Tag Archives: site blocking

Majority of Canadians Consume Online Content Legally, Survey Finds

Post Syndicated from Andy original https://torrentfreak.com/majority-of-canadians-consume-online-content-legally-survey-finds-180531/

Back in January, a coalition of companies and organizations with ties to the entertainment industries called on local telecoms regulator CRTC to implement a national website blocking regime.

Under the banner of Fairplay Canada, members including Bell, Cineplex, Directors Guild of Canada, Maple Leaf Sports and Entertainment, Movie Theatre Association of Canada, and Rogers Media, spoke of an industry under threat from marauding pirates. But just how serious is this threat?

The results of a new survey commissioned by Innovation Science and Economic Development Canada (ISED) in collaboration with the Department of Canadian Heritage (PCH) aims to shine light on the problem by revealing the online content consumption habits of citizens in the Great White North.

While there are interesting findings for those on both sides of the site-blocking debate, the situation seems somewhat removed from the Armageddon scenario predicted by the entertainment industries.

Carried out among 3,301 Canadians aged 12 years and over, the Kantar TNS study aims to cover copyright infringement in six key content areas – music, movies, TV shows, video games, computer software, and eBooks. Attitudes and behaviors are also touched upon while measuring the effectiveness of Canada’s copyright measures.

General Digital Content Consumption

In its introduction, the report notes that 28 million Canadians used the Internet in the three-month study period to November 27, 2017. Of those, 22 million (80%) consumed digital content. Around 20 million (73%) streamed or accessed content, 16 million (59%) downloaded content, while 8 million (28%) shared content.

Music, TV shows and movies all battled for first place in the consumption ranks, with 48%, 48%, and 46% respectively.

Copyright Infringement

According to the study, the majority of Canadians do things completely by the book. An impressive 74% of media-consuming respondents said that they’d only accessed material from legal sources in the preceding three months.

The remaining 26% admitted to accessing at least one illegal file in the same period. Of those, just 5% said that all of their consumption was from illegal sources, with movies (36%), software (36%), TV shows (34%) and video games (33%) the most likely content to be consumed illegally.

Interestingly, the study found that few demographic factors – such as gender, region, rural and urban, income, employment status and language – play a role in illegal content consumption.

“We found that only age and income varied significantly between consumers who infringed by downloading or streaming/accessing content online illegally and consumers who did not consume infringing content online,” the report reads.

“More specifically, the profile of consumers who downloaded or streamed/accessed infringing content skewed slightly younger and towards individuals with household incomes of $100K+.”

Licensed services much more popular than pirate haunts

It will come as no surprise that Netflix was the most popular service with consumers, with 64% having used it in the past three months. Sites like YouTube and Facebook were a big hit too, visited by 36% and 28% of content consumers respectively.

Overall, 74% of online content consumers use licensed services for content while 42% use social networks. Under a third (31%) use a combination of peer-to-peer (BitTorrent), cyberlocker platforms, or linking sites. Stream-ripping services are used by 9% of content consumers.

“Consumers who reported downloading or streaming/accessing infringing content only are less likely to use licensed services and more likely to use peer-to-peer/cyberlocker/linking sites than other consumers of online content,” the report notes.

Attitudes towards legal consumption & infringing content

In common with similar surveys over the years, the Kantar research looked at the reasons why people consume content from various sources, both legal and otherwise.

Convenience (48%), speed (36%) and quality (34%) were the most-cited reasons for using legal sources. An interesting 33% of respondents said they use legal sites to avoid using illegal sources.

On the illicit front, 54% of those who obtained unauthorized content in the previous three months said they did so due to it being free, with 40% citing convenience and 34% mentioning speed.

Almost six out of ten (58%) said lower costs would encourage them to switch to official sources, with 47% saying they’d move if legal availability was improved.

Canada’s ‘Notice-and-Notice’ warning system

People in Canada who share content on peer-to-peer systems like BitTorrent without permission run the risk of receiving an infringement notice warning them to stop. These are sent by copyright holders via users’ ISPs and the hope is that the shock of receiving a warning will turn consumers back to the straight and narrow.

The study reveals that 10% of online content consumers over the age of 12 have received one of these notices but what kind of effect have they had?

“Respondents reported that receiving such a notice resulted in the following: increased awareness of copyright infringement (38%), taking steps to ensure password protected home networks (27%), a household discussion about copyright infringement (27%), and discontinuing illegal downloading or streaming (24%),” the report notes.

While these are all positives for the entertainment industries, Kantar reports that almost a quarter (24%) of people who receive a notice simply ignore them.

Stream-ripping

Once upon a time, people obtaining music via P2P networks was cited as the music industry’s greatest threat but, with the advent of sites like YouTube, so-called stream-ripping is the latest bogeyman.

According to the study, 11% of Internet users say they’ve used a stream-ripping service. They are most likely to be male (62%) and predominantly 18 to 34 (52%) years of age.

“Among Canadians who have used a service to stream-rip music or entertainment, nearly half (48%) have used stream-ripping sites, one-third have used downloader apps (38%), one-in-seven (14%) have used a stream-ripping plug-in, and one-in-ten (10%) have used stream-ripping software,” the report adds.

Set-Top Boxes and VPNs

Few general piracy studies would be complete in 2018 without touching on set-top devices and Virtual Private Networks and this report doesn’t disappoint.

More than one in five (21%) respondents aged 12+ reported using a VPN, with the main purpose of securing communications and Internet browsing (57%).

A relatively modest 36% said they use a VPN to access free content while 32% said the aim was to access geo-blocked content unavailable in Canada. Just over a quarter (27%) said that accessing content from overseas at a reasonable price was the main motivator.

One in ten (10%) of respondents reported using a set-top box, with 78% stating they use them to access paid-for content. Interestingly, only a small number say they use the devices to infringe.

“A minority use set-top boxes to access other content that is not legal or they are unsure if it is legal (16%), or to access live sports that are not legal or they are unsure if it is legal (11%),” the report notes.

“Individuals who consumed a mix of legal and illegal content online are more likely to use VPN services (42%) or TV set-top boxes (21%) than consumers who only downloaded or streamed/accessed legal content.”

Kantar says that the findings of the report will be used to help policymakers evaluate how Canada’s Copyright Act is coping with a changing market and technological developments.

“This research will provide the necessary information required to further develop copyright policy in Canada, as well as to provide a foundation to assess the effectiveness of the measures to address copyright infringement, should future analysis be undertaken,” it concludes.

The full report can be found here (pdf)

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Police Launch Investigation into Huge Pirate Manga Site Mangamura

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Bell/TSN Letter to University Connects Site-Blocking Support to Students’ Futures

Post Syndicated from Andy original https://torrentfreak.com/bell-tsn-letter-to-university-connects-site-blocking-support-to-students-futures-180510/

In January, a coalition of Canadian companies called on local telecoms regulator CRTC to implement a website-blocking regime in Canada.

The coalition, Fairplay Canada, is a collection of organizations and companies with ties to the entertainment industries and includes Bell, Cineplex, Directors Guild of Canada, Maple Leaf Sports and Entertainment, Movie Theatre Association of Canada, and Rogers Media. Its stated aim is to address Canada’s online piracy problems.

