Tag Archives: Takedown

Hosting Provider Steadfast Maintains DMCA Safe Harbor Defense For Trial

Post Syndicated from Ernesto original https://torrentfreak.com/hosting-provider-steadfast-maintains-dmca-safe-harbor-defense-for-trial-180212/

Two years ago, adult entertainment publisher ALS Scan dragged several third-party Internet services to court.

The company targeted several companies including CDN provider CloudFlare and the Chicago-based hosting company Steadfast, accusing them of copyright infringement because they offered services to pirate sites.

The case against Steadfast is getting close to trial and to start with an advantage, ALS Scan recently asked the court for partial summary judgment, determining that the hosting company contributed to copyright infringement and that it has no safe harbor protection.

ALS argued that Steadfast refused to shut down the servers of the image sharing platform Imagebam.com, which was operated by its client Flixya. ALS Scan described the site as a repeat offender, as it had been targeted with dozens of DMCA notices, and accused Steadfast of turning a blind eye to the situation.

Steadfast, for its part, fiercely denied the allegations. The hosting provider admitted that it leased servers to Flixya for ten years but said that it forwarded all notices to its client. The hosting company could not address individual infringements, other than shutting down the entire site, which would have been disproportionate in their view.

A few days ago California District Court Judge George Wu ruled on the matter, denying ALS’s motion for summary judgment.

Both sides made sensible arguments on the contributory infringement issue, but it is by no means undisputed that the hosting provider ‘contributed’ to the infringing activities. The court, therefore, left this question open for the jury to determine at trial.

“Ultimately, both sides have raised triable issues of fact with respect to material contribution. As a result, the Court would deny Plaintiff’s Motion,” Judge Wu writes.

ALS also sought summary judgment on the DMCA safe harbor protection issue, but the court denied this request as well. While it’s clear that the hosting company never terminated a customer for repeat infringements, it’s not clear whether it was ever in a situation where it needed to.

The DMCA requires Internet services to implement a meaningful repeat infringer policy, but in this case, Steadfast’s client Imagebam reportedly had a takedown policy of its own, which complicates the issue.

“While the fact Steadfast has never terminated one of its own customers for infringement is potentially damaging to its ability to fit the safe harbor, Plaintiff has not established that Steadfast faced a situation requiring it to terminate one of its users,” Judge Wu writes.

“Even in the present case it is unclear that Steadfast needed to terminate Flixya’s account given Flixya itself had a policy that was arguably successful at removing infringing images from imagebam.com.”

Judge Wu adds that safe harbor defenses are generally left to the jury, and this is what he decided as well.

As a result, ALS’s entire motion for summary judgment is denied. This is good news for Steadfast, who will have their safe harbor defense available at the upcoming trial. However, they will likely celebrate this win with caution, as the jury makes its ultimate decision.

A copy of the court’s order 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

Cloudflare Hit With Piracy Lawsuit After Abuse Form ‘Fails’

Post Syndicated from Ernesto original https://torrentfreak.com/cloudflare-hit-with-piracy-lawsuit-after-abuse-form-fails-180210/

Seattle-based artist Christopher Boffoli is no stranger when it comes to suing tech companies for aiding copyright infringement of his work.

Boffoli has filed lawsuits against Imgur, Twitter, Pinterest, Google, and others, which were dismissed and/or settled out of court under undisclosed terms.

This month he filed a new case against another intermediary, Cloudflare, which has had its fair share of piracy allegations in recent years.

In common with other companies, Cloudflare is accused of contributing to copyright infringements of Boffoli’s “Big Appetites” miniatures series. In this case, several Cloudflare customers allegedly posted these photos on their sites which were then reproduced on the servers of the CDN provider.

The lawsuit mentions that the infringing copies were posted on unique-landscape.com and baklol.com. This was also pointed out to Cloudflare by Boffoli, who sent the company DMCA takedown notices in October and November of last year.

While the photographer received an automated response, the photos in question remained online. Through the lawsuit, Boffoli hopes this will change.

“CloudFlare induced, caused, or materially contributed to the Infringing Websites’ publication,” the complaint reads. “CloudFlare had actual knowledge of the Infringing Content. Boffoli provided notice to CloudFlare in compliance with the DMCA, and CloudFlare failed to disable access to or remove the Infringing Websites.”

The photographer is asking the court to order an injunction preventing Cloudflare from making his work available. In addition, the complaint asks for actual and statutory damages for willful copyright infringement. With at least four photos in the lawsuit, the potential damages are more than half a million dollars.

While it’s not mentioned in the complaint, the email communication between Boffoli and Cloudflare goes further than just an automated response. Court records show that the photographer initially didn’t ask Cloudflare to remove the infringing photos. Instead, he asked the CDN provider to forward them to the ISP or site owner.

“I would be grateful if you would forward this DMCA takedown request to the website owner and ISP so these infringing links can immediately be removed,” it read.

Part of the email communication

From then on things escalated a bit. The emails reveal that Boffoli had trouble reporting the infringing photos through the required form.

When the photographer pointed this out in a direct email, Cloudflare urged him to try the form again as that was the only way to send the DMCA request to the designated copyright agent.

“The DMCA doesn’t require us to process reports not sent to our registered agent as per our registration with the US Copyright Office. Our registered copyright agent is the form located at cloudflare.com/abuse/form and you may proceed via that avenue,” Cloudflare wrote.

If the case moves forward, Cloudflare may use this to argue that it never received a proper DMCA takedown notice. However, Boffoli wasn’t planning on trying again and instead threatened a lawsuit, unless Cloudflare took immediate action.

“As I have said, your form did not work for me despite repeated attempts to use it. And it is insulting for you to suggest that it’s working fine when it is not. So again, this is absolutely my last attempt to get you to respond to this infringement for which you are impeding the removal,” Boffoli wrote.

“If you take no action now I will forward this to my legal team this week. It is more than enough of a burden to have to waste countless hours policing my own copyrights without organizations like Cloudflare running interference for copyright infringers. I am not averse to asking a federal judge to compel you to deal with these copyright infringements. And I will seek statutory damages for contributory infringement at that time.”

As it turns out, that was not an idle threat.

—-

A copy of the complaint is available here (pdf) and the email exhibits can be found here (pdf).

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Rightscorp Has a Massive Database of ‘Repeat Infringers’ to Pursue

Post Syndicated from Ernesto original https://torrentfreak.com/rightscorp-has-a-massive-database-of-repeat-infringers-to-pursue-180208/

Last week the Fourth Circuit Court of Appeals ruled that ISPs are required to terminate ‘repeat infringers’ based on allegations from copyright holders alone, a topic that has been contested for years.

This means that copyright holders now have a bigger incentive to send takedown notices, as ISPs can’t easily ignore them. That’s music to the ears of the various piracy tracking companies, Rightscorp included.

The piracy monetization company always maintained that multiple complaints from copyright holders are enough to classify someone as a repeat infringer, without a court order, and the Fourth Circuit has now reached the same conclusion.

“After years of uncertainty on these issues, it is gratifying for the US Court of Appeals to proclaim the law on ISP liability for subscriber infringements to be essentially what Rightscorp has always said it is,” Rightscorp President Christopher Sabec says.

Rightscorp is pleased to see that the court shares its opinion since the verdict also provides new business opportunities. The company informs TorrentFreak that it’s ready to help copyright holders to hold ISPs responsible.

“Rightscorp has always stood with content holders who wish to protect their rights against ISPs that are not taking action against repeat infringers,” Sabec tells us.

“Now, with the law addressing ISP liability for subscriber infringements finally sharpened and clarified at the appellate level, we are ready to support all efforts by rights holders to compel ISPs to abide by their responsibilities under the DMCA.”

The piracy tracking company has a treasure trove of piracy data at its disposal to issue takedown requests or back lawsuits. Over the past five years, it amassed nearly a billion “records” of copyright infringements.

“Rightscorp’s data records include no less the 969,653,557 infringements over the last five years,” Sabec says.

This number includes a lot of repeat infringers, obviously. It’s made up of IP-addresses downloading the same file on several occasions and/or multiple files over time.

While it’s unlikely that account holders will be disconnected based on infringements that happened years ago, this type of historical data can be used in court cases. Rightscorp’s infringement notices are the basis of the legal action against Cox, and are being used as evidence in a separate RIAA case against ISP Grande communications as well.

Grande previously said that it refused to act on Rightcorp’s notices because it doubts their accuracy, but the tracking company contests this. That case is still ongoing and a final decision has yet to be reached.

For now, however, Rightcorp is marketing its hundreds of thousands of recorded copyright infringements as an opportunity for rightsholders. And for a company that can use some extra cash in hand, that’s good news.

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

RIAA: Cox Ruling Shows that Grande Can Be Liable for Piracy Too

Post Syndicated from Ernesto original https://torrentfreak.com/riaa-cox-ruling-shows-that-grande-can-be-liable-for-piracy-too-180207/

Regular Internet providers are being put under increasing pressure for not doing enough to curb copyright infringement.

Last year several major record labels, represented by the RIAA, filed a lawsuit in a Texas District Court, accusing ISP Grande Communications of turning a blind eye on its pirating subscribers.

“Despite their knowledge of repeat infringements, Defendants have permitted repeat infringers to use the Grande service to continue to infringe Plaintiffs’ copyrights without consequence,” the RIAA’s complaint read.

