Tag Archives: seizure

Pirate Bay’s Iconic .SE Domain has Expired (Updated)

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-bays-iconic-se-domain-has-expired-and-is-for-sale-171016/

When The Pirate Bay first came online during the summer of 2003, its main point of access was thepiratebay.org.

Since then the site has burnt through more than a dozen domains, trying to evade seizures or other legal threats.

For many years thepiratebay.se operated as the site’s main domain name. Earlier this year the site moved back to the good old .org again, and from the looks of it, TPB is ready to say farewell to the Swedish domain.

Thepiratebay.se expired last week and, if nothing happens, it will be de-activated tomorrow. This means that the site might lose control over a piece of its history.

The torrent site moved from the ORG to the SE domain in 2012, fearing that US authorities would seize the former. Around that time the Department of Homeland Security took hundreds of sites offline and the Pirate Bay team feared that they would be next.

Thepiratebay.se has expired

Ironically, however, the next big threat came from Sweden, the Scandinavian country where the site once started.

In 2013, a local anti-piracy group filed a motion targeting two of The Pirate Bay’s domains, ThePirateBay.se and PirateBay.se. This case that has been dragging on for years now.

During this time TPB moved back and forth between domains but the .se domain turned out to be a safer haven than most alternatives, despite the legal issues. Many other domains were simply seized or suspended without prior notice.

When the Swedish Court of Appeal eventually ruled that The Pirate Bay’s domain had to be confiscated and forfeited to the state, the site’s operators moved back to the .org domain, where it all started.

Although a Supreme Court appeal is still pending, according to a report from IDG earlier this year the court has placed a lock on the domain. This prevents the owner from changing or transferring it, which may explain why it has expired.

The lock is relevant, as the domain not only expired but has also been put of for sale again in the SEDO marketplace, with a minimum bid of $90. This sale would be impossible, if the domain is locked.

Thepiratebay.se for sale

Perhaps the most ironic of all is the fact that TPB moved to .se because it feared that the US controlled .org domain was easy prey.

Fast forward half a decade and over a dozen domains have come and gone while thepiratebay.org still stands strong, despite entertainment industry pressure.

Update: We updated the article to mention that the domain name is locked by the Swedish Supreme Court. This means that it can’t be updated and would explain why it has expired.

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

Tech Giants Protest Looming US Pirate Site Blocking Order

Post Syndicated from Ernesto original https://torrentfreak.com/tech-giants-protest-looming-us-pirate-site-blocking-order-171013/

While domain seizures against pirate sites are relatively common in the United states, ISP and search engine blocking is not. This could change soon though.

In an ongoing case against Sci-Hub, regularly referred to as the “Pirate Bay of Science,” a magistrate judge in Virginia recently recommended a broad order which would require search engines and Internet providers to block the site.

The recommendation followed a request from the academic publisher American Chemical Society (ACS) that wants these third-party services to make the site in question inaccessible. While Sci-Hub has chosen not to defend itself, a group of tech giants has now stepped in to prevent the broad injunction from being issued.

This week the Computer & Communications Industry Association (CCIA), which includes members such as Cloudflare, Facebook, and Google, asked the court to limit the proposed measures. In an amicus curiae brief submitted to the Virginia District Court, they share their concerns.

“Here, Plaintiff is seeking—and the Magistrate Judge has recommended—a permanent injunction that would sweep in various Neutral Service Providers, despite their having violated no laws and having no connection to this case,” CCIA writes.

According to the tech companies, neutral service providers are not “in active concert or participation” with the defendant, and should, therefore, be excluded from the proposed order.

While search engines may index Sci-Hub and ISPs pass on packets from this site, they can’t be seen as “confederates” that are working together with them to violate the law, CCIA stresses.

“Plaintiff has failed to make a showing that any such provider had a contract with these Defendants or any direct contact with their activities—much less that all of the providers who would be swept up by the proposed injunction had such a connection.”

Even if one of the third party services could be found liable the matter should be resolved under the DMCA, which expressly prohibits such broad injunctions, the CCIA claims.

“The DMCA thus puts bedrock limits on the injunctions that can be imposed on qualifying providers if they are named as defendants and are held liable as infringers. Plaintiff here ignores that.

“What ACS seeks, in the posture of a permanent injunction against nonparties, goes beyond what Congress was willing to permit, even against service providers against whom an actual judgment of infringement has been entered.That request must be rejected.”

The tech companies hope the court will realize that the injunction recommended by the magistrate judge will set a dangerous precedent, which goes beyond what the law is intended for, so will impose limits in response to their concerns.

It will be interesting to see whether any copyright holder groups will also chime in, to argue the opposite.

CCIA’s full amicus curiae brief 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.

US Court Orders Dozens of “Pirate” Site Domain Seizures

Post Syndicated from Ernesto original https://torrentfreak.com/us-court-orders-dozens-of-pirate-site-domain-seizures-170927/

ABS-CBN, the largest media and entertainment company in the Philippines, has delivered another strike to pirate sites in the United States.

Last week a federal court in Florida signed a default judgment against 43 websites that offered copyright-infringing streams of ABS-CBN owned movies, including Star Cinema titles.

The order was signed exactly one day after the complaint was filed, in what appears to be a streamlined process.

The media company accused the websites of trademark and copyright infringement by making free streams of its content available without permission. It then asked the court for assistance to shut these sites down as soon as possible.

“Defendants’ websites operating under the Subject Domain Names are classic examples of pirate operations, having no regard whatsoever for the rights of ABS-CBN and willfully infringing ABS-CBN’s intellectual property.

“As a result, ABS-CBN requires this Court’s intervention if any meaningful stop is to be put to Defendants’ piracy,” ABS-CBN wrote.

Instead of a lengthy legal process that can take years to complete, ABS-CBN went for an “ex-parte” request for domain seizures, which means that the websites in question are not notified or involved in the process before the order is issued.

After reviewing the proposed injunction, US District Judge Beth Bloom signed off on it. This means that all the associated registrars must hand over the domain names in question.

“The domain name registrars for the Subject Domain Names shall immediately assist in changing the registrar of record for the Subject Domain Names, to a holding account with a registrar of Plaintiffs’ choosing..,” the order (pdf) reads.