While CTRC reviews FairPlay Canada’s plans, the coalition has been seeking to drum up support for the blocking regime, encouraging a diverse range of supporters to send submissions endorsing the project. Of course, building a united front among like-minded groups is nothing out of the ordinary but a situation just uncovered by Canadian law Professor Micheal Geist, one of the most vocal opponents of the proposed scheme, is bound to raise eyebrows.

Geist discovered a submission by Brian Hutchings, who works as Vice-President, Administration at Brock University in Ontario. Dated March 22, 2018, it notes that one of the university’s most sought-after programs is Sports Management, which helps Brock’s students to become “the lifeblood” of Canada’s sport and entertainment industries.

“Our University is deeply alarmed at how piracy is eroding an industry that employs so many of our co-op students and graduates. Piracy is a serious, pervasive threat that steals creativity, undermines investment in content development and threatens the survival of an industry that is also part of our national identity,” the submission reads.

“Brock ardently supports the FairPlay Canada coalition of more than 25 organizations involved in every aspect of Canada’s film, TV, radio, sports entertainment and music industries. Specifically, we support the coalition’s request that the CRTC introduce rules that would disable access in Canada to the most egregious piracy sites, similar to measures that have been taken in the UK, France and Australia. We are committed to assist the members of the coalition and the CRTC in eliminating the theft of digital content.”

The letter leaves no doubt that Brock University as a whole stands side-by-side with Fairplay Canada but according to a subsequent submission signed by Michelle Webber, President, Brock University Faculty Association (BUFA), nothing could be further from the truth.

Noting that BUFA unanimously supports the position of the Canadian Association of University Teachers which opposes the FairPlay proposal, Webber adds that BUFA stands in opposition to the submission by Brian Hutchings on behalf of Brock University.

“Vice President Hutching’s intervention was undertaken without consultation with the wider Brock University community, including faculty, librarians, and Senate; therefore, his submission should not be seen as indicative of the views of Brock University as a whole.”

BUFA goes on to stress the importance of an open Internet to researchers and educators while raising concerns that the blocking proposals could threaten the principles of net neutrality in Canada.

While the undermining of Hutching’s position is embarrassing enough, via access to information laws Geist has also been able to reveal the chain of events that prompted the Vice-President to write a letter of support on behalf of the whole university.

It began with an email sent by former Brock professor Cheri Bradish to Mark Milliere, TSN’s Senior Vice President and General Manager, with Hutchings copied in. The idea was to connect the pair, with the suggestion that supporting the site-blocking plan would help to mitigate the threat to “future work options” for students.

What followed was a direct email from Mark Milliere to Brian Hutchings, in which the former laid out the contributions his company makes to the university, while again suggesting that support for site-blocking would be in the long-term interests of students seeking employment in the industry.

On March 23, Milliere wrote to Hutchings again, thanking him for “a terrific letter” and stating that “If you need anything from TSN, just ask.”

This isn’t the first time that Bell has asked those beholden to the company to support its site-blocking plans.

Back in February it was revealed that the company had asked its own employees to participate in the site-blocking submission process, without necessarily revealing their affiliations with the company.

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Japan ISP Says it Will Voluntarily Block Pirate Sites as Major Portal Disappears

Post Syndicated from Andy original https://torrentfreak.com/japan-isp-says-it-will-voluntarily-block-pirate-sites-as-major-portal-disappears-180424/

Speaking at a news conference during March, Japan’s Chief Cabinet Secretary Yoshihide Suga said that the government was considering measures to prohibit access to pirate sites. The country’s manga and anime industries were treasures worth protecting, Suga said.

“The damage is getting worse. We are considering the possibilities of all measures including site blocking. I would like to take countermeasures as soon as possible under the cooperation of the relevant ministries and agencies,” he added.

But with no specific legislation that allows for site-blocking, particularly not on copyright infringement grounds, it appeared that Japan might face an uphill struggle. Indeed, the country’s constitution supports freedom of speech and expressly forbids censorship. Earlier this month, however, matters quickly began to progress.

On Friday April 13, the government said it would introduce an emergency measure to target websites hosting pirated manga, anime and other types of content. It would not force ISPs to comply with its blocking requests but would simply ask for their assistance instead.

The aim was to establish cooperation in advance of an expansion of legislation later this year which was originally introduced to tackle the menace of child pornography.

“Our country’s content industry could be denied a future if manga artists and other creators are robbed of proceeds that should go to them,” said Prime Minister Shinzo Abe.

The government didn’t have to wait long for a response. The Nippon Telegraph and Telephone Corp. (NTT) announced yesterday that it will begin blocking access to sites that provide unauthorized access to copyrighted content.

“We have taken short-term emergency measures until legal systems on site-blocking are implemented,” NTT in a statement.

NTT Communications Corp., NTT Docomo Inc. and NTT Plala Inc., will block access to three sites previously identified by the government – Mangamura, AniTube! and MioMio which have a particularly large following in Japan.

NTT said that it will also restrict access to other sites if requested to do so by the government. The company added that at least in the short-term, it will prevent access to the sites using DNS blocking.

While Anitube and MioMio will be blocked in due course, Mangamura has already disappeared from the Internet. The site was reportedly attracting 100 million visits per month but on April 17 went offline following an apparent voluntary shutdown by its administrators.

AnimeNewsNetwork notes that a news program on NHK dedicated to Mangamura aired last Wednesday. A second episode will reportedly focus on the site’s administrators which NHK claims can be traced back to the United States, Ukraine, and other regions. Whether this exposé played a part in the site’s closure is unclear but that kind of publicity is rarely welcome in the piracy scene.

To date, just three sites have been named by the government as particularly problematic but it’s now promising to set up a consultation on a further response. A bill will also be submitted to parliament to target sites that promote links to content hosted elsewhere, an activity which is not illegal under current law.

Two other major access providers in Japan, KDDI Corp. and SoftBank Corp., have told local media that their plans to block pirate sites have not yet been finalized.

“The fact that neglecting the situation of infringement of copyright etc. cannot be overlooked is recognized and it is recognized as an important problem to be addressed urgently,” Softbank said in a statement.

“However, since there is concern that blocking infringes secrecy of communications, we need careful discussion. We would like to collaborate with industry organizations involved in telecommunications and consider measures that can be taken from various viewpoints, such as laws, institutions, and operation methods.”

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Registrars Suspend 11 Pirate Site Domains, 89 More in the Crosshairs

Post Syndicated from Andy original https://torrentfreak.com/registrars-suspend-11-pirate-site-domains-89-more-in-the-crosshairs-180423/

In addition to website blocking which is running rampant across dozens of countries right now, targeting the domains of pirate sites is considered to be a somewhat effective anti-piracy tool.

The vast majority of websites are found using a recognizable name so when they become inaccessible, site operators have to work quickly to get the message out to fans. That can mean losing visitors, at least in the short term, and also contributes to the rise of copy-cat sites that may not have users’ best interests at heart.

Nevertheless, crime-fighting has always been about disrupting the ability of the enemy to do business so with this in mind, authorities in India began taking advice from the UK’s Police Intellectual Property Crime Unit (PIPCU) a couple of years ago.

After studying the model developed by PIPCU, India formed its Digital Crime Unit (DCU), which follows a multi-stage plan.

Initially, pirate sites and their partners are told to cease-and-desist. Next, complaints are filed with advertisers, who are asked to stop funding site activities. Service providers and domain registrars also receive a written complaint from the DCU, asking them to suspend services to the sites in question.