Grande disagreed with this assertion and filed a motion to dismiss the case. The ISP argued that it doesn’t encourage any of its customers to download copyrighted works, and that it has no control over the content subscribers access.

The Internet provider didn’t deny that it received millions of takedown notices through the piracy tracking company Rightscorp. However, it believed that these notices are flawed and not worthy of acting upon.

The case shows a lot of similarities with the legal battle between BMG and Cox Communications, in which the Fourth Circuit Court of Appeals issued an important verdict last week.

The appeals court overturned the $25 million piracy damages verdict against Cox due to an erroneous jury instruction but held that the ISP lost its safe harbor protection because it failed to implement a meaningful repeat infringer policy.

This week, the RIAA used the Fourth Circuit ruling as further evidence that Grande’s motion to dismiss should be denied.

The RIAA points out that both Cox and Grande used similar arguments in their defense, some of which were denied by the appeals court. The Fourth Circuit held, for example, that an ISP’s substantial non-infringing uses does not immunize it from liability for contributory copyright infringement.

In addition, the appeals court also clarified that if an ISP wilfully blinds itself to copyright infringements, that is sufficient to satisfy the knowledge requirement for contributory copyright infringement.

According to the RIAA’s filing at a Texas District Court this week, Grande has already admitted that it willingly ‘ignored’ takedown notices that were submitted on behalf of third-party copyright holders.

“Grande has already admitted that it received notices from Rightscorp and, to use Grande’s own phrase, did not ‘meaningfully investigate’ them,” the RIAA writes.

“Thus, even if this Court were to apply the Fourth Circuit’s ‘willful blindness’ standard, the level of knowledge that Grande has effectively admitted exceeds the level of knowledge that the Fourth Circuit held was ‘powerful evidence’ sufficient to establish liability for contributory infringement.”

As such, the motion to dismiss the case should be denied, the RIAA argues.

What’s not mentioned in the RIAA’s filing, however, is why Grande chose not to act upon these takedown notices. In its defense, the ISP previously explained that Rightcorp’s notices lacked specificity and were incapable of detecting actual infringements.

Grande argued that if they acted on these notices without additional proof, its subscribers could lose their Internet access even though they are using it for legal purposes. The ISP may, therefore, counter that it wasn’t willfully blind, as it saw no solid proof for the alleged infringements to begin with.

“To merely treat these allegations as true without investigation would be a disservice to Grande’s subscribers, who would run the risk of having their Internet service permanently terminated despite using Grande’s services for completely legitimate purposes,” Grande previously wrote.

This brings up a tricky issue. The Fourth Circuit made it clear last week that ISPs require a meaningful policy against repeat infringers in respond to takedown notices from copyright holders. But what are the requirements for a proper takedown notice? Do any and all notices count?

Grande clearly has no faith in the accuracy of Rightscorp’s technology but if their case goes in the same direction as Cox’s, that might not make much of a difference.

A copy of the RIAA’s summary of supplemental authority 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

Blizzard Targets Fan-Created ‘World of Warcraft’ Legacy Server

Post Syndicated from Ernesto original https://torrentfreak.com/blizzard-targets-fan-created-world-of-warcraft-legacy-server-180203/

Over the years video game developer Blizzard Entertainment has published many popular game titles, including World of Warcraft (WoW).

First released in 2004, the multiplayer online role-playing game has been a massive success. It holds the record for the most popular MMORPG in history, with over 100 million subscribers.

While the current game looks entirely different from its first release, there are many nostalgic gamers who still enjoy the earlier editions. Unfortunately, however, they can’t play them. At least not legally.

The only option WoW fans have is to go to unauthorized fan projects which recreate the early gaming experience, such as Light’s Hope.

“We are what’s known as a ‘Legacy Server’ project for World of Warcraft, which seeks to emulate the experience of playing the game in its earliest iterations, including advancing through early expansions,” the project explains.

“If you’ve ever wanted to see what World of Warcraft was like back in 2004 then this is the place to be. Our goal is to maintain the same feel and structure as the realms back then while maintaining an open platform for development and operation.”

In recent years the project has captured the hearts of tens of thousands of die-hard WoW fans. At the time of writing, the most popular realm has more than 6,000 people playing from all over the world. Blizzard, however, is less excited.

The company has asked the developer platform GitHub to remove the code repository published by Light’s Hope. Blizzard’s notice targets several SQL databases stating that the layout and structure is nearly identical to the early WoW databases.

“The LightsHope spell table has identical layout and typically identical field names as the table from early WoW. We use database tables to represent game data, like spells, in WoW,” Blizzard writes.

“In our code, we use .sql files to represent the data layout of each table […]. MaNGOS, the platform off of which Light’s Hope appears to be built, uses a similar structure. The LightsHope spell_template table matches almost exactly the layout and field names of early WoW client database tables.”

This takedown notice had some effect, as people now see a “repository unavailable due to DMCA takedown” message when they access it in their browser.

While this may slow down development temporarily, it appears that the server itself is still running just fine. There were some downtime reports earlier this week, but it’s unknown whether that was related.

In addition to the GitHub repository, the official Twitter account was also suspended recently.

TorrentFreak contacted both Blizzard and Light’s Hope earlier this week for a comment on the situation. At the time of publication, we haven’t heard back.

Blizzard’s takedown notice comes just weeks after several organizations and gaming fans asked the US Copyright Office to make a DMCA circumvention exemption for “abandoned” games, including older versions of popular MMORPGs.

While it’s possible that such an exemption is granted in the future, it’s unlikely to apply to the public at large. The more likely scenario is that it would permit libraries, researchers, and museums to operate servers for these abandoned games.

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

Appeals Court Throws Out $25 Million Piracy Verdict Against Cox, Doesn’t Reinstate “Safe Harbor”

Post Syndicated from Ernesto original https://torrentfreak.com/appeals-court-throws-out-25-million-piracy-verdict-against-cox-doesnt-reinstate-safe-harbor-180201/

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 in the jury instructions. In addition, it asked for a clarification of the term “repeat infringer” in its favor.

Today the Court of Appeals for the Fourth Circuit ruled on the matter in a mixed decision which could have great consequences.

The Court ruled that the District Court indeed made a mistake in its jury instruction. Specifically, it said that the ISP could be found liable for contributory infringement if it “knew or should have known of such infringing activity.” The Court of Appeals agrees that based on the law, the “should have known” standard is too low.

When this is the case the appeals court can call for a new trial, and that is exactly what it did. This means that the $25 million verdict is off the table, and the same is true for the millions in attorney’s fees and costs BMG was previously granted.

It’s not all good news for Cox though. The most crucial matter in the case is whether Cox has safe harbor protection under the DMCA. In order to qualify, the company is required to terminate accounts of repeat infringers, when appropriate.

Cox argued that subscribers can only be seen as repeat infringers if they’ve been previously adjudicated in court, not if they merely received several takedown notices. This was still an open question, as the term repeat infringer is not clearly defined in the DMCA.

Today, however, the appeals court is pretty clear on the matter. According to Judge Motz’s opinion, shared by HWR, the language of the DMCA suggests that the term “infringer” is not limited to adjudicated infringers.

This is supported by legislative history as the House Commerce and Senate Judiciary Committee Reports both explained that “those who repeatedly or flagrantly abuse their access to the Internet through disrespect for the intellectual property rights of others should know that there is a realistic threat of losing that access.”

“The passage does not suggest that they should risk losing Internet access only once they have been sued in court and found liable for multiple instances of infringement,” Judge Motz writes in her opinion.

Losing Internet access would hardly be a “realistic threat” that would stop someone from pirating if he or she has already been punished several times in court, the argument goes.

This leads the Court of Appeals to conclude that the District Court was right: Cox is not entitled to safe harbor protection because it failed to implement a meaningful repeat infringer policy.

“Cox failed to qualify for the DMCA safe harbor because it failed to implement its policy in any consistent or meaningful way — leaving it essentially with no policy,” Judge Motz writes.

This means that, while Cox gets a new trial, it is still at a severe disadvantage. Not only that, the Court of Appeals interpretation of the repeat infringer question is also a clear signal to other Internet service providers to disconnect pirates based on repeated copyright holder complaints.

Judge Motz’s full opinion is available here (pdf).

Udemy Targets ‘Pirate’ Site Giving Away its Paid Courses For Free

Post Syndicated from Andy original https://torrentfreak.com/udemy-targets-pirate-site-giving-away-its-paid-courses-for-free-180129/

While there’s no shortage of people who advocate free sharing of movies and music, passions are often raised when it comes to the availability of educational information.

Significant numbers of people believe that learning should be open to all and that texts and associated materials shouldn’t be locked away by copyright holders trying to monetize knowledge. Of course, people who make a living creating learning materials see the position rather differently.

A clash of these ideals is brewing in the United States where online learning platform Udemy has been trying to have some of its courses taken down from FreeTutorials.us, a site that makes available premium tutorials and other learning materials for free.

Early December 2017, counsel acting for Udemy and a number of its individual and corporate instructors (Maximilian Schwarzmüller, Academind GmbH, Peter Dalmaris, Futureshock Enterprises, Jose Marcial Portilla, and Pierian Data) wrote to FreeTutorials.us with DMCA takedown notice.