In the days that followed, several streaming-site domains were indeed taken over. Movieonline.io, 1movies.tv, 123movieshd.us, 4k-movie.us, icefilms.ws and others are now linking to a notice page with information about the lawsuit instead.

The notice

Gomovies.es, which is also included, has not been transferred yet, but the operator appears to be aware of the lawsuit as the site now redirects to Gomovies.vg. Other domains, such as Onlinefullmovie.me, Putlockerm.live and Newasiantv.io remain online as well.

While the targeted sites together are good for thousands of daily visitors, they’re certainly not the biggest fish.

That said, the most significant thing about the case is not that these domain names have been taken offline. What stands out is the ability of an ex-parte request from a copyright holder to easily take out dozens of sites in one swoop.

Given ABS-CBN’s legal track record, this is likely not the last effort of this kind. The question now is if others will follow suit.

The full list of targeted domain is as follows.

1 movieonline.io
2 1movies.tv
3 gomovies.es
4 123movieshd.us
5 4k-movie.us
6 desitvflix.net
7 globalpinoymovies.com
8 icefilms.ws
9 jhonagemini.com
10 lambinganph.info
11 mrkdrama.com
12 newasiantv.me
13 onlinefullmovie.me
14 pariwiki.net
15 pinoychannel.live
16 pinoychannel.mobi
17 pinoyfullmovies.net
18 pinoyhdtorrent.com
19 pinoylibangandito.pw
20 pinoymoviepedia.ch
21 pinoysharetv.com
22 pinoytambayanhd.com
23 pinoyteleseryerewind.info
24 philnewsnetwork.com
25 pinoytvrewind.info
26 pinoytzater.com
27 subenglike.com
28 tambayantv.org
29 teleseryi.com
30 thepinoy1tv.com
31 thepinoychannel.com
32 tvbwiki.com
33 tvnaa.com
34 urpinoytv.com
35 vikiteleserye.com
36 viralsocialnetwork.com
37 watchpinoymoviesonline.com
38 pinoysteleserye.xyz
39 pinoytambayan.world
40 lambingan.lol
41 123movies.film
42 putlockerm.live
43 yonip.zone
43 yonipzone.rocks

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

Peru Authorities Shut Down First ‘Pirate’ Websites, Three Arrested

Post Syndicated from Andy original https://torrentfreak.com/peru-authorities-shut-down-first-pirate-websites-three-arrested-170925/

For a country with a soaring crime rate, where violent car-jackings and other violent crime are reportedly commonplace, Internet piracy isn’t something that’s been high on the agenda in Peru.

Nevertheless, under pressure from rightsholders, local authorities have now taken decisive action against the country’s most popular ‘pirate’ sites.

On the orders of prosecutor Miguel Ángel Puicón, a specialized police unit carried out searches earlier this month looking for the people behind Pelis24 (Movies24) and Series24, sites that are extremely popular across all of South America, not just Peru.

Local media reports that an initial search took place in the Los Olivos district of the Lima Province where two people were arrested in connection with the sites. On the same day, a second search was executed in the town of Rimac where a third person was detained.

The case was launched following a rightsholder complaint to the Special Prosecutor’s Office for Customs Crimes and Intellectual Property in Lima. It stated that three domains – pelis24.com, pelis24.tv and series24.tv were offering unlicensed movies and TV shows to the public.

“In view of the abundant evidence, the office requested measures indicative of the right to the criminal judge. A search was carried out in search of the property and the preliminary 48-hour detention of the people investigated was requested,” authorities said in a statement.

The warrant not only covered seizure of physical items but also the domain names associated with the platforms. As shown in the image below, they now display the following seizure banner (translated from Spanish).

Pelis24/Series24 Seizure Banner

Authorities say that a detailed preliminary investigation took place in order to corroborate the information provided by the complainant. Once the measures were approved by a judge, the Prosecutor’s Office acted in coordination with the Investigations Division of the High Technology Crimes unit to carry out the operation.

According to Puicón, this is the first action against the operators of a pirate site in Peru.

“The purpose was to have the detainees close the sites voluntarily after providing us with the login codes,” he said. “We do not have a technology department, so the specialized high-tech police and complainants were present to preserve evidence.”

Local sources indicate that sentences for piracy can be as long as six years in serious cases. However, Peru has been exclusively tackling counterfeiting of physical discs, with online piracy being allowed to run rampant.

“The Office of the Prosecutor has the competency to deal with crimes against intellectual property but has been working exclusively in cases of physical piracy,” Puicón says.

“Online piracy has another connotation, we must use other procedures, another form of investigation and another strategy. Therefore, the authorities that are aware of these crimes must be trained on technological issues.”

It’s believed that at least a million Peruvians download infringing content from the Internet each week, a problem that will need to be tackled moving forward, when the authorities can gather the expertise to do so.

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.

Police Intellectual Property Crime Unit Secures Funding Until 2019

Post Syndicated from Andy original https://torrentfreak.com/police-intellectual-property-crime-unit-secures-funding-until-2019-170823/

When compared to the wide range of offenses usually handled by the police, copyright infringement is a relatively rare offense.

Historically most connected to physical counterfeiting, in recent years infringement has regularly featured a significant online component.

Formed four years ago and run by the City of London Police, the Police Intellectual Property Crime Unit (PIPCU) has a mission to tackle IP crime wherever it may take place but with a special online focus. It is tightly linked to the music, movie, and publishing industries so can most often be viewed protecting their products from infringement.

PIPCU announced its arrival in the summer of 2013 and officially launched a few months later in December 2013, complete with £2.56million in funding from the UK government’s Intellectual Property Office (IPO). However, the unit had been already in operation for some time, writing warning letters to torrent and streaming site advising them to shut down – or else.

PIPCU’s initial funding secured the future of the unit until June 2015 but in October 2014, well in advance of that deadline, PIPCU secured another £3m from the IPO to fund the unit to September 2017.

Having received £5.56 million in public funds over three years, PIPCU needed to show some bang for its buck. As a result, the unit publicised numerous actions including streaming arrests, attempted domain seizures, torrent site closures and advertising disruptions. PIPCU also shut down several sports streaming and ebook sites plus a large number of proxies

With August 2017 already upon us, PIPCU should be officially out of funds in a month’s time but according to the Law Gazette, the unit is going nowhere.

An Intellectual Property Office (IPO) spokesperson told the publication that PIPCU has received £3.32m in additional funding from the government which runs from July 1, 2017, to June 30, 2019 – the unit’s sixth anniversary.