Last July, the DCU earmarked around 9,000 sites where pirated content was being made available. From there, 1,300 were placed on a shortlist for targeted action. Precisely how many have been contacted thus far is unclear but authorities are now reporting success.

According to local reports, the Maharashtra government’s Digital Crime Unit has managed to have 11 pirate site domains suspended following complaints from players in the entertainment industry.

As is often the case (and to avoid them receiving even more attention) the sites in question aren’t being named but according to Brijesh Singh, special Inspector General of Police in Maharashtra, the sites had a significant number of visitors.

Their domain registrars were sent a notice under Section 149 of the Code Of Criminal Procedure, which grants police the power to take preventative action when a crime is suspected. It’s yet to be confirmed officially but it seems likely that pirate sites utilizing local registrars were targeted by the authorities.

“Responding to our notice, the domain names of all these websites, that had a collective viewership of over 80 million, were suspended,” Singh said.

Laxman Kamble, a police inspector attached to the state government’s Cyber Cell, said the pilot project was launched after the government received complaints from Viacom and Star but back in January there were reports that the MPAA had also become involved.

Using the model pioneered by London’s PIPCU, 19 parameters were applied to list of pirate sites in order to place them on the shortlist. They are reported to include the type of content being uploaded, downloaded, and the number of downloads overall.

Kamble reports that a further 89 websites, that have domains registered abroad but are very popular in India, are now being targeted. Whether overseas registrars will prove as compliant will remain to be seen. After booking initial success, even PIPCU itself experienced problems keeping up the momentum with registrars.

In 2014, information obtained by TorrentFreak following a Freedom of Information request revealed that only five out of 70 domain registrars had complied with police requests to suspend domains.

A year later, PIPCU confirmed that suspending pirate domain names was no longer a priority for them after ICANN ruled that registrars don’t have to suspend domain names without a valid court order.

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Pirate Site-Blocking? Music Biz Wants App Blocking Too

Post Syndicated from Andy original https://torrentfreak.com/pirate-site-blocking-music-biz-wants-app-blocking-too-180415/

In some way, shape or form, Internet piracy has always been carried out through some kind of application. Whether that’s a peer-to-peer client utilizing BitTorrent or eD2K, or a Usenet or FTP tool taking things back to their roots, software has always played a crucial role.

Of course, the nature of the Internet beast means that software usage is unavoidable but in recent years piracy has swung more towards the regular web browser, meaning that sites and services offering pirated content are largely easy to locate, identify and block, if authorities so choose.

As revealed this week by the MPA, thousands of platforms around the world are now targeted for blocking, with 1,800 sites and 5,300 domains blocked in Europe alone.

However, as the Kodi phenomenon has shown, web-based content doesn’t always have to be accessed via a standard web browser. Clever but potentially illegal addons and third-party apps are able to scrape web-based resources and present links to content on a wide range of devices, from mobile phones and tablets to set-top boxes.

While it’s still possible to block the resources upon which these addons rely, the scattered nature of the content makes the process much more difficult. One can’t simply block a whole platform because a few movies are illegally hosted there and even Google has found itself hosting thousands of infringing titles, a situation that’s ruthlessly exploited by addon and app developers alike.

Needless to say, the situation hasn’t gone unnoticed. The Alliance for Creativity and Entertainment has spent the last year (1,2,3) targeting many people involved in the addon and app scene, hoping they’ll take their tools and run, rather than further develop a rapidly evolving piracy ecosystem.

Over in Russia, a country that will happily block hundreds or millions of IP addresses if it suits them, the topic of infringing apps was raised this week. It happened during the International Strategic Forum on Intellectual Property, a gathering of 500 experts from more than 30 countries. There were strong calls for yet more tools and measures to deal with films and music being made available via ‘pirate’ apps.

The forum heard that in response to widespread website blocking, people behind pirate sites have begun creating applications for mobile devices to achieve the same ends – the provision of illegal content. This, key players in the music industry say, means that the law needs to be further tightened to tackle the rising threat.

“Consumption of content is now going into the mobile sector and due to this we plan to prevent mass migration of ‘pirates’ to the mobile sector,” said Leonid Agronov, general director of the National Federation of the Music Industry.

The same concerns were echoed by Alexander Blinov, CEO of Warner Music Russia. According to TASS, the powerful industry player said that while recent revenues had been positively affected by site-blocking, it’s now time to start taking more action against apps.

“I agree with all speakers that we can not stop at what has been achieved so far. The music industry has a fight against illegal content in mobile applications on the agenda,” Blinov said.

And if Blinov is to be believed, music in Russia is doing particularly well at the moment. Attributing successes to efforts by parliament, the Ministry of Communications, and copyright holders, Blinov said the local music market has doubled in the past two years.

“We are now in the top three fastest growing markets in the world, behind only China and South Korea,” Blinov said.

While some apps can work in the same manner as a basic web interface, others rely on more complex mechanisms, ‘scraping’ content from diverse sources that can be easily and readily changed if mitigation measures kick in. It will be very interesting to see how Russia deals with this threat and whether it will opt for highly technical solutions or the nuclear options demonstrated recently.

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MPA Reveals Scale of Worldwide Pirate Site Blocking

Post Syndicated from Andy original https://torrentfreak.com/mpa-reveals-scale-of-worldwide-pirate-site-blocking-180410/

Few people following the controversial topic of Internet piracy will be unaware of the site-blocking phenomenon. It’s now one of the main weapons in the entertainment industries’ arsenal and it’s affecting dozens of countries.

While general figures can be culled from the hundreds of news reports covering the issue, the manner in which blocking is handled in several regions means that updates aren’t always provided. New sites are regularly added to blocklists without fanfare, meaning that the public is kept largely in the dark.

Now, however, a submission to the Canadian Radio-television and Telecommunications Commission (CRTC) by Motion Picture Association Canada provides a more detailed overview. It was presented in support of the proposed blocking regime in Canada, so while the key figures are no doubt accurate, some of the supporting rhetoric should be viewed in context.

“Over the last decade, at least 42 countries have either adopted and implemented, or are legally obligated to adopt and implement, measures to ensure that ISPs take steps to disable access to copyright infringing websites, including throughout the European Union, the United Kingdom, Australia, and South Korea,” the submission reads.

The 42 blocking-capable countries referenced by the Hollywood group include the members of the European Union plus the following: Argentina, Australia, Iceland, India, Israel, Liechtenstein, Malaysia, Mexico, Norway, Russia, Singapore, South Korea, and Thailand.

While all countries have their own unique sets of legislation, countries within the EU are covered by the requirements of Article 8.3 of the INFOSEC Directive which provides that; “Member States shall ensure that rightholders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related right.”

That doesn’t mean that all countries are actively blocking, however. While Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Poland, Romania, Slovakia, and Slovenia have the legal basis to block infringing sites, none have yet done so.

In a significant number of other EU countries, however, blocking activity is prolific.

“To date, in at least 17 European countries, over 1,800 infringing sites and over 5,300 domains utilized by such sites have been blocked, including in the following four countries where the positive impact of site-blocking over time has been demonstrated,” MPA Canada notes.

Major blocking nations in the EU

At this point, it’s worth pointing out that authority to block sites is currently being obtained in two key ways, either through the courts or via an administrative process.

In the examples above, the UK and Denmark are dealt with via the former, with Italy and Portugal handled via the latter. At least as far as the volume of sites is concerned, court processes – which can be expensive – tend to yield lower site blocking levels than those carried out through an administrative process. Indeed, the MPAA has praised Portugal’s super-streamlined efforts as something to aspire to.

