of all the takedown requests on Google, sees the new milestone as an indicator of how much effort its anti-piracy activities take.

“This 3 billion figure shows how hard the creative sector has to work to police its content online and how much time and resource this takes. The BPI is the world’s largest remover of illegal music links from Google, one third of which are on behalf of independent record labels,” Geoff Taylor, BPI’s Chief Executive, informs TF.

However, there is also some progress to report. Earlier this year BPI announced a voluntary partnership with Google and Bing to demote pirate content faster and more effectively for US visitors.

“We now have a voluntary code of practice in place in the UK, facilitated by Government, that requires Google and Bing to work together with the BPI and other creator organizations to develop lasting solutions to the problem of illegal sites gaining popularity in search listings,” Taylor notes.

According to BPI, both Google and Bing have shown that changes to their algorithms can be effective in demoting the worst pirate sites from the top search results and they hope others will follow suit.

“Other intermediaries should follow this lead and take more responsibility to work with creators to reduce the proliferation of illegal links and disrupt the ability of illegal sites to capture consumers and build black market businesses that take money away from creators.”

Agreement or not, there are still plenty of pirate links in search results, so the BPI is still sending out millions of takedown requests per month.

We asked Google for a comment on the new milestone but at the time of writing, we have yet to hear back. In any event, the issue is bound to remain a hot topic during the months and years to come.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Spinrilla Wants RIAA Case Thrown Out Over ‘Lies’ About ‘Hidden’ Piracy Data

Post Syndicated from Ernesto original https://torrentfreak.com/spinrilla-wants-riaa-case-thrown-out-over-lies-about-hidden-piracy-data-171016/

Earlier this year, a group of well-known labels targeted Spinrilla, a popular hip-hop mixtape site and app which serves millions of users.

The coalition of record labels, including Sony Music, Warner Bros. Records, and Universal Music Group, filed a lawsuit against the service over alleged copyright infringements.

While the discovery process is still ongoing, Spinrilla recently informed the court that the record labels have “just about derailed” the entire case. The company has submitted a motion for sanctions, which is currently sealed, but additional information submitted to the court this week reveals what’s going on.

When the labels filed their original complaint they listed 210 tracks, without providing the allegedly infringing URLs. These weren’t shared during the early stages of the discovery process either, forcing the site to manually search for potentially infringing links.

Then, early October, Spinrilla received a massive spreadsheet with over 2,000 tracks, including the infringing URLs. This data came from the RIAA and supported the long list of infringements in the amended complaint submitted around the same time.

The spreadsheet would have made the discovery process much easier for Spinrilla. In a supplemental brief supporting a motion for sanctions, Spinrilla accuses the labels of hiding the piracy data from them and lying about it, “derailing” the case in the process.

“Significantly, Plaintiffs used that lie to convince the Court they should be allowed to add about 1,900 allegedly infringed sound recordings to their original list of 210. Later, Plaintiffs repeated that lie to convince the Court to give them time to add even more sound recordings to their list.”

vbcn

Spinrilla says they were forced to go down an expensive and unnecessary rabbit hole to find the infringing files, even though the RIAA data was available all along.

“By hiding and lying about the RIAA data, Plaintiffs forced Defendants to spend precious time and money fumbling through discovery. Not knowing that Plaintiffs had the RIAA data,” the company writes.

The hip-hop mixtape site argues that the alleged wrongdoing is severe enough to have the entire complaint dismissed, as the ultimate sanction.

“It is without exaggeration to say that by hiding the RIAA spreadsheets and that underlying data, Defendants have been severely prejudiced. The Complaint should be dismissed with prejudice and, if it is, Plaintiffs can only blame themselves,” Spinrilla concludes.

The stakes are certainly high in this case. With well over 2,000 infringing tracks listed in the amended complaint, the hip-hop mixtape site faces statutory damages as high as $300 million, at least in theory.

Spinrilla’s supplement brief in further support of the motion for sanctions is available here (pdf).

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

SOPA Ghosts Hinder U.S. Pirate Site Blocking Efforts

Post Syndicated from Ernesto original https://torrentfreak.com/sopa-ghosts-hinder-u-s-pirate-site-blocking-efforts-171008/

Website blocking has become one of the entertainment industries’ favorite anti-piracy tools.

All over the world, major movie and music industry players have gone to court demanding that ISPs take action, often with great success.

Internal MPAA research showed that website blockades help to deter piracy and former boss Chris Dodd said that they are one of the most effective anti-tools available.

While not everyone is in agreement on this, the numbers are used to lobby politicians and convince courts. Interestingly, however, nothing is happening in the United States, which is where most pirate site visitors come from.

This is baffling to many people. Why would US-based companies go out of their way to demand ISP blocking in the most exotic locations, but fail to do the same at home?

We posed this question to Neil Turkewitz, RIAA’s former Executive Vice President International, who currently runs his own consulting group.

The main reason why pirate site blocking requests have not yet been made in the United States is down to SOPA. When the proposed SOPA legislation made headlines five years ago there was a massive backlash against website blocking, which isn’t something copyright groups want to reignite.

“The legacy of SOPA is that copyright industries want to avoid resurrecting the ghosts of SOPA past, and principally focus on ways to creatively encourage cooperation with platforms, and to use existing remedies,” Turkewitz tells us.

Instead of taking the likes of Comcast and Verizon to court, the entertainment industries focused on voluntary agreements, such as the now-defunct Copyright Alerts System. However, that doesn’t mean that website blocking and domain seizures are not an option.

“SOPA made ‘website blocking’ as such a four-letter word. But this is actually fairly misleading,” Turkewitz says.

“There have been a variety of civil and criminal actions addressing the conduct of entities subject to US jurisdiction facilitating piracy, regardless of the source, including hundreds of domain seizures by DHS/ICE.”

Indeed, there are plenty of legal options already available to do much of what SOPA promised. ABS-CBN has taken over dozens of pirate site domain names through the US court system. Most recently even through an ex-parte order, meaning that the site owners had no option to defend themselves before they lost their domains.

ISP and search engine blocking is also around the corner. As we reported earlier this week, a Virginia magistrate judge recently recommended an injunction which would require search engines and Internet providers to prevent users from accessing Sci-Hub.

Still, the major movie and music companies are not yet using these tools to take on The Pirate Bay or other major pirate sites. If it’s so easy, then why not? Apparently, SOPA may still be in the back of their minds.

Interestingly, the RIAA’s former top executive wasn’t a fan of SOPA when it was first announced, as it wouldn’t do much to extend the legal remedies that were already available.

“I actually didn’t like SOPA very much since it mostly reflected existing law and maintained a paradigm that didn’t involve ISP’s in creative interdiction, and simply preserved passivity. To see it characterized as ‘copyright gone wild’ was certainly jarring and incongruous,” Turkewitz says.

Ironically, it looks like a bill that failed to pass, and didn’t impress some copyright holders to begin with, is still holding them back after five years. They’re certainly not using all the legal options available to avoid SOPA comparison. The question is, for how long?

