Tag Archives: site blocking

Fairplay Canada Discredits “Pro-Piracy” TorrentFreak News, Then Cites Us

Post Syndicated from Ernesto original https://torrentfreak.com/fairplay-canada-discredits-pro-piracy-torrentfreak-news-then-cites-us-180520/

At TorrentFreak we do our best to keep readers updated on the latest copyright and piracy news, highlighting issues from different points of view.

We report on the opinions and efforts of copyright holders when it comes to online piracy and we also make room for those who oppose them. That’s how balanced reporting works in our view.

There is probably no site on the Internet who reports on the negative consequences of piracy as much as we do, but for some reason, the term “pro-piracy” is sometimes attached to our reporting. This also happened in the recent reply Fairplay Canada sent to the CRTC.

The coalition of media companies and ISPs is trying to get a pirate site blocking regime implemented in Canada. As part of this effort, it’s countering numerous responses from the public, including one from law professor Michael Geist.

In his submission, Geist pointed out that the Mexican Supreme Court ruled that site blocking is disproportional, referring to our article on the matter. This article was entirely correct at the time it was written, but it appears that the Court later clarified its stance.

Instead of pointing that out to us, or perhaps Geist, Fairplay frames it in a different light.

“Professor Geist dismisses Mexico because, relying on a third party source (the pro-piracy news site TorrentFreak), he believes its Supreme Court has ruled that the regime is disproportionate,” it writes.

Fairplay does not dispute that the Supreme Court initially ruled that a site blockade should target specific content. However, it adds that the court later clarified that blockades are also allowed if a substantial majority of content on a site is infringing.

The bottom line is that, later developments aside, our original article was correct. What bothers us, however, is that the Fairplay coalition is branding us as a “pro-piracy” site. That’s done for a reason, most likely to discredit the accuracy of our reporting.

Pro piracy news site

Luckily we have pretty thick skin, so we’ll get over it. If Fairplay Canada doesn’t trust us, then so be it.

Amusingly, however, this was not the only TorrentFreak article the coalition referenced. In fact, our reporting is cited twice more in the same report but without the pro-piracy branding.

A few pages down from the Geist reference, Fairplay mentions how pirate site blockades do not violate net neutrality in India, referring to our thorough article that explains how the process works.

No pro piracy?

Similarly, we’re also pretty reliable when it comes to reporting on MUSO’s latest piracy data, as Fairplay cites us for that as well. These are the data that play a central role in the coalition’s argumentation and analysis.

We’re not entirely sure how it works, but apparently, we are a “pro-piracy” news site when Fairplay Canada doesn’t like our reporting, and a reliable source when it suits their message.

In any case, we would like to point out that this entire opinion article is written without any pro-piracy messaging. But it appears that every sentence that deviates from the agenda of certain groups, may be interpreted as such.

Not sure if you could call that fair play?

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‘Blocking Pirate Sites Through Court is Uncertain, Slow and Expensive’

Post Syndicated from Ernesto original https://torrentfreak.com/blocking-pirate-sites-through-court-is-uncertain-slow-and-expensive-180517/

FairPlay Canada, a coalition of copyright holders and major players in the telco industry, wants to institute a national pirate site blocking scheme.

The group submitted its plan to the Canadian telecoms regulator CRTC earlier this year, which subsequently asked the public for input.

This consultation triggered a wave of responses. Those opposed to the blocklist idea highlight the risk of over-blocking, net neutrality threats, and the lack of judicial oversight, among other things.

Yesterday, the Fairplay Coalition responded to these comments in a new filing. Providing additional evidence, the group countered the opposition head-on, accusing some commenters of spreading false and inaccurate information.

The coalition also responded to the common argument that there is no need for a separate blocking scheme. Copyright holders can already request injunctive relief from the courts, demanding that ISPs block pirate sites, as is common in many other countries.

In its reply, Fairplay counters that this may not be as straightforward as some claim. Section 36 of the Telecommunications Act suggests that, in addition to a court order, Commission approval is needed to block a site. This is complex and makes it uncertain if courts will be willing to grant these blockades.