Much of PIPCU’s more recent activity appears to have been focused in two key areas, both operated under its ‘Operation Creative’ banner. The first concerns PIPCU’s Infringing Website List, which aims to deter advertisers from inadvertently finding ‘pirate’ sites.

Earlier this year, PIPCU claimed success after revealing a 64% drop in “mainstream advertising” revenue on 200 unauthorized platforms between January 2016 and January 2017. More recently, PIPCU revealed that gambling advertising, which is often seen on ‘pirate’ platforms, had reduced by 87% on IWL sites over the previous 12 months.

Finally, PIPCU has been taking action alongside local police forces, FACT, Sky, Virgin, BT, and The Premier League, against suppliers of so-called ‘fully loaded’ set-top boxes, many featuring Kodi bundled with illicit third party addons. However, after a fairly sustained initial flurry, the last publicized operation was in February 2017.

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

Cloudflare Wants to Eliminate ‘Moot’ Pirate Site Blocking Threat

Post Syndicated from Ernesto original https://torrentfreak.com/cloudflare-asks-court-to-vacate-moot-pirate-site-blocking-order-170724/

Representing various major record labels, the RIAA filed a lawsuit against MP3Skull in 2015.

With millions of visitors per month the MP3 download site had been one of the prime sources of pirated music for a long time.

Last year a Florida federal court sided with the RIAA, awarding the labels more than $22 million in damages. In addition, it issued a permanent injunction which allowed the RIAA to take over the site’s domain names.

Despite the multi-million dollar verdict, MP3Skull continued to operate using a variety of new domain names, which were subsequently targeted by the RIAA’s legal team. As the site refused to shut down, the RIAA eventually moved up the chain targeting CDN provider Cloudflare with the permanent injunction.

The RIAA argued that Cloudflare was operating “in active concert or participation” with the pirates. Cloudflare objected and argued that the DMCA shielded the company from the broad blocking requirements. However, the court ruled that the DMCA doesn’t apply in this case, opening the door to widespread anti-piracy filtering.

The court stressed that, before issuing an injunction against Cloudflare, it still had to be determined whether the CDN provider is “in active concert or participation” with the pirate site. However, this has yet to happen. Since MP3Skull has ceased its operations the RIAA has shown little interest in pursuing the matter any further.

Cloudflare now wants the dangerous anti-piracy filtering order to be thrown out. The company submitted a motion to vacate the order late last week, arguing that the issue is moot. In fact, it has been for a while for some of the contended domain names.

The CDN provider says it researched the domain names listed in the injunction and found that only three of the twenty domains used Cloudflare’s services at the time the RIAA asked the court to clarify its order. Some had never used CloudFlare’s services at all, they say.

“Indeed, six domains – including five of the so-called ‘Active MP3Skull Domains’ in the amended injunction – had never used Cloudflare services at all. And the remaining eleven had stopped using Cloudflare before Plaintiffs brought their motion, in some cases long before Plaintiffs filed suit,” Cloudflare writes.

“Every domain Plaintiffs identified had stopped using Cloudflare by December 2016, without any independent or affirmative action by Cloudflare. Yet Plaintiffs made no effort to inform the Court of the mootness of their ’emergency’ motion in the three months before the Court issued its Order.”

Cloudflare’s research

Making the matter even worse, several of the domain names listed in the injunction were owned by the record labels, when the RIAA tried to have Cloudflare block them.

“Moreover, Cloudflare’s investigation revealed that that Plaintiff Sony Music Entertainment itself owned seven of the twenty domains months as of the time Plaintiffs brought their motion, and Sony acquired one more domain shortly after.”

The latter is due to the seizure order, which was also granted by the court. However, according to Cloudflare, the RIAA failed to inform the court about these and several other changes.

“Plaintiffs did not inform the Court of the mootness of their motion against Cloudflare,” the company writes.

Since the RIAA was not entirely upfront, and the issue is no longer relevant, Cloudflare is now asking the court to vacate the order. This will push the looming piracy blocking obligations aside, which could otherwise come back to haunt the company in the future.

The RIAA has yet to reply to CloudFlare’s request, but they would likely want to keep the order in place. There’s always a tiny chance that MP3Skull might arise from the ashes, and they would want to be prepared should that be the case.

Cloudflare’s full motion is available here (pdf).

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

Several TVAddons Domains Transferred to Canadian Lawfirm

Post Syndicated from Andy original https://torrentfreak.com/several-tvaddons-domains-transferred-to-canadian-lawfirm-170718/

The last couple of months have been the most chaotic on record for the booming Kodi third-party addon scene. After years of largely interrupted service, a single lawsuit changed the entire landscape.

Last month, TF broke the news that third-party Kodi add-on ZemTV and the TVAddons library were being sued in a federal court in Texas. The fallout was something to behold.

Within days the ‘pirate’ Kodi community found itself in turmoil. Several high-profile Kodi addons took the decision to shut down and even TVAddons itself went dark without explanation.

At the time, unsubstantiated rumors suggested that TVAddons’ disappearance could be attributed to some coincidental site maintenance. However, with around 40 million regular users built up over a number of years, a disappearing Facebook page, and complete radio silence during alleged “routine maintenance,” something was clearly wrong.

It would’ve taken just a couple of minutes to put a ‘maintenance’ notice on the site but one didn’t appear back in June, and one hasn’t appeared since. Behind the scenes,
however, things have been shifting.

In addition to wiping the DNS entries of TVAddons.ag, on at least another couple of occasions the domain has been quietly updated. The image below shows how it used to look.

TVAddons historical domain WHOIS

PrivacyDotLink refers to a service offered by Cayman Islands-based registry Uniregistry. Instead of displaying the real name and address of the domain owner (in this case the person behind TVAddons.ag), the registry replaces the information with details of its own.

The privacy service is used for many reasons, but it’s not hard to see why it’s of particular use to sites in the ‘pirate’ sector.

While some of the changes to the TVAddons domain during the past five weeks or so haven’t been obvious, this morning we observed the biggest change yet. As seen in the image below, its ownership details are no longer obscured by the privacy service.

TVAddons new domain WHOIS

What stands out here is the name Daniel Drapeau. On closer inspection, this gentleman turns out to be a Canada-based lawyer who was admitted to the Quebec Bar in 1991.