“Pursuant to 17 U.S.C. § 512(c)(3)(A) of the Digital Millennium Copyright Act (‘DMCA’), this communication serves as a notice of infringement and request for removal of certain web content available on freetutorials.us,” the letter reads.

“I hereby request that you remove or disable access to the material listed in Exhibit A in as expedient a fashion as possible. This communication does not constitute a waiver of any right to recover damages incurred by virtue of any such unauthorized activities, and such rights as well as claims for other relief are expressly retained.”

A small sample of Exhibit A

On January 10, 2018, the same law firm wrote to Cloudflare, which provides services to FreeTutorials. The DMCA notice asked Cloudflare to disable access to the same set of infringing content listed above.

It seems likely that whatever happened next wasn’t to Udemy’s satisfaction. On January 16, an attorney from the same law firm filed a DMCA subpoena at a district court in California. A DMCA subpoena can enable a copyright holder to obtain the identity of an alleged infringer without having to file a lawsuit and without needing a signature from a judge.

The subpoena was directed at Cloudflare, which provides services to FreeTutorials. The company was ordered to hand over “all identifying information identifying the owner, operator and/or contact person(s) associated with the domain www.freetutorials.us, including but not limited to name(s), address(es), telephone number(s), email address(es), Internet protocol connection records, administrative records and billing records from the time the account was established to the present.”

On January 26, the date by which Cloudflare was ordered to hand over the information, Cloudflare wrote to FreeTutorials with a somewhat late-in-the-day notification.

“We received the attached subpoena regarding freetutorials.us, a domain managed through your Cloudflare account. The subpoena requires us to provide information in our systems related to this website,” the company wrote.

“We have determined that this is a valid subpoena, and we are required to provide the requested information. In accordance with our Privacy Policy, we are informing you before we provide any of the requested subscriber information. We plan to turn over documents in response to the subpoena on January 26th, 2018, unless you intervene in the case.”

With that deadline passing last Friday, it’s safe to say that Cloudflare has complied with the subpoena as the law requires. However, TorrentFreak spoke with FreeTutorials who told us that the company doesn’t hold anything useful on them.

“No, they have nothing,” the team explained.

Noting that they’ll soon dispense with the services of Cloudflare, the team confirmed that they had received emails from Udemy and its instructors but hadn’t done a lot in response.

“How about a ‘NO’? was our answer to all the DMCA takedown requests from Udemy and its Instructors,” they added.

FreeTutorials (FTU) are affiliated with FreeCoursesOnline (FCO) and seem passionate about what they do. In common with others who distribute learning materials online, they express a belief in free education for all, irrespective of financial resources.

“We, FTU and FCO, are a group of seven members assorted as a team from different countries and cities. We are JN, SRZ aka SunRiseZone, Letap, Lihua Google Drive, Kaya, Zinnia, Faiz MeemBazooka,” a spokesperson revealed.

“We’re all members and colleagues and we also have our own daily work and business stuff to do. We have been through that phase of life when we didn’t have enough money to buy books and get tuition or even apply for a good course that we always wanted to have, so FTU & FCO are just our vision to provide Free Education For Everyone.

“We would love to change our priorities towards our current and future projects, only if we manage to get some faithful FTU’ers to join in and help us to grow together and make FTU a place it should be.”

TorrentFreak requested comment from Udemy but at the time of publication, we were yet to hear back. However, we did manage to get in touch with Jonathan Levi, an Udemy instructor who sent this takedown notice to the site in October 2017:

“I’m writing to you on behalf of SuperHuman Enterprises, LLC. You are in violation of our copyright, using our images, and linking to pirated copies of our courses. Remove them IMMEDIATELY or face severe legal action….You have 48 hours to comply,” he wrote, adding:

“And in case you’re going to say I don’t have evidence that I own the files, it’s my fucking face in the videos.”

Levi says that the site had been non-responsive so now things are being taken to the next level.

“They don’t reply to takedowns, so we’ve joined a class action lawsuit against FTU lead by Udemy and a law firm specializing in this type of thing,” Levi concludes.

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

Court Orders Hosting Provider to Stop Pirate Premier League Streams

Post Syndicated from Ernesto original https://torrentfreak.com/court-orders-hosting-provider-to-stop-pirate-premier-league-streams-180126/

In many parts of the world football, or soccer as some would call it, is the number one spectator sport.

The English Premier League, widely regarded as one the top competitions, draws hundreds of millions of viewers per year. Many of these pay for access to the matches, but there’s also a massive circuit of unauthorized streams.

The Football Association Premier League (FAPL) has been clamping down on these pirate sources for years. In the UK, for example, it obtained a unique High Court injunction last year, which requires local Internet providers to block streams as they go live.

In addition, the organization has also filed legal action against a hosting provider through which several live sports streaming sites are operating. The case in question was filed in the Netherlands where Ecatel LTD, a UK company, operated several servers.

According to the complaint, Ecatel hosted sites such as cast247.tv, streamlive.to and iguide.to, which allowed visitors to watch live Premier League streams without paying.

As the streaming platforms themselves were not responsive to takedown requests, the Premier League demanded action from their hosting provider. Specifically, they wanted the company to disconnect live streams on their end, by null-routing the servers of the offending customer.

This week the Court of The Hague issued its judgment, which is a clear win for the football association.

The Court ruled that, after the hosting company receives a takedown notice from FAPL or one of its agents, Ecatel must disconnect pirate Premier League streams within 30 minutes.

“[The Court] recommends that, after 24 hours of service of this judgment, Ecatel cease and discontinue any service used by third parties to infringe the copyright to FAPL by promptly but no later than 30 minutes after receipt of a request to that end,” the verdict reads.

The ban can be lifted after the game has ended, making it a temporary measure similar to the UK Internet provider blockades. If Ecatel fails to comply, it faces a penalty of €5,000 for each illegal stream, to a maximum of € 1,500,000.

While the order is good news for the Premier League, it will be hard to enforce, since Ecatel LTD was dissolved last year. Another hosting company called Novogara was previously linked with Ecatel and is still active, but that is not mentioned in the court order.

This means that the order will mostly be valuable as a precedent. Especially since it goes against an earlier order from 2015, which Emerce pointed out. This warrants a closer look at how the Court reached its decision.

In its defense, Ecatel had argued that an obligation to disconnect customers based on a takedown notice would be disproportionate and violate its entrepreneurial freedoms. The latter is protected by the EU Charter of Fundamental Rights.

The Court, however, highlights that there is a clash between the entrepreneurial rights of Ecatel and the copyrights of FAPL in this case. This requires the Court to weigh these rights to see which prevails over the other.

According to the verdict, the measures Ecatel would have to take to comply are not overly costly. The company already null-routed customers who failed to pay, so the technical capabilities are there.

Ecatel also argued that disconnecting a server could affect legal content that’s provided by its customers. However, according to the Court, Ecatel is partly to blame for this, as it does business with customers who seemingly don’t have a proper takedown process themselves. This is something the company could have included in their contracts.

As a result, the Court put the copyrights of FAPL above the entrepreneurial freedom rights of the hosting provider.

The second right that has to be weighed is the public’s right to freedom of expression and information. While the Court rules that this right is limited by the measures, it argues that the rights of copyright holders weigh stronger.

“Admittedly, this freedom [of expression and information] is restricted, but according to the order, this will only apply for the duration of the offending streams. Furthermore, as said, this will only take place if the stream has not already been blocked in another way,” the Court writes.

If any legal content is affected by the measures then the offending streaming platform itself will experience more pressure from users to deal with the problem, and offer a suitable takedown procedure to prevent similar problems in the future, the Court notes.

TorrentFreak reached out to FAPL and Ecatel’s lawyers for a comment on the verdict but at the time of writing we haven’t heard back.

The verdict appears to be a powerful precedent for copyright holders. Kim Kuik, director of local anti-piracy group BREIN, is pleased with the outcome. While BREIN was not involved in this lawsuit, it previously sued Ecatel in another case.

“It is a good precedent. An intermediary like Ecatel has its accountability and must have an effective notice and take down procedure,” Kuik tells TorrentFreak.

“Too bad it wasn’t also against the people behind Ecatel, who now can continue using another vehicle. The judge thinks this verdict serves a warning to them. Time will tell if that is so.”

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

Pirate Bay Founder’s Domain Service “Mocks” NY Times Legal Threats

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-bay-founders-domain-service-mocks-ny-times-legal-threats-180125/

Back in the day, The Pirate Bay was famous for its amusing responses to legal threats. Instead of complying with takedown notices, it sent witty responses to embarrass the senders.

Today the notorious torrent site gives copyright holders the silent treatment, but the good-old Pirate Bay spirit still lives on elsewhere.

Earlier today the anonymous domain registration service Njalla, which happens to be a venture of TPB co-founder Peter Sunde, posted a series of noteworthy responses it sent to The New York Times’ (NYT) legal department.

The newspaper warned the registration service about one of its customers, paywallnews.com, which offers the news service’s content without permission. Since this is a violation of The Times’ copyrights, according to the paper, Njalla should take action or face legal consequences.

NYT: Accordingly, we hereby demand that you immediately provide us with contact information — including email addresses — for both the actual owner of the paywallnew.com website, and for the hosting provider on which the paywallnew.com website is located.

If we have not heard from you within three (3) business days of receipt of this letter, we will have no choice but to pursue all available legal remedies.