“It is possible a court would be dissuaded from making an order against ISPs to disable to access to a piracy site given section 36 and the Commission’s view of its impact,” Fairplay’s response reads.

In other words, the coalition suggests that with proper judicial oversight under current law, there may not be any blockades. It’s not clear how that helps their argument, as that might be the exact point of the critics, but there is more.

In addition to the uncertainty of getting a blocking order through the courts, Fairplay argues that this route will also be very expensive. To make this point, the coalition hired the law firm Hayes eLaw to calculate the potential costs and time required to complete the process.

According to this analysis, it may take more than two years before a blocking order is final, with hundreds of thousands of dollars in legal expenses for just one site. This is too slow and too expensive, the coalition concludes.

“[T]he process involves first completing litigation against each egregious piracy site, and could take up to 765 days and cost up to $338,000 to address a single site,” Fairplay writes.

“While copyright enforcement actions are a crucial and powerful tool in many cases, it is not reasonable to suggest that rightsholders should spend this much time and resources to address every case in which their content is being stolen.”

Finally, Fairplay notes that those commenters who suggest the judicial route are apparently not against site blocking, but only against how these blockades are administered.

Arguments against the court option

As is often the case with consultations, both sides of the argument will present issues in a light that suits them best.

However, Fairplay goes even further and suggests that many consultation responses are based on misleading information, which is the result of online activists.

Among other things, these responses suggest that the plan would allow ISPs to unilaterally decide to block websites. However, Fairplay counters that ISPs can only block sites if they’re ordered to do so by the Commission, not on their own accord.

“The fact that the Commission received such interventions is not surprising, as every indication is that they were driven by online campaigns that made exactly this false claim,” they write.

“Indeed, the petitions or form letters submitted by CIPPIC/OpenMedia, SumOfUs, and LeadNow all explicitly contain this particular point of misinformation.”

In addition to the misinformation, Fairplay also notes that some interventions are false, while thousands of petitions are mere duplicates.

“There are a number of obviously false interventions and the identity, veracity, and location of the others can generally not be confirmed. In the case of the petitions, there are more than 14,000 identified duplicate entries, and an unknowable number of other false entries.”

Fairplay doesn’t ask the CRTC to ignore these submissions. It just points out that they cannot be relied upon, as they are not representative or based on faulty assumptions about the actual proposal.

Instead, the coalition comes up with a survey of its own. Fairplay hired Nanos Research to ask random Canadians whether their country should have less, the same, or more protection than countries that currently block piracy sites, such as the United Kingdom, Australia, and France.

According to the results, 77% of Canadians believed Canada should have the same or more protection than those countries, suggesting that Canadians are not anti-site-blocking at all. That said, the above mentioned foreign blockades are court sanctioned.

The entire response from Fairplay Canada is available here (pdf). It totals more than 60 pages and further addresses the economic impact of piracy, the effectiveness of the plan, how blocking is consistent with net neutrality and freedom of speech, as well as a wide range of other topics.

While the extra context will be useful to the CRTC, it’s unlikely to sway the opposition.

Around the same time as the coalition submitted its response, a new controversy emerged. Documents published by the Forum for Research and Policy in Communications suggest that Bell discussed the site blocking plan privately with the CRTC before it was made public. While it’s apparent that site blocking was on the agenda, Bell told Mobile Syrup that there’s “nothing procedurally unusual” in this case.

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

Pirate Site Blocking Threatens Canada’s Net Neutrality, House of Commons Committee Says

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-site-blocking-threatens-canadas-net-neutrality-house-of-commons-committee-says-180514/

Earlier this year several of the largest telcos in Canada teamed up with copyright holders to present their plan to tackle online piracy.

United in the Fairplay Canada coalition, Bell, Rogers, and others urged telecoms regulator CRTC to institute a national website blocking program.

The blocklist should be maintained by a yet to be established non-profit organization called the “Independent Piracy Review Agency” (IPRA) and both IPRA and the CRTC would be overseen by the Federal Court of Appeal, the organizations propose.

Thus far the response to the plan has been mixed. Several large media companies are in favor of blockades, arguing that it’s one of the few options to stop piracy. However, others fear that it will lead to overblocking and other problems.