“A passion for IP and a 20 year track record, servicing corporations and individuals alike in a wide variety of industries, including industrial equipment, consumer products, publishing, food & beverage, fashion and arts,” Drapeau’s Linkedin page reads.

“His forte is the strategic use of IP rights and litigation to achieve his clients’ goals, whether they be protective, aggressive or defensive. Specialties: Expeditive remedies, including injunctions and seizure orders.”

The other fresh detail in the WHOIS is an address – 600, de Maisonneuve West, Montreal (Quebec) H3A 3J2. It’s a perfect match for the premises of DrapeauLex, a law firm launched by Drapeau in 2012.

Only adding to the intrigue is the fact that other domains operated by TVAddons both recently and historically have also been transferred to the lawfirm.

XMBCHUB.com, which was the domain used by TVAddons before making the switch several years ago, was transferred yesterday. The same can be said about Offshoregit.com, the domain used by TVAddons to distribute Kodi addons.

While there are a few explanations for a lawyer’s name appearing on the TVAddons domains, none of them are yet supported by legal documentation filed in the United States. As of this morning, the Dish Network case docket had received no additional updates. No notice of action in Canada has been made public.

Nevertheless, as a past president of the Intellectual Property Institute of Canada’s anti-counterfeiting committee, Drapeau is certainly an interesting character in the IP space. As noted in a 2009 article by Professor of Law Michael Geist, Drapeau “urged the government to adopt a system of notice-and-takedown.”

Interestingly, Drapeau also worked at law firm Smart & Biggar, where former colleague Jean-Sébastien Dupont recently went on to represent Canadian broadcasters in Wesley (Mtlfreetv.com) v. Bell Canada, the big Kodi-addon piracy case currently underway in Canada.

At this stage, it’s unclear who Drapeau is working for in the TVAddons case. It’s possible that he’s working for Dish and this is a step towards the domains being handed over to the broadcaster as part of a settlement deal with TVAddons. That being said, the XBMChub and Offshoregit domains weren’t mentioned in the Dish lawsuit so something else might be underway.

TorrentFreak reached out to Drapeau for comment and clarification, but at the time of publication, we had received no response.

Dan Drapeau talks Intellectual Property from DrapeauLex on Vimeo.

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

Pirate App Store Operator Jailed for Criminal Copyright Infringement

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-app-store-operator-jailed-for-criminal-copyright-infringement-170710/

Assisted by police in France and the Netherlands, the FBI took down the “pirate” Android stores Appbucket, Applanet and SnappzMarket during the summer of 2012.

The domain seizures were the first ever against “rogue” mobile app marketplaces and followed similar actions against BitTorrent and streaming sites.

During the years that followed several people connected to the Android app sites were arrested and indicted. This is also true for the now 27-year-old Joshua Taylor, a resident of Kentwood, Michigan.

Taylor, who arranged SnappzMarket’s servers, was previously convicted of conspiracy to commit criminal copyright infringement and has now been sentenced (pdf) to 16 months in prison for his role in the operation.

According to the Department of Justice, SnappzMarket distributed more than one million pirated apps with a retail value exceeding $1.7 million.

In a sentencing memorandum, defense attorney John Lovell argued that his client never made any “profits” from his involvement, noting that the co-conspirators played a much more significant role.

“Josh Taylor is 27 years old with no other criminal history. His offense involved procuring storage space for the masterminds of the operation,” Lovell wrote. “SnappzMarket did not pay Josh. Whatever profits were generated by SnappzMarket were split between Sharp and Peterson.”

The court record further reveals that Taylor had a very tough childhood and was plagued by both mental and physical challenges.

According to the testimony from his psychologist Meredith Davis, he didn’t understand that he was committing a felonious act, and lacked the cognitive capacity do so intentionally.

The psychologist stressed that her client deeply regrets what happened and she doesn’t think it’s likely that would run into similar problems in the future.

“He has expressed a great deal of remorse for his involvement in the charged crime. Mr. Taylor possesses a high degree of vigilance to avoid any further contact with the law,” Davis wrote to the court.

Despite these arguments, U.S. District Judge Timothy Batten Sr. found a prison sentence appropriate.

While 16 months is significant, it’s not as much as 46 month prison sentence co-conspirator Scott Walton received earlier. Kody Peterson, another key SnappzMarket operator, only received a one year sentence but he agreed to do undercover work for the FBI.

Gary Edwin Sharp II, the only remaining defendant, previously pleaded guilty and is currently scheduled to be sentenced in November. Like the others, he also faces up to several years in prison.

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

New Lawsuit Demands ISP Blockades Against ‘Pirate’ Site Sci-Hub

Post Syndicated from Ernesto original https://torrentfreak.com/new-lawsuit-demands-isp-blockades-against-pirate-site-sci-hub-170629/

Founded more than 140 years ago, the American Chemical Society (ACS) is a leading source of academic publications in the field of chemistry.

The non-profit organization has around 157,000 members and researchers publish tens of thousands of articles a year in its peer-reviewed journals.

ACS derives a significant portion of its revenue from its publishing work, which is in large part behind a paywall. As such, it is not happy with websites that offer their copyrighted articles for free, such as Sci-Hub.

The deviant ‘pirate site’ believes that all scientific articles should be open to the public, as that’s in the best interest of science. While some academics are sympathetic to the goal, publishers share a different view.

Just last week Sci-Hub lost its copyright infringement case against Elsevier, and now ACS is following suit with a separate case. In a complaint filed in a Virginia District Court, the scientific society demands damages for Sci-Hub’s copyright and trademark infringements.

According to the filing, Sci-Hub has “stolen Plaintiff’s copyright-protected scientific articles and reproduced and distributed them on the Internet without permission.”

ACS points out that Sci-Hub is operating two websites that are nearly identical to the organization’s official site, located at pubs.acs.org.sci-hub.cc and acs.org.secure.sci-hub.cc. These are confusing to the public, they claim, and also an infringement of its copyrights and trademarks.

“The Pirated/Spoofed Site appears to almost completely replicate the content of Plaintiff’s website. For example, the Pirated/Spoofed Site replicates webpages on ACS’s history, purpose, news, scholarship opportunities, and budget,” the complaint (pdf) reads.