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

RIAA Identifies Top YouTube MP3 Rippers and Other Pirate Sites

Post Syndicated from Ernesto original https://torrentfreak.com/riaa-identifies-top-youtube-mp3-rippers-and-other-pirate-sites-171006/

Around the same time as Hollywood’s MPAA, the RIAA has also submitted its overview of “notorious markets” to the Office of the US Trade Representative (USTR).

These submissions help to guide the U.S. Government’s position toward foreign countries when it comes to copyright enforcement.

The RIAA’s overview begins positively, announcing two major successes achieved over the past year.

The first is the shutdown of sites such as Emp3world, AudioCastle, Viperial, Album Kings, and im1music. These sites all used the now-defunct Sharebeast platform, whose operator pleaded guilty to criminal copyright infringement.

Another victory followed a few weeks ago when YouTube-MP3.org shut down its services after being sued by the RIAA.

“The most popular YouTube ripping site, youtube-mp3.org, based in Germany and included in last year’s list of notorious markes [sic], recently shut down in response to a civil action brought by major record labels,” the RIAA writes.

This case also had an effect on similar services. Some stream ripping services that were reported to the USTR last year no longer permit the conversion and download of music videos on YouTube, the RIAA reports. However, they add that the problem is far from over.

“Unfortunately, several other stream-ripping sites have ‘doubled down’ and carry on in this illegal behavior, continuing to make this form of theft a major concern for the music industry,” the music group writes.

“The overall popularity of these sites and the staggering volume of traffic it attracts evidences the enormous damage being inflicted on the U.S. record industry.”

The music industry group is tracking more than 70 of these stream ripping sites and the most popular ones are listed in the overview of notorious markets. These are Mp3juices.cc, Convert2mp3.net, Savefrom.net, Ytmp3.cc, Convertmp3.io, Flvto.biz, and 2conv.com.

Youtube2mp3’s listing

The RIAA notes that many sites use domain privacy services to hide their identities, as well as Cloudflare to obscure the sites’ true hosting locations. This frustrates efforts to take action against these sites, they say.

Popular torrent sites are also highlighted, including The Pirate Bay. These sites regularly change domain names to avoid ISP blockades and domain seizures, and also use Cloudflare to hide their hosting location.

“BitTorrent sites, like many other pirate sites, are increasing [sic] turning to Cloudflare because routing their site through Cloudflare obfuscates the IP address of the actual hosting provider, masking the location of the site.”

Finally, the RIAA reports several emerging threats reported to the Government. Third party app stores, such as DownloadAtoZ.com, reportedly offer a slew of infringing apps. In addition, there’s a boom of Nigerian pirate sites that flood the market with free music.

“The number of such infringing sites with a Nigerian operator stands at over 200. Their primary method of promotion is via Twitter, and most sites make use of the Nigerian operated ISP speedhost247.com,” the report notes

The full list of RIAA’s “notorious” pirate sites, which also includes several cyberlockers, MP3 search and download sites, as well as unlicensed pay services, can be found below. The full report is available here (pdf).

Stream-Ripping Sites

– Mp3juices.cc
– Convert2mp3.net
– Savefrom.net
– Ytmp3.cc
– Convertmp3.io
– Flvto.biz
– 2conv.com.

Search-and-Download Sites

– Newalbumreleases.net
– Rnbxclusive.top
– DNJ.to

BitTorrent Indexing and Tracker Sites

– Thepiratebay.org
– Torrentdownloads.me
– Rarbg.to
– 1337x.to

Cyberlockers

– 4shared.com
– Uploaded.net
– Zippyshare.com
– Rapidgator.net
– Dopefile.pk
– Chomikuj.pl

Unlicensed Pay-for-Download Sites

– Mp3va.com
– Mp3fiesta.com

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Six Strikes Piracy Scheme May Be Dead But Those Warnings Keep on Coming

Post Syndicated from Andy original https://torrentfreak.com/six-strikes-piracy-scheme-may-be-dead-but-those-warnings-keep-on-coming-171001/

After at least 15 years of Internet pirates being monitored by copyright holders, one might think that the message would’ve sunk in by now. For many, it definitely hasn’t.

Bottom line: when people use P2P networks and protocols (such as BitTorrent) to share files including movies and music, copyright holders are often right there, taking notes about what is going on, perhaps in preparation for further action.

That can take a couple of forms, including suing users or, more probably, firing off a warning notice to their Internet service providers. Those notices are a little like a speeding ticket, telling the subscriber off for sharing copyrighted material but letting them off the hook if they promise to be good in future.

In 2013, the warning notice process in the US was formalized into what was known as the Copyright Alert System, a program through which most Internet users could receive at least six piracy warning notices without having any serious action taken against them. In January 2017, without having made much visible progress, it was shut down.

In some corners of the web there are still users under the impression that since the “six strikes” scheme has been shut down, all of a sudden US Internet users can forget about receiving a warning notice. In reality, the complete opposite is true.

While it’s impossible to put figures on how many notices get sent out (ISPs are reluctant to share the data), monitoring of various piracy-focused sites and forums indicates that plenty of notices are still being sent to ISPs, who are cheerfully sending them on to subscribers.

Also, over the past couple of months, there appears to have been an uptick in subscribers seeking advice after receiving warnings. Many report basic notices but there seems to be a bit of a trend of Internet connections being suspended or otherwise interrupted, apparently as a result of an infringement notice being received.

“So, over the weekend my internet got interrupted by my ISP (internet service provider) stating that someone on my network has violated some copyright laws. I had to complete a survey and they brought back the internet to me,” one subscriber wrote a few weeks ago. He added that his (unnamed) ISP advised him that seven warnings would get his account disconnected.

Another user, who named his ISP as Comcast, reported receiving a notice after downloading a game using BitTorrent. He was warned that the alleged infringement “may result in the suspension or termination of your Service account” but what remains unclear is how many warnings people can receive before this happens.

For example, a separate report from another Comcast user stated that one night of careless torrenting led to his mother receiving 40 copyright infringement notices the next day. He didn’t state which company the notices came from but 40 is clearly a lot in such a short space of time. That being said and as far as the report went, it didn’t lead to a suspension.

Of course, it’s possible that Comcast doesn’t take action if a single company sends many notices relating to the same content in a small time frame (Rightscorp is known to do this) but the risk is still there. Verizon, it seems, can suspend accounts quite easily.

“So lately I’ve been getting more and more annoyed with pirating because I get blasted with a webpage telling me my internet is disconnected and that I need to delete the file to reconnect, with the latest one having me actually call Verizon to reconnect,” a subscriber to the service reported earlier this month.

A few days ago, a Time Warner Cable customer reported having to take action after receiving his third warning notice from the ISP.

“So I’ve gotten three notices and after the third one I just went online to my computer and TWC had this page up that told me to stop downloading illegally and I had to click an ‘acknowledge’ button at the bottom of the page to be able to continue to use my internet,” he said.

Also posting this week, another subscriber of an unnamed ISP revealed he’d been disconnected twice in the past year. His comments raise a few questions that keep on coming up in these conversations.

