Tag Archives: takedown notice

Resilient TVAddons Plans to Ditch Proactive ‘Piracy’ Screening

Post Syndicated from Ernesto original https://torrentfreak.com/resilient-tvaddons-plans-to-ditch-proactive-piracy-screening-171207/

After years of smooth sailing, this year TVAddons became a poster child for the entertainment industry’s war on illicit streaming devices.

The leading repository for unofficial Kodi addons was sued for copyright infringement in the US by satellite and broadcast provider Dish Network. Around the same time, a similar case was filed by Bell, TVA, Videotron, and Rogers in Canada.

The latter case has done the most damage thus far, as it caused the addon repository to lose its domain names and social media accounts. As a result, the site went dead and while many believed it would never return, it made a blazing comeback after a few weeks.

Since the original TVAddons.ag domain was seized, the site returned on TVaddons.co. And that was not the only difference. A lot of the old add-ons, for which it was unclear if they linked to licensed content, were no longer listed in the repository either.

TVAddons previously relied on the DMCA to shield it from liability but apparently, that wasn’t enough. As a result, they took the drastic decision to check all submitted add-ons carefully.

“Since complying with the law is clearly not enough to prevent frivolous legal action from being taken against you, we have been forced to implement a more drastic code vetting process,” a TVAddons representative told us previously.

Despite the absence of several of the most used add-ons, the repository has managed to regain many of its former users. Over the past month, TVAddons had over 12 million unique users. These all manually installed the new repository on their devices.

“We’re not like one of those pirate sites that are shut down and opens on a new domain the next day, getting users to actually manually install a new repo isn’t an easy feat,” a TVAddons representative informs TorrentFreak.

While it’s still far away from the 40 million unique users it had earlier this year, before the trouble began, it’s still a force to be reckoned with.

Interestingly, the vast majority of all TVAddons traffic comes from the United States. The UK is second at a respectable distance, followed by Canada, Germany, and the Netherlands.

While many former users have returned, the submission policy changes didn’t go unnoticed. The relatively small selection of add-ons is a major drawback for some, but that’s about to change as well, we are informed.

TVAddons plans to return to the old submission model where developers can upload their code more freely. Instead of proactive screening, TVAddons will rely on a standard DMCA takedown policy, relying on copyright holders to flag potentially infringing content.

“We intend on returning to a standard DMCA compliant add-on submission policy shortly, there’s no reason why we should be held to a higher standard than Facebook, Twitter, YouTube or Reddit given the fact that we don’t even host any form of streaming content in the first place.

“Our interim policy isn’t pragmatic, it’s nearly impossible for us to verify the global licensing of all forms of protected content. When you visit a website, there’s no way of verifying licensing beyond trusting them based on reputation.”

The upcoming change doesn’t mean that TVAddons will ignore its legal requirements. If they receive a legitimate takedown notice, proper action will be taken, as always. As such, they would operate in the same fashion as other user-generated sites.

“Right now our interim addon submission policy is akin to North Korea. We always followed the law and will always continue to do so. Anytime we’ve received a legitimate complaint we’ve acted upon it in an expedited manner.

“Facebook, Twitter, Reddit and other online communities would have never existed if they were required to approve the contents of each user’s submissions prior to public posting.”

The change takes place while the two court cases are still pending. TVAddons is determined to keep up this fight. Meanwhile, they are also asking the public to support the project financially.

While some copyright holders, including those who are fighting the service in court, might not like the change, TVAddons believes that this is well within their rights. And with support from groups such as the Electronic Frontier Foundation, they don’t stand alone in this.

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

Could a Single Copyright Complaint Kill Your Domain?

Post Syndicated from Andy original https://torrentfreak.com/could-a-single-copyright-complaint-kill-your-domain-171203/

It goes without saying that domain names are a crucial part of any site’s infrastructure. Without domains, sites aren’t easily findable and when things go wrong, the majority of web users could be forgiven for thinking that they no longer exist.

That was the case last week when Canada-based mashup site Sowndhaus suddenly found that its domain had been rendered completely useless. As previously reported, the site’s domain was suspended by UK-based registrar DomainBox after it received a copyright complaint from the IFPI.

There are a number of elements to this story, not least that the site’s operators believe that their project is entirely legal.

“We are a few like-minded folks from the mashup community that were tired of doing the host dance – new sites welcome us with open arms until record industry pressure becomes too much and they mass delete and ban us,” a member of the Sowndhaus team informs TF.

“After every mass deletion there are a wave of producers that just retire and their music is lost forever. We decided to make a more permanent home for ourselves and Canada’s Copyright Modernization Act gave us the opportunity to do it legally.
We just want a small quiet corner of the internet where we can make music without being criminalized. It seems insane that I even have to say that.”

But while these are all valid concerns for the Sowndhaus community, there is a bigger picture here. There is absolutely no question that sites like YouTube and Soundcloud host huge libraries of mashups, yet somehow they hang on to their domains. Why would DomainBox take such drastic action? Is the site a real menace?

“The IFPI have sent a few standard DMCA takedown notices [to Sowndhaus, indirectly], each about a specific track or tracks on our server, asking us to remove them and any infringing activity. Every track complained about has been transformative, either a mashup or a remix and in a couple of cases cover versions,” the team explains.

But in all cases, it appears that IFPI and its agents didn’t take the time to complain to the site first. They instead went for the site’s infrastructure.

“[IFPI] have never contacted us directly, even though we have a ‘report copyright abuse’ feature on our site and a dedicated copyright email address. We’ve only received forwarded emails from our host and domain registrar,” the site says.

Sowndhaus believes that the event that led to the domain suspension was caused by a support ticket raised by the “RiskIQ Incident Response Team”, who appear to have been working on behalf of IFPI.

“We were told by DomainBox…’Please remove the unlawful content from your website, or the domain will be suspended. Please reply within the next 5 working days to ensure the request was actioned’,” Sowndhaus says.

But they weren’t given five days, or even one. DomainBox chose to suspend the Sowndhaus.com domain name immediately, rendering the site inaccessible and without even giving the site a chance to respond.

“They didn’t give us an option to appeal the decision. They just took the IFPI’s word that the files were unlawful and must be removed,” the site informs us.

Intrigued at why DomainBox took the nuclear option, TorrentFreak sent several emails to the company but each time they went unanswered. We also sent emails to Mesh Digital Ltd, DomainBox’s operator, but they were given the same treatment.

We wanted to know on what grounds the registrar suspended the domain but perhaps more importantly, we wanted to know if the company is as aggressive as this with its other customers.

To that end we posed a question: If DomainBox had been entrusted with the domains of YouTube or Soundcloud, would they have acted in the same manner? We can’t put words in their mouth but it seems likely that someone in the company would step in to avoid a PR disaster on that scale.

Of course, both YouTube and Soundcloud comply with the law by taking down content when it infringes someone’s rights. It’s a position held by Sowndhaus too, even though they do not operate in the United States.

“We comply fully with the Copyright Act (Canada) and have our own policy of removing any genuinely infringing content,” the site says, adding that users who infringe are banned from the platform.

While there has never been any suggestion that IFPI or its agents asked for Sowndhaus’ domain to be suspended, it’s clear that DomainBox made a decision to do just that. In some cases that might have been warranted, but registrars should definitely aim for a clear, transparent and fair process, so that the facts can be reviewed and appropriate action taken.