“Each of these pages on the Pirated/Spoofed Site contains ACS’s Copyrighted Works and the ACS Marks, creating the impression that the Pirated/Spoofed Site is associated with ACS.”

From the ACS complaint

By offering its articles for free and mimicking the ACS website, Sci-Hub is in direct competition with the scientific society. As a result, ACS claims to lose revenue.

“Defendants are attempting to divert users and revenues away from ACS by replicating and distributing ACS’s Copyrighted Works without authorization,” the complaint reads.

With the lawsuit, ACS hopes to recoup the money it claims to have lost. It’s likely that the total damages amount will run in the millions. However, if the defendants stay out of reach, this might be hard to collect.

Perhaps this is why the current lawsuit has included a request for a broader injunction against Sci-Hub. Not only does it ask for domain name seizures, but the scientific society also wants search engines, web hosting companies and general Internet providers to block access to the site.

“That those in privity with Defendants and those with notice of the injunction, including any Internet search engines, web hosting and Internet service providers, domain name registrars, and domain name registries cease facilitating access to any or all domain names and websites through which Defendants engage in unlawful access to, use, reproduction, and distribution of the ACS Marks or ACS’s Copyrighted Works,” it reads.

If granted, it would mean that Internet providers such as Comcast would have to block users from accessing Sci-Hub. That’s a big deal since pirate site blockades are not common in the United States.

It might very well be that ACS is not expecting any compensation for the alleged copyright and trademark infringements, but that the broad injunction is their main goal. If that is the case, this case could turn out to be more crucial than it looks at first sight.

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

Operation ‘Pirate On Demand’ Blocks Pirate IPTV Portals

Post Syndicated from Andy original https://torrentfreak.com/operation-pirate-on-demand-blocks-pirate-iptv-portals-170628/

Via cheap set-top boxes, IPTV services (Internet Protocol TV) allow people to access thousands of live TV channels in their living rooms for a nominal fee.

Some of these services are available for just a few euros, dollars or pounds per month, often in HD quality.

While service levels can vary, some of the best also offer comprehensive Video On Demand (VOD), with hundreds and in some cases thousands of movies and TV shows on tap, supported by catch-up TV. Given their professional nature, the best IPTV products are proving a real thorn in the side for rights holders, who hope to charge ten times the money while delivering a lesser product.

As a result, crackdowns against IPTV providers, resellers and other people in the chain are underway across the world, but Europe in particular. Today’s news comes from Italy, where Operation “Pirate On Demand” is hoping to make a dent in IPTV piracy.

The operation is being headed up by the Guardia di Finanza (GdF), a department under Italy’s Minister of Economy and Finance. Part of the Italian Armed Forces, GdF says it has targeted nine sites involved in the unlawful distribution of content offered officially by local media giants Mediaset and Sky.

The authorities received assistance of a specialized team from the local anti-piracy group DCP, which operates on behalf of a broad range of entertainment industry companies.

According to GdF, a total of 89 servers were behind the portals which together delivered an estimated 178 terabytes of pirate content, ranging from TV shows and sports, to movies and children’s entertainment.

The nine portals are in the process of being blocked with some displaying the following message.

Seizure notice on the affected sites

The investigation began in September 2016 and was coordinated by Giangiacomo Pilia, the prosecutor at the Cagliari Court. Thus far, two people have been arrested.

A person arrested in the Varese area, who police believe is the commercial director of an illicit platform, has been charged with breaching copyright law.

A second individual arrested in Macerata is also suspected of copyright offenses, having technically managed the platform. Computer equipment, decoders, smart cards, and other electronic devices were also seized.

In addition to blocking various web portals, measures will now be taken to block the servers being used to supply the IPTV services. The GdF has also delivered a veiled threat to people who subscribed to the illicit services.

“It is also in the hands of investigators the position of those who have actively accessed the platforms by purchasing pirated subscriptions and thus benefiting by taking advantage,” GdF said.

The moves this week are the latest to take place under the Operation “Pirate On Demand” banner. Back in March, authorities moved to shut down and block 15 portals offering illegal IPTV access to Mediaset and Sky channels.

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

Cybercrime Officials Shutdown Large eBook Portal, Three Arrested

Post Syndicated from Andy original https://torrentfreak.com/cybercrime-officials-shutdown-large-ebook-portal-three-arrested-170626/

Back in February 2015, German anti-piracy outfit GVU filed a complaint against the operators of large eBook portal Lul.to.

Targeted mainly at the German audience, the site carried around 160,000 eBooks, 28,000 audiobooks, plus newspapers and periodicals. Its motto was “Read and Listen” and claimed to be both the largest German eBook portal and the largest DRM-free platform in the world.

Unlike most file-sharing sites, Lul.to charged around 30,000 customers a small fee to access content, around $0.23 per download. However, all that came to end last week when authorities moved to shut the platform down.

According to the General Prosecutor’s Office, searches in several locations led to the discovery of around 55,000 euros in bitcoin, 100,000 euros in bank deposits, 10,000 euros in cash, plus a “high-quality” motorcycle.

As is often the case following significant action, the site has been completely taken down and now displays the following seizure notice.

Lul.to seized (translated from German)

Authorities report that three people were arrested and are being detained while investigations continue.

It is not yet clear how many times the site’s books were downloaded by users but investigators believe that the retail value of the content offered on the site was around 392,000 euros. By volume, investigators seized more than 11 terabytes of data.

The German Publishers & Booksellers Association welcomed the shutdown of the platform.

“Intervening against lul.to is an important success in the fight against Internet piracy. By blocking one of the largest illegal providers for e-books and audiobooks, many publishers and retailers can breathe,” said CEO Alexander Skipis.

“Piracy is not an excusable offense, it’s the theft of intellectual property, which is the basis for the work of authors, publishers, and bookshops. Portals like lul.to harm the media market massively. The success of the investigation is another example of the fact that such illegal models ultimately can not hold up.”

Last week in a separate case in Denmark, three men aged between 26 and 71-years-old were handed suspended sentences for offering subscription access to around 198 pirate textbooks.

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

Kim Dotcom Opposes US’s “Fugitive” Claims at Supreme Court

Post Syndicated from Ernesto original https://torrentfreak.com/kim-dotcom-opposes-uss-fugitive-claims-supreme-court-170622/

megaupload-logoWhen Megaupload and Kim Dotcom were raided five years ago, the authorities seized millions of dollars in cash and other property.