“The first time [I was disconnected] was about a year ago and the next was a few weeks ago. When it happened I was downloading some fairly new movies so I was wondering if they monitor these new movie releases since they are more popular. Also are they monitoring what I am doing since I have been caught?” he asked.

While there is plenty of evidence to suggest that old content is also monitored, there’s little doubt that the fresher the content, the more likely it is to be monitored by copyright holders. If people are downloading a brand new movie, they should expect it to be monitored by someone, somewhere.

The second point, about whether risk increases after being caught already, is an interesting one, for a number of reasons.

Following the BMG v Cox Communication case, there is now a big emphasis on ISPs’ responsibility towards dealing with subscribers who are alleged to be repeat infringers. Anti-piracy outfit Rightscorp was deeply involved in that case and the company has a patent for detecting repeat infringers.

It’s becoming clear that the company actively targets such people in order to assist copyright holders (which now includes the RIAA) in strategic litigation against ISPs, such as Grande Communications, who are claimed to be going soft on repeat infringers.

Overall, however, there’s no evidence that “getting caught” once increases the chances of being caught again, but subscribers should be aware that the Cox case changed the position on the ground. If anecdotal evidence is anything to go by, it now seems that ISPs are tightening the leash on suspected pirates and are more likely to suspend or disconnect them in the face of repeated complaints.

The final question asked by the subscriber who was disconnected twice is a common one among people receiving notices.

“What can I do to continue what we all love doing?” he asked.

Time and time again, on sites like Reddit and other platforms attracting sharers, the response is the same.

“Get a paid VPN. I’m amazed you kept torrenting without protection after having your internet shut off, especially when downloading recent movies,” one such response reads.

Nevertheless, this still fails to help some people fully understand the notices they receive, leaving them worried about what might happen after receiving one. However, the answer is nearly always straightforward.

If the notice says “stop sharing content X”, then recipients should do so, period. And, if the notice doesn’t mention specific legal action, then it’s almost certain that no action is underway. They are called warning notices for a reason.

Also, notice recipients should consider the part where their ISP assures them that their details haven’t been shared with third parties. That is the truth and will remain that way unless subscribers keep ignoring notices. Then there’s a slim chance that a rightsholder will step in to make a noise via a lawyer. At that point, people shouldn’t say they haven’t been warned.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

‘China Should Crack Down on Pirate Streaming Box Distributors’

Post Syndicated from Ernesto original https://torrentfreak.com/china-should-crack-down-on-pirate-streaming-box-distributors-171001/

The International Intellectual Property Alliance (IIPA) has informed the U.S. Government that China must step up its game to better protect the interests of copyright holders.

The US Trade Representative is reviewing whether China has done enough to comply with its WTO obligations, but IIPA members including RIAA and MPAA believe there is still work to be done.

One of the areas to which the Chinese Government should pay more attention is enforcement. Although a lot of progress has been made in recent years, especially in combating music piracy, new threats have emerged.

One of the areas highlighted by IIPA is the streaming box ecosystem, aptly dubbed as “piracy 3.0” by the Motion Picture Association. This appeals to a new breed of pirates who rely on set-top boxes which are filled with pirate add-ons.

Industry groups often refer to these boxes as Illicit Streaming Devices (ISDs) and they see China as a major hub through which these are shipped around the world.

“ISDs are media boxes, set-top boxes or other devices that allow users, through the use of piracy apps, to stream, download, or otherwise access unauthorized content from the Internet,” IIPA writes.

“These devices have emerged as a significant means through which pirated motion picture and television content is accessed on televisions in homes in China as well as elsewhere in Asia and increasingly around the world. China is a hub for the manufacture of these devices.”

Although the hardware and media players are perfectly legal, things get problematic when they’re loaded with pirate add-ons and promoted as tools to facilitate copyright infringement.

IIPA states that the Chinese Government should do more to stop these devices from being sold. Cracking down on the main distribution points would be a good start, they say.

“However it is done, the Chinese government must increase enforcement efforts, including cracking down on piracy apps and on device retailers and/or distributors who preload the devices with apps that facilitate infringement.

“Moreover, because China is the main source of this problem spreading across Asia, the Chinese government should take immediate actions against key distribution points for devices that are being used illegally,” IIPA adds.

In addition to pirate boxes, the industry groups also want China to beef up its enforcement against online journal piracy, pirate apps, unauthorized camcording, and unlicensed streaming platforms.

IIPA intends to explain the above and several other shortcomings in detail during a hearing in Washington, DC, next Wednesday. The group has submitted an overview of its testimony to the Trade Representative, which is available here (pdf).

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Stream Ripping Piracy Goes From Bad to Worse, Music Industry Reports

Post Syndicated from Ernesto original https://torrentfreak.com/stream-ripping-piracy-goes-from-bad-to-worse-music-industry-reports-170919/

Free music is easy to find nowadays. Just head over to YouTube and you can find millions of tracks including many of the most recent releases.

While the music industry profits from the advertisements on many of these videos, it’s not happy with the current state of affairs. Record labels complain about a “value gap” and go as far as accusing the video streaming platform of operating a DMCA protection racket.

YouTube doesn’t agree with this stance and points to the billions of dollars it pays copyright holders. Still, the music industry is far from impressed.

Today, IFPI has released a new music consumer insight report that highlights this issue once again, while pointing out that YouTube accounts for more than half of all music video streaming.

“User upload services, such as YouTube, are heavily used by music consumers and yet do not return fair value to those who are investing in and creating the music. The Value Gap remains the single biggest threat facing the music world today and we are campaigning for a legislative solution,” IFPI CEO Frances Moore writes.

The report also zooms in on piracy and “stream ripping” in particular, which is another YouTube and Google related issue. While this phenomenon is over a decade old, it’s now the main source of music piracy, the report states.

A survey conducted in the world’s leading music industry markets reveals that 35% of all Internet users are stream rippers, up from 30% last year. In total, 40% of all respondents admitted to obtaining unlicensed music.

35% stream ripping (source IFPI)

This means that the vast majority of all music pirates use stream ripping tools. This practice is particularly popular among those in the youngest age group, where more than half of all Internet users admit to ripping music, and it goes down as age increases.

Adding another stab at Google, the report further notes that more than half of all pirates use the popular search engine to find unlicensed music.

Stream rippers are young (source IFPI)

TorrentFreak spoke to former RIAA executive Neil Turkewitz, who has been very vocal about the stream ripping problem. He now heads his own consulting group that focuses on expanding economic cultural prosperity, particularly online.

Stream ripping is a “double whammy,” Turkewitz says, as it’s undermining both streaming and distribution markets. This affects the bottom line of labels and artists, so YouTube should do more to block stream rippers and converters from exploiting the service.

“YouTube and Alphabet talk of their commitment to expanding opportunities for creators. This is an opportunity to prove it,” Turkewitz informs TF.

“Surely the company that, as Eric Schmidt likes to say, ‘knows what people want before they know it’ has the capacity to develop tools to address problems that inhibit the development of a robust online market that sustains creators.”