It’s something for people to keep in mind when they register a domain in future.

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

Google Says It Can’t Filter Pirated Content Proactively

Post Syndicated from Ernesto original https://torrentfreak.com/google-says-it-cant-filter-pirated-content-proactively-171202/

Over the past few years the entertainment industries have repeatedly asked Google to step up its game when it comes to its anti-piracy efforts.

These calls haven’t fallen on deaf ears and Google has steadily implemented various anti-piracy measures in response.

Still, that is not enough. At least, according to several prominent music industry groups who are advocating a ‘Take Down, Stay Down’ approach.

Currently, Google mostly responds to takedown requests that are sent in by copyright holders. The search engine deletes the infringing results and demotes the domains of frequent infringers. However, the same content often reappears on other sites, or in another location on the same site.

Earlier this year a group of prominent music groups stated that the present situation forces rightsholders to participate in a never-ending game of whack-a-mole which doesn’t fix the underlying problem. Instead, it results in a “frustrating, burdensome and ultimately ineffective takedown process.”

While Google understands the rationale behind the complaints, the company doesn’t believe in a more proactive solution. This was reiterated by Matt Brittin, President of EMEA Business & Operations at Google, during the Royal Television Society Event in London this week.

“The music industry has been quite tough with us on this. They’d like us proactively to know this stuff. It’s just not possible in this industry,” Brittin said.

That doesn’t mean that Google is sitting still. Brittin stresses that the company has invested millions in anti-piracy tools. That said, there can always be room for improvement.

“What we’ve tried to do is build tools that allow them to do that at scale easily and that work all together … I’m sure there are places where we could do better. There are teams and millions of dollars invested in this.

“Combatting bad acts and piracy is obviously very important to us,” Brittin added.

While Google sees no room for proactive filtering in search results, music industry insiders believe it’s possible.

Ideally, they want some type of automated algorithm or technology that removes infringing results without a targeted DMCA notice. This could be similar to YouTube’s Content-ID system, or the hash filtering mechanisms Google Drive employs, for example.

For now, however, there’s no sign that Google will go beyond the current takedown notice approach, at least for search. A ‘Take Down, Stay Down’ mechanism wouldn’t “understand” when content is authorized or not, the company previously noted.

And so, the status quo is likely to remain, at least for now.

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

‘Netflix’ Takedown Request Targets “Stranger Things” Subreddit (Update)

Post Syndicated from Ernesto original https://torrentfreak.com/netflix-takedown-request-targets-stranger-things-subreddit-171126/

Netflix offers a great selection of movies and TV-shows and dozens of millions of people can’t go a week without it.

Netflix is seen as an alternative to piracy. However, since Netflix’s priorities are shifting more to the production of original content, piracy is also a problem.

The streaming service now has its own anti-piracy unit and works with third-party vendors to remove unauthorized content from the Internet. This includes links to their shows in Google’s search results.

While most requests are legitimate, a recent takedown notice targeting “Stranger Things,” was a bit off. Tucked in between various pirate sites, we spotted articles from news sites Express and The Wrap.

(Update: The notice in question appears to be fake/fraudulent, see update below. This is potentially an even problematic.)

Strange?

The Express article has an obvious clickbait title aimed to attract freeloaders: “Stranger Things season 2 streaming – How to watch Stranger Things online for FREE in UK.”

While there are no references to infringing content in the piece, it’s at least understandable that Netflix’ anti-piracy partner confused by it. The Wrap article, however, doesn’t even hint at anything piracy related.

That’s not all though. Netflix’s takedown request also lists the “Stranger Things” subreddit. This community page has nearly a quarter million followers and explicitly forbids any pirated content. Still, Netflix wanted it removed from Google’s search results.

Stranger Things subreddit

To give Netflix the benefit of doubt, it’s always possible that a link to pirated content slipped through at the time the notice was sent. But, if that was the case they should have at least targeted the link to the full Reddit post as well.

The more likely scenario is that there was some sort of hiccup in the automated takedown software, or perhaps a human error of some kind. Stanger things have happened.

The good news is that Google came to the rescue. After reviewing the takedown notice, the three mentioned links were discarded. This means that the subreddit is still available in Google’s search results. For now.

Reddit itself is also quite skilled at spotting faulty takedown requests. While it’s unknown whether they were contacted directly by Netflix’s anti-piracy partner, the company rejects more than half of all DMCA takedown requests it receives.

Update: A spokesman from IP Arrow, who are listed as the sender, they have nothing to do with the takedown notice. This suggests that some third party not related to IP Arrow or Netflix may have submitted it.

IP Arrow will ask Google to look into it. Strange things are clearly happening here.

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

Google & Apple Order Telegram to Nuke Channel Over Taylor Swift Piracy

Post Syndicated from Andy original https://torrentfreak.com/google-apple-order-telegram-to-nuke-channel-over-taylor-swift-piracy-171123/

Financed by Russian Facebook (vKontakte) founder Pavel Durov, Telegram is a multi-platform messaging system that has grown from 100,000 daily users in 2013 to an impressive 100 million users in February 2016.

“Telegram is a messaging app with a focus on speed and security, it’s super-fast, simple and free. You can use Telegram on all your devices at the same time — your messages sync seamlessly across any number of your phones, tablets or computers,” the company’s marketing reads.

One of the attractive things about Telegram is that it allows users to communicate with each other using end-to-end encryption. In some cases, these systems are used for content piracy, of music and other smaller files in particular. This is compounded by the presence of user-programmed bots, which are able to search the web for illegal content and present it in a Telegram channel to which other users can subscribe.

While much of this sharing files under the radar when conducted privately, it periodically attracts attention from copyright holders when it takes place in public channels. That appears to have happened recently when popular channel “Any Suitable Pop” was completely disabled by Telegram, an apparent first following a copyright complaint.

According to channel creator Anton Vagin, the action by Telegram was probably due to the unauthorized recent sharing of the Taylor Swift album ‘Reputation’. However, it was the route of complaint that proves of most interest.

Rather than receiving a takedown notice directly from Big Machine Records, the label behind Swift’s releases, Telegram was forced into action after receiving threats from Apple and Google, the companies that distribute the Telegram app for iOS and Android respectively.

According to a message Vagin received from Telegram support, Apple and Google had received complaints about Swift’s album from Universal Music, the distributor of Big Machine Records. The suggestion was that if Telegram didn’t delete the infringing channel, distribution of the Telegram app via iTunes and Google Play would be at risk. Vagin received no warning notices from any of the companies involved.

Message from Telegram support

According to Russian news outlet VC.ru, which first reported the news, the channel was blocked in Telegram’s desktop applications, as well as in versions for Android, macOS and iOS. However, the channel still existed on the web and via Windows phone applications but all messages within had been deleted.

The fact that Google played a major role in the disappearing of the channel was subsequently confirmed by Telegram founder Pavel Durov, who commented that it was Google who “ultimately demanded the blocking of this channel.”

That Telegram finally caved into the demands of Google and/or Apple doesn’t really come as a surprise. In Telegram’s frequently asked questions section, the company specifically mentions the need to comply with copyright takedown demands in order to maintain distribution via the companies’ app marketplaces.