Outside Europe, the same two processes are also in use. For example, Australia, Argentina, and Singapore utilize the judicial route while South Korea, Mexico, Malaysia and Indonesia have opted for administrative remedies.

“Across 10 of these countries, over 1,100 infringing sites and over 1,500 domains utilized by such sites have been blocked,” MPA Canada reveals.

To date, South Korea has blocked 460 sites and 547 domains, while Australia has blocked 91 sites and 355 domains. In the case of the latter, “research has confirmed the increasingly positive impact that site-blocking has, as a greater number of sites are blocked over time,” the Hollywood group notes.

Although by no means comprehensive, MPA Canada lists the following “Notorious Sites” as subject to blocking in multiple countries via both judicial and administrative means. Most will be familiar, with the truly notorious The Pirate Bay heading the pile. Several no longer exist in their original form but in many cases, clones are blocked as if they still represent the original target.


The methods used to block the sites vary from country to country, dependent on what courts deem fit and in consideration of ISPs’ technical capabilities. Three main tools are in use including DNS blocking, IP address blocking, and URL blocking, which can also include Deep Packet Inspection.

The MPA submission (pdf) is strongly in favor of adding Canada to the list of site-blocking countries detailed above. The Hollywood group believes that the measures are both effective and proportionate, citing reduced usage of blocked sites, reduced traffic to pirate sites in general, and increased visits to legitimate platforms.

“There is every reason to believe that the website blocking measures [presented to the CRTC] will lead to the same beneficial results in Canada,” MPA Canada states.

While plenty of content creators and distributors are in favor of proposals, all signs suggest they will have a battle on their hands, with even some ISPs coming out in opposition.

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Japan Seeks to Outmaneuver Constitution With Piracy Blocking Proposals

Post Syndicated from Andy original https://torrentfreak.com/japan-seeks-to-outmaneuver-constitution-with-piracy-blocking-proposals-180406/

Speaking at a news conference last month, Japan’s Chief Cabinet Secretary Yoshihide Suga said that the Japanese government is considering measures to prohibit access to pirate sites, initially to protect the country’s manga and anime industries.

“The damage is getting worse. We are considering the possibilities of all measures including site blocking,” he said.

But Japan has a problem.

The country has no specific legislation that allows for site-blocking of any kind, let alone on copyright infringement grounds. In fact, the constitution expressly supports freedom of speech and expressly forbids censorship.

“Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed,” Article 21 reads.

“No censorship shall be maintained, nor shall the secrecy of any means of communication be violated,” the constitution adds.

Nevertheless, the government appears determined to do something about the piracy threat. As detailed last month, that looks like manifesting itself in a site-blocking regime. But how will this be achieved?

Mainichi reports that the government will argue there are grounds for “averting present danger”, a phrase that’s detailed in Article 37 of Japan’s Penal Code.

“An act unavoidably performed to avert a present danger to the life, body, liberty
or property of oneself or any other person is not punishable only when the harm
produced by such act does not exceed the harm to be averted,” the Article (pdf) begins.

It’s fairly clear that this branch of Japanese law was never designed for use against pirate sites. Furthermore, there is also a clause noting that where an act (in this case blocking) causes excessive harm it may lead “to the punishment being reduced or may exculpate the offender in light of the circumstances.”

How, when, or if that ever comes into play will remain to be seen but in common with most legal processes against pirate site operators elsewhere, few turn up to argue in their defense. A contested process is therefore unlikely.

It appears that rather than forcing Internet providers into compliance, the government will ask for their “understanding” on the basis that damage is being done to the anime and manga industries. ISPs reportedly already cooperate to censor child abuse sites so it’s hoped a similar agreement can be reached on piracy.

Initially, the blocking requests will relate to just three as-yet-unnamed platforms, one local and two based outside the country. Of course, this is just the tip of the iceberg and if ISPs agree to block this trio, more demands are sure to follow.

Meanwhile, the government is also working towards tightening up the law to deal with an estimated 200 local sites that link, but do not host pirated content. Under current legislation, linking isn’t considered illegal, which is a major problem given the manner in which most file-sharing and streaming is carried out these days.

However, there are also concerns that any amendments to tackle linking could fall foul of the constitutional right to freedom of expression. It’s a problem that has been tackled elsewhere, notably in Europe, but in most cases the latter has been trumped by the former. In any event, the government will need to tread carefully.

The proposals are expected to be formally approved at a Cabinet meeting on crime prevention policy later this month, Mainichi reports.

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Fox Networks Obtains Piracy Blocking Injunction Against Rojadirecta

Post Syndicated from Andy original https://torrentfreak.com/fox-networks-obtains-piracy-blocking-injunction-against-rojadirecta-180405/

Twelve years ago this October, a court in Denmark ordered a local ISP to begin blocking unlicensed Russian music site AllofMP3. It was a landmark moment that opened the floodgates.

Although most countries took a few years to follow, blocking is now commonplace across Europe and if industry lobbyists have their way, it will soon head to North America. Meanwhile, other regions are getting their efforts underway, with Uruguay the latest country to reserve a place on the list.

The news comes via Fox Sports Latin America, which expressed satisfaction this week that a court in the country had handed down an interim injunction against local ISPs which compels them to block access to streaming portal Rojadirecta.

Despite a focus on Spanish speaking regions, Rojadirecta is one of the best known and longest-standing unauthorized sports in the world. Offering links to live streams of most spectator sports, Rojadirecta has gained a loyal and international following.

This has resulted in a number of lawsuits and legal challenges in multiple regions, the latest being a criminal copyright infringement complaint by Fox Sports Latin America. As usual, the company is annoyed that its content is being made available online without the proper authorization.

“This exemplary ruling marks the beginning of judicial awareness on online piracy issues,” said Daniel Steinmetz, Chief Anti-Piracy Officer of Fox Networks Group Latin America.

“FNG Latin America works constantly to combat the illegal use of content on different fronts and with great satisfaction we have found in Uruguay an important ally in the fight against this scourge. We are on our way to ending the impunity of these illegal content relay sites.”

Fox Sports says that with this pioneering action, Uruguay is now at the forefront of the campaign to tackle piracy currently running rampant across South America.

According to a NetNames report, there are 222 million Internet users in the region, of which 110 million access pirated content. This translates to 1,377 million TV hours per year but it’s hoped that additional action in other countries will help to stem the rising tide.

“We have already presented actions in other countries in the region where we will seek to replicate what we have obtained in Uruguay,” Fox said in a statement.

Local reports indicate that Internet providers have not yet taken action to block RojaDirecta but it’s expected they will do so in the near future.

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GoDaddy Ordered to Suspend Four Music Piracy Domains

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

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

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

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

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

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

MP3 Juices Downnload Free

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

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

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

Indecopi HQ

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

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

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

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

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

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Russia Blocked 8,000 Pirate Sites in 2017, “Visits to Cinemas Up 11%”

Post Syndicated from Andy original https://torrentfreak.com/russia-blocked-8000-pirate-sites-in-2017-visits-to-cinemas-up-11-180325/

Blocking sites is one of the most popular anti-piracy mechanisms of recent times. The practice is now commonplace in the UK, Europe, and Australia and, if entertainment industry groups get their way, it’ll soon be installed in Canada too.