The US government claimed the assets were obtained through copyright crimes so went after the bank accounts, cars, and other seized possessions of the Megaupload defendants.

Kim Dotcom and his colleagues were branded as “fugitives” and the Government won its case. Dotcom’s legal team quickly appealed this verdict, but lost once more at the Fourth Circuit appeals court.

A few weeks ago Dotcom and his former colleagues petitioned the Supreme Court to take on the case.

They don’t see themselves as “fugitives” and want the assets returned. The US Government opposed the request, but according to a new reply filed by Megaupload’s legal team, the US Government ignores critical questions.

The Government has a “vested financial stake” in maintaining the current situation, they write, which allows the authorities to use their “fugitive” claims as an offensive weapon.

“Far from being directed towards persons who have fled or avoided our country while claiming assets in it, fugitive disentitlement is being used offensively to strip foreigners of their assets abroad,” the reply brief (pdf) reads.

According to Dotcom’s lawyers there are several conflicting opinions from lower courts, which should be clarified by the Supreme Court. That Dotcom and his colleagues have decided to fight their extradition in New Zealand, doesn’t warrant the seizure of their assets.

“Absent review, forfeiture of tens of millions of dollars will be a fait accompli without the merits being reached,” they write, adding that this is all the more concerning because the US Government’s criminal case may not be as strong as claimed.

“This is especially disconcerting because the Government’s criminal case is so dubious. When the Government characterizes Petitioners as ‘designing and profiting from a system that facilitated wide-scale copyright infringement,’ it continues to paint a portrait of secondary copyright infringement, which is not a crime.”

The defense team cites several issues that warrant review and urges the Supreme Court to hear the case. If not, the Government will effectively be able to use assets seizures as a pressure tool to urge foreign defendants to come to the US.

“If this stands, the Government can weaponize fugitive disentitlement in order to claim assets abroad,” the reply brief reads.

“It is time for the Court to speak to the Questions Presented. Over the past two decades it has never had a better vehicle to do so, nor is any such vehicle elsewhere in sight,” Dotcom’s lawyers add.

Whether the Supreme Court accepts or denies the case will likely be decided in the weeks to come.

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

The Pirate Bay Isn’t Affected By Adverse Court Rulings – Everyone Else Is

Post Syndicated from Andy original https://torrentfreak.com/the-pirate-bay-isnt-affected-by-adverse-court-rulings-everyone-else-is-170618/

For more than a decade The Pirate Bay has been the world’s most controversial site. Delivering huge quantities of copyrighted content to the masses, the platform is revered and reviled across the copyright spectrum.

Its reputation is one of a defiant Internet swashbuckler, but due to changes in how the site has been run in more recent times, its current philosophy is more difficult to gauge. What has never been in doubt, however, is the site’s original intent to be as provocative as possible.

Through endless publicity stunts, some real, some just for the ‘lulz’, The Pirate Bay managed to attract a massive audience, all while incurring the wrath of every major copyright holder in the world.

Make no mistake, they all queued up to strike back, but every subsequent rightsholder action was met by a Pirate Bay middle finger, two fingers, or chin flick, depending on the mood of the day. This only served to further delight the masses, who happily spread the word while keeping their torrents flowing.

This vicious circle of being targeted by the entertainment industries, mocking them, and then reaping the traffic benefits, developed into the cheapest long-term marketing campaign the Internet had ever seen. But nothing is ever truly for free and there have been consequences.

After taunting Hollywood and the music industry with its refusals to capitulate, endless legal action that the site would have ordinarily been forced to participate in largely took place without The Pirate Bay being present. It doesn’t take a law degree to work out what happened in each and every one of those cases, whatever complex route they took through the legal system. No defense, no win.

For example, the web-blocking phenomenon across the UK, Europe, Asia and Australia was driven by the site’s absolute resilience and although there would clearly have been other scapegoats had The Pirate Bay disappeared, the site was the ideal bogeyman the copyright lobby required to move forward.

Filing blocking lawsuits while bringing hosts, advertisers, and ISPs on board for anti-piracy initiatives were also made easier with the ‘evil’ Pirate Bay still online. Immune from every anti-piracy technique under the sun, the existence of the platform in the face of all onslaughts only strengthened the cases of those arguing for even more drastic measures.

Over a decade, this has meant a significant tightening of the sharing and streaming climate. Without any big legislative changes but plenty of case law against The Pirate Bay, web-blocking is now a walk in the park, ad hoc domain seizures are a fairly regular occurrence, and few companies want to host sharing sites. Advertisers and brands are also hesitant over where they place their ads. It’s a very different world to the one of 10 years ago.

While it would be wrong to attribute every tightening of the noose to the actions of The Pirate Bay, there’s little doubt that the site and its chaotic image played a huge role in where copyright enforcement is today. The platform set out to provoke and succeeded in every way possible, gaining supporters in their millions. It could also be argued it kicked a hole in a hornets’ nest, releasing the hell inside.

But perhaps the site’s most amazing achievement is the way it has managed to stay online, despite all the turmoil.

This week yet another ruling, this time from the powerful European Court of Justice, found that by offering links in the manner it does, The Pirate Bay and other sites are liable for communicating copyright works to the public. Of course, this prompted the usual swathe of articles claiming that this could be the final nail in the site’s coffin.

Wrong.

In common with every ruling, legal defeat, and legislative restriction put in place due to the site’s activities, this week’s decision from the ECJ will have zero effect on the Pirate Bay’s availability. For right or wrong, the site was breaking the law long before this ruling and will continue to do so until it decides otherwise.

What we have instead is a further tightened legal landscape that will have a lasting effect on everything BUT the site, including weaker torrent sites, Internet users, and user-uploaded content sites such as YouTube.

With The Pirate Bay carrying on regardless, that is nothing short of remarkable.

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

So You Want To Be An Internet Piracy Investigator?

Post Syndicated from Andy original https://torrentfreak.com/so-you-want-to-be-an-internet-piracy-investigator-170528/

While the authorities would like to paint a picture of Internet pirates as thoughtless thieves only interested in the theft of intellectual property, the truth is more nuanced.

Like every other online and indeed offline location, pirate sites are filled with people from all corners of society, from rich to poor, and from the basically educated to the borderline genius.