Njalla is no stranger to threats of this kind but were somewhat offended by the harsh language, it seems. The company, therefore, decided to inform the NYT that there are more friendly ways to reach out.

Njalla: Thanks for that lovely e-mail. It’s always good to communicate with people that in their first e-mail use words as “we demand”, “pursue all available legal remedies” and so forth. I’d like to start out with some free (as in no cost) advice: please update your boiler threat letters to actually try what most people try first: being nice. It’s not expensive (actually the opposite) and actually it works much better than your method (source: a few tens of thousands years of human development that would not have been as efficient with threats as it would have been with cooperation).

In addition, Njalla also included a request of its own. They kindly asked (no demand) the newspaper’s legal department for proof that they are who they say they are. You can never be too cautious, after all.

Njalla: Now, back to the questions you sent us. We’re not sure who you are, so in order to move further we’d like to see a copy of your ID card, as well as a notarised power of attorney showing that you are actually representing the people you’re claiming to do.

This had the desired effect, for Njalla at least. The NYT replied with an apology for the tough language that was used, noting that they usually deal with companies that employ people who are used to reading legal documents.

The newspaper did, however, submit a notarized letter signed by the company’s Executive Vice President, General Counsel and Secretary, and once again asked for details on the Njalla customer.

NYT: Once again, as I mention above, the referenced website is stealing large amounts of New York Times content. If you click on this link: http://www.paywallnews.com/sites/nytimes

As this abuse — aside from being an egregious infringement of The Times’s copyright — breaches your own Terms of Service, I hope you will be able to see your way to helping me to put a stop to this practice by providing me with the name and contact information for the owner of paywallnews.com and for the ISP on which it is hosted.

This is when things started to get really interesting. Founded by someone with an extensive background in “sharing,” Njalla clearly has a different definition of stealing than the NYT’s legal department.

The reply, which is worth reading in full along with the rest of the communication, makes this quite clear.

Njalla: Stealing content seem quite harsh of this website though, didn’t know that they did that! Is there anyway you can get the stolen items back though? You should either go to the police and request them to help you get the stolen items back. Or maybe talk to your insurance company, they might help to compensate you for the loss. But a helpful idea; if they’ve stolen something and then put copies of that on a website that you can freely access, I would suggest just copying it, so that both of you have the same things. That’s a great thing with the digital world, everyone can have copies of things. I am surprised they stole something when they could just have copied it. I’m guessing it’s some older individuals that don’t know the possibilities of modern day technology to make copies.

It’s obvious that the domain registration service makes a clear distinction between copying and stealing.

Piracy vs. Theft

In addition, Njalla contests that the site is problematic at all, noting that this might be a “cultural difference.”

Njalla spotted something even more worrying though. The NYT claims that the site in question violates its terms of service. Specifically, they reference the section that prohibits sites from spreading content that is illegal according to local law.

Is the NYT perhaps spreading illegal content itself, Njalla questions?

Njalla: Deborah, I was quite shocked and appalled that you referred to this part of our ToS. It made me actually not visit the website in question even though you’ve linked it now a few times. You’re admitting to spreading illegal content at your newspaper, for profit, is that correct?

We’re quite big proponents of freedom of speech, let me assure you of that, but we also have limits. If you spread illegal content, and our customers stole that illegal content and are now handing out free copies of that, that’s a huge issue for us. Since it would be illegal for us to get those copies if they’re illegal, I’m asking you what type of content it is?

As an attachment to the reply, Njalla also sent back a “notarized” letter of their own, by simply copying the NYT letter and sticking their own logo on it, to show how easily these can be fabricated.

TorrentFreak reached out to Sunde who informed us that they never heard from The New York Times after the last reply. As a domain registrant, Njalla is not obliged to comply with takedown requests, he explains.

“If they need help from us on copyright issues, they’re totally missing what we’re doing, and that they should look somewhere else anyhow. But I think most domain services gets tons of these threat emails, and a lot of them think they’re responsible because they don’t have access to legal help and just shut customers down.

“That’s what a lot of our customers say at least, since they migrated from a shitty service which doesn’t know their own business,” Sunde adds.

The NYT is not completely without options though. If they take the case to court in Sweden and win an injunction against paywallnews.com, Njalla will comply. The same is true if a customer really violates the terms of service.

Meanwhile, paywallnews.com remains online.

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

New Kodi Addon Tool Might Carry Interesting Copyright Liability Implications

Post Syndicated from Andy original https://torrentfreak.com/new-kodi-addon-tool-might-carry-interesting-copyright-liability-implications-180124/

Kodi is the now ubiquitous media player taking the world by storm. In itself it’s a great piece of software but augmented with third-party software it can become a piracy powerhouse.

This software, known collectively as ‘add-ons’, enables Kodi to do things it was never designed for such as watching pirated movies, TV shows, and live sports. As a result, it’s the go-to media platform for millions around the globe, but for those distributing the add-ons, there can be risks attached.

As one of the most prominent Kodi-related sites around, TVAddons helped to distribute huge numbers of add-ons. The platform insists that if any add-on infringed copyright, it was only too willing to remove them under a DMCA-like regime. Last year, however, it became clear that copyright holders would prefer to sue TVAddons (1,2) than ask for takedowns.

With those lawsuits still ongoing, the site was left with a dilemma. Despite add-ons being developed and uploaded by third-parties, rightsholders are still trying to hold TVAddons responsible for what those add-ons can do. It’s a precarious situation that has led to TVAddons not having its own repository/repo (a place where the addons are stored for users to download) since the site ran into trouble last summer.

Now, however, the site has just launched a new tool which not only provides some benefits for users looking for addons, but also attempts to shift some liability for potential infringement away from the service and onto a company with much broader shoulders.

TVAddons’ Github Browser was released yesterday and is available via the platform’s Indigo tool. Its premise is simple.

Since many third-party Kodi add-ons are developed and first made available on Github, the world’s leading software development platform, why don’t users install them directly from there instead?

The idea is that this might reduce liability for distributors like TVAddons but could also present benefits for users, as they can be assured that they’re getting add-ons directly from the source.

Github Browser welcome screen

“Before the GitHub Browser, when an end user wanted to install a particular addon, they’d first have to download the necessary repository from either Fusion Installer or an alternative,” a TV addons spokesperson informs TF.

“This new feature gives the end user the ability to easily install any Kodi addon, and empowers developers to distribute their addons independently, without having to align themselves with a particular release group or web site.”

Aside from the benefits to users, it also means that TVAddons can provide its users with access to third-party add-ons without having to curate, store, or distribute them itself. In future, storage and distribution aspects can be carried out by Github, which has actually been the basic behind-the-scenes position for some time.

“GitHub has always been the leading host of Kodi addons, and also respects the law. The difference is, they are big enough to not be bullied by draconian legal maneuvers used by big corporations to censor the internet. We also felt that developers should be able to develop without having to comply with our rules, or any other Kodi web site’s rules for that matter,” TVAddons explain.

The screenshot of the Github Browser below reveals a text-heavy interface that will probably mean little to the low-level user of Kodi who bought his device already setup from a seller. However, those more familiar with the way Kodi functions will recognize that the filenames relate to add-ons which can now be directly installed via the browser.

The Github Browser

While the approach may seem basic or even inaccessible at first view, that wrongfully discounts the significant resources available to the sprawling third-party Kodi add-on community.

Dozens of specialist blogs and thousands of YouTube videos report in detail on the most relevant addons, providing all of the details users will need to identify and locate the required software. Developer usernames could be a good starting point, TVAddons suggests.

“We have already seen many social media posts, blogs and developers advertising their GitHub usernames in order to make it easier for users to find them,” the site explains.

From our tests, it appears that users really have to do all the work themselves. There doesn’t appear to be any add-on curation and users must know what they’re looking for in advance. Indeed, entering the Github usernames of developers who produce software that has nothing to do with Kodi can still present zip file results in the browser. Whether this will prove problematic later on will remain to be seen.

While most keen users won’t have a problem using the Github Browser, there is the question of whether redirecting the focus to the development platform will cause copyright holders to pay more attention to Github.

This has certainly happened in the past, such as when the Federation Against Copyright Theft targeted the SportsDevil add-on and had it removed from Github. It’s also worth noting that Github doesn’t appear to challenge takedown requests, so add-ons could be vulnerable if the heat gets turned up.

Nevertheless, TVAddons believes that the open source nature of most addons coupled with Github’s relative strength means that they’ll be able to stand up to most threats.

“Open source code lives on forever, it’s impossible to scrub the internet of freely distributed legitimate code. I think that GitHub is in a better position to legitimately assess and enforce the DMCA than us. They won’t be sued out of nowhere in circumvention of the DMCA in similar fashion to what we have been the victim of,” TVAddons says.

Several years ago, when The Pirate Bay got rid of torrents and relied on magnet links instead, the platform became much more compact, thus saving on bandwidth. The lack of a repository at TVAddons has also had benefits for the site. Previously it was consuming around 3PB (3,000,000 gigabytes) of bandwidth a month, with a hosting provider demanding $25,000 per month not to discontinue business.

Finally, the team says it is working on new browser features for the future, including repository distribution over torrents. Only time will tell how this new system will be viewed by copyright holders but even with add-on hosting taken care of externally, any form of curation could be instantly frowned upon, with serious consequences.