Last week, the Canadian House of Commons Standing Committee on Access to Information, Privacy and Ethics joined the opposition. In a detailed report on the protection of net neutrality in Canada, it signaled the blocking proposal as a serious concern.

The House of Commons committee, which advises Parliament on a variety of matters, notes that the Fairplay coalition hasn’t sufficiently explained why the current process doesn’t work, nor has it supplied sufficient evidence to justify the new measures.

“[T]he Committee is of the view that the proposal could impede the application of net neutrality in Canada, and that in their testimony, the ISPs did not present sufficient explanation as to why the existing process is inadequate or sufficient justification to support to application,” the report reads.

At the same time, the lack of judicial oversight is seen as a problem.

“The Committee also remains skeptical about the absence of judicial oversight in the Fair Play proposal and is of the view that maintaining such oversight is critical,” it adds.

What is clear, however, is that the proposal could impede the application of net neutrality in Canada. As such, the House of Commons committee recommends that the Government asks the CRTC to reconsider its decision, if it decides in favor of the blocking plan.

“That, in the event that the Canadian Radio-television and Telecommunications Commission supports FairPlay Canada’s application, the federal government consider using the authority provided under section 12 of the Telecommunications Act to ask the CRTC to reconsider its decision,” the recommendation reads.

Recommendation

The net neutrality angle has been brought up by several parties in the past, ranging from legal experts, through copyright holders, to the public at large. While many see it as a threat, those in favor of website blocking say it’s a non-issue.

Even Internet providers themselves are divided on the topic. Where Shaw sees no net neutrality concerns, TekSavvy has argued the opposite.

The House of Commons committee report clearly sides with the opponents and with backing from all political parties, it sends a strong message. This is music to the ears of law professor Micheal Geist, one of the most vocal critics of the Fairplay proposal.

“With all parties joining in a recommendation against the site blocking plan, the report represents a strong signal that the FairPlay coalition plan led by Bell does not have political support given that it raises freedom of expression, due process, and net neutrality concerns,” Geist notes.

A copy of the report of the Standing Committee on Access to Information, Privacy and Ethics is available 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.

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

The Pirating Elephant in Uncle Sam’s Room

Post Syndicated from Ernesto original https://torrentfreak.com/the-pirating-elephant-in-uncle-sams-room-180413/

It’s not a secret that, in sheer numbers, America is the country that harbors most online pirates.

Perhaps no surprise, since it has a large and well-connected population, but it’s important to note considering what we’re about to write today.

Over the past decade, online piracy has presented itself as a massive problem for the US and its entertainment industries. It’s a global issue that’s hard to contain, but Hollywood and the major record labels are doing what they can.

Two of the key strategies they’ve employed in recent years are website blocking and domain seizures. US companies have traveled to courts all over the world to have ISP blockades put in place, with quite a bit of success.

At the same time, US rightsholders also push foreign domain registrars and registries to suspend or seize domains. The US Government is even jumping in, applying pressure against pirate domains as well.

Previously, the U.S. Embassy in Costa Rica threatened to have the country’s domain name registry shut down, unless it suspended ThePirateBay.cr. This hasn’t happened, yet, but it was a clear signal.

What’s odd, though, is that ThePirateBay.cr is a relatively meaningless proxy site. The real Pirate Bay operates from an .org domain name, which happens to be managed by the US-based Public Interest Registry (PIR).

So, if the US authorities threaten to shut down Costa Rica’s domain registry over a proxy, why is the US-based PIR registry still in action? After all, it’s the registry that ‘manages’ the domain name of the largest pirate site on the entire web, and has done for nearly 15 years.

Also of note is that the entertainment industries previously launched an overseas lawsuit to seize The Pirate Bay’s .se and .is domains, but never attempted to do the same with the US-based .org domain.

There are more of these strange observations. Let’s move back to website blocking, for example.

In a detailed overview, the Motion Picture Association recently reported that ISP blocking measures, which are in place in more than two dozen countries, help to reduce piracy significantly. This is further backed up by industry-supported reports and independent academic research.

In an ideal world, the US entertainment industries would like ISPs in every country to block pirate sites. While this is all fine and understandable from the perspective of these companies, there’s also an elephant in the room.