While most regions with blocking legislation carry out their work with enthusiasm, perhaps surprisingly it’s Russia setting the standards. With almost constant amendments to copyright law, the country is able to block pirate sites, mirrors, and proxies in a very short timeframe indeed. And it has been doing so, in huge numbers.

According to data shared with Izvestia by local telecoms watchdog Rozcomnadzor, in 2017 Russia blocked a staggering 8,000 pirate sites, more than any other country on the planet. In a clear sign of the way things are going, that figure represents a four-fold increase over the 2,000 sites that were blocked on copyright grounds in 2016.

While blocks can be authorized for infringement of copyright on everything from music to software and from books to TV shows, it is the movie industry leading the way in volume terms. In 65% of cases of site-blocking in 2017, the requests came from companies involved in the production and distribution of films.

Sheer volume aside, there’s nothing really surprising about the site-blocking movement in Russia. However, it differs from most other regions when it comes to assessing its usefulness.

Groups in many other countries have claimed that site-blocking is effective in reducing visits to pirate sites and even reducing piracy itself, but the majority steer clear of claiming that it actually does anything to increase sales. Not so Russia.

According to data from Russia’s Cinema Foundation cited by Rozcomnadzor alongside site-blocking statistics, last year “the aggregate box office of the national film distribution” grew by 10.9% amounting to 53.6 billion rubles [US$927.3m], up from 48.4 billion rubles [US$837.3m] in 2016.

In addition, the telecoms regulator said that cinema attendance across the country had increased by 11.4% over the previous year.

A court process is required to block infringing sites that fail to cooperate when rightsholders ask for content to be taken down. Those that push the boundaries by refusing to remove content on multiple occasions can find themselves blocked on a permanent basis.

In 2017, a total of 530 sites were added to Russia’s permanent blacklist, up from ‘just’ 107 sites in 2017. In addition, 459 pirate site “mirrors” were blocked by ISPs with no hope of reprieve. Following changes to the law last October, permanently blocked sites are also removed from search engine results.

But while the current system presents no significant obstacles to having many thousands of sites blocked during the course of a year, Russian authorities want more anti-piracy tools in their arsenal. New proposals would see pirate sites blocked without the need for any court process at all.

It’s already possible to have mirror sites blocked without a separate process but if the Ministry of Culture has its way, copyright complaints issued to hosting services and sites that go completely unanswered without deletion of content could suffer the same fate.

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Japan Becomes Latest Country to Consider Pirate Site Blocking

Post Syndicated from Andy original https://torrentfreak.com/japan-becomes-latest-country-to-consider-pirate-site-blocking-180324/

When attempting to deal with the flood of pirate content on the Internet, companies have many options at their disposal.

One of the most controversial is site-blocking, but despite its unpopularity with consumers, dozens of countries around the world are now involved in the practice. Quite regularly new countries consider getting involved, Canada for example. The latest new addition is Japan.

Speaking at a news conference, Chief Cabinet Secretary Yoshihide Suga said that the Japanese government is considering taking measures to prohibit access to pirate sites, largely to protect the country’s manga and anime industries.

“The damage is getting worse. We are considering the possibilities of all measures including site blocking,” he said.

“Manga and anime are important types of content that represent the ‘Cool Japan’ initiative. I would like to take countermeasures as soon as possible under the cooperation of the relevant ministries and agencies.”

Cool Japan is a campaign to promote Japan, its culture, products and businesses both at home and overseas, in order to generate interest in the country while boosting investment and tourism.

Outline of the Cool Japan initiative

According to a lawyer cited by the Sankei news outlet, piracy in Japan is largely facilitated by roughly two kinds of sites – hosting and linking.

While the former can be anywhere but can be dealt with locally, Japan has an estimated 200 sites that link to pirated content. Their legal status doesn’t appear to be as clear as many would like.

“In the conventional theory the link itself is not illegal,” the lawyer notes. “There is no legal basis to declare the act of facilitating piracy of other sites as ‘illegal’. Without a [linking] site, many users can not reach pirated versions, [so the government] needs to define malicious [linking] sites properly and regulate them.”

It appears that like many nations, Japan doesn’t view piracy as a predominantly domestic issue, at least on the supply front. In common with the UK, Australia and many other ‘blocking’ nations, it sees the problem as being fueled by overseas actors over which it has limited control. Site-blocking locally, therefore, could stop the problem at the borders.

Whether any plan will be any more effective than the programs elsewhere will remain to be seen but since the Japanese hold both anime and manga close to their hearts, the debate is bound to get emotional.

“As long as the normal business model of content is undermined, the number of people trying to become new professional creators will decrease, and if you are an animator, know-how such as drawing, editing and reviewing may be lost. There is a danger that you will be unable to read interesting cartoons in future, as the biggest victim of piracy is actually the reader himself,” the lawyer concludes.

This past week saw perhaps the single wildest display of copyright infringement ever directed at Japanese culture by those in authority. Local governments across South America defied the Japanese government by airing the latest episode of Dragon Ball Super in public places to tens of thousands of people, all without obtaining the necessary licensing.

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Google Should Begin Delisting Pirate Sites, Aussie Rightsholders Say

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Foxtel believes that Australia needs something similar.

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

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

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Australian Government Launches Pirate Site-Blocking Review

Post Syndicated from Andy original https://torrentfreak.com/australian-government-launches-pirate-site-blocking-review-180214/

Following intense pressure from entertainment industry groups, in 2014 Australia began developing legislation which would allow ‘pirate’ sites to be blocked at the ISP level.

In March 2015 the Copyright Amendment (Online Infringement) Bill 2015 (pdf) was introduced to parliament and after just three months of consideration, the Australian Senate passed the legislation into law.

Soon after, copyright holders began preparing their first cases and in December 2016, the Australian Federal Court ordered dozens of local Internet service providers to block The Pirate Bay, Torrentz, TorrentHound, IsoHunt, SolarMovie, plus many proxy and mirror services.

Since then, more processes have been launched establishing site-blocking as a permanent fixture on the Aussie anti-piracy agenda. But with yet more applications for injunction looming on the horizon, how is the mechanism performing and does anything else need to be done to improve or amend it?

Those are the questions now being asked by the responsible department of the Australian Government via a consultation titled Review of Copyright Online Infringement Amendment. The review should’ve been carried out 18 months after the law’s introduction in 2015 but the department says that it delayed the consultation to let more evidence emerge.

“The Department of Communications and the Arts is seeking views from stakeholders on the questions put forward in this paper. The Department welcomes single, consolidated submissions from organizations or parties, capturing all views on the Copyright Amendment (Online Infringement) Act 2015 (Online Infringement Amendment),” the consultation paper begins.

The three key questions for response are as follows:

– How effective and efficient is the mechanism introduced by the Online Infringement Amendment?

– Is the application process working well for parties and are injunctions operating well, once granted?

– Are any amendments required to improve the operation of the Online Infringement Amendment?

Given the tendency for copyright holders to continuously demand more bang for their buck, it will perhaps come as a surprise that at least for now there is a level of consensus that the system is working as planned.

“Case law and survey data suggests the Online Infringement Amendment has enabled copyright owners to work with [Internet service providers] to reduce large-scale online copyright infringement. So far, it appears that copyright owners and [ISPs] find the current arrangement acceptable, clear and effective,” the paper reads.