Details of the browser can be found here.

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

NAFTA Negotiations Heat Up Copyright “Safe Harbor” Clash

Post Syndicated from Ernesto original https://torrentfreak.com/nafta-negotiations-heat-up-copyright-safe-harbor-clash-180123/

The North American Free Trade Agreement (NAFTA) between the United States, Canada, and Mexico was negotiated more than 25 years ago.

Over the past quarter-century trade has changed drastically, especially online, so the United States is now planning to modernize the international deal.

One of the topics that has received a lot of interest from various experts and stakeholders are safe harbors. In the US, Internet services are shielded from copyright infringement liability under the safe harbor provisions of the DMCA, but in Mexico and Canada, that’s not the case.

The latest round of NAFTA renegotiations are currently taking place in Montreal and this is heating up the debate once again. Several legal scholars and advocacy groups believe that such US-style safe harbor provisions are essential for Internet services to operate freely on the Internet.

A group of more than fifty Internet law experts and organizations made this clear in a letter sent to the negotiators this week, urging them to make safe harbors part of the new deal.

“When NAFTA was negotiated, the Internet was an obscure electronic network. Since then, the Internet has become a significant — and essential — part of our societies and our economies,” the letter reads.

“To acknowledge this, if a modernized NAFTA contains a digital trade chapter, it should contain protections for online intermediaries from liability for third party online content, similar to the United States’ ‘Section 230’.”

The safe harbors in the Communications Decency Act and the DMCA ensure that services which deal with user-generated content, including Google, YouTube, Facebook, Twitter, and Wikipedia, are shielded from liability.

This immunity makes it easier for new user-generated services to launch, without the fear of expensive lawsuits, the argument goes.

However, not everyone sees it this way. In a letter cited by Variety, a group of 37 industry groups urges U.S. Trade Representative Robert Lighthizer to negotiate ‘strong’ safe harbor protections. Strong, in this case, means that simply responding to takedown notices is not always enough.

“If these anti-IP voices succeed, they will turn long-standing trade policy, with creativity and innovation at its core, on its head by transforming our trade agreements into blueprints for how to evade liability for IP theft,” they write.

The MPAA and RIAA, which also signed the letter, previously stressed that the current US safe harbors are not working. These industry groups believe that services such as YouTube exploit their safe harbor immunity and profit from it.

The RIAA, therefore, wants any negotiated safe harbor provisions in NAFTA to be flexible in the event that the DMCA is tightened up in response to the ongoing safe harbor rules study.

So, what should a content industry-approved safe harbor look like then?

The music industry group says that these should only be available to passive platforms that are not actively engaged in communicating and do not generate any revenue from pirated content. This would exclude YouTube and many other Internet services.

While it’s clear that the ideas of both camps are hard to unite, there’s still the question of whether there will be a new and improved NAFTA version at all. President Trump has previously threatened to terminate the agreement.

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

US Govt Brands Torrent, Streaming & Cyberlocker Sites As Notorious Markets

Post Syndicated from Andy original https://torrentfreak.com/us-govt-brands-torrent-streaming-cyberlocker-sites-as-notorious-markets-180115/

In its annual “Out-of-Cycle Review of Notorious Markets” the office of the United States Trade Representative (USTR) has listed a long list of websites said to be involved in online piracy.

The list is compiled with high-level input from various trade groups, including the MPAA and RIAA who both submitted their recommendations (1,2) during early October last year.

With the word “allegedly” used more than two dozen times in the report, the US government notes that its report does not constitute cast-iron proof of illegal activity. However, it urges the countries from where the so-called “notorious markets” operate to take action where they can, while putting owners and facilitators on notice that their activities are under the spotlight.

“A goal of the List is to motivate appropriate action by owners, operators, and service providers in the private sector of these and similar markets, as well as governments, to reduce piracy and counterfeiting,” the report reads.

“USTR highlights the following marketplaces because they exemplify global counterfeiting and piracy concerns and because the scale of infringing activity in these marketplaces can cause significant harm to U.S. intellectual property (IP) owners, consumers, legitimate online platforms, and the economy.”

The report begins with a page titled “Issue Focus: Illicit Streaming Devices”. Unsurprisingly, particularly given their place in dozens of headlines last year, the segment focus on the set-top box phenomenon. The piece doesn’t list any apps or software tools as such but highlights the general position, claiming a cost to the US entertainment industry of $4-5 billion a year.

Torrent Sites

In common with previous years, the USTR goes on to list several of the world’s top torrent sites but due to changes in circumstances, others have been delisted. ExtraTorrent, which shut down May 2017, is one such example.

As the world’s most famous torrent site, The Pirate Bay gets a prominent mention, with the USTR noting that the site is of “symbolic importance as one of the longest-running and most vocal torrent sites. The USTR underlines the site’s resilience by noting its hydra-like form while revealing an apparent secret concerning its hosting arrangements.

“The Pirate Bay has allegedly had more than a dozen domains hosted in various countries around the world, applies a reverse proxy service, and uses a hosting provider in Vietnam to evade further enforcement action,” the USTR notes.

Other torrent sites singled out for criticism include RARBG, which was nominated for the listing by the movie industry. According to the USTR, the site is hosted in Bosnia and Herzegovina and has changed hosting services to prevent shutdowns in recent years.

1337x.to and the meta-search engine Torrentz2 are also given a prime mention, with the USTR noting that they are “two of the most popular torrent sites that allegedly infringe U.S. content industry’s copyrights.” Russia’s RuTracker is also targeted for criticism, with the government noting that it’s now one of the most popular torrent sites in the world.

Streaming & Cyberlockers

While torrent sites are still important, the USTR reserves considerable space in its report for streaming portals and cyberlocker-type services.

4Shared.com, a file-hosting site that has been targeted by dozens of millions of copyright notices, is reportedly no longer able to use major US payment providers. Nevertheless, the British Virgin Islands company still collects significant sums from premium accounts, advertising, and offshore payment processors, USTR notes.

Cyberlocker Rapidgator gets another prominent mention in 2017, with the USTR noting that the Russian-hosted platform generates millions of dollars every year through premium memberships while employing rewards and affiliate schemes.

Due to its increasing popularity as a hosting and streaming operation, Openload.co (Romania) is now a big target for the USTR. “The site is used frequently in combination with add-ons in illicit streaming devices. In November 2017, users visited Openload.co a staggering 270 million times,” the USTR writes.

Owned by a Swiss company and hosted in the Netherlands, the popular site Uploaded is also criticized by the US alongside France’s 1Fichier.com, which allegedly hosts pirate games while being largely unresponsive to takedown notices. Dopefile.pk, a Pakistan-based storage outfit, is also highlighted.

On the video streaming front, it’s perhaps no surprise that the USTR focuses on sites like FMovies (Sweden), GoStream (Vietnam), Movie4K.tv (Russia) and PrimeWire. An organization collectively known as the MovShare group which encompasses Nowvideo.sx, WholeCloud.net, NowDownload.cd, MeWatchSeries.to and WatchSeries.ac, among others, is also listed.

Unauthorized music / research papers

While most of the above are either focused on video or feature it as part of their repertoire, other sites are listed for their attention to music. Convert2MP3.net is named as one of the most popular stream-ripping sites in the world and is highlighted due to the prevalence of YouTube-downloader sites and the 2017 demise of YouTube-MP3.

“Convert2MP3.net does not appear to have permission from YouTube or other sites and does not have permission from right holders for a wide variety of music represented by major U.S. labels,” the USTR notes.

Given the amount of attention the site has received in 2017 as ‘The Pirate Bay of Research’, Libgen.io and Sci-Hub.io (not to mention the endless proxy and mirror sites that facilitate access) are given a detailed mention in this year’s report.

“Together these sites make it possible to download — all without permission and without remunerating authors, publishers or researchers — millions of copyrighted books by commercial publishers and university presses; scientific, technical and medical journal articles; and publications of technological standards,” the USTR writes.

Service providers

But it’s not only sites that are being put under pressure. Following a growing list of nominations in previous years, Swiss service provider Private Layer is again singled out as a rogue player in the market for hosting 1337x.to and Torrentz2.eu, among others.

“While the exact configuration of websites changes from year to year, this is the fourth consecutive year that the List has stressed the significant international trade impact of Private Layer’s hosting services and the allegedly infringing sites it hosts,” the USTR notes.

“Other listed and nominated sites may also be hosted by Private Layer but are using
reverse proxy services to obfuscate the true host from the public and from law enforcement.”

The USTR notes Switzerland’s efforts to close a legal loophole that restricts enforcement and looks forward to a positive outcome when the draft amendment is considered by parliament.

Perhaps a little surprisingly given its recent anti-piracy efforts and overtures to the US, Russia’s leading social network VK.com again gets a place on the new list. The USTR recognizes VK’s efforts but insists that more needs to be done.

Social networking and e-commerce

“In 2016, VK reached licensing agreements with major record companies, took steps to limit third-party applications dedicated to downloading infringing content from the site, and experimented with content recognition technologies,” the USTR writes.

“Despite these positive signals, VK reportedly continues to be a hub of infringing activity and the U.S. motion picture industry reports that they find thousands of infringing files on the site each month.”

Finally, in addition to traditional pirate sites, the US also lists online marketplaces that allegedly fail to meet appropriate standards. Re-added to the list in 2016 after a brief hiatus in 2015, China’s Alibaba is listed again in 2017. The development provoked an angry response from the company.