Over the past decade, US companies have worked hard to spread their blocking message around the world, while they yet have to attempt the same on their home turf. And this happens to be the country with the most pirates of all, which could make a massive impact.

Sure, it was a major success when a court in Iceland ordered local ISPs to block The Pirate Bay. But with roughly 130,000 Internet subscriptions in the entire country, that’s peanuts compared to the US.

So why is the US, the largest “pirate nation,” ignored?

From what we’ve heard, the entertainment industries are not pushing for ISP blockades in US courts because they fear a SOPA-like backlash. This likely applies to domain suspensions as well, which aren’t all that hard to accomplish in the US.

Instead, the major entertainment companies are focusing their efforts elsewhere.

While these entertainment companies are well within their rights to lobby for these measures, there’s an elephant in the room that is hard to ignore. Personally, I can’t help but cringe every time Hollywood pushes the blocking agenda to a new country or demands domain seizures abroad.

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

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.

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

Cloudflare and RIAA Agree on Tailored Site Blocking Process

Post Syndicated from Ernesto original https://torrentfreak.com/cloudflare-and-riaa-agree-on-tailored-site-blocking-process-180501/

Representing various major record labels, the RIAA filed a lawsuit against pirate site MP3Skull three years ago.

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

In 2016, the record labels won their case , but the site initially ignored the court order and continued to operate. This prompted the RIAA to go after third-party services including Cloudflare, demanding that they block associated domain names.

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. This has yet to happen. Since MP3Skull has ceased its operations, the RIAA has shown little interest in pursuing the matter any further.

While there is no longer an immediate site blocking threat, the order opened the door to similar blocking requests in the future. Cloudflare, therefore, asked the court to throw the order out, arguing that since MP3Skull is no longer available the issue is moot.

A month ago, US District Court Judge Marcia Cooke denied that request, urging the parties to go back to the negotiating table and find a solution both sides can live with.

In short, the solution that Cloudflare and the RIAA agreed on is that the record labels can file an emergency motion requiring the CDN provider to block new domain names of MP3Skull, if the site resurfaces.

“Plaintiffs may request in such an amendment a specific direction to Cloudflare to cease providing services to websites at specified domains without needing to show that Cloudflare is in active concert or participation with the Defendants with respect to such services,” the order reads.

The RIAA must inform Cloudflare in advance if it plans to file such a request, which then has the option to respond. If there are no objections, the CDN provider is required to take action within 24 hours, or a full business day, whichever is longer.

This is essentially what the RIAA was after, but Cloudflare was sure to make it clear that the ruling does not mean that they are seen as operating “in active concert or participation” with the pirate site.

“For the sake of clarity, the Court’s direction to Cloudflare […] is not a finding that Cloudflare is ‘in active concert or participation’ with Defendants as provided in Rule 65(d) of the Federal Rules of Civil Procedure,” it reads.

This means that the order, as with the previous injunction, leaves many options open and questions unanswered. It is specifically tailored to one site, without setting in stone how similar cases will be dealt with in the future.

But considering the recent pressure from rightsholders on Cloudflare, it wouldn’t be a surprise if this battle is renewed in a new arena in the future.

Meanwhile, MP3Skull, the site which got this all started, hasn’t been seen online for over a year.

A copy of US District Court Judge Marcia Cooke’s order is available here (pdf).

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

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.”

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

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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Hollywood Studios Get ISP Blocking Order Against Rarbg in India

Post Syndicated from Ernesto original https://torrentfreak.com/hollywood-studios-score-blocking-order-against-rarbg-in-india-180417/

While the major Hollywood studios are very reluctant to bring a pirate site blocking case to their home turf, they are very active abroad.

The companies are the driving force behind lawsuits in Europe, Australia, and are also active in India, where they booked a new success last week.

Website blocking is by no means a new phenomenon in India. The country is known for so-called John Doe orders, where a flurry of websites are temporarily blocked to protect the release of a specific title.

The major Hollywood studios are taking a different approach. Disney Enterprises, Twentieth Century Fox, Paramount Pictures, Columbia Pictures, Universal, and Warner Bros. are requesting blockades, accusing sites of being structural copyright infringers.