Thus far under the legislation there have been four applications for injunctions through the Federal Court, notably against leading torrent indexes and browser-based streaming sites, which were both granted.

The other two processes, which began separately but will be heard together, at least in part, involve the recent trend of set-top box based streaming.

Village Roadshow, Disney, Universal, Warner Bros, Twentieth Century Fox, and Paramount are currently presenting their case to the Federal Court. Along with Hong Kong-based broadcaster Television Broadcasts Limited (TVB), which has a separate application, the companies have been told to put together quality evidence for an April 2018 hearing.

With these applications already in the pipeline, yet more are on the horizon. The paper notes that more applications are expected to reach the Federal Court shortly, with the Department of Communications monitoring to assess whether current arrangements are refined as additional applications are filed.

Thus far, however, steady progress appears to have been made. The paper cites various precedents established as a result of the blocking process including the use of landing pages to inform Internet users why sites are blocked and who is paying.

“Either a copyright owner or [ISP] can establish a landing page. If an [ISP] wishes to avoid the cost of its own landing page, it can redirect customers to one that the copyright owner would provide. Another precedent allocates responsibility for compliance costs. Cases to date have required copyright owners to pay all or a significant proportion of compliance costs,” the paper notes.

But perhaps the issue of most importance is whether site-blocking as a whole has had any effect on the levels of copyright infringement in Australia.

The Government says that research carried out by Kantar shows that downloading “fell slightly from 2015 to 2017” with a 5-10% decrease in individuals consuming unlicensed content across movies, music and television. It’s worth noting, however, that Netflix didn’t arrive on Australian shores until May 2015, just a month before the new legislation was passed.

Research commissioned by the Department of Communications and published a year later in 2016 (pdf) found that improved availability of legal streaming alternatives was the main contributor to falling infringement rates. In a juicy twist, the report also revealed that Aussie pirates were the entertainment industries’ best customers.

“The Department is aware that other factors — such as the increasing availability of television, music and film streaming services and of subscription gaming services — may also contribute to falling levels of copyright infringement,” the paper notes.

Submissions to the consultation (pdf) are invited by 5.00 pm AEST on Friday 16 March 2018 via the government’s website.

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T-Mobile Blocks Pirate Sites Then Reports Itself For Possible Net Neutrality Violation

Post Syndicated from Andy original https://torrentfreak.com/t-mobile-blocks-pirate-sites-then-reports-itself-for-possible-net-neutrality-violation-180130/

For the past eight years, Austria has been struggling with the thorny issue of pirate site blocking. Local ISPs have put up quite a fight but site blocking is now a reality, albeit with a certain amount of confusion.

After a dizzying route through the legal system, last November the Supreme Court finally ruled that The Pirate Bay and other “structurally-infringing” sites including 1337x.to and isohunt.to can be blocked, if rightsholders have exhausted all other options.

The Court based its decision on the now-familiar BREIN v Filmspeler and BREIN v Ziggo and XS4All cases that received European Court of Justice rulings last year. However, there is now an additional complication, this time on the net neutrality front.

After being passed in October 2015 and coming into force in April 2016, the Telecom Single Market (TSM) Regulation established the principle of non-discriminatory traffic management in the EU. The regulation still allows for the blocking of copyright-infringing websites but only where supported by a clear administrative or judicial decision. This is where T-Mobile sees a problem.

In addition to blocking sites named specifically by the court, copyright holders also expect the ISP to block related platforms, such as clones and mirrors, that aren’t specified in the same manner.

So, last week, after blocking several obscure Pirate Bay clones such as proxydl.cf, the ISP reported itself to the Austrian Regulatory Authority for Broadcasting and Telecommunications (RTR) for a potential net neutrality breach.

“It sounds paradoxical, but this should finally bring legal certainty in a long-standing dispute over pirate sites. T-Mobile Austria has filed with regulatory authority RTR a kind of self-report, after blocking several sites on the basis of a warning by rights holders,” T-Mobile said in a statement.

“The background to the communication to the RTR, through which T-Mobile intends to obtain an assessment by the regulator, is a very unsatisfactory legal situation in which operators have no opportunity to behave in conformity with the law.

“The service provider is forced upon notification by the copyright owner to even judge about possible copyright infringements. At the same time, the provider is violating the principle of net neutrality by setting up a ban.”

T-Mobile says the problem is complicated by rightsholders who, after obtaining a blocking order forcing named ISPs to block named pirate sites (as required under EU law), send similar demands to other ISPs that were not party to court proceedings. The rightsholders also send blocking demands when blocked sites disappear and reappear under a new name, despite those new names not being part of the original order.

According to industry body Internet Service Providers Austria (ISPA), there is a real need for clarification. It’s hoped that T-Mobile reporting itself for a potential net neutrality breach will have the desired effect.

“For more than two years, we have been trying to find a solution with the involved interest groups and the responsible ministry, which on the one hand protects the rights of the artists and on the other hand does not force the providers into the role of a judge,” complains Maximilian Schubert, Secretary General of the ISPA.

“The willingness of the rights holders to compromise had remained within manageable limits. Now they are massively increasing the pressure and demanding costly measures, which the service providers see as punishment for them providing legal security for their customers for many years.”

ISPA hopes that the telecoms regulator will now help to clear up this uncertainty.

“We now hope that the regulator will give a clear answer here. Because from our point of view, the assessment of legality cannot and should not be outsourced to companies,” Schubert concludes.

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Hollywood Says Only Site-Blocking Left to Beat Piracy in New Zealand

Post Syndicated from Andy original https://torrentfreak.com/hollywood-says-only-site-blocking-left-to-beat-piracy-in-new-zealand-180123/

The Motion Picture Distributors’ Association (MPDA) is a non-profit organisation which represents major international film studios in New Zealand.

With companies including Fox, Sony, Paramount, Roadshow, Disney, and Universal on the books, the MPDA sings from the same sheet as the MPAA and MPA. It also hopes to achieve in New Zealand what its counterparts have achieved in Europe and Australia but cannot on home soil – mass pirate site blocking.

In a release heralding the New Zealand screen industry’s annual contribution of around NZ$1.05 billion to GDP and NZ$706 million to exports, MPDA Managing Director Matthew Cheetham says that despite the successes, serious challenges lie ahead.

“When we have the illegal file sharing site the Pirate Bay as New Zealand’s 19th most popular site in New Zealand, it is clear that legitimate movie and TV distribution channels face challenges,” Cheetham says.

MPDA members in New Zealand

In common with movie bosses in many regions, Cheetham is hoping that the legal system will rise to the challenge and assist distributors to tackle the piracy problem. In New Zealand, that might yet require a change in the law but given recent changes in Australia, that doesn’t seem like a distant proposition.

Last December, the New Zealand government announced an overhaul of the country’s copyright laws. A review of the Copyright Act 1994 was announced by the previous government and is now scheduled to go ahead this year. The government has already indicated a willingness to consider amendments to the Act in order to meet the objectives of New Zealand’s copyright regime.

“In New Zealand, piracy is almost an accepted thing, because no one’s really doing anything about it, because no one actually can do anything about it,” Cheetham said last month.

It’s quite unusual for Hollywood’s representatives to say nothing can be done about piracy. However, there was a small ray of hope this morning when Cheetham said that there is actually one option left.

“There’s nothing we can do in New Zealand apart from site blocking,” Cheetham said.