Describing his company as a “scapegoat”, Alibaba Group President Michael Evans said that his platform had achieved a 25% drop in takedown requests and has even been removing infringing listings before they make it online.

“In light of all this, it’s clear that no matter how much action we take and progress we make, the USTR is not actually interested in seeing tangible results,” Evans said in a statement.

The full list of sites in the Notorious Markets Report 2017 (pdf) can be found below.

– 1fichier.com – (cyberlocker)
– 4shared.com – (cyberlocker)
– convert2mp3.net – (stream-ripper)
– Dhgate.com (e-commerce)
– Dopefile.pl – (cyberlocker)
– Firestorm-servers.com (pirate gaming service)
– Fmovies.is, Fmovies.se, Fmovies.to – (streaming)
– Gostream.is, Gomovies.to, 123movieshd.to (streaming)
– Indiamart.com (e-commerce)
– Kinogo.club, kinogo.co (streaming host, platform)
– Libgen.io, sci-hub.io, libgen.pw, sci-hub.cc, sci-hub.bz, libgen.info, lib.rus.ec, bookfi.org, bookzz.org, booker.org, booksc.org, book4you.org, bookos-z1.org, booksee.org, b-ok.org (research downloads)
– Movshare Group – Nowvideo.sx, wholecloud.net, auroravid.to, bitvid.sx, nowdownload.ch, cloudtime.to, mewatchseries.to, watchseries.ac (streaming)
– Movie4k.tv (streaming)
– MP3VA.com (music)
– Openload.co (cyberlocker / streaming)
– 1337x.to (torrent site)
– Primewire.ag (streaming)
– Torrentz2, Torrentz2.me, Torrentz2.is (torrent site)
– Rarbg.to (torrent site)
– Rebel (domain company)
– Repelis.tv (movie and TV linking)
– RuTracker.org (torrent site)
– Rapidgator.net (cyberlocker)
– Taobao.com (e-commerce)
– The Pirate Bay (torrent site)
– TVPlus, TVBrowser, Kuaikan (streaming apps and addons, China)
– Uploaded.net (cyberlocker)
– VK.com (social networking)

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

Are Torrent Sites Using DMCA Notices to Quash Their Competition?

Post Syndicated from Ernesto original https://torrentfreak.com/are-torrent-sites-using-dmca-notices-to-quash-their-competition-180114/

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

While most of these requests are legitimate, the process is also being abused. Google prominently features examples of such dubious DMCA requests in its transparency report.

This week we were contacted by the owner of YTS.me after he noticed some unusual activity. In recent weeks his domain name has been targeted with a series of takedown notices from rather unusual people.

Senders with names such as Niklas Glockner, Michelle Williams, Maria Baader, Stefan Kuefer, Anja Herzog, and Markus Ostermann asked Google to remove thousands of YTS.me URLs.

Every notice lists just one movie title, but hundreds of links, most of which have nothing to do with the movie in question.

A few URLs from a single notice

These submitters are all relatively new and there is no sign that they are authorized by the applicable copyright holder. This, and the long list of irrelevant URLs suggest that these DMCA notices are abusive.

The owner of YTS.me believes that the senders have a clear motive. The purpose of the notices is to remove well-ranked pages and push the targeted sites down in Google’s search results.

“These all are fake people names submitting fake DMCA complaints and are not authorized to submit complaints,” the YTS.me operator notes.

“Even if they are real people they would have submitted, or are authorized to submit, complaints for only a few titles. Instead, they submit fake complaints and submit all the URLs possible on our website to degrade its ranking.”

The question that remains is, who is responsible for these notices? Looking at the list of sites that are targeted by these abusive senders we see a pattern emerge. They all target copycats of defunct sites such as YTS and ExtraTorrent.

Markus Osterman’s activity

This leads the YTS.me operator to the conclusion that one of its main competitors is sending these notices. While there is no hard evidence, it seems plausible that another YTS copycat is attempting to take the competition out of Google’s search results to gain more exposure itself.

YTS.me has a good idea of who the perpetrator(s) are – a person or group that also operates several other copycat sites. Thus far there’s no bulletproof evidence though, but it’s a likely explanation.

In any case, the DMCA takedown requests are definitely out of order and warrant further investigation by Google.

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

Media Giant Can Keep Seized Ad Revenue From Pirate Sites

Post Syndicated from Ernesto original https://torrentfreak.com/media-giant-can-keep-seized-ad-revenue-from-pirate-sites-180109/

For several decades the MPAA and RIAA have been the prime anti-piracy groups in the United States.

While that may be true, there’s another player making a massive impact, while getting barely any press.

ABS-CBN, the largest media and entertainment company in the Philippines, has filed a series of lawsuits against pirate sites in the US, with the popular streaming portal Fmovies as the biggest target.

The company has already won several cases with damages ranging from a few hundred thousand to millions of dollars. However, the associated injunctions in these cases are perhaps even more significant.

We previously covered how ABS-CBN managed to get court orders to seize domain names, without the defendants getting actively involved. This is also the case in a recent lawsuit where a Florida federal court signed a broad injunction targeting more than two dozen sites that offered the company’s content.

The websites, including abscbn-teleserye.com, dramascools.com, tvnijuan.org, pinoydailyshows.com and weeklywarning.org, may not be known to a broad audience but their domain names have all been suspended, linking to a takedown message instead.

What’s most interesting, however, is that the advertising revenues of these sites were previously frozen. This was done to ensure that ABS-CBN would at least get some money if the defendants failed to respond, a strategy that seems to have paid off.

After the targeted site owners failed to respond, ABS-CBN requested a default judgment with damages for trademark and copyright infringement.

U.S. District Court Judge Cecilia Altonaga has now signed the order, awarding the media company over a million dollars in statutory trademark infringement damages. In addition, several of the sites must also pay copyright infringement damages.

Damages

The default judgment also orders associated registrars and registries to hand over the domain names to ABS-CBN. Thus far several domains have been seized already, but some foreign companies have not complied, most likely because they fall outside the US jurisdiction.

The most interesting part of the order, however, is that Judge Altonaga grants ABS-CBN the previously seized advertising revenues.

“All funds currently restrained by the advertising services, networks, and/or platforms […], pursuant to the temporary restraining order and preliminary injunction in this action are to be immediately (within five business days) transferred to Plaintiffs in partial satisfaction of the monetary judgment entered herein against each Defendant,” the Judge writes.

List of sites and their ad-networks

The sites in question used advertising services from a variety of well-known networks, including Google Adsense, MGID, Popads, AdsKeeper, and Bidvertiser. None of these companies responded in court after the initial seizure order, suggesting that they did not object.

This is the first time, to our knowledge, that a copyright holder has been granted advertising revenue from pirate sites in this manner. While it’s not known how much revenue the sites were making, there is bound to be some.

This could be a common legal tactic going forward because, generally speaking, it is very hard to get money from defaulting defendants who are relatively anonymous, or living in a foreign jurisdiction. By going after the advertisers, copyright holders have a good chance of securing some money, at least.

A copy of the default judgment is available here (pdf) and all affected websites are listed below.

– abscbn-teleserye.com
– astigvideos.com
– cinepinoy.lol
– cinepinoy.ag
– pinoyflix.ag
– pinoyflix.lol
– cinezen.me
– dramascools.com
– dramasget.com
– frugalpinoytv.org
– lambingan.cn
– pinoylambingan.ph
– lambingan.io
– lambingans.net
– latestpinoymovies.com
– pinasnews.net
– pinastvreplay.com
– pinoybay.ch
– pinoychannel.me
– pinoydailyshows.com
– pinoyplayback.net
– pinoytvshows.net
– pinoytv-shows.net
– rondownload.net
– sarapmanood.com
– tambayanshow.net
– thelambingan.com
– tvnijuan.org
– tvtambayan.org
– vianowpe.com
– weeklywarning.org
– weeklywarning.com

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

Dish Network Files Two Lawsuits Against Pirate IPTV Providers

Post Syndicated from Andy original https://torrentfreak.com/dish-network-files-two-lawsuits-against-pirate-iptv-providers-180103/

In broad terms, there are two types of unauthorized online streaming of live TV. The first is via open-access websites where users can view for free. The second features premium services to which viewers are required to subscribe.

Usually available for a few dollars, euros, or pounds per month, the latter are gaining traction all around the world. Service levels are relatively high and the majority of illicit packages offer a dazzling array of programming, often putting official providers in the shade.

For this reason, commercial IPTV providers are considered a huge threat to broadcasters’ business models, since they offer a broadly comparable and accessible service at a much cheaper price. This is forcing companies such as US giant Dish Networks to court, seeking relief.

Following on from a lawsuit filed last year against Kodi add-on ZemTV and TVAddons.ag, Dish has just filed two more lawsuits targeting a pair of unauthorized pirate IPTV services.

Filed in Maryland and Texas respectively, the actions are broadly similar, with the former targeting a provider known as Spider-TV.

The suit, filed against Dima Furniture Inc. and Mohammad Yusif (individually and collectively doing business as Spider-TV), claims that the defendants are “capturing
broadcasts of television channels exclusively licensed to DISH and are unlawfully retransmitting these channels over the Internet to their customers throughout the United States, 24 hours per day, 7 days per week.”