What is especially interesting is the extremely thin line between poacher and gamekeeper, between those who want to exploit intellectual property and those who want to protect it. Indeed, it is far from uncommon to find former pirates and renegade coders “going straight” by working for their former enemies.

While a repellent thought to some, it makes perfect sense. Anyone who knows the piracy scene back to front could be a valuable asset to the other side, under the right circumstances. But what does it really take to be an anti-piracy investigator?

As it happens, the UK’s Federation Against Copyright Theft is currently trying to fill exactly such a position. The job of “Internet Investigator” is based in the UK and the successful applicant will report to a manager. While that tends to suggest a lower pay grade, FACT are insistent that applicants meet stringent criteria.

“Working as a proactive member of the investigatory team to support the strategic objectives of FACT. Responsible for the detection, investigation, and protection of clients Intellectual Property whether physical or digital as directed by the Investigations Manager,” the listing reads.

More specifically, FACT is looking for someone with a “strong aptitude for investigation” who is capable of working under minimal supervision. The candidate is also required to have a proven record of liaising with “industry and enforcement organizations”, presumably including entertainment companies and the police.

At this point, things get pretty interesting. FACT says that the job involves assessing and investigating “individuals and entities” responsible for “illegal or infringing activity related to Intellectual Property.” Think torrent, streaming and IPTV site operators and staff, release group members, ‘Kodi Box’ sellers, infringing addon developers, even people flogging dodgy DVDs down the market.

When these investigations are being carried out, FACT expects evidence and intelligence to be gathered “ethically and in accordance with criminal procedure rules”, presumably so that cases don’t collapse when they end up in court. Which they often do.

Also of interest is how closely FACT appears to align its practices with those of the police. While the candidate is expected to liaise with law enforcement, they will also be expected to take part in briefings, seizure of evidence and prosecution support, all while “managing risks” and acting in accordance with UK legislation.

Another aspect of the job is a little cryptic, in that it requires the candidate to “locate offenders” and then undertake action “with an alternative approach to a proportionate solution.” That’s open to interpretation but it sounds very much like the home visits FACT has been known to make to site operators, who are asked to cease and desist while handing over their domains.

Unsurprisingly, FACT are looking for someone with a computer science degree or similar, and good organizational skills. Above that, it’s fairly obvious they’re seeking someone with a legal background, perhaps a law graduate or even a former police officer.

In addition to familiarity with the rules laid down in the Management of Police Information (MOPI) 2010, the candidate will be required to attend court hearings to give evidence. They’ll also need to conduct “intrusive surveillance” in accordance with the Regulation of Investigatory Powers Act 2000 (RIPA) and have knowledge of:

– European Convention on Human Rights Act 2000
– Police and Criminal Evidence Act 1984
– Regulation of Investigatory Powers Act 2000
– Data Protection Act 1998
– Proceeds of Crime Act 2002
– Fraud Act 2006
– Serious Crime Act 2007
– Copyright Designs & Patents Act 1988 and Trade Marks Act 1994
– Computer Misuse Act 1990
– Other applicable legislation

The window to apply has almost run out but given the laundry list of qualities above, it seems unlikely that FACT will be swamped with perfectly suitable candidates right off the bat.

Finally, it’s probably worth mentioning that former torrent site operators and release group members keen to branch out are not specifically mentioned as primary candidates, so the poacher-turned-gamekeeper applicant might want to keep that part under their hat, at least until later.

Otherwise, FACT might just slap the cuffs on there and then, in line with UK legislation and procedure, of course.

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

Texas Court Orders Temporary ‘Pre-Piracy’ Shutdown of Sports Streaming Sites

Post Syndicated from Ernesto original https://torrentfreak.com/texas-court-orders-temporary-pre-piracy-shutdown-of-sports-streaming-sites-170513/

Copyright holders often complain that they have virtually no means to target pirate sites, especially those run from overseas.

Interestingly, however, in recent months it has become apparent that the US Federal Court system can be used as a prime enforcement tool to shut down pirate domain names.

This is also the path Indian media outfit Times Content Limited (TCL) decided to go down. The company operates the cricket channel Willow TV and owns the US broadcasting rights to the Indian Premier League cricket tournament, which is currently ongoing.

Two weeks ago the company sued several sports streaming sites including smartcric.com and crickethdlive.com. These sites allow users to watch cricket games for free over the Internet, without permission.

To stop this from taking place, the Indian company requested a broad injunction, which the court granted last week.

The preliminary injunction (pdf) orders various third party providers to stop working with these sites effective immediately to prevent future copyright infringements. This also applies to any new domain names or websites the operators may launch.

“…all service providers whose services will enable or facilitate Defendants’ anticipated infringement are ordered to suspend all services with respect to smartcric.com, smartcric.eu, crickethdlive.com, and crickethdlive.pw, or any other website or domain that is redirected from the Websites and continues to distribute and publicly perform the 2017 IPL,” it reads.

Domain registries and registrars are not the only parties that are compelled to comply. It also lists a broad range of intermediaries including hosting companies, CDN services, advertising outfits, and streaming providers.

Where this order clearly differs from similar injunctions in the US is that it specifically targets “anticipated infringement.” Or put differently, it aims to prevent piracy before it takes place.

From the injunction

What stands out further is that the injunction is temporary in nature. It only applies while the Cricket tournament is active. This ends on May 22, after which the parties involved are free to lift or reverse the actions they took.

“For the avoidance of doubt, the Court’s intent is to ensure that Defendants’ Websites be rendered offline, inaccessible and incapable of receiving or displaying audio or video signals between the date of this order and 6:00 am. CDT on May 22, 2017,” the injunction reads.

Over the past few days several of the seized domain names have been placed in a Godaddy holding account belonging to the law firm that represents TCL. And per court order, they will stay there until said date.

That doesn’t mean, however, that the case is over after the tournament ends. In the complaint, TCL also requests damages and other punitive measures, which is something that has to be decided over at a later date.

TorrentFreak spoke to the operator of the streaming sites in question, who says that the lawsuit took him by surprise. After losing his initial domain names he registered several new ones, but these were swiftly taken down as well.

“I moved Smartcric.com to Smartcric.be and Crickethdlive.com to Crickethdlive.pw. However, both domains were suspended as well within a day. Later, I moved Crickethdlive content to Crickethdlive.to however that was suspended yesterday as well,” the operator says.