One of the most recent targets is the popular torrent site Rarbg. The Hollywood studios describe Rarbg as a ‘habitual’ copyright infringer and demand that several Internet providers block access to the site.

“It is submitted that the Defendant Website aids and facilitates the accessibility and availability of infringing material, and induce third parties, intentionally and/or knowingly, to infringe through their websites by various means,’ the movie studios allege.

The complaint filed at the High Court of Delhi lists more than 20 Internet providers as co-defendants, and also includes India’s Department of Telecommunications and Department of Electronics and Information Technology in the mix.

The two Government departments are added because they have the power to enforce blocking orders. Specifically, the Hollywood studios note that the Department of Technology’s license agreement with ISPs requires these companies to ensure that copyright infringing content is not carried on their networks.

“It is submitted that the DoT itself acknowledges the fact that service providers have an obligation to ensure that no violation of third party intellectual property rights takes place through their networks and that effective protection is provided to right holders of such intellectual property,” the studios write.

Last week the court granted an injunction that requires local Internet providers including Bharti Airtel, Reliance Communications, Telenor, You Broadband, and Vodafone to block Rarbg.

Blocking order

As requested, the Department of Telecommunications and Department of Electronics and Information Technology are directed to notify all local internet and telecom service providers that they must block the torrent site as well.

The order is preliminary and can still be contested in court. However, given the history of similar blocking efforts around the world, it is likely that it will be upheld.

While there’s not much coverage on the matter, this isn’t the first blocking request the companies have filed in India. Last October, a similar case was filed against another popular torrent site, 1337x.to, with success.

TorrentFreak reached out to the law firm representing the Hollywood studios to get a broader overview of the blocking plans in India. At the time of writing, we have yet to hear back.

A copy of the order obtained by Disney Enterprises, Twentieth Century Fox, Paramount Pictures, Columbia Pictures, Universal, Warner Bros and the local Disney owned media conglomerate UTV Software, is available here (pdf).

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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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Not All Canadian ISPs Are Pro Site Blocking

Post Syndicated from Ernesto original https://torrentfreak.com/not-all-canadian-isps-are-pro-site-blocking-180406/

Earlier this year several of the largest telcos in Canada teamed up with copyright holders to present their plan to tackle online piracy.

United in the Fairplay coalition, Bell, Rogers, and others urged telecoms regulator CRTC to institute a national website blocking program.

The Canadian blocklist should be maintained by a yet to be established non-profit organization called “Independent Piracy Review Agency” (IPRA) and both IPRA and the CRTC would be overseen by the Federal Court of Appeal, the organizations propose.

Over the past several weeks, the CRTC has asked the public for input on the plan. While we have already covered several responses, some notable entries were submitted at the very last minute.

The MPAA and the Premier League, which both applied for court-ordered blockades in the UK, voiced their support, for example. The same is true for ISP Shaw Communications. While Shaw is not part of the Fairplay Coalition it fully supports the site blocking proposal.

“New regulatory tools are needed to provide a comprehensive and coordinated response to combat piracy, and the FairPlay Proposal provides an expeditious, effective, and fair process,” Shaw writes, noting that the proposal doesn’t violate net neutrality.

The Independent Telecommunications Providers Association (ITPA) also chimed in. Representing more than a dozen smaller Internet providers, it takes no position on the merits of the plan, but stresses that copyright holders should pick up the bill.

“The ITPA would object to any regime that imposes costs without a cost recovery mechanism for service providers,” the association writes.

While many ISPs are backing the plan or taking a relatively neutral stance, TekSavvy is among the notable exceptions. The independent company that services more than 250,000 Canadian homes and businesses, says that the proposal would have a major impact.

“If implemented, the Applicants’ proposal for site blocking would fundamentally reshape how Internet services would work in Canada, including the manner in which TekSavvy provides Internet services.”

In a rather dry submission, the Internet provider argues that site blocking violates the Common Carrier doctrine of the Telecommunications Act.

“Rather than advancing the telecommunications policy objectives, the approach proposed in the Application to policing content on the Internet is in direct opposition to many of those objectives,” TekSavvy writes.