While stream ripping remains rampant, there is a positive development the music industry can cling to.

Two weeks ago the major record labels managed to take down YouTube-MP3, the largest ripping site of all. While this is a notable success, there are many sites and tools like it that continue business as usual.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Ukraine Faces Call for US Trade Sanctions over Online Piracy

Post Syndicated from Ernesto original https://torrentfreak.com/ukraine-faces-call-us-trade-sanctions-over-online-piracy-170918/

The International Intellectual Property Alliance (IIPA) is recommending that the U.S. Government should suspend Ukraine’s GSP trade benefits, claiming that the country doesn’t do enough to protect the interests of copyright holders.

Last year Ukraine enjoyed $53.7 million in unilateral duty-free benefits in the US, while US companies suffering millions of dollars in losses in Ukraine due to online piracy, they argue.

The IIPA, which includes a wide range of copyright groups including the MPAA, RIAA, BSA and ESA, characterizes the country as a safe harbor for pirate sites. While physical piracy was properly addressed ten years ago after a previous sanction, digital piracy remains rampant.

One of the main problems is that local hosting companies are offering their services to a wide variety of copyright-infringing websites. Without proper enforcement, more and more websites have moved their services there.

“By allowing these problems to fester for years, weak digital enforcement has resulted in an exponential increase in the number of illegal peer-to-peer (‘P2P’) hosting and website-based Internet piracy sites, including some of the world’s largest BitTorrent sites located in Ukraine,” IIPA writes.

“Some Internet pirates have purposefully moved their servers and operations to Ukraine in the past few years to take advantage of the current lawless situation. Many of these illegal services and sites target audiences throughout Europe and the United States.”

The copyright holders highlight the defunct ExtraTorrent site as an example but note that there are also many other torrent sites, pirate streaming sites, cyberlockers, and linking sites in Ukraine.

While pirate sites are hosted all over the world, the problem is particularly persistent in Ukraine because many local hosting companies fail to process takedown requests. This, despite repeated calls from copyright holders to work with them.

“Many of the websites offering pirated copyright materials are thriving in part because of the support of local ISPs,” IIPA writes.

“The copyright industries have, for years, sought private agreements with ISPs to establish effective mechanisms to take down illegal websites and slow illegal P2P traffic. In the absence of legislation, however, these voluntary efforts have generally not succeeded, although, some ISPs will delete links upon request.”

In order to make real progress, the copyright holders call for new legislation to hold Internet services accountable and to make it easier to come after pirate sites that are hosted in Ukraine.

“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.”

In addition to addressing online piracy, IIPA further points out that the collecting societies in Ukraine are not functioning properly. At the moment there are 18 active and competing organizations, creating a chaotic situation where rightsholders are not properly rewarded, they suggest.

IIPA recommends that the U.S. Government accepts its petition and suspends or withdraws Ukraine’s benefits until the country takes proper action.

Ukraine’s Government, for its part, informs the US Government that progress is being made. There are already several new laws in the works to improve intellectual property protection. The issue is one of the Government’s “key priorities,” they state, hoping to avert any sanctions.

IIPA’s full submission to the US Trade Representative is available here (pdf).

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Music Industry Urges YouTube to Block Stream Rippers

Post Syndicated from Ernesto original https://torrentfreak.com/music-industry-urges-youtube-to-block-stream-rippers-170911/

With over a billion users, YouTube is the largest video portal on the Internet.

The site is a blessing to thousands of content creators, but there are also concerns among rightsholders. The music industry, in particular, is not happy with the fact that music can easily be ripped from the site through external services.

Last week the major record labels managed to take out YouTube-MP3, the largest ripping site of all. Still, there are many like it that continue business as usual. For many music industry insiders, who see streamripping as one of the largest piracy threats, this is a constant source of frustration.

In the UK, music industry group BPI worked hard to tackle the issue proactively. Last year the organization already signed an agreement with YouTube-MP3 to block UK traffic. This limited the availability of the site locally, but the group believes that YouTube itself should take responsibility as well.

Geoff Taylor, BPI’s Chief Executive, tells TorrentFreak that they, and several other industry groups, have asked YouTube to step up to help solve this problem.

“BPI and other music industry bodies have been urging YouTube for several years to take effective action to block access to its servers for stream ripping sites, which infringe copyright on a huge scale and also breach YouTube’s terms of service.

“There are more steps YouTube could take to prevent stream ripping but so far the music community has been forced to pursue the stream ripping sites directly,” Taylor adds.

BPI is not alone in its criticism. After we broke the story last Monday, many reports followed, including an opinion piece on the industry outlet Hypebot asking why YouTube didn’t take more responsibility. In the comment section, long-time RIAA executive Neil Turkewitz, who left the organization a few weeks ago, came in with a strong opinion.

“This is something that Google/YouTube should have handled on its own. They were well aware of it, and didn’t need RIAA to step up to identify it as problematic,” Turkewitz notes.

The former RIAA exec speaks freely on the issue in his new role. He is now the head of his own Turkewitz Consulting Group, which fittingly focuses on expanding accountability in the Internet ecosystem.

“I should add, sadly, that Google is still steering people to stream rippers through auto-complete. If you search ‘YouTube,’ one of the first auto-complete recommendations you get is “YouTube to MP3!” Turkewitz states.

“C’mon Google, what’s with that? Not only have they not disabled access to available stream rippers, but they are driving traffic to them. That is inexcusable,” he adds.

Google’s “suggestions”

In YouTube’s defense, the company isn’t completely apathetic when it comes to the stream-ripping problem. They have threatened legal action against YouTube-MP3 and similar sites in the past and implemented some restrictive measures. Still, they never went to court and, restrictions or not, the problem didn’t go away.

TorrentFreak contacted YouTube to hear their stance on the issue, but at the time of publication we haven’t heard back.

While many of the frustrations are not played out in public, it is clear that the stream-ripping problems further complicate the relationship between the labels and YouTube’s parent company Google.

In recent years, rightsholders have called out Google on many occasions over copyright-infringing content on YouTube, in their search engine results, and on their cloud hosting services. While the company has made several changes to accommodate the concerns, the critique hasn’t gone away.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

ShareBeast & AlbumJams Operator Pleads Guilty to Criminal Copyright Infringement

Post Syndicated from Andy original https://torrentfreak.com/sharebeast-albumjams-operator-pleads-guilty-to-criminal-copyright-infringement-170911/

In September 2015, U.S. authorities announced action against a pair of sites involved in music piracy.

ShareBeast.com and AlbumJams.com were allegedly responsible for the distribution of “a massive library” of popular albums and tracks. Both were accused of offering thousands of tracks before their official release dates.

The U.S. Department of Justice (DOJ) placed their now familiar seizure notice on both domains, with the RIAA claiming ShareBeast was the largest illegal file-sharing site operating in the United States. Indeed, the site’s IP addresses at the time indicated at least some hosting taking place in Illinois.