“Our mission is to provide a secure means of communication that works everywhere on the planet. To do this in the places where it is most needed (and to continue distributing Telegram through the App Store and Google Play), we have to process legitimate requests to take down illegal public content (sticker sets, bots, and channels) within the app,” the company notes.

Putting pressure on Telegram via Google and Apple over piracy isn’t a new development. In the past, representatives of the music industry threatened to complain to the companies over a channel operated by torrent site RuTracker, which was set up to share magnet links.

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

Twitter Sued Over Slow Response to DMCA Takedown Request

Post Syndicated from Ernesto original https://torrentfreak.com/twitter-sued-over-slow-response-to-dmca-takedown-request-171112/

In common with many other user-generated content sites, Twitter is used by some of its members to host or link to copyright-infringing material.

If rightsholders submit a takedown request, Twitter swiftly takes the infringing content down. Over the past several months the company has processed thousands of requests and complied with most of them.

However, a new lawsuit filed in a California federal court suggests that Twitter’s takedown efforts aren’t perfect.

Rhode Island-based photographer Kristen Pierson filed a complaint against Twitter, accusing the company of hosting and linking to one of her works without permission.

The photo in question, taken at an Alice in Chains concert in 2006, was posted by Twitter user Karen Juanita. After Pierson found out she sent a DMCA takedown notice to Twitter on April 26 of this year.

Twitter promptly replied that it had “disabled access” to the photo, but this didn’t happen right away. While Twitter noted that it could take some time for the removal to propagate, it appears that something went wrong.

Twitter’s response

According to the complaint, it took 90 days before it was effectively taken down. It seems unlikely that Twitter intentionally waited three months, but Pierson is not looking for an excuse. Instead, she’s demanding damages from the social media outfit.

“Twitter had actual knowledge of the direct infringement and contributory infringement. Pierson provided notice to Twitter in compliance with the DMCA, and Twitter failed to expeditiously disable access to or remove the Copyrighted Photograph from their servers,” the complaint notes.

“Alternatively, Twitter directly infringed Pierson’s copyrights by continuing to allow public access to the Copyrighted Photograph on Twitter’s server or on servers controlled by Twitter.”

Theoretically, damages could go up to $150,000, should willful copyright infringement be proven. However, it’s more likely that both parties will settle their differences, or that the case will be dismissed for other reasons.

This isn’t the first time that Twitter has been sued for failing to promptly remove infringing content. Several photographers, including Pierson herself, have done so before. In most cases, these lawsuits are settled after a few weeks, behind closed doors.

A copy of the complaint is available here (pdf).

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

Appeals Court Grills Cox and BMG in Piracy Liability Case

Post Syndicated from Ernesto original https://torrentfreak.com/appeals-court-grills-cox-and-bmg-in-piracy-liability-case-171027/

December 2015, a Virginia federal jury ruled that Internet provider Cox Communications was responsible for the copyright infringements of its subscribers.

The ISP was found guilty of willful contributory copyright infringement and ordered to pay music publisher BMG Rights Management $25 million in damages.

Cox swiftly filed its appeal arguing that the district court made several errors that may ultimately restrict the public’s access to Internet services.

This week the Court of Appeals for the Fourth Circuit heard oral argument from both sides, which turned out to be an interesting exercise. The panel of judges Motz, Shedd, and Wynn grilled of both attorneys in an effort to distill the crucial arguments.

Cox attorney Michael Elkin was first up. Among other things, he stressed that Cox didn’t have actual and sufficient knowledge of the claimed infringements.

While BMG uncovered internal Cox emails discussing how frequent offenders were kept on board, these were not specifically discussing BMG infringed works, he argues. However, Judge Wynn stressed that the emails in question did discuss Cox’s policy of not disconnecting infringers.

“But they’re talking about the general abuse department in terms of, where we get these things, this is what we’re going to do with them because we don’t want to lose customers. I mean, it’s the same thing,” he said.

It’s also clear that BMG sent over a million takedown notices to Cox. However, since these were not the ones referenced in the company’s internal emails, these are irrelevant when it comes to the company’s liability for alleged contributory infringement, Cox’s attorney noted.

The back and forth over various issues became rather lively up to a point where Elkin was asked to stop interrupting. “When a judge speaks, you have to be quiet,” Judge Shedd said.

BMG attorney Michael Allan was next in line to present his arguments, which were also carefully dissected by the judges. The attorney stressed that in addition to the takedown notices, BMG provided Cox with a wealth of information on the alleged infringers.

He explained that they sent 1.8 million takedown notices to Cox. When asked what the Internet provider should do with all these notices, Allan mentioned the dashboard they made available, which would help the ISP to check all claims.

“We also provided them with a dashboard. It’s a searchable website that they can search by most egregious repeat infringer, they can pull up every single piece of information we’ve ever provided to them, and they can play the actual songs that were downloaded,” BMG’s attorney said.

Judge Wynn, however, questioned whether the ISP’s abuse department would listen to thousands of infringing songs.

“An internet service provider is going to receive 20,000 of these things per day, 1.8 million a year, or whatever, I don’t care. And they’re going to start playing songs and things like that to see if it’s going on?

“You think that’s where this case is going to go?” Wynn added.

The judges then moved on to the repeat infringer question. An important question asked, was what a ‘repeat infringer’ actually is. BMG’s attorney described this as “someone who repeatedly infringes copyright,” but that wasn’t enough.

“How does somebody know a third party is an infringer? ‘Cause you say so?” Judge Shedd asked.

Cox, for example, sees a repeat infringer as someone who has been previously adjudicated, not someone who has received several takedown notices. Eventually, all had to admit that a repeat infringer is not clearly defined in the DMCA.

Judge Wynn then moved on to highlight another peculiarity. While this case deals with Cox’s failure to implement a repeat infringer policy, this legal requirement by itself is rather meaningless. Even when subscribers are disconnected, they can still join another ISP or come back to Cox after a few months, which makes it pointless.

“As Judge Motz indicated it’s not a perfect solution,” BMG’s lawyer commented.

“It’s not even a good one,” Judge Wynn added.

Another controversial topic that came up is the fact that Cox refused to pass on BMG’s demands because the ISP saw the included settlement demands as extortion. While BMG’s attorney tried to downplay the money issue, Judge Shedd made it very clear what this case is actually about.

“[The DMCA notice] says: you are infringing, you can go to this website and click and pay us $20 or $30. If not, you’re looking at a $150,000 fine. It was about collecting money. We don’t dance around that do we?” Shedd said.

Both Cox and BMG ultimately wanted money from the allegedly infringing subscribers, who might now face an even bigger threat.

“You have two corporations fighting over money, which may be justified. But the net effect of this battle is going to be up against another policy, which is, I think it is the policy, that people should have access to the Internet,” Judge Shedd said.

While the case can still go either way, the oral hearing suggests that the panel of judges is not putting too much weight on the notices sent by BMG. The internal emails from Cox appear to be the key part. Still, we’ll have to wait for the full opinion to see if that’s really true.

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

Tech Giants Warn Against Kodi Scapegoating

Post Syndicated from Ernesto original https://torrentfreak.com/tech-giants-warn-kodi-scapegoating-171022/

At the beginning of October, several entertainment industry groups shared their piracy concerns with the US Government’s Trade Representative (USTR).