“It was shocking to see that non-US registries were following the order issued by a US court. It was unfair and unjust to comply with orders of a non-competent court by these registries.”

Interestingly, one of the domain names was registered through the domain name service Njalla, which Pirate Bay co-founder Peter Sunde recently launched. Sunde stresses that the domain was seized beyond their control and that no personal information was shared.

“We’re looking into the case at the moment, but the court took the domain and sent it to a legal firm. We have no way of going above the court and ICANN on this. However, we have of course not sent any information about the customer to anyone,” Sunde says.

The streaming site operator still doubts that he will get his domain names back after the injunction expires. Instead, he’s decided to focus his effort on finding a domain name that falls outside of the scope of the US courts.

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

Original KickassTorrents Domain Goes Up For Sale

Post Syndicated from Ernesto original https://torrentfreak.com/original-kickasstorrents-domain-goes-up-for-sale-170507/

Last summer a criminal investigation by the U.S. Government brought down KickassTorrents, the largest torrent site at the time.

Upon request from the United States, law enforcement in Poland arrested Artem Vaulin, the alleged owner of KickassTorrents, who’s been held in a local prison ever since.

In addition, the U.S. Department of Justice (DoJ) also went after six domain names that were tied to the site, including KickassTorrents.com, Kat.cr, Kickass.to and Kat.ph. However, it appears that not everything went as planned.

While seizing U.S. linked domains including the .com was relatively easy, the Philippine .ph domain was never seized.

KAT domains, listed by the DoJ

In the legal paperwork, the DoJ mentions that the foreign registries would be approached through a Mutual Legal Assistance Treaty, and asked to point the domains to servers controlled by Homeland Security Investigations.

“The seizure warrants for the remaining Subject Domains will be sent through Mutual Legal Assistance Treaty requests to Costa Rica, Tonga, and the Philippines to seize and redirect the name server to an HSI-owned server.”

This did indeed happen for Kickass.to but KAT.ph was never properly seized. On the contrary, the owners let it expire after which the registrar Dynadot auctioned it off. This allowed a third-party company to pick it up without trouble.

TorrentFreak spoke to the new owner of Kat.ph, who bought the domain name for a little over $9,000.

He explains that his company Marshall Domains LTD specializes in buying domains names that are expected to generate a decent amount of traffic. They buy all sorts of domains, which they monetize through Google advertising feeds.

The KAT.ph domain wasn’t a great investment though. In terms of traffic, it’s a winner. The domain had more than 700,000 unique visitors over the past month, mostly people looking for the old KickassTorrent site. However, it is banned from Google’s ad services.

There are other advertising options, but those are pretty scammy and not an option for the new owner.

“I’m not really happy with sending my traffic to these feeds. They get good results, but it’s all spammy, malware installing crap. I don’t want to be associated with this form of monetization,” Mr. Marshall informs TorrentFreak.

Instead, he has decided to put the domain up for sale, and it’s currently availble for at least $7,000. This means taking a loss, but at the moment the domain isn’t generating any income.

Kat.ph for sale

Thus far there hasn’t been many offers from potential buyers. Funnily enough, most inquiries come from former KickassTorrents users who missed the shutdown and are wondering where the site went.

“I’ve had some interest, but mainly from people asking to download things or where KickassTorrents has gone, but I just ignore these,” Mr. Marshall says.

Perhaps the Department of Justice might want to buy it after the failed seizure? If only to prevent it from being used by KAT knockoffs in the future…

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

Megaupload User Asks Appeals Court to Help Get His Files Back

Post Syndicated from Ernesto original https://torrentfreak.com/megaupload-user-asks-appeals-court-to-help-get-his-files-back-170426/

megauploadSoon after Megaupload’s shutdown more than five years ago, many of the site’s users complained that their personal files had been lost as collateral damage.

One of these users is Kyle Goodwin, who operates a sports video company in Ohio. He used Megaupload as part of his business, to safely store large videos he created himself.

But, after Megaupload’s servers were raided Mr. Goodwin could no longer access the files. Hoping to resolve the issue, he asked the court to assist him and others to retrieve their personal property.

Helped by the Electronic Frontier Foundation (EFF), Williams Mullen law firm, and Stanford’s Hoover Institution, Mr. Goodwin filed over half a dozen requests since 2012 asking the court to find a workable solution for the return of his data. Thus far, however, this has been without success.

This week, his legal team brought the issue before the Court of Appeals for the Fourth Circuit, pointing out that the Government’s seizure of Megaupload and its apparent disregard for the rights of former users of the service continue to affect innocent bystanders.

After more than five years, they hope that the court will help to break the case open, so former users will be able to retrieve their personal files.

“Mr. Goodwin, and many others, used Megaupload to store legal files, and we’ve been asking the court for help since 2012. It’s deeply unfair for him to still be in limbo after all this time,” EFF’s Senior Staff Attorney Mitch Stoltz says.

“The legal system must step in and create a pathway for law-abiding users to get their data back.”

Mr. Goodwin’s lawyers asked the court to issue a ‘writ of mandamus‘ to the trial court, requesting it to act on their client’s behalf and create a process for Megaupload users to regain access their data.

The longer it takes the higher the risk is that data will be permanently lost, the legal team stresses. And at this moment it could still take many years before the criminal case reaches its conclusion.

“The seizure and continued denial of access also violates Mr. Goodwin’s constitutional rights. Under the Fourth and Fifth Amendments, the government was obligated to execute the searches and seizures in a manner that reasonably protected the rights of third parties to access and retrieval,” the petition reads.

While the sports videographer is the only Megaupload user who’s fighting for his rights in court, there are many others who still hope to be reunited with their lost data. Last year a former Megaupload user contacted TorrentFreak in desperation, hoping to recover a personal photo that is very dear to him.

According to EFF, the Government can’t stand idly by in these cases. More and more users are hosting their personal data in the cloud and it’s important that their rights are taken into account.

“We’re likely to see even more cases like this as cloud computing becomes increasingly popular,” EFF’s Legal Director Corynne McSherry comments.

“If the government takes over your bank, it doesn’t get to keep the family jewels you stored in the vault. There’s a process for you to get your stuff back, and you have a right to the same protection for your data,” she adds.

In a few weeks we will know if the Appeals Court agrees, or if the waiting continues.

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