“This is a huge win for the music community and legitimate music services. Sharebeast operated with flagrant disregard for the rights of artists and labels while undermining the legal marketplace,” RIAA Chairman & CEO Cary Sherman commented at the time.

“Millions of users accessed songs from Sharebeast each month without one penny of compensation going to countless artists, songwriters, labels and others who created the music.”

Now, a full two years later, former Sharebeast operator Artur Sargsyan has pleaded guilty to one felony count of criminal copyright infringement, admitting to the unauthorized distribution and reproduction of over 1 billion copies of copyrighted works.

“Through Sharebeast and other related sites, this defendant profited by illegally distributing copyrighted music and albums on a massive scale,” said U. S. Attorney John Horn.

“The collective work of the FBI and our international law enforcement partners have shut down the Sharebeast websites and prevented further economic losses by scores of musicians and artists.”

The Department of Justice says that from 2012 to 2015, 29-year-old Sargsyan used ShareBeast as a pirate music repository, infringing works produced by Ariana Grande, Katy Perry, Beyonce, Kanye West, and Justin Bieber, among others. He linked to that content from Newjams.net and Albumjams.com, two other sites under his control.

The DoJ says that Sargsyan was informed at least 100 times that there was infringing content on ShareBeast but despite the warnings, the content remained available. When those warnings produced no results, the FBI – assisted by law enforcement in the UK and the Netherlands – seized servers used by Sargsyan to distribute the material.

Brad Buckles, EVP, Anti-Piracy at the RIAA, welcomed the guilty plea.

“Sharebeast and its related sites represented the most popular network of infringing music sites operated out of the United States. The network was responsible for providing millions of downloads of popular music files including unauthorized pre-release albums and tracks.This illicit activity was a gut-punch to music creators who were paid nothing by the service,” Buckles said.

“We are incredibly grateful for the government’s commitment to protecting the rights of artists and labels. We especially thank the dedicated agents of the FBI who painstakingly unraveled this criminal enterprise, and U.S. Attorney John Horn and his team for their work and diligence in seeing this case to its successful conclusion.”

Sargsyan, of Glendale, California, will be sentenced December 4 before U.S. District Judge Timothy C. Batten.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Perfect 10 Takes Giganews to Supreme Court, Says It’s Worse Than Megaupload

Post Syndicated from Andy original https://torrentfreak.com/perfect-10-takes-giganews-supreme-court-says-worse-megaupload-170906/

Adult publisher Perfect 10 has developed a reputation for being a serial copyright litigant.

Over the years the company targeted a number of high-profile defendants, including Google, Amazon, Mastercard, and Visa. Around two dozen of Perfect 10’s lawsuits ended in cash settlements and defaults, in the publisher’s favor.

Perhaps buoyed by this success, the company went after Usenet provider Giganews but instead of a company willing to roll over, Perfect 10 found a highly defensive and indeed aggressive opponent. The initial copyright case filed by Perfect 10 alleged that Giganews effectively sold access to Perfect 10 content but things went badly for the publisher.

In November 2014, the U.S. District Court for the Central District of California found that Giganews was not liable for the infringing activities of its users. Perfect 10 was ordered to pay Giganews $5.6m in attorney’s fees and costs. Perfect 10 lost again at the Court of Appeals for the Ninth Circuit.

As a result of these failed actions, Giganews is owned millions by Perfect 10 but the publisher has thus far refused to pay up. That resulted in Giganews filing a $20m lawsuit, accusing Perfect 10 and President Dr. Norman Zada of fraud.

With all this litigation boiling around in the background and Perfect 10 already bankrupt as a result, one might think the story would be near to a conclusion. That doesn’t seem to be the case. In a fresh announcement, Perfect 10 says it has now appealed its case to the US Supreme Court.

“This is an extraordinarily important case, because for the first time, an appellate court has allowed defendants to copy and sell movies, songs, images, and other copyrighted works, without permission or payment to copyright holders,” says Zada.

“In this particular case, evidence was presented that defendants were copying and selling access to approximately 25,000 terabytes of unlicensed movies, songs, images, software, and magazines.”

Referencing an Amicus brief previously filed by the RIAA which described Giganews as “blatant copyright pirates,” Perfect 10 accuses the Ninth Circuit of allowing Giganews to copy and sell trillions of dollars of other people’s intellectual property “because their copying and selling was done in an automated fashion using a computer.”

Noting that “everything is done via computer” these days and with an undertone that the ruling encouraged others to infringe, Perfect 10 says there are now 88 companies similar to Giganews which rely on the automation defense to commit infringement – even involving content owned by people in the US Government.

“These exploiters of other people’s property are fearless. They are copying and selling access to pirated versions of pretty much every movie ever made, including films co-produced by treasury secretary Steven Mnuchin,” Nada says.

“You would think the justice department would do something to protect the viability of this nation’s movie and recording studios, as unfettered piracy harms jobs and tax revenues, but they have done nothing.”

But Zada doesn’t stop at blaming Usenet services, the California District Court, the Ninth Circuit, and the United States Department of Justice for his problems – Congress is to blame too.

“Copyright holders have nowhere to turn other than the Federal courts, whose judges are ridiculously overworked. For years, Congress has failed to provide the Federal courts with adequate funding. As a result, judges can make mistakes,” he adds.

For Zada, those mistakes are particularly notable, particularly since at least one other super high-profile company was shut down in the most aggressive manner possible for allegedly being involved in less piracy than Giganews.

Pointing to the now-infamous Megaupload case, Perfect 10 notes that the Department of Justice completely shut that operation down, filing charges of criminal copyright infringement against Kim Dotcom and seizing $175 million “for selling access to movies and songs which they did not own.”

“Perfect 10 provided evidence that [Giganews] offered more than 200 times as many full length movies as did megaupload.com. But our evidence fell on deaf ears,” Zada complains.

In contrast, Perfect 10 adds, a California District Court found that Giganews had done nothing wrong, allowed it to continue copying and selling access to Perfect 10’s content, and awarded the Usenet provider $5.63m in attorneys fees.

“Prior to this case, no court had ever awarded fees to an alleged infringer, unless they were found to either own the copyrights at issue, or established a fair use defense. Neither was the case here,” Zada adds.

While Perfect 10 has filed a petition with the Supreme Court, the odds of being granted a review are particularly small. Only time will tell how this case will end, but it seems unlikely that the adult publisher will enjoy a happy ending, one in which it doesn’t have to pay Giganews millions of dollars in attorney’s fees.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

YouTube-MP3 Settles With RIAA, Site Will Shut Down

Post Syndicated from Ernesto original https://torrentfreak.com/youtube-mp3-settles-with-riaa-site-will-shut-down-170904/

With millions of visitors per day, YouTube-MP3.org is one of the most visited websites on the Internet.

The site allows its visitors to convert YouTube videos to MP3 files, which they can then listen to where and whenever they want. The music industry sees such “stream ripping” sites as a serious threat to its revenues, worse than traditional pirate sites.