Aside from pointing towards traditional websites, pirate streaming boxes were also brought up, by the MPAA among others.

“An emerging global threat is streaming piracy which is enabled by piracy devices preloaded with software to illicitly stream movies and television programming and a burgeoning ecosystem of infringing add-ons,” the MPAA noted.

This week the Computer & Communications Industry Association (CCIA), which includes members such as Amazon, Facebook, Google, and Netflix, notes that the USTR should be careful not to blame an open source media player such as Kodi, for the infringing actions of others.

CCIA wrote a rebuttal clarifying that Kodi and similar open source players are not the problem here.

“Another example of commenters raising concerns about generalized technology is the MPAA’s characterization of customizable, open-source set-top boxes utilizing the Kodi multimedia player application along with websites that allegedly ‘enable one-click installation of modified software onto set-top boxes or other internet-connected devices’,” CCIA writes.

While the MPAA itself also clearly mentioned that “Kodi is not itself unlawful,” CCIA stresses that any enforcement actions should be aimed at those who are breaking the law. The real targets include vendors who sell streaming boxes pre-loaded with infringing addons.

“These enforcement activities should focus on the infringers themselves, however, not a general purpose technology, such as an operating system for set-top boxes, which may be used in both lawful and unlawful ways.

“Open-source software designed for operating a home electronics device is unquestionably legitimate, and capable of substantial non-infringing uses,” CCIA adds in its cautionary letter the USTR.

While the MPAA’s submission was not trying to characterize Kodi itself as illegal, it did call out TVAddons.ag as a “piracy add-on repository.” The new incarnation of TVAddons wasn’t happy with this label and previously scolded the movie industry group for its comments, pointing out that it only received a handful of DMCA takedown notices in recent years.

“…in the entire history of TV ADDONS, XBMC HUB and OffshoreGit, we only received a total of about five DMCA notices in all; two of which were completely bogus. None of which came from a MPAA affiliate.”

While it’s obvious to most that Kodi isn’t the problem, as CCIA is highlighting, to many people it’s still unclear where the line between infringing and non-infringing is drawn. Lawsuits, including those against TVAddons and TickBox, are expected to bring more clarity.

CCIA’s full submission is available here (pdf).

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

Epic Games Sues Man Over Bitcoin Mining Fortnite ‘Cheat’

Post Syndicated from Ernesto original https://torrentfreak.com/epic-games-sues-man-over-bitcoin-mining-fortnite-cheat-171019/

A few weeks ago, Epic Games released Fortnite’s free-to-play “Battle Royale” game mode for the PC and other platforms, generating massive interest among gamers.

The release also attracted attention from thousands of cheaters, many of whom were subsequently banned. In addition, Epic Games went a step further by taking several cheaters to court over copyright infringement.

This week the North Carolina-based game developer continued its a war against cheaters. In a new lawsuit, it targets two other cheaters who promoted their hacks through YouTube videos.

One of the defendants is a Swedish resident, Mr. Josefson. He created a cheat and promoted it in various videos, adding instructions on how to download and install it. In common with the previous defendants, he is being sued for copyright infringement.

The second cheater listed in the complaint, a Russian man named Mr. Yakovenko, is more unique. This man also promoted his Fortnite cheats through a series of YouTube videos, but they weren’t very effective.

When Epic downloaded the ‘cheat’ to see how it works, all they got was a Bitcoin miner.

“Epic downloaded the purported cheat from the links provided in Yakovenko’s YouTube videos. While the ‘cheat’ does not appear to be a functional Fortnite cheat, it functions as a bitcoin miner that infects the user’s computer with a virus that causes the user’s computer to mine bitcoin for the benefit of an unknown third party,” the complaint reads.

Epic ‘cheat’

Despite the non-working cheat, Epic Games maintains that Yakovenko created a cheat for Fortnite’s Battle Royale game mode, pointing to a YouTube video he posted last month.

“The First Yakovenko video and associated post contained instructions on how to download and install the cheat and showed full screen gameplay using the purported cheat,” the complaint reads.

All the videos have since been removed following takedown notices from Epic. Through the lawsuit, the game developer now hopes to get compensation for the damages it suffered.

In addition to the copyright infringement claims the two men are also accused of trademark infringement, unfair competition, and breach of contract.

There’s little doubt that Epic Games is doing its best to hold cheaters accountable. However, the problem is not easy to contain. A simple search for Fortnite Hack or Fortnite Cheat still yields tens of thousands of results, with new videos being added continuously.

A copy of the full complaint against Josefson and Yakovenko is available here (pdf).

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

Google Asked to Remove 3 Billion “Pirate” Search Results

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

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

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

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

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

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

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

3 billion URLs

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

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

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

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

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

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

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

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

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

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

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

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

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

MPAA Reports Pirate Sites, Hosts and Ad-Networks to US Government

Post Syndicated from Ernesto original https://torrentfreak.com/mpaa-reports-pirate-sites-hosts-and-ad-networks-to-us-government-171004/

Responding to a request from the Office of the US Trade Representative (USTR), the MPAA has submitted an updated list of “notorious markets” that it says promote the illegal distribution of movies and TV-shows.

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

What stands out in the MPAA’s latest overview is that it no longer includes offline markets, only sites and services that are available on the Internet. This suggests that online copyright infringement is seen as a priority.

The MPAA’s report includes more than two dozen alleged pirate sites in various categories. While this is not an exhaustive list, the movie industry specifically highlights some of the worst offenders in various categories.

“Content thieves take advantage of a wide constellation of easy-to-use online technologies, such as direct download and streaming, to create infringing sites and applications, often with the look and feel of legitimate content distributors, luring unsuspecting consumers into piracy,” the MPAA writes.

According to the MPAA, torrent sites remain popular, serving millions of torrents to tens of millions of users at any given time.

The Pirate Bay has traditionally been one of the main targets. Based on data from Alexa and SimilarWeb, the MPAA says that TPB has about 62 million unique visitors per month. The other torrent sites mentioned are 1337x.to, Rarbg.to, Rutracker.org, and Torrentz2.eu.

MPAA calls out torrent sites

The second highlighted category covers various linking and streaming sites. This includes the likes of Fmovies.is, Gostream.is, Primewire.ag, Kinogo.club, MeWatchSeries.to, Movie4k.tv and Repelis.tv.

Direct download sites and video hosting services also get a mention. Nowvideo.sx, Openload.co, Rapidgator.net, Uploaded.net and the Russian social network VK.com. Many of these services refuse to properly process takedown notices, the MPAA claims.

The last category is new and centers around piracy apps. These sites offer mobile applications that allow users to stream pirated content, such as IpPlayBox.tv, MoreTV, 3DBoBoVR, TVBrowser, and KuaiKa, which are particularly popular in Asia.

Aside from listing specific sites, the MPAA also draws the US Government’s attention to the streaming box problem. The report specifically mentions that Kodi-powered boxes are regularly abused for infringing purposes.

“An emerging global threat is streaming piracy which is enabled by piracy devices preloaded with software to illicitly stream movies and television programming and a burgeoning ecosystem of infringing add-ons,” the MPAA notes.

“The most popular software is an open source media player software, Kodi. Although Kodi is not itself unlawful, and does not host or link to unlicensed content, it can be easily configured to direct consumers toward unlicensed films and television shows.”