So, as the MPDA appears to pin its hopes on legislative change, other players in the entertainment industry are testing the legal system as it stands today.

Last September, Sky TV began a pioneering ‘pirate’ site-blocking challenge in the New Zealand High Court, applying for an injunction against several local ISPs to prevent their subscribers from accessing several pirate sites.

The boss of Vocus, one of the ISP groups targeted, responded angrily, describing Sky’s efforts as “dinosaur behavior” and something one would expect in North Korea, not in New Zealand.

“It isn’t our job to police the Internet and it sure as hell isn’t SKY’s either, all sites should be equal and open,” General Manager Taryn Hamilton said.

The response from ISPs suggests that even when the matter of site-blocking is discussed as part of the Copyright Act review, introducing specific legislation may not be smooth sailing. In that respect, all eyes will turn to the Sky process, to see if some precedent can be set there.

Finally, another familiar problem continues to raise its head down under. So-called “Kodi boxes” – the now generic phrase often used to describe set-top devices configured for piracy – are also on the content industries’ radar.

There are a couple of cases still pending against sellers, including one in which a budding entrepreneur sent out marketing letters claiming that his service was better than Sky’s offering. For seller Krish Reddy, this didn’t turn out well as the company responded with a NZ$1m lawsuit.

Generally, however, both content industries and consumers are having a good time in New Zealand but the MPDA’s Cheetham says that taking on pirates is never easy.

“It’s been called the golden age of television and a lot of premium movies have been released in the last 12 or 18 months. Content providers and distributors have really upped their game in the last five or 10 years to meet what people want but it’s very difficult to compete with free,” Cheetham concludes.

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Canadian Government Triggers Major Copyright Review

Post Syndicated from Andy original https://torrentfreak.com/canadian-government-triggers-major-copyright-review-171214/

The Copyright Act of Canada was first passed in 1921 and in the decades that followed has undergone considerable amendment.

Between 2005 and 2010, several bills failed to gain traction due to opposition but in 2011 the Copyright Modernization Act was tabled. A year later, in the summer of 2012, it was passed into law.

The Act tackles a number of important issues, such as allowing time and format shifting, plus backup copies, as long as DRM isn’t circumvented along the way. So-called ‘fair dealing’ also enjoys expansion while statutory damages for non-commercial scale infringement are capped at CAD$5000 per proceeding. Along with these changes sits the “notice-and-notice” regime, in which ISPs forward infringement notices to subscribers on behalf of copyright holders.

The Act also mandates a review of copyright law every five years, a period that expired at the end of June 2017. Yesterday a House of Commons motion triggered the required parliamentary review, which will be carried out by the Standing Committee on Industry, Science and Technology. It didn’t take long for the music industry to make its position known.

Music Canada, whose key members are Sony Music, Universal Music and Warner Music, enthusiastically welcomed the joint announcement from the Minister of Innovation, Science and Economic Development and the Minister of Canadian Heritage.

“I applaud Minister Bains and Minister Joly for initiating this review of the Copyright Act,” said Graham Henderson, President and CEO of Music Canada.

“Music creators, and all creators who depend on copyright, deserve a Copyright Act that protects their rights when their works are commercialized by others. This is our chance to address the Value Gap threatening the livelihood of Canadian creators and the future of Canadian culture.”

That the so-called “Value Gap” has been immediately thrown on the table comes as no surprise. The term, which loosely refers to the way user-generated platforms like YouTube are able to avoid liability for infringing content while generating revenue from it, is a hot topic around the world at the moment.

In the US and Europe, for example, greater emphasis is being placed on YouTube’s position than on piracy itself, with record labels claiming that the platform gains an unfair advantage in licensing negotiations, something which leads to a “gap” between what is paid for music, and what it’s actually worth.

But the recording labels are unlikely to get an easy ride. As pointed out in a summary by Canadian law professor Michael Geist, the notice-and-takedown rules that facilitate the “Value Gap” are not even part of Canadian law and even without them, the labels have done just fine.

“The industry has enjoyed remarkable success since 2012, growing far faster [than] the world average and passing Australia as the world’s 6th largest music market,” Geist writes.

“The growth has come largely through Internet streaming revenues, which now generate tens of millions of dollars every year for creators, publishers, and the broader industry. The industry is also likely to continue to lobby for copyright term extension, as foreshadowed by a lobbying blitz just last month in Ottawa.”

As reported in September, telecoms companies and the entertainment industries are pressing for website blockades, without intervention from the courts. The upcoming copyright review will provide additional opportunity to push that message home.

“Bell admits that copyright reform is not needed for site blocking, but the link to the Copyright Act ensures that the issue will be a prominent part of its lobbying campaign,” Geist notes.

“The reality is that Canada is already home to some of the toughest anti-piracy laws in the world with many legislative tools readily available for rights holders and some of the largest damages provisions found anywhere in the world.”

But for copyright holders, a review also has the potential to swing things the other way.

The previously mentioned notice-and-notice regime, for example, was put in place as an alternative to more restrictive schemes elsewhere. However, it was quickly abused by copyright trolls seeking cash settlements from alleged pirates. It’s certainly possible for that particular loophole to be closed or at least addressed as part of a comprehensive review.

In any event, the review is likely to prove spirited, with interested parties on all sides trying to carve out a smooth path for their interests under the next five years of copyright law.

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

Sky’s Pirate Site-Blocking Move is Something For North Korea, ISPs Say

Post Syndicated from Andy original https://torrentfreak.com/skys-pirate-site-blocking-move-is-something-for-north-korea-isps-say-171129/

Entertainment companies have been taking legal action to have pirate sites blocked for more than a decade so it was only a matter of time before New Zealand had a taste of the action.

It’s now been revealed that Sky Network Television, the country’s biggest pay-TV service, filed a complaint with the High Court in September, demanding that four local Internet service providers block subscriber access to several ‘pirate’ sites.

At this point, the sites haven’t been named, but it seems almost inevitable that the likes of The Pirate Bay will be present. The ISPs are known, however. Spark, Vodafone, Vocus and Two Degrees control around 90% of the Kiwi market so any injunction handed down will affect almost the entire country.

In its application, Sky states that pirate sites make available unauthorized copies of its entertainment works, something which not only infringes its copyrights but also undermines its business model. But while this is standard fare in such complaints, the Internet industry backlash today is something out of the ordinary.

ISPs in other jurisdictions have fought back against blocking efforts but few have deployed the kind of language being heard in New Zealand this morning.

Vocus Group – which runs the Orcon, Slingshot and Flip brands – is labeling Sky’s efforts as “gross censorship and a breach of net neutrality”, adding that they’re in direct opposition to the idea of a free and open Internet.

“SKY’s call that sites be blacklisted on their say so is dinosaur behavior, something you would expect in North Korea, not in New Zealand. It isn’t our job to police the Internet and it sure as hell isn’t SKY’s either, all sites should be equal and open,” says Vocus Consumer General Manager Taryn Hamilton.

But in response, Sky said Vocus “has got it wrong”, highlighting that site-blocking is now common practice in places such as Australia and the UK.

“Pirate sites like Pirate Bay make no contribution to the development of content, but rather just steal it. Over 40 countries around the world have put in place laws to block such sites, and we’re just looking to do the same,” the company said.

The broadcaster says it will only go to court to have dedicated pirate sites blocked, ones that “pay nothing to the creators” while stealing content for their own gain.