Dish claim that the defendants profit from the scheme by selling set-top boxes along with subscriptions, charging around $199 per device loaded with 13 months of service.

Dima Furniture is a Maryland corporation, registered at Takoma Park, Maryland 20912, an address that is listed on the Spider-TV website. The connection between the defendants is further supported by FCC references which identify Spider devices in the market. Mohammad Yusif is claimed to be the president, executive director, general manager, and sole shareholder of Dima Furniture.

Dish describes itself as the fourth largest pay-television provider in the United States, delivering copyrighted programming to millions of subscribers nationwide by means of satellite delivery and over-the-top services. Dish has acquired the rights to do this, the defendants have not, the broadcaster states.

“Defendants capture live broadcast signals of the Protected Channels, transcode these signals into a format useful for streaming over the Internet, transfer the transcoded content to one or more servers provided, controlled, and maintained by Defendants, and then transmit the Protected Channels to users of the Service through
OTT delivery, including users in the United States,” the lawsuit reads.

It’s claimed that in July 2015, Yusif registered Spider-TV as a trade name of Dima Furniture with the Department of Assessments and Taxation Charter Division, describing the business as “Television Channel Installation”. Since then, the defendants have been illegally retransmitting Dish channels to customers in the United States.

The overall offer from Spider-TV appears to be considerable, with a claimed 1,300 channels from major regions including the US, Canada, UK, Europe, Middle East, and Africa.

Importantly, Dish state that the defendants know that their activities are illegal, since the provider sent at least 32 infringement notices since January 20, 2017 demanding an end to the unauthorized retransmission of its channels. It went on to send even more to the defendants’ ISPs.

“DISH and Networks sent at least thirty-three additional notices requesting the
removal of infringing content to Internet service providers associated with the Service from February 16, 2017 to the filing of this Complaint. Upon information and belief, at least some of these notices were forwarded to Defendants,” the lawsuit reads.

But while Dish says that the takedowns responded to by the ISPs were initially successful, the defendants took evasive action by transmitting the targeted channels from other locations.

Describing the defendants’ actions as “willful, malicious, intentional [and] purposeful”, Dish is suing for Direct Copyright Infringement, demanding a permanent injunction preventing the promotion and provision of the service plus statutory damages of $150,000 per registered work. The final amount isn’t specified but the numbers are potentially enormous. In addition, Dish demands attorneys’ fees, costs, and the seizure of all infringing articles.

The second lawsuit, filed in Texas, is broadly similar. It targets Mo’ Ayad Al
Zayed Trading Est., and Mo’ Ayad Fawzi Al Zayed (individually and collectively doing business as Tiger International Company), and Shenzhen Tiger Star Electronical Co., Ltd, otherwise known as Shenzhen Tiger Star.

Dish claims that these defendants also illegally capture and retransmit channels to customers in the United States. IPTV boxes costing up to $179 including one year’s service are the method of delivery.

In common with the Maryland case, Dish says it sent almost two dozen takedown notices to ISPs utilized by the defendants. These were also countered by the unauthorized service retransmitting Dish channels from other servers.

The biggest difference between the Maryland and Texas cases is that while Yusif/Spider/Dima Furniture are said to be in the US, Zayed is said to reside in Amman, Jordan, and Tiger Star is registered in Shenzhen, China. However, since the unauthorized service is targeted at customers in Texas, Dish states that the Texas court has jurisdiction.

Again, Dish is suing for Direct Infringement, demanding damages, costs, and a permanent injunction.

The complaints can be found here and here.

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Google Blocks Pirate Search Results Prophylactically

Post Syndicated from Ernesto original https://torrentfreak.com/google-blocks-pirated-search-results-prophylactically-180103/

On an average day, Google processes more than three million takedown notices from copyright holders, and that’s for its search engine alone.

Under the current DMCA legislation, US-based Internet service providers are expected to remove infringing links, if a copyright holder complains.

This process shields these services from direct liability. In recent years there has been a lot of discussion about the effectiveness of the system, but Google has always maintained that it works well.

This was also highlighted by Google’s copyright counsel Caleb Donaldson, in an article he wrote for the American Bar Association’s publication Landslide.

“The DMCA provided Google and other online service providers the legal certainty they needed to grow,” Donaldson writes.

“And the DMCA’s takedown notices help us fight piracy in other ways as well. Indeed, the Web Search notice-and-takedown process provides the cornerstone of Google’s fight against piracy.”

The search engine does indeed go beyond ‘just’ removing links. The takedown notices are also used as a signal to demote domains. Websites for which it receives a lot of takedown notices will be placed lower in search results, for example.

These measures can be expanded and complemented by artificial intelligence in the future, Google’s copyright counsel envisions.

“As we move into a world where artificial intelligence can learn from vast troves of data like these, we will only get better at using the information to better fight against piracy,” Donaldson writes.

Artificial intelligence (AI) is a buzz-term that has a pretty broad meaning nowadays. Donaldson doesn’t go into detail on how AI can fight piracy. It could help to spot erroneous notices, on the one hand, but can also be applied to filter content proactively.

The latter is something Google is slowly opening up to.

Over the past year, we’ve noticed on a few occasions that Google is processing takedown notices for non-indexed links. While we assumed that this was an ‘error’ on the sender’s part, it appears to be a new policy.

“Google has critically expanded notice and takedown in another important way: We accept notices for URLs that are not even in our index in the first place. That way, we can collect information even about pages and domains we have not yet crawled,” Donaldson writes.

In other words, Google blocks URLs before they appear in the search results, as some sort of piracy vaccine.

“We process these URLs as we do the others. Once one of these not-in-index URLs is approved for takedown, we prophylactically block it from appearing in our Search results, and we take all the additional deterrent measures listed above.”

Some submitters are heavily relying on the new feature, Google found. In some cases, the majority of the submitted URLs in a notice are not indexed yet.

The search engine will keep a close eye on these developments. At TorrentFreak, we also found that copyright holders sometimes target links that don’t even exist. Whether Google will also accept these takedown requests in the future, is unknown.

It’s clear that artificial intelligence and proactive filtering are becoming more and more common, but Google says that the company will also keep an eye on possible abuse of the system.

“Google will push back if we suspect a notice is mistaken, fraudulent, or abusive, or if we think fair use or another defense excuses that particular use of copyrighted content,” Donaldson notes.

Artificial intelligence and prophylactic blocking surely add a new dimension to the standard DMCA takedown procedure, but whether it will be enough to convince copyright holders that it works, has yet to be seen.

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Hosting Provider Steadfast Fights to Keep DMCA Safe Harbor

Post Syndicated from Ernesto original https://torrentfreak.com/hosting-provider-steadfast-fights-to-keep-dmca-safe-harbor-171230/

Last year, adult entertainment publisher ALS Scan dragged several third-party Internet services to court.

The company targeted several companies including CDN provider CloudFlare and the Chicago-based hosting company Steadfast, accusing them of copyright infringement because they offered services to pirate sites.

More than a year has passed and both sides have yet to resolve their differences.

ALS Scan recently asked the court for a partial summary judgment, determining that Steadfast contributed to copyright infringement and that it has no safe harbor protection. If this was granted, the hosting provider would be in serious trouble.

The copyright holder argued that Steadfast refused to shut down the servers of the image sharing platform imagebam.com, which was operated by its client Flixya. ALS Scan sees the site as a repeat offender as it was targeted with dozens of DMCA notices, and accuses Steadfast of turning a blind eye to the situation.

In a new filing submitted this month, Steadfast fiercely denies the allegations. The hosting provider indeed leased servers to Flixya for ten years but says it forwarded all notices to its client.

The hosting company could not address individual infringements, other than shutting down the entire site, which would be disproportionate in their view.

“Steadfast had no ability to terminate services to individual users of Imagebam.com other than unilaterally shutting down the entire server which would have violated the law. Imagebam.com was not a pirate site when it was operated by Flixya,” Steadfast informs the court.

“Steadfast was not a direct infringer; Steadfast’s client Flixya was not a direct infringer. The direct infringers of the ALS content were the users of Flixya’s Imagebam.com website. Discovery has shown that many, if not all the infringers of the ALS content, were actually ALS’s own members who posted ALS content with impunity.”

Interestingly, the users who posted pirated images on the site were ALS Scan’s own customers. According to Steadfast, ALS took absolutely no steps to curb these infringements themselves.

Instead, ALS hired an agent, Steve Easton, to track down infringements on external sites and issue takedown requests. Steadfast received several of these as well, but believes it responded appropriately, even though the notices were not DMCA compliant.

“Once Easton sent his legally insufficient notices to Steadfast, Steadfast immediately forwarded the notices to Flixya. In turn, Flixya disabled access to the allegedly infringing works that were hosted on imagebam.com,” the company writes.

While ALS Claims that imagebam.com was a repeat offender, Steadfast sees things differently. They point out that Flixya is a service provider as well, and that they were the ones who had to address the alleged infringements.

It would certainly not be an “appropriate circumstance” to disconnect the servers of an entire website, not in the way Congress intended the DMCA to work, the hosting provider notes.

“An ‘appropriate circumstance’ to terminate a user does not include terminating a user who follows the law. Here, the facts in the record demonstrate that Flixya did not blatantly infringe copyright,” Steadfast writes.