The proposal interferes with online traffic, the ISP explains, which could affect network neutrality principles. At the same time, it goes against several policy objectives, including the principle that any regulation should be efficient and effective.

“It is well-documented that blocking individual web sites is difficult and expensive and even so relatively trivial to circumvent,” the ISP notes. “As a result, site-blocking is neither efficient, nor effective.”

As such, TechSavvy argues that the site blocking proposal is not the kind of exceptional circumstance that warrants an exception to the common carrier doctrine.

The ISP is not alone in its critique, as Micheal Geist points out. In addition to its own submission, TekSavvy supports the Canadian Network Operators Consortium’s CNOC intervention, which covers a broad range of issues.

CNOC represents several dozen smaller Telcos and, among other things, it argues in detail that the blocking proposal will be costly but ineffective.

“CNOC is not convinced of the efficacy of FairPlay Canada’s proposal, and, in fact, believes that mandatory website blocking could be circumvented with such ease that expending any resources on it is unlikely to be productive, yet it would impose significant costs on ISPs,” CNOC notes.

The one thing that’s clear following all the submissions is that the CRTC will find it impossible to satisfy all parties. Even the Internet providers themselves have conflicting opinions.

A copy of Teksavvy’s submission is available here (pdf). ITPA’s letter can be found here (pdf), CNOC’s here (pdf), and Shaw’s submission in favor of the proposal is available here (pdf).

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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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Canadian BitTorrent Traffic Tanked, But Video Piracy is Still Hot

Post Syndicated from Ernesto original https://torrentfreak.com/canadian-bittorrent-traffic-tanked-but-video-piracy-is-still-hot-180403/

Piracy has become a hot topic in Canada now that there are calls to implement the first website blocking scheme in North America.

One outfit that’s kept a close eye on piracy-related developments in recent years is Ontario-based broadband management company Sandvine.

For years, Sandvine has monitored Internet traffic trends throughout the world. Some of these developments are, at least partially, linked to piracy. This includes the market share of BitTorrent traffic.

In recent years the percentage of BitTorrent-related Internet traffic has dropped significantly and newly released data by Sandvine shows that this is no different in Canada.

Between 2014 and 2017 the aggregate daily traffic share of BitTorrent dropped from 15.1% to a measly 1.6% on fixed networks. This suggests that absolute traffic also took a significant hit.

BitTorrent aggregate daily traffc share (Sandvine)

While Sandvine believes that most torrent traffic was infringement related, the drop doesn’t mean that video piracy is no longer an issue. A lot of this activity has moved to streaming sites and dedicated streaming boxes.

In its report, the company specifically highlights the issue of fully-loaded Kodi boxes. While the Kodi media player itself is perfectly legal, when paired with pirate add-ons it causes problems for copyright holders.

In Canada, it is estimated that nearly 10% of all households have access to a Kodi-powered device. More than two-thirds of these (71%) have their devices configured to access pirated content.

This brings the total of Canadian households with access to ‘pirate’ Kodi addons to 7%, which is slightly higher than the 6% in the US. This figure should not be underestimated, according to Sandvine.

“Sandvine believes that emergent forms of piracy such as the ‘Fully-Loaded’ Kodi ecosystem and subscription television piracy represent a real threat to the revenue streams of network operators,” the company says.

“Not only because the content is being stolen, but because in some instance subscribers are paying to pirate these services, with no money going into the pockets of the content creators or rights holders.”

It is worth noting that Sandvine doesn’t measure the traffic that’s generated by regular pirate streaming sites or other devices. So the total percentage of streaming pirates is much higher.

Finally, we have to mention that the Canadian company is not a neutral party in the blocking debate. As a company that sells blocking solutions, it could possibly benefit from the website blocking plans that triggered the release of these data.

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UN Human Rights Rapporteur Warns Against Canadian Pirate Site Blocking Plan

Post Syndicated from Ernesto original https://torrentfreak.com/un-human-rights-rapporteur-warns-against-canadian-pirate-site-blocking-plan-180402/

In January, a coalition of Canadian companies called on the country’s telecom regulator CRTC to establish a local pirate site blocking program, which would be the first of its kind in North America.