In an attempt to do something about it, a coalition of record labels, represented by the RIAA, took YouTube-MP3 to court last year.

A complaint filed in a California federal court accused the site’s operator of various types of copyright infringement. In addition, the labels accused the site of circumventing YouTube’s copying protection mechanism, violating the DMCA.

“Through the promise of illicit delivery of free music, Defendants have attracted millions of users to the [YouTube-MP3] website, which in turn generates advertising revenues for Defendants,” the labels complained.

Today, a year later, both parties have settled their differences. While there haven’t been many updates in the court docket, a recent filing states that both parties have agreed to a settlement.

The details of the deal are not public, but YouTube-MP3 is willing to take all the blame. In a proposed final judgment, both parties ask the court to rule in favor of the labels on all counts of the complaint. In addition, the site’s owner Philip Matesanz agreed to pay a settlement amount.

On all counts

In addition to the order, a proposed injunction will prohibit the site’s operator from “knowingly designing, developing, offering, or operating any technology or service that allows or facilitates the practice commonly known as “streamripping,” or any other type of copyright infringement for that matter.

This injunction, which RIAA and YouTube-MP3 both agreed on, also states that the site’s domain name will be handed over to one of the record labels.

“Defendants are ordered to transfer the domain name www.youtube-mp3.org to the Plaintiff identified in, and in accordance with the terms of, the confidential Settlement Agreement among the parties,” it reads.

If the owner refuses to comply, the registrar will be ordered to sign over the domain name, which means that there’s no escaping.

While the court has yet to sign the proposed judgment and injunction (pdf), it is clear that YouTube-MP3 has thrown in the towel and will shut down. At the time of writing the site remains online, but this likely won’t be for long.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Healthy Aussie Pirates Set To Face Cash ‘Fines’, Poor & Sick Should Be OK

Post Syndicated from Andy original https://torrentfreak.com/healthy-aussie-pirates-set-to-face-cash-fines-poor-sick-should-be-ok-170821/

One of the oldest methods of trying to get people to stop downloading and sharing pirated material is by hitting them with ‘fines’.

The RIAA began the practice in September 2003, tracking people sharing music on early peer-to-peer networks, finding out their identities via ISPs, and sending them cease-and-desist orders with a request to pay hundreds to thousands of dollars.

Many thousands of people were fined and the campaign raised awareness, but it did nothing to stop millions of file-sharers who continue to this day.

That’s something that Village Roadshow co-chief Graham Burke now wants to do something about. He says his company will effectively mimic the RIAA’s campaign of 14 years ago and begin suing Internet pirates Down Under. He told AFR that his company is already setting things up, ready to begin suing later in the year.

Few details have been made available at this stage but it’s almost certain that Village Roadshow’s targets will be BitTorrent users. It’s possible that users of other peer-to-peer networks could be affected but due to their inefficiency and relative obscurity, it’s very unlikely.

That leaves users of The Pirate Bay and any other torrent site vulnerable to the company, which will jump into torrent swarms masquerading as regular users, track IP addresses, and trace them back to Internet service providers. What happens next will depend on the responses of those ISPs.

If the ISPs refuse to cooperate, they will have to be taken to court to force them to hand over the personal details of their subscribers to Village Roadshow. It’s extremely unlikely they’ll hand them over voluntarily, so it could be some time before any ISP customer hears anything from the film distributor.

The bottom line is that Village Roadshow will want money to go away and Burke is already being open over the kind of sums his company will ask for.

“We will be looking for damages commensurate with what they’ve done. We’ll be saying ‘You’ve downloaded our Mad Max: Fury Road, our Red Dog, and we want $40 for the four movies plus $200 in costs’,” he says.

While no one will relish any kind of ‘bill’ dropping through a mail box, in the scheme of things a AUS$240 settlement demand isn’t huge, especially when compared to the sums demanded by companies such as Voltage Pictures, who tried and failed to start piracy litigation in Australia two years ago.

However, there’s even better news for some, who have already been given a heads-up that they won’t have to pay anything.

“We will identify people who are stealing our product, we will ask them do they have ill health or dire circumstances, and if they do and undertake to stop, we’ll drop the case,” Burke says.

While being upfront about such a policy has its pros and cons, Burke is also reducing his range of targets, particularly if likes to be seen as a man of his word, whenever those words were delivered. In March 2016, when he restated his intention to begin suing pirates, he also excluded some other groups from legal action.

“We don’t want to sue 16-year-olds or mums and dads,” Burke said. “It takes 18 months to go through the courts and all that does is make lawyers rich and clog the court system. It’s not effective.”

It will remain to be seen what criteria Village Roadshow ultimately employs but it’s likely the company will be asked to explain its intentions to the court, when it embarks on the process to discover alleged pirates’ identities. When it’s decided who is eligible, Burke says the gloves will come off, with pirates being “pursued vigorously” and “sued for damages.”

While Village Roadshow’s list of films is considerable, any with a specifically Australian slant seem the most likely to feature in any legal action. Burke tends to push the narrative that he’s looking after local industry so something like Mad Max: Fury Road would be perfect. It would also provide easy pickings for any anti-piracy company seeking to harvest Aussie IP addresses since it’s still very popular.

Finally, it’s worth noting that Australians who use pirate streaming services will be completely immune to the company’s planned lawsuit campaign. However, Burke appears to be tackling that threat using a couple of popular tactics currently being deployed elsewhere by the movie industry.

“Google are not doing enough and could do a lot more,” he told The Australian (subscription)

Burke said that he was “shocked” at how easy it was to find streaming content using Google’s search so decided to carry out some research of his own at home. He said he found Christopher Nolan’s Dunkirk with no difficulty but that came with a sting in the tail.

According to the movie boss, his computer was immediately infected with malware and began asking for his credit card details. He doesn’t say whether he put them in.

As clearly the world’s most unlucky would-be movie pirate, Burke deserves much sympathy. It’s also completely coincidental that Hollywood is now pushing a “danger” narrative to keep people away from pirate sites.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Spinrilla Refuses to Share Its Source Code With the RIAA

Post Syndicated from Ernesto original https://torrentfreak.com/spinrilla-refuses-to-share-its-source-code-with-the-riaa-170815/

Earlier this year, a group of well-known labels targeted Spinrilla, a popular hip-hop mixtape site and accompanying app with millions of users.

The coalition of record labels including Sony Music, Warner Bros. Records, and Universal Music Group, filed a lawsuit accusing the service of alleged copyright infringements.

Both sides have started the discovery process and recently asked the court to rule on several unresolved matters. The parties begin with their statements of facts, clearly from opposite angles.

The RIAA remains confident that the mixtape site is ripping off music creators and wants its operators to be held accountable.

“Since Spinrilla launched, Defendants have facilitated millions of unauthorized downloads and streams of thousands of Plaintiffs’ sound recordings without Plaintiffs’ permission,” RIAA writes, complaining about “rampant” infringement on the site.

However, Spinrilla itself believes that the claims are overblown. The company points out that the RIAA’s complaint only lists a tiny fraction of all the songs uploaded by its users. These somehow slipped through its Audible Magic anti-piracy filter.