Pirate streaming boxes

There are more than 750 websites offering infringing devices, the Hollywood group notes, adding that the rapid growth of this problem is startling. Interestingly, the report mentions TVAddons.ag as a “piracy add-on repository,” noting that it’s currently offline. Whether the new TVAddons is also seen a problematic is unclear.

The MPAA also continues its trend of calling out third-party intermediaries, including hosting providers. These companies refuse to take pirate sites offline following complaints, even when the MPAA views them as blatantly violating the law.

“Hosting companies provide the essential infrastructure required to operate a website,” the MPAA writes. “Given the central role of hosting providers in the online ecosystem, it is very concerning that many refuse to take action upon being notified…”

The Hollywood group specifically mentions Private Layer and Netbrella as notorious markets. CDN provider CloudFlare is also named. As a US-based company, the latter can’t be included in the list. However, the MPAA explains that it is often used as an anonymization tool by sites and services that are mentioned in the report.

Another group of intermediaries that play a role in fueling piracy (mentioned for the first time) are advertising networks. The MPAA specifically calls out the Canadian company WWWPromoter, which works with sites such as Primewire.ag, Projectfreetv.at and 123movies.to

“The companies connecting advertisers to infringing websites and inadvertently contribute to the prevalence and prosperity of infringing sites by providing funding to the operators of these sites through advertising revenue,” the MPAA writes.

The MPAA’s full report is available here (pdf). The USTR will use this input above to make up its own list of notorious markets. This will help to identify current threats and call on foreign governments to take appropriate action.

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

EFF Warns Against Abusive Lawsuits Targeting Kodi Add-on Repository

Post Syndicated from Ernesto original https://torrentfreak.com/eff-warns-against-abusive-lawsuits-targeting-kodi-add-on-repository-171002/

The popular Kodi add-on repository TVAddons was dragged into two seperate lawsuits in recent months, in both Canada and the United States.

TV broadcasters such as Bell, Rogers, and Dish accuse the platform of inducing or contributing to copyright infringement by making ‘pirate’ add-ons to the public.

TVAddons itself has always maintained its innocence. A site representative recently told us that they rely on the safe harbor protection laws, available both in the US and Canada, which they believed would shield them from copyright infringement liability for merely distributing add-ons.

“TV ADDONS is not a piracy site, it’s a platform for developers of open source add-ons for the Kodi media center. As a community platform filled with user-generated content, we have always acted in accordance with the law and swiftly complied whenever we received a DMCA takedown notice.”

While both cases are still in an early stage, TVAddons is receiving support from Electronic Frontier Foundation (EFF), who warn against abusive lawsuits targeting neutral add-on distributors.

According to the digital rights group, holding platforms such as TVAddons liable for infringement users may commit after they download an add-on from the site goes too far.

“The lawsuit against TVAddons seeks to skirt that important [safe harbor] protection by arguing that by merely hosting, distributing and promoting Kodi add-ons, the TVAddons administrator is liable for inducing or authorizing copyright infringements later committed using those add-ons.

“This argument, were it to succeed, would create new uncertainty and risk for distributors of any software that could be used to engage in copyright infringement,” EFF adds.

The US case, started by Dish Networks, tries to expand copyright liability according to EFF. This lawsuit also targets the developers of the Zem TV add-on. While the latter may have crossed a line, TVAddons should be protected by the DMCA’s safe harbor when they merely host third-party content.

“Vicarious copyright liability requires that the defendant have the ‘right and ability to supervise’ the conduct of the direct infringer, and benefit financially. Dish claims only that the TVAddons site made ZemTV ‘available for download.’ That’s not enough to show an ability to supervise,” EFF notes.

The complaint in question goes a bit further than the “download” argument alone though. It also accuses TVAddons’ operator of having induced and encouraged Zem TV’s developer to retransmit popular television programs, which is of a different order.

However, EFF informs TorrentFreak that this allegation is not specific enough for a complaint to survive a motion to dismiss. If TVAddons’ operator indeed took some purposeful, knowing action to induce copyright infringement, it should be spelled out, they say.

According to the digital rights group, the goal of the current cases is to expand the borders of copyright infringement liability, calling on copyright holders to stop such abusive lawsuits.

“These lawsuits by big TV incumbents seem to have a few goals: to expand the scope of secondary copyright infringement yet again, to force major Kodi add-on distributors off of the Internet, and to smear and discourage open source, freely configurable media players by focusing on the few bad actors in that ecosystem.

“The courts should reject these expansions of copyright liability, and TV networks should not target neutral platforms and technologies for abusive lawsuits,” EFF concludes.

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

EU Proposes Take Down Stay Down Approach to Combat Online Piracy

Post Syndicated from Ernesto original https://torrentfreak.com/eu-proposes-take-down-stay-down-approach-to-combat-online-piracy-170928/

In recent years, many copyright holders have grown frustrated with pirates copies of their content (re)appearing on hundreds of online platforms.

This problem is not restricted to pirate sites, but also affects other services where users can freely upload content, including Dropbox, Google, YouTube, and Facebook.

In an attempt to streamline these takedown procedures the European Commission published a detailed set of guidelines today. Their communication titled “Tackling Illegal Content Online” includes a comprehensive overview of how illegal content, including piracy, should be dealt with.

The recommendation, of which a non-final copy leaked earlier this month, is non-binding. However, future legislative measures are not ruled out if no significant progress is made.

One of the motivations to release the guidelines is to define clearly what a good takedown policy would look like. A harmonized and coherent takedown approach is currently missing in the EU, the Commission notes.

“A more aligned approach would make the fight against illegal content more effective. It would also benefit the development of the Digital Single Market and reduce the cost of compliance with a multitude of rules for online platforms, including for new entrants,” the recommendation reads.

One of the suggestions that stand out is “proactive” filtering. The Commission recommends that online services should implement measures that can automatically detect and remove suspected illegal content.

“Online platforms should do their utmost to proactively detect, identify and remove illegal content online. The Commission strongly encourages online platforms to use voluntary, proactive measures aimed at the detection and removal of illegal content and to step up cooperation and investment in, and use of, automatic detection technologies.”

This is similar to the much-discussed upload filters and raises the question whether such practice is in line with existing EU law. In the Sabam v Netlog case, the European Court of Justice previously ruled that hosting sites can’t be forced to filter copyrighted content, as this would violate the privacy of users and hinder freedom of information.

Importantly, the Commission emphasizes that when online services explicitly search for pirated material, they won’t lose the benefit of the liability exemption provided for in Article 14 of the E-Commerce Directive. In other words, copyright holders can’t hold these services accountable for content that slips through the net.

The recommendation further includes some specific suggestions to make sure that content, once removed, does not reappear. This is the notice-and-stay-down approach copyright holders are lobbying for, which can be addressed by content recognition tools including hash filtering.

“The Commission strongly encourages the further use and development of automatic technologies to prevent the re-appearance of illegal content online,” the document reads, adding that errors should not be overlooked.

“Where automatic tools are used to prevent re-appearance of illegal content a reversibility safeguard should be available for erroneous decisions, and the use and performance of this technology should be made transparent in the platforms’ terms of service.”