The Canadian deal is supported by Fairplay Canada, a coalition of both copyright holders and major players in the telco industry, such as Bell and Rogers, which also have their own media branches.

Before making a decision on the proposal, the CTRC launched a public consultation asking the public for input on the matter. This has resulted in thousands of submissions, both for and against the plan.

Last week, just before the deadline passed, a noteworthy letter typed on a United Nations letterhead came in. The submission comes from David Kaye, acting as Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.

Special Rapporteurs are independent experts who have a mandate from the Human Rights Council to report and advise United Nations members on threats and problems that arise. In this case, the letter warns against the Canadian site blocking plan.

According to Kaye, the website blocking plan threatens to violate Article 19 of The Universal Declaration of Human Rights. This article guarantees people’s freedom of “opinion and expression” through “any media” and “regardless of frontiers.”

The Special Rapporteur informs the CRTC that the blocking plan could violate Canada’s obligations under Article 19 in several ways. The first problem he highlights is proportionality. According to Kaye, website blocking is an extreme measure that is often too broad to tackle copyright infringement.

“While the enforcement of copyright law may be a legitimate aim, I am concerned that website/application blocking is almost always a disproportionate means of achieving this aim,” Kaye writes.

“The risk that online expression will be disproportionately restricted is particularly high for websites/applications that are implicated in copyright infringement but also widely used to protect personal identity and security, such as VPNs, proxy services and peer-to-peer networks.”

The Special Rapporteur also highlights that the proposed criteria for piracy sites are vague, which may lead to over-blocking. This could affect sites and services that also have significant non-infringing uses.

In addition, he also notes that the proposed plan lacks due process safeguards. This means that sites may be blocked solely based on allegations from copyright holders, without judicial oversight.

Finally, it’s pointed out that the website blocking plan requires ISPs to work with copyright holders. However, the Rapporteur notes that these Telcos also own major Canadian commercial television services, which makes it unclear if they can act as neutral gatekeepers.

All in all, the Special Rapporteur urges the CRTC to make sure that, if it adopts any blocking measures, these will be in accordance with Article 19 of The Universal Declaration of Human Rights. Given his summary, that is currently not the case.

“Website blocking is an extreme measure that should only be imposed when an independent and impartial judicial authority or adjudicatory body has determined that it is the least restrictive means available to end individual acts of copyright infringement.”

“The proposed website blocking regime raises concern that websites may be blocked in Canada based on insufficient evidence or misleading allegations of copyright infringement, through a process lacking necessary due process guarantees,” Kaye adds.

Now that the public consultation has ended the CRTC will review the thousands of responses, including this one. When that’s done, it is expected to release a final review on the proposal, which is expected to happen later this year.

The submission of Special Rapporteur David Kaye, which hasn’t gone unnoticed, is available here (pdf).

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Cloudflare Fails to Eliminate ‘Moot’ Pirate Site Blocking Threat

Post Syndicated from Ernesto original https://torrentfreak.com/cloudflare-fails-eliminate-moot-pirate-site-blocking-threat/

Representing various major record labels, the RIAA filed a lawsuit against pirate site MP3Skull three years ago.

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

In 2016, the record labels won their case against the MP3 download portal but the site initially ignored the court order and continued to operate. This prompted the RIAA to go after third-party services including Cloudflare, demanding that they block associated domain names.

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.

While there is no longer an immediate site blocking threat, it makes it easier for rightsholders to request similar blocking requests in the future. Cloudflare, therefore, asked the court to throw the order out, arguing that since MP3Skull is no longer available the issue is moot.

This week, US District Court Judge Marcia Cooke denied that request.

Denied

This is, of course, music to the ears of the RIAA and its members.

The RIAA wants to keep the door open for similar blocking requests in the future. This potential liability for pirates sites is the main reason why the CDN provider asked the court to vacate the order, the RIAA said previously.

While the order remains in place, Judge Cooke suggests that both parties are working on some kind of compromise or clarification and gave two weeks to draft this into a new proposal.

“The parties may draft and submit a joint proposed order addressing the issues raised at the hearing on or before April 10, 2018,” Judge Cooke writes.

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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.

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

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.

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