Where the RIAA paints a picture of rampant copyright infringement, the mixtape site stresses that the record labels are complaining about less than 0.001% of all the tracks they ever published.

“From 2013 to the present, Spinrilla users have uploaded about 1 million songs to Spinrilla’s servers and Spinrilla published about 850,000 of those. Plaintiffs are complaining that 210 of those songs are owned by them and published on Spinrilla without permission,” Spinrilla’s lawyers write.

“That means that Plaintiffs make no claim to 99.9998% of the songs on Spinrilla. Plaintiffs’ shouting of ‘rampant infringement on Spinrilla’, an accusation that Spinrilla was designed to allow easy and open access to infringing material, and assertion that ‘Defendants have facilitated millions of unauthorized downloads’ of those 210 songs is untrue – it is nothing more than a wish and a dream.”

The company reiterates that it’s a platform for independent musicians and that it doesn’t want to feature the Eminem’s and Bieber’s of this world, especially not without permission.

As for the discovery process, there are still several outstanding issues they need the Court’s advice on. Spinrilla has thus far produced 12,000 pages of documents and answered all RIAA interrogatories, but refuses to hand over certain information, including its source code.

According to Spinrilla, there is no reason for the RIAA to have access to its “crown jewel.”

“The source code is the crown jewel of any software based business, including Spinrilla. Even worse, Plaintiffs want an ‘executable’ version of Spinrilla’s source code, which would literally enable them to replicate Spinrilla’s entire website. Any Plaintiff could, in hours, delete all references to ‘Spinrilla,’ add its own brand and launch Spinrilla’s exact website.

“If we sued YouTube for hosting 210 infringing videos, would I be entitled to the source code for YouTube? There is simply no justification for Spinrilla sharing its source code with Plaintiffs,” Spinrilla adds.

The RIAA, on the other hand, argues that the source code will provide insight into several critical issues, including Spinrilla’s knowledge about infringing activity and its ability to terminate repeat copyright infringers.

In addition to the source code, the RIAA has also requested detailed information about the site’s users, including their download and streaming history. This request is too broad, the mixtape site argues, and has offered to provide information on the uploaders of the 210 infringing tracks instead.

It’s clear that the RIAA and Spinrilla disagree on various fronts and it will be up to the court to decide what information must be handed over. So far, however, the language used clearly shows that both parties are far from reaching some kind of compromise.

The first joint discovery statement is available in full here (pdf).

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Piracy Narrative Isn’t About Ethics Anymore, It’s About “Danger”

Post Syndicated from Andy original https://torrentfreak.com/piracy-narrative-isnt-about-ethics-anymore-its-about-danger-170812/

Over the years there have been almost endless attempts to stop people from accessing copyright-infringing content online. Campaigns have come and gone and almost two decades later the battle is still ongoing.

Early on, when panic enveloped the music industry, the campaigns centered around people getting sued. Grabbing music online for free could be costly, the industry warned, while parading the heads of a few victims on pikes for the world to see.

Periodically, however, the aim has been to appeal to the public’s better nature. The idea is that people essentially want to do the ‘right thing’, so once they understand that largely hard-working Americans are losing their livelihoods, people will stop downloading from The Pirate Bay. For some, this probably had the desired effect but millions of people are still getting their fixes for free, so the job isn’t finished yet.

In more recent years, notably since the MPAA and RIAA had their eyes blacked in the wake of SOPA, the tone has shifted. In addition to educating the public, torrent and streaming sites are increasingly being painted as enemies of the public they claim to serve.

Several studies, largely carried out on behalf of the Digital Citizens Alliance (DCA), have claimed that pirate sites are hotbeds of malware, baiting consumers in with tasty pirate booty only to offload trojans, viruses, and God-knows-what. These reports have been ostensibly published as independent public interest documents but this week an advisor to the DCA suggested a deeper interest for the industry.

Hemanshu Nigam is a former federal prosecutor, ex-Chief Security Officer for News Corp and Fox Interactive Media, and former VP Worldwide Internet Enforcement at the MPAA. In an interview with Deadline this week, he spoke about alleged links between pirate sites and malware distributors. He also indicated that warning people about the dangers of pirate sites has become Hollywood’s latest anti-piracy strategy.

“The industry narrative has changed. When I was at the MPAA, we would tell people that stealing content is wrong and young people would say, yeah, whatever, you guys make a lot of money, too bad,” he told the publication.

“It has gone from an ethical discussion to a dangerous one. Now, your parents’ bank account can be raided, your teenage daughter can be spied on in her bedroom and extorted with the footage, or your computer can be locked up along with everything in it and held for ransom.”

Nigam’s stance isn’t really a surprise since he’s currently working for the Digital Citizens Alliance as an advisor. In turn, the Alliance is at least partly financed by the MPAA. There’s no suggestion whatsoever that Nigam is involved in any propaganda effort, but recent signs suggest that the DCA’s work in malware awareness is more about directing people away from pirate sites than protecting them from the alleged dangers within.

That being said and despite the bias, it’s still worth giving experts like Nigam an opportunity to speak. Largely thanks to industry efforts with brands, pirate sites are increasingly being forced to display lower-tier ads, which can be problematic. On top, some sites’ policies mean they don’t deserve any visitors at all.

In the Deadline piece, however, Nigam alleges that hackers have previously reached out to pirate websites offering $200 to $5000 per day “depending on the size of the pirate website” to have the site infect users with malware. If true, that’s a serious situation and people who would ordinarily use ‘pirate’ sites would definitely appreciate the details.

For example, to which sites did hackers make this offer and, crucially, which sites turned down the offer and which ones accepted?

It’s important to remember that pirates are just another type of consumer and they would boycott sites in a heartbeat if they discovered they’d been paid to infect them with malware. But, as usual, the claims are extremely light in detail. Instead, there’s simply a blanket warning to stay away from all unauthorized sites, which isn’t particularly helpful.

In some cases, of course, operational security will prevent some details coming to light but without these, people who don’t get infected on a ‘pirate’ site (the vast majority) simply won’t believe the allegations. As the author of the Deadline piece pointed out, it’s a bit like Reefer Madness all over again.

The point here is that without hard independent evidence to back up these claims, with reports listing sites alongside the malware they’ve supposed to have spread and when, few people will respond to perceived scaremongering. Free content trumps a few distant worries almost every time, whether that involves malware or the threat of a lawsuit.

It’ll be up to the DCA and their MPAA paymasters to consider whether the approach is working but thus far, not even having government heavyweights on board has helped.

Earlier this year the DCA launched a video campaign, enrolling 15 attorney generals to publish their own anti-piracy PSAs on YouTube. Thus far, interest has been minimal, to say the least.

At the time of writing the 15 PSAs have 3,986 views in total, with 2,441 of those contributed by a single video contributed by Wisconsin Attorney General Brad Schimel. Despite the relative success, even that got slammed with 2 upvotes and 127 downvotes.