Hash-based and other automatic filters are not new of course. Services such as Google Drive and Dropbox already have these in place and YouTube’s Content-ID system also falls into this category.

Another measure to prevent re-uploading of content is to ban frequent offenders. The Commission notes that services should take appropriate measures against such users, which could include the suspension or termination of accounts.

Most of the suggestions come with a recommendation to have sufficient safeguards in place to repair or prevent errors. This includes a counter-notice process as well as regularly published transparency reports. In some cases where context is relevant, it is important to have a human reviewer in the loop.

Finally, the Commission encourages cooperation between online services and so-called “trusted flaggers.” The latter are known representatives of copyright holders who are trusted. As such, their takedown notices can be prioritized.

“Notices from trusted flaggers should be able to be fast-tracked by the platform. This cooperation should provide for mutual information exchange so as to evaluate and improve the removal process over time.”

The proposals go above and beyond current legal requirements. For many larger online services, it might not be too hard to comply with most of the above. But, for smaller services, it could be quite a burden.

European Digital Rights (EDRi) has highlighted some good and bad elements but remains critical.

“The document puts virtually all its focus on internet companies monitoring online communications, in order to remove content that they decide might be illegal. It presents few safeguards for free speech, and little concern for dealing with content that is actually criminal,” EDRi writes.

Google has also been critical of the notice-and-stay-down principle in the past. Copyright counsel Cédric Manara previously outlined several problems, concluding that the system “just won’t work.

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

Of Course Atlus Hit RPCS3’s Patreon Page Over Persona 5

Post Syndicated from Andy original https://torrentfreak.com/of-course-atlus-hit-rpcs3s-patreon-page-over-persona-5-170927/

For the uninitiated, RPCS3 is an open-source Sony PlayStation 3 emulator for PC. This growing and brilliant piece of code was publicly released in 2012 and since then has been under constant development thanks to a decent-sized team of programmers and other contributors.

While all emulation has its challenges, emulating a relatively recent piece of hardware such as Playstation 3 is a massive undertaking. As a result, RPCS3 needs funding. This it achieves through its Patreon page, which currently receives support from 675 patrons to the tune of $3,000 per month.

There’s little doubt that there are plenty of people out there who want the project to succeed. Yesterday, however, things took a turn for the worse when RPCS3 attracted the negative attention of Atlus, the developer behind the utterly beautiful RPG, Persona 5.

According to the RPCS3 team, Atlus filed a DMCA takedown notice with Patreon requesting the removal of the entire RPCS3 page after the team promoted the fact that Persona 5 would be compatible with the under-development emulator.

“The PS3 emulator itself is not infringing on our copyrights and trademarks; however, no version of the P5 game should be playable on this platform; and [the RPCS3] developers are infringing on our IP by making such games playable,” Atlus told Patreon.

Fortunately for everyone involved, Patreon did not storm in and remove the entire page, not least since the page itself didn’t infringe on Atlus’ IP rights. However, Atlus was not happy with the response and attempted to negotiate with the fund-raising platform, noting that in order for Persona 5 to work, the user would have to circumvent the game’s DRM protections.

The RPCS3 team, on the other hand, believe they’re on solid ground, noting that where their main developers live, it is legal to make personal copies of legally purchased games. They concede it may not be legal for everyone, but in any event, that would be irrelevant to the DMCA notice filed against their Patreon page. Indeed, trying to take down an entire fundraiser with a DMCA notice was a significant overreach under the circumstances

According to a statement from the team, ultimately a decision was taken to proceed with caution. In order to avoid a full takedown of their Patreon page, all mentions of Persona 5 were removed from both the fund-raiser and main RPSC3 site yesterday.

The RPSC3 team noted that they had no idea why Atlus targeted their project but an announcement from the developer later shone a little light on the issue.

“We believe that our fans best experience our titles (like Persona 5) on the actual platforms for which they are developed. We don’t want their first experiences to be framerate drops, or crashes, or other issues that can crop up in emulation that we have not personally overseen,” Atlus explained.

While some gamers expressed negative opinions over Atlus’ undoubtedly overbroad actions yesterday, it’s difficult to argue with the developer’s main point. Emulators can be beautiful things but there is no doubt that in many instances they don’t recreate the gaming experience perfectly. Indeed, in some cases when things don’t go to plan, the results can be pretty horrible.

That being said, for whatever reason Atlus has chosen not to release a PC version of this popular title so, as many hardcore emulator fans will tell you (this one included), that’s a bit of a red rag to a bull. The company suggests that it might remedy that situation in the future though, so maybe that’s some consolation.

In the meantime, there’s a significant backlash against Atlus and what it attempted to do to the RPCS3 project and its fund-raising efforts. Some people are threatening never to buy an Atlus game ever again, for example, and that’s their prerogative.

But really – is anyone truly surprised that Atlus reacted in the way it did?

While Persona 5 isn’t available on PC yet, this isn’t an out-of-print game from 1982 that’s about to disappear into the black hole of time because there’s no hardware to play it on. This is a game created for relatively current hardware (bang up to date if you include the PS4 version) that was released April 2017 in the United States, just a handful of months ago.

As such, none of the usual ‘moral’ motivations for emulating games on other platforms exist for Persona 5 and for that reason alone, the decision to heavily mention it in RPCS3 fund-raising efforts was bound to backfire. It doesn’t matter whether emulation or dumping of ROMs is legal in some regions, any company can be expected to wade in when someone threatens their business model.

The stark reality is that when they do, entire projects can be put at risk. In this case, Patreon stepped in to save the day but it could’ve been a lot worse. Martyring the whole project for one game would’ve been a disaster for the team and the public. All that being said, Atlus is unlikely to come out of this on top.

“Whatever people may wish, there’s no way to stop any playable game from being executed on the emulator,” the RPCS3 team note.

“Blacklisting the game? RPCS3 is open-source, any attempt would easily be reversed. Attempting to take down the project? At the time of this post, this and many other games were already playable to their full extent, and again, RPCS3 is and will always be an open-source project.”

The bottom line here is that Atlus’ actions may have left a bit of a bad taste in the mouths of some gamers, but even the most hardcore emulator fan shouldn’t be surprised the company went for the throat on a game so fresh. That being said, there are lessons to be learned.

Atlus could’ve spoken quietly to RPCS3 first, but chose not to. RPCS3, on the other hand, will probably be a little bit more strategic with future game compatibility announcements, given what’s just happened. In the long term, that will help them, since it will ensure longevity for the project.

RPCS3 is needed, there’s no doubt about that, but its true value will only be felt when the PS3 has been consigned to history. At that point people will understand why it was worth all the effort – and the occasional hiccup.

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

TVAddons and ZemTV Operators Named in US Lawsuit

Post Syndicated from Ernesto original https://torrentfreak.com/tvaddons-and-zemtv-operators-named-in-us-lawsuit-170926/

Earlier this year, American satellite and broadcast provider Dish Network targeted two well-known players in the third-party Kodi add-on ecosystem.

In a complaint filed in a federal court in Texas, add-on ZemTV and the TVAddons library were accused of copyright infringement. As a result, both are facing up to $150,000 for each offense.

Initially, the true identities of the defendants unknown and listed as John Does, but an amended complaint that was submitted yesterday reveal their alleged names and hometowns.