“We’re doing this because illegal streaming and content piracy is a major threat to the entertainment, creative and sporting industries in New Zealand and abroad. With piracy, not only is the sport and entertainment content that we love at risk, but so are the livelihoods of the thousands of people employed by these industries,” the company said.

“Illegally sharing or viewing content impacts a vast number of people and jobs including athletes, actors, artists, production crew, customer service representatives, event planners, caterers and many, many more.”

ISP Spark, which is also being targeted by Sky, was less visibly outraged than some of its competitors. However, the company still feels that controlling what people can see on the Internet is a slippery slope.

“We have some sympathy for this given we invest tens of millions of dollars into content ourselves through Lightbox. However, we don’t think it should be the role of ISPs to become the ‘police of the internet’ on behalf of other parties,” a Spark spokesperson said.

Perhaps unsurprisingly, Sky’s blocking efforts haven’t been well received by InternetNZ, the non-profit organization which protects and promotes Internet use in New Zealand.

Describing the company’s application for an injunction as an “extreme step”, InternetNZ Chief Executive Jordan Carter said that site-blocking works against the “very nature” of the Internet and is a measure that’s unlikely to achieve its goals.

“Site blocking is very easily evaded by people with the right skills or tools. Those who are deliberate pirates will be able to get around site blocking without difficulty,” Carter said.

“If blocking is ordered, it risks driving content piracy further underground, with the help of easily-deployed and common Internet tools. This could well end up making the issues that Sky are facing even harder to police in the future.”

What most of the ISPs and InternetNZ are also agreed on is the need to fight piracy with competitive, attractive legal offerings. Vocus says that local interest in The Pirate Bay has halved since Netflix launched in New Zealand, with traffic to the torrent site sitting at just 23% of its peak 2013 levels.

“The success of Netflix, iTunes and Spotify proves that people are willing to pay to access good-quality content. It’s pretty clear that SKY doesn’t understand the internet, and is trying a Hail Mary to turnaround its sunset business,” Vocus Consumer General Manager Taryn Hamilton said.

The big question now is whether the High Court has the ability to order these kinds of blocks. InternetNZ has its doubts, noting that it should only happen following a parliamentary mandate.

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

Google Wipes 786 Pirate Sites From Search Results

Post Syndicated from Andy original https://torrentfreak.com/google-wipes-786-pirate-sites-from-search-results-171121/

Late July, President Vladimir Putin signed a new law which requires local telecoms watchdog Rozcomnadzor to maintain a list of banned domains while identifying sites, services, and software that provide access to them.

Rozcomnadzor is required to contact the operators of such services with a request for them to block banned resources. If they do not, then they themselves will become blocked. In addition, search engines are also required to remove blocked resources from their search results, in order to discourage people from accessing them.

Removing entire domains from search results is a controversial practice and something which search providers have long protested against. They argue that it’s not their job to act as censors and in any event, content remains online, whether it’s indexed by search or not.

Nevertheless, on October 1 the new law (“On Information, Information Technologies and Information Protection”) came into effect and it appears that Russia’s major search engines have been very busy in its wake.

According to a report from Rozcomnadzor, search providers Google, Yandex, Mail.ru, Rambler, and Sputnik have stopped presenting information in results for sites that have been permanently blocked by ISPs following a decision by the Moscow City Court.

“To date, search engines have stopped access to 786 pirate sites listed in the register of Internet resources which contain content distributed in violation of intellectual property rights,” the watchdog reports.

The domains aren’t being named by Rozcomnadzor or the search engines but are almost definitely those sites that have had complaints filed against them at the City Court on multiple occasions but have failed to take remedial action. Also included will be mirror and proxy sites which either replicate or facilitate access to these blocked and apparently defiant domains.

The news comes in the wake of reports earlier this month that Russia is considering a rapid site blocking mechanism that could see domains rendered inaccessible within 24 hours, without any parties having to attend a court hearing.

While it’s now extremely clear that Russia has one of the most aggressive site-blocking regimes in the world, with both ISPs and search engines required to prevent access to infringing sites, it’s uncertain whether these measures will be enough to tackle rampant online piracy.

New research published in October by Group-IB revealed that despite thousands of domains being blocked, last year the market for pirate video in Russia more than doubled.

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

Aussie ‘Pirate’ Blocking Efforts Switch to Premium IPTV

Post Syndicated from Andy original https://torrentfreak.com/aussie-pirate-blocking-efforts-switch-to-premium-iptv-171106/

Website blocking has become one of the leading anti-piracy mechanisms in recent years and is particularly prevalent across Europe, where thousands of sites are now off-limits by regular means.

More recently the practice spread to Australia, where movie and music industry bodies have filed several applications at the Federal Court. This has rendered dozens of major torrent and streaming inaccessible in the region, after local ISPs complied with orders compelling them to prevent subscriber access.

While such blocking is now commonplace, Village Roadshow and a coalition of movie studios have now switched tack, targeting an operation offering subscription-based IPTV services.

The action targets HDSubs+, a fairly well-known service that provides hundreds of otherwise premium live channels, movies, and sports for a relatively small monthly fee, at least versus the real deal.

A small selection of channels in the HDSubs+ package

ComputerWorld reports that the application for the injunction was filed last month. In common with earlier requests, it targets Australia’s largest ISPs including Telstra, Optus, TPG, and Vocus, plus the subsidiaries.

Access to HDSubs.com appears to be limited, possibly by the platform’s operators, so that visitors from desktop machines are redirected back to Google. However, access to the platform is available by other means and that reveals a fairly pricey IPTV offering.

As seen in the image below, the top package (HD Subs+), which includes all the TV anyone could need plus movies and TV shows on demand, weighs in at US$239.99 per year, around double the price of similar packages available elsewhere.

Broad selection of channels but quite pricey

If the court chooses to grant the injunction, ISPs will not only have to block the service’s main domain (HDSubs.com) but also a range of others which provide the infrastructure for the platform.

Unlike torrent and streaming sites which tend to be in one place (if we discount proxies and mirrors), IPTV services like HD Subs often rely on a number of domains to provide a sales platform, EPG (electronic program guide), software (such as an Android app), updates, and sundry other services.

As per CW, in the HD Subs case they are: ois001wfr.update-apk.com, ois005yfs.update-apk.com, ois003slp.update-apk.com, update002zmt.hiddeniptv.com, apk.hiddeniptv.com, crossepg003uix.hiddeniptv.com, crossepg002gwj.hiddeniptv.com, mpbs001utb.hiddeniptv.com, soft001rqv.update-apk.com and hdsubs.com.

This switch in tactics by Village Roadshow and the other studios involved is subtle but significant. While torrent and streaming sites provide a largely free but fragmented experience, premium IPTV services are direct commercial competitors, often providing a more comprehensive range of channels and services than the broadcasters themselves.

While quality may not always be comparable with their licensed counterparts, presentation is often first class, giving the impression of an official product which is comfortably accessed via a living room TV. This is clearly a concern to commercial broadcasters.

As reported last week, global IPTV traffic is both huge and growing, so expect more of these requests Down Under.

Previous efforts to block IPTV services include those in the UK, where the Premier League takes targeted action against providers who provide live soccer. These measures only target live streams when matches are underway and as far as we’re aware, there are no broader measures in place against any provider.

This could mean that the action in Australia, to permanently block a provider in its entirety, is the first of its kind anywhere.

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