A few of the other videos have a couple of hundred views each but more than half have less than 70. Perhaps most worryingly for the DCA, apart from the Schimel PSA, none have any upvotes at all, only down. It’s unclear who the viewers were but it seems reasonable to conclude they weren’t entertained.

The bottom line is nobody likes malware or having their banking details stolen but yet again, people who claim to have the public interest at heart aren’t actually making a difference on the ground. It could be argued that groups advocating online safety should be publishing guides on how to stay protected on the Internet period, not merely advising people to stay away from certain sites.

But of course, that wouldn’t achieve the goals of the MPAA Digital Citizens Alliance.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Pirate Domain Blocking ‘Door’ Should Remain Open, RIAA Tells Court

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-domain-blocking-door-should-remain-open-riaa-tells-court-170808/

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

This includes thousands of “pirate” sites which rely on the U.S.-based company to keep server loads down.

While Cloudflare is a neutral service provider, rightsholders are not happy with its role. The company has been involved in several legal disputes already, including the RIAA’s lawsuit against MP3Skull.

Last year the record labels won their case against the MP3 download portal but the site ignored the court order and continued to operate. This prompted the RIAA to go after third-party services including Cloudflare, to target associated domain names.

The RIAA demanded domain blockades, arguing that Cloudflare actively cooperated with the pirates. The CDN provider objected and argued that the DMCA shielded the company from the broad blocking requirements. In turn, the court ruled that the DMCA doesn’t apply in this case, opening the door to widespread anti-piracy filtering.

While it’s still to be determined whether Cloudflare is indeed “in active concert or participation” with MP3Skull, the company recently asked the court to vacate the order, arguing that the case is moot.

MP3Skull no longer has an active website, and previous domain names either never used Cloudflare or stopped using it long before the order was issued, the company argued.

The RIAA clearly disagrees. According to the music industry group, Cloudflare’s request relies on “misstatements.” The motion wasn’t moot when the court issued it in March, and it isn’t moot today, they argue.

Some MP3Skull domains were still actively using Cloudflare as recently as April, but Cloudflare failed to mention these.

“CloudFlare’s arguments to the contrary rely largely on misdirection, pointing to the status of domain names that expressly were not at issue in Plaintiffs’ motion,” the RIAA writes.

Even if all the domain names are no longer active on Cloudflare, the order should remain in place, the RIAA argues. The group points out that nothing is preventing the MP3Skull owners from relaunching the site and moving back to Cloudflare in the future.

“By its own admission, CloudFlare took no steps to prevent Defendants from using its services at any time. Given Defendants’ established practice of moving from domain to domain and from service to service throughout this case in contempt of this Court’s orders, Defendants could easily have resumed — and may tomorrow resume — their use of CloudFlare’s services.”

In addition, the RIAA stressed that the present ruling doesn’t harm Cloudflare at all. Since there are no active MP3Skull domains using the service presently, it need take no action.

“The March 23 Order does not require CloudFlare to do anything. All that Order did was to clarify that Rule 65, and not Section 512(j) of the DMCA, applied,” the RIAA stresses.

While it seems pointless to spend hours of legal counsel on a site that is no longer active, it shows the importance of the court’s ruling and the wider site blocking implications it has.

The RIAA wants to keep the door open for similar requests in the future, and Cloudflare wants to avoid any liability for pirate sites. These looming legal consequences are the main reason why the CDN provider asked the court to vacate the order, the RIAA notes.

“It is evident that the only reason why CloudFlare wants the Court to vacate its March 23 Order is that it does not like the Court’s ruling on the purely legal issue of Rule 65(d)’s scope,” the RIAA writes.

It is now up to the court to decide how to move forward. A decision on Cloudflare’s request is expected to be issued during the weeks to come.

The RIAA’s full reply is available here (pdf).

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

RIAA’s Piracy Claims are Misleading and Inaccurate, ISP Says

Post Syndicated from Ernesto original https://torrentfreak.com/riaas-piracy-claims-are-misleading-and-inaccurate-isp-says-170807/

For more than a decade, copyright holders have been sending ISPs takedown notices to alert them that their subscribers are sharing copyrighted material.

Under US law, providers have to terminate the accounts of repeat infringers “in appropriate circumstances” and increasingly they are being held to this standard.

Earlier this year several major record labels, represented by the RIAA, filed a lawsuit in a Texas District Court, accusing ISP Grande Communications of failing to take action against its pirating subscribers.

The ISP is not happy with the claims and was quick to submit a motion to dismiss the lawsuit. One of the arguments is that the RIAA’s evidence is insufficient.

In its original motion, Grande doesn’t deny receiving millions of takedown notices from piracy tracking company Rightscorp. However, it believes that these notices are flawed as Rightscorp is incapable of monitoring actual copyright infringements.

The RIAA disagreed and pointed out that their evidence is sufficient. They stressed that Rightcorp is able to monitor actual downloads, as opposed to simply checking if a subscriber is offering certain infringing content.

In a response from Grande, late last week, the ISP argues that this isn’t good enough to build a case. While Rightcorp may be able to track the actual infringing downloads to which the RIAA labels hold the copyrights, there is no such evidence provided in the present case, the ISP notes.

“Importantly, Plaintiffs do not allege that Rightscorp has ever recorded an instance of a Grande subscriber actually distributing even one of Plaintiffs’ copyrighted works. Plaintiffs certainly have not alleged any concrete facts regarding such an act,” Grande’s legal team writes (pdf).

According to the ISP, the RIAA’s evidence merely shows that Rightscorp sent notices of alleged infringements on behalf of other copyright holders, who are not involved in the lawsuit.

“Instead, Plaintiffs generally allege that Rightscorp has sent notices regarding ‘various copyrighted works,’ encompassing all of the notices sent by Rightscorp on behalf of entities other than Plaintiffs.”

While the RIAA argues that this circumstantial evidence is sufficient, the ISP believes that there are grounds to have the entire case dismissed.

The record labels can’t hold Grande liable for secondary copyright infringement, without providing concrete evidence that their works were actively distributed by Grande subscribers, the company claims.

“Plaintiffs cannot allege direct infringement without alleging concrete facts which show that a Grande subscriber actually infringed one of Plaintiffs’ copyrights,” Grande’s lawyers note.

“For this reason, it is incredibly misleading for Plaintiffs to repeatedly refer to Grande having received ‘millions’ of notices of alleged infringement, as if those notices all pertained to Plaintiffs’ asserted copyrights.”

The “misleading” copyright infringement evidence argument is only one part of the ISPs defense. The company also notes that it has no control over what its subscribers do, nor do they control the BitTorrent clients that were allegedly used to download content.

If the court ruled otherwise, Grande and other ISPs would essentially be forced to become an “unpaid enforcement agent of the recording industry,” the company’s lawyers note.

The RIAA, however, sees things quite differently.

The music industry group believes that Grande failed to take proper action in response to repeat infringers and should pay damages to compensate the labels. This claim is very similar to the one BMG brought against Cox, where the latter was eventually ordered to pay $25 million.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.