The Texas court previously granted subpoenas which allowed Dish to request information from the defendants’ accounts on services including Amazon, Github, Google, Twitter, Facebook and PayPal, which likely helped with the identification.

According to Dish ZemTV was developed by Shahjahan Durrani, who’s based in London, UK. He allegedly controlled and maintained the addon which was used to stream infringing broadcasts of Dish content.

“Durrani developed the ZemTV add-on and managed and operated the ZemTV service. Durrani used the aliases ‘Shani’ and ‘Shani_08′ to communicate with users of the ZemTV service,” the complaint reads.

The owner and operator of TVAddons is listed as Adam Lackman, who resides in Montreal, Canada. This doesn’t really come as a surprise, since Lackman is publicly listed as TVAddons’ owner on Linkedin and was previously named in a Canadian lawsuit.

While both defendants are named, the allegations against them haven’t changed substantially. Both face copyright infringement charges and potentially risk millions of dollars in damages.

Durrani directly infringed Dish’s copyrights by making the streams available, the plaintiffs note. Lackman subsequently profited from this and failed to take any action in response.

“Lackman had the legal right and actual ability to supervise and control this infringing activity because Lackman made the ZemTV add-on, which is necessary to access the ZemTV service, available for download on his websites.

“Lackman refused to take any action to stop the infringement of DISH’s exclusive rights in the programs transmitted through the ZemTV service,” the complaint adds.

TorrentFreak spoke to a TVAddons representative who refutes the copyright infringement allegations. The website sees itself as a platform for user-generated content and cites the DMCA’s safe harbor as a defense.

“TV ADDONS is not a piracy site, it’s a platform for developers of open source add-ons for the Kodi media center. As a community platform filled with user-generated content, we have always acted in accordance with the law and swiftly complied whenever we received a DMCA takedown notice.”

The representative states that it will be very difficult for them to defend themselves against a billion dollar company with unlimited resources, but hopes that the site will prevail.

The new TVAddons

After the original TVAddons.ag domain was seized in the Canadian lawsuit the site returned on TVaddons.co. However, hundreds of allegedly infringing add-ons are no longer listed.

The site previously relied on the DMCA to shield it from liability but apparently, that wasn’t enough. As a result, they now check all submitted add-ons carefully.

“Since complying with the law is clearly not enough to prevent frivolous legal action from being taken against you, we have been forced to implement a more drastic code vetting process,” the TVAddons representative says.

If it’s not entirely clear that an add-on is properly licensed, it won’t be submitted for the time being. This hampers innovation, according to TVAddons, and threatens many communities that rely on user-generated content.

“When you visit any given web site, how can you be certain that every piece of media you see is licensed by the website displaying it? You can assume, but it’s very difficult to be certain. That’s why the DMCA is critical to the existence of online communities.”

Now that both defendants have been named the case will move forward. This may eventually lead to an in-depth discovery process where Dish will try to find more proof that both were knowingly engaging in infringing activity.

Durrani and Lackman, on the other hand, will try to prove their innocence.

A copy of the amended complaint is available here (pdf).

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

Windstream Gives Up Preemptive Fight Over ISP’s Piracy Liability

Post Syndicated from Ernesto original https://torrentfreak.com/windstream-gives-up-preemptive-fight-over-isps-piracy-liability-170920/

Can an Internet provider be held liable for subscribers who share pirated files? Yes, a Virginia federal jury ruled two years ago.

This verdict caused great uncertainty in the ISP industry, as several companies suddenly realized that they could become the next target.

Internet provider Windstream is among the companies that are worried about the fallout. With 1.1 million subscribers nationwide, it is one of the larger Internet providers in the United States. As such, it receives takedown notices on a regular basis.

Many of these notices come from music rights group BMG, which accused Windstream and its subscribers of various copyright infringements. These notices are issued by the monitoring outfit Rightscorp and often come with a settlement demand for the account holders.

When Windstream refused to forward these notices, as it’s not required to do so by law, BMG and Rightscorp increased the pressure. They threatened that the ISP could be liable for millions of dollars in piracy damages for failing to disconnect repeat infringers.

Faced with this threat, Windstream filed a request for declaratory judgment at a New York District Court last year, requesting a legal ruling on the matter. This preemptive lawsuit didn’t turn out as planned for the ISP.

In April the court ruled that there is no ‘actual controversy’ and that it can’t issue a hypothetical and advisory opinion without concrete facts. As such, the case was dismissed for lack of jurisdiction.

Windstream didn’t throw in the towel right away though and appealed the verdict. The ISP argued that the $150,000 in damages per infringement BMG claimed caused a real controversy.

“BMG’s accusations were not idle threats in light of the undisputed fact that BMG had recently obtained a $25,000,000 recovery against another conduit ISP based on similar claims,” the ISP wrote in a brief last month.

“Thus, the undisputed facts conclusively establish that an actual controversy exists to support Windstream’s request for a declaration that it is not liable for any alleged infringement of BMG’s copyrights.”

Despite Windstream’s initial persistence, something changed in recent weeks. Without any prior signs in the court docket, the company has now asked the Judge to dismiss the case entirely, with both parties paying their own costs.

“Windstream respectfully requests that this Court dismiss in full Windstream’s present appeal with prejudice against BMG and Rightscorp, with each party bearing its own costs in this appeal.”

While there is no mention of a settlement of any kind, BMG and Rightscorp do not oppose the request. This effectively means that the case is over. The same previously happened in a similar lawsuit, where Internet provider RCN demanded a declaratory judgment.

This means that all eyes are once again on the case between BMG and Cox Communications, which got this all started and is currently under appeal.

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

EU Prepares Guidelines to Force Google & Facebook to Police Piracy

Post Syndicated from Andy original https://torrentfreak.com/eu-prepares-guidelines-to-force-google-facebook-to-police-piracy-170915/

In the current climate, creators and distributors are forced to play a giant game of whac-a-mole to limit the unlicensed spread of their content on the Internet.

The way the law stands today in the United States, EU, and most other developed countries, copyright holders must wait for content to appear online before sending targeted takedown notices to hosts, service providers, and online platforms.

After sending several billion of these notices, patience is wearing thin, so a new plan is beginning to emerge. Rather than taking down content after it appears, major entertainment industry groups would prefer companies to take proactive action. The upload filters currently under discussion in Europe are a prime example but are already causing controversy.

Continuing the momentum in this direction, Reuters reports that the European Union will publish draft guidelines at the end of this month, urging platforms such as Google and Facebook to take a more proactive approach to illegal content of all kinds.

“Online platforms need to significantly step up their actions to address this problem,” the draft EU guidelines say.

“They need to be proactive in weeding out illegal content, put effective notice-and-action procedures in place, and establish well-functioning interfaces with third parties (such as trusted flaggers) and give a particular priority to notifications from national law enforcement authorities.”

On the copyright front, Google already operates interfaces designed to take down infringing content. And, as the recent agreement in the UK with copyright holders shows, is also prepared to make infringing content harder to find. Nevertheless, it will remain to be seen if Google is prepared to give even ‘trusted’ third-parties a veto on what content can appear online, without having oversight itself.

The guidelines are reportedly non-binding but further legislation in this area isn’t being ruled out for Spring 2018, if companies fail to make significant progress.

Interestingly, however, a Commission source told Reuters that any new legislation would not “change the liability exemption for online platforms.” Maintaining these so-called ‘safe harbors’ is a priority for online giants such as Google and Facebook – anything less would almost certainly be a deal-breaker.

The guidelines, due to be published at the end of September, will also encourage online platforms to publish transparency reports. These should detail the volume of notices received and actions subsequently taken. Again, Google is way ahead of the game here, having published this kind of data for the past several years.

“The guidelines also contain safeguards against excessive removal of content, such as giving its owners a right to contest such a decision,” Reuters adds.

More will be known about the proposals in a couple of weeks but it’s quite likely they’ll spark another round of debate on whether legislation is the best route to tackle illegal content or whether voluntary agreements – which have a tendency to be rather less open – should be the way to go.

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

Australian Government Want ISPs to Adopt Anti-Piracy Code

Post Syndicated from Ernesto original https://torrentfreak.com/australian-government-want-isps-to-adopt-anti-piracy-code-170915/

Australia has been struggling to find an adequate response to online piracy for several years, but progress has been slow.

While pirate site blockades are in effect now, an earlier plan to implement a three-strikes anti-piracy regime failed.

Despite this setback, Australian legislators are still determined to tackle widespread copyright infringement. The most recent effort comes through an overhaul of the country’s copyright regulations, with a new proposal (pdf) to adopt a voluntary anti-piracy code.

The code would apply to carriage service providers, including Internet providers, to agree on a joint anti-piracy strategy. The voluntary code should be supported by “broad consensus” and include technical measures that are “used to protect and identify copyright material.”

The proposal further stresses that the anti-piracy measures should be “non-discriminatory.” They also shouldn’t impose “substantial costs” on the service providers or “substantial burdens on their systems or networks.”

The code proposal

The description of the code is quite broad can include a wide variety of measures, including a new iteration of the “strikes” scheme where copyright holders report copyright infringements. A website blocking agreement, which avoids costly court procedures, also belongs to the options.

An accompanying consultation paper published by the Government stresses that any monitoring measures to track infringements should not interfere with the technology used at the originating sites, ZDNet notes.

While the Government pushes copyright holders and ISPs to come to a voluntary agreement, the failed “three strikes” negotiations suggest that this will be easier said than done.

At the time, the Australasian Music Publishers Association (AMPAL) noted that merely warning users did not go far enough. Instead, they recommended a system where ISPs themselves would implement monitoring and filtering technology to stop piracy.

It appears, however, that extensive monitoring and filtering on the ISPs’ networks goes beyond the scope of the proposed regulations. After all, that would be quite costly and place a significant burden on the ISPs.

The proposed regulations are not limited to the anti-piracy code but also specify how Internet providers should process takedown notices, among other things.

Before any changes are implemented or negotiations begin, the Government is first inviting various stakeholders to share their views. While it doesn’t intend to change the main outline, the Government welcomes suggestions to simplify the current proposal where possible.

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

WordPress Reports Surge in ‘Piracy’ Takedown Notices, Rejects 78%

Post Syndicated from Ernesto original https://torrentfreak.com/wordpress-reports-surge-in-piracy-takedown-notices-rejects-78-170909/

Automattic, the company behind the popular WordPress.com blogging platform, receives thousands of takedown requests from rightsholders.

A few days ago the company published its latest transparency report, showing that it had processed 9,273 requests during the first half of 2017.

This is more than double the amount it received during the same period last year, which is a significant increase. Looking more closely at the numbers, we see that this jump is solely due to an increase in incomplete and abusive requests.

Of all the DMCA notices received, only 22% resulted in the takedown of allegedly infringing content. This translates to 2,040 legitimate requests, which is less than the 2,342 Automattic received during the same period last year.

This logically means that the number of abusive and incomplete DMCA notices has skyrocketed. And indeed, in its most recent report, 78% of all requests were rejected due to missing information or plain abuse. That’s much more than the year before when 42% were rejected.

Automattic’s transparency report (first half of 2017)

WordPress prides itself on carefully reviewing the content of each and every takedown notice, to protect its users. This means checking whether a takedown request is properly formatted but also reviewing the legitimacy of the claims.

“We also may decline to remove content if a notice is abusive. ‘Abusive’ notices may be formally complete, but are directed at fair use of content, material that isn’t copyrightable, or content the complaining party misrepresents ownership of a copyright,” Automattic notes.

During the first half of 2017, a total of 649 takedown requests were categorized as abuse. Some of the most blatant examples go into the “Hall of Shame,” such as a recent case where the Canadian city of Abbotsford tried to censor a parody of its logo, which replaced a pine tree with a turd.

While some abuse cases sound trivial they can have a real impact on website operators, as examples outside of WordPress show. Most recently the operator of Oro Jackson, a community dedicated to the anime series “One Piece,” was targeted with several dubious DMCA requests.

The takedown notices were sent by the German company Comeso and were forwarded through their hosting company Linode. The notices urged the operator to remove various forum threads because they included words of phrases such as “G’day” and “Reveries of the Moonlight,” not actual infringing content.

G’day

Fearing legal repercussions, the operator saw no other option than to censor these seemingly harmless discussions (starting a thread with “G’day”!!), until there’s a final decision on the counter-notice. They remain offline today.

It’s understandable that hosting companies have to be strict sometimes, as reviewing copyright claims is not their core business. However, incidents like these show how valuable the skeptical review process of Automattic is.

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

‘Pirate’ Site Uses DMCA to Remove Pirated Copy from Github

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-site-uses-dmca-to-remove-pirated-copy-from-github-170902/

Every day, copyright holders send out millions of takedown notices to various services, hoping to protect their works.

Pirate sites are usually at the receiving end of these requests but apparently, they can use it to their advantage as well.

A few days ago the operators of sports streaming site soccerstreams.net informed the developer platform GitHub that a copy of their code was being made available without permission.

The targeted repository was created by “mmstart007,” who allegedly copied it from Bitbucket without permission. The operator of the streaming site wasn’t happy with this and sent a DMCA takedown notice to GitHub asking to take the infringing code offline.

“It’s not an open source work its [a] private project we [are] using on our site and that was a private repo on bitbucket and that guy got unauthorized access to it,” Soccerstreams writes.

The operators stress that the repository “must be taken down as soon as possible,” adding the mandatory ‘good faith’ statement.

“I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration,” the complaint reads.

GitHub responded swiftly to the request and pulled the repository offline. Those who try to access it today see the following notification instead.

The people running the Soccer Streams site, which is linked with a similarly named Reddit community, are certainly no strangers to takedown requests themselves. The website and the Reddit community was recently targeted by the Premier League recently for example, which accused it of providing links to copyrighted streams.

While soccerstreams.net regularly links to unauthorized streams and is seen as a pirate site by rightsholders, the site doesn’t believe that it’s doing anything wrong.

It has a dedicated DMCA page on its site stating that all streams are submitted by its users and that they cannot be held liable for any infringements.

While it’s a bit unusual for sites and tools with a “pirate” stigma to issue takedown requests, it’s not unique. Just a few weeks ago one of the popular Sickrage forks was removed from GitHub, following a complaint from another fork.

This episode caused a bit of a stir, but the owner of the targeted Sickrage repository eventually managed to get the project restored after a successful counter-notice.

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