“Rather, the facts show that Flixya complied with the DMCA. Flixya posted the required DMCA information on its imagebam.com website, had users agree to the terms of service, and informed users that his or her account will be terminated.”

The hosting provider wants the case to be thrown out, but ALS Scan clearly disagrees. According to the copyright holder, Steadfast should have terminated the imagebam.com servers.

“Steadfast maintained its own theory that if its own client was an Internet service provider, Steadfast had no burden to terminate services to its client, or indeed take any action, in response to notifications of infringement,” ALS writes.

“The law is that a service provider must stop providing services to whomever it is providing such services as long as such services materially contribute to infringement.”

It is now up to the court to decide whether Steadfast is indeed liable. If the company loses its safe harbor, this will have implications for the broader hosting industry.

It would essentially mean that large hosting companies are responsible for the infringing content that their clients’ users upload or link to, which could get quite messy.

Steadfast’s response is available here (pdf) and ALS Scan’s reply can be found here (pdf).

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Kodi Piracy and Addon Predictions for 2018

Post Syndicated from Andy original https://torrentfreak.com/kodi-piracy-and-addon-predictions-for-2018-171228/

During 2017, Kodi and its sea of third-party addons hit the headlines hundreds of times.

Streaming in this fashion became a massive deal throughout the year and eventually, copyright holders decided to take action, cracking down on groups such as TVAddons, ZemTV, and addons offered by jsergio123 and The_Alpha.

In November, the problems continued when the Ares Project, the group behind the hugely popular Ares Wizard and Kodi repository, threw in the towel after being threatened by the MPA-led anti-piracy coalition Alliance for Creativity and Entertainment.

The combined might of Columbia, Disney, Paramount, Twentieth Century Fox, Universal, Warner, Netflix, Amazon, and Sky TV was too much, leading to Ares Project leader Tekto shutting everything down.

This was a significant development. Over a two year period, Ares serviced an estimated 100 million users. After interviewing Tekto last month, today we catch up with the developer again, listening to his thoughts on how the scene might further develop in 2018 and what threats lie ahead.

TF: Could you tell us a bit about Kodi’s suitability as an unauthorized streaming platform moving forward? Is it flexible enough to deal with threats, is its current development effort sufficient, do addon developers like the way it works, and how could it be improved?

Tekto: The public awareness of Kodi and the easy ways with which it can be customised via builds and its open source nature makes it the perfect platform for Python coders. It’s easy to fork, copy, adapt and learn, and it’s good for “builders” who modify, personalize, and “brand”.

It’s also easy for users to obtain, install, and work with the plethora of wizards and addons etc, all backed by up blogs and YouTube tutorials. It’s the perfect open source platform to develop and customise to access a massive range of content. Content that may well be contentious but regardless, it is publicly available all over the web.

TF: Obviously Kodi is the big thing at the moment but other apps, such as Showbox, TerrariumTV, and similar products are carving a decent niche for themselves. Where do you see the market sitting on these kinds of products moving forward and are they a threat to Kodi’s dominance?

Tekto: The apps and other services don’t offer the same level of personalization. That’s what will keep a certain dedicated following happy with Kodi. We’ve had Plex, Streamio, Emby and so on, but none offer the flexibility of Kodi.

TF: Does Kodi have any major weaknesses that you know of? Is it under threat from other systems perhaps?

Tekto: Lets not forget we had CCcam [card sharing] for a decade and with Sky [UK TV provider] changing their encryption to end that source, a myriad of IPTV providers sprung up to replace it. All that killing the CCcam method has done, is moved people off CCcam to IPTV. It hasn’t stopped piracy or access to “premium content”, it just moved somewhere else. It probably also makes the providers more money than CCcam accounts ever did.

TF: There have been a lot of legal threats in 2017. Are third-party addon developers and their community under serious threat?

Tekto: If Kodi third-party devs “stopped”, something else would take over. All the Android apps that have sprung up (some have been around a while anyway) are already filling some gaps or giving options for those looking to stream.

Having tried some of these, I have to say for non-tech users there are two or three apps that will suit them perfectly. Others need more work and fewer invasive ads to be more successful. Will Kodi stop? No. It is evolving and finding a new path. It has to. Well, the coders have to, at least.

TF: What is your overall assessment of the various legal attacks this year?

Tekto: What is being missed by all these legal “efforts” is the removal of the sources being accessed. Whilst the sources exist, apps and Kodi add-ons will find ways to access them.

Did taking out a few Kodi devs and a wizard remove any content? Did it stop just one movie from being accessed? No. It did nothing to stop piracy. It did, however, give those receiving HUGE fees to act for the various movie and broadcasters, something to write on their “success” boards and reports.

It just upset users for a few days whilst things adapted to the new situation. The Kodi builds listed on Ares all had their own wizards anyway – so they all carried on working. All the add-ons on Ares were mostly linked to Github, so they carried on working anyway.

The takedown of guys working on the URL resolver for Covenant didn’t work at all. The code still works and if you add, let’s say, Real Debrid, it won’t ever stop working, even Exodus still works! Let’s add to this that Covenant was then forked five or six times and re-marketed.

I’d say it probably increased “acts of copyright infringement” or at least access to “copyright infringing material”. TV Addons immediately took over development of the “URL resolver”, so it will be maintained and fixes for it released.

The URL resolver module uses regex – regular expressions to emulate a web browser (for the most part). Let that sink in; A URL resolver is a way to bypass a web browser, as most of the content is hosted on “publicly accessible” websites, that still remain publicly available with or without Covenant or whatever the forks are called.

TF: Sp there isn’t a Doomsday scenario?

Tekto: If the Kodi third-party scene is somehow stopped – all Wizards, builds, etc were all stopped this very second – there would be a dozen new apps for Android in weeks. Meanwhile, there are hundreds of websites you could switch to, to watch the same content. ACE, MPA etc need to wake up to that fact.

TF: One of the big deals this year, as far as the legal position goes, has been the clarification of “communication to the public” following cases at the European level featuring [pirate box seller] Filmspeler and The Pirate Bay. How do you think this will affect the addon and build scenes moving forward?

Tekto: I’ve long believed that Kodi wizards and scraper addons operated in a way that wasn’t illegal, in that they never provided content, never actually handled the copyright protected files themselves.

It still remains my belief that the recent efforts to use the Ziggo [Pirate Bay] ruling concerning “communicating to the public” is directly linked to torrents or at the very least actually providing content itself. It may be legal “saber rattling” – however standing your ground in the face of a well-funded legal behemoth is beyond hobbyists.

TF: An addon developer I spoke with recently said that fellow addon developers will need to be smarter in future, perhaps by developing addons that aren’t so obviously infringing and are more general in their functionality. Do you feel this is a route they’re likely to take and will it make any difference? How do you think a more ‘underground’ scene will affect the situation on the ground?

Tekto: Going Underground? Most will say grab a VPN and you’re safe – take note that a VPN isn’t enough. They may not get your logs, but they will get your payment info, or the times you are online tagged against another log etc. Anything like PayPal, Gmail, AdSense, etc is 100% out too – they will give people up in a heartbeat. People will have to avoid Facebook, Twitter and so on, as again, they will also link back to the “real you”.

I expect more will move to Tor as a first level of hiding their identities. Hosting via Tor-only sites might be a way to avoid some obvious methods of tracing people. Add-on devs could access Github and release code without ever having to reveal who they are.

Let’s not get into the whole “freedom of speech” etc scenario, however. It should mean that any developer should realistically make much greater efforts to hide their identities.

TF: Thank you for your time, Tekto. Any final messages for the readers?

Tekto: Yes, our Ares Wizard has returned. It’s a mainentance tool now.

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FilePursuit Finds Amazing Files All Year Round, Not Just at Christmas

Post Syndicated from Andy original https://torrentfreak.com/filepursuit-finds-amazing-files-all-year-round-not-just-at-christmas-171225/

Ask someone to name a search engine and it’s likely that 95 out of 100 will say ‘Google’. There are plenty of others, of course, but its sheer dominance means that even giants like Bing have to wait around for a mention.

However, if people are looking for something special, such as video and music files, for example, there’s an interesting search engine that’s largely flying under the radar. FilePursuit, accessible via the web or directly from its dedicated Android apps, is somewhat of a revelation.

What FilePursuit does is trawl the Internet looking for web servers that are not only packed with content but are readily accessible to the outside world. This means that a search on the site invariably turns up treasure troves of material, all of it for immediate and direct HTTP download.

TorrentFreak caught up with the operator of the site who himself is a very interesting character.

“I’m a 21-year-old undergrad student from New Delhi, India, currently studying engineering. I started this file search engine project all by myself to learn web development and this is my first project,” he informs TF.

“I picked this project because I was surprised to find that there are lots of ‘open directory’ websites and no one is maintaining any type of record or database on them. There are thousands of ‘open directory’ websites containing a lot of amazing stuff not discovered yet, so I made them discoverable.”

Plenty of files from almost any search

FilePursuit began its life around September 2016 and since then has been receiving website submission requests (sites to be indexed by FilePursuit) from people all over the world. As such the platform is somewhat of a community effort but in respect of running the operation, it’s all done by one man.

“FilePursuit saves time in two ways: by eliminating the need to find file manually, and by performing searches at high speeds efficiently. Without this, you would have to look at sites one by one and pore over the contents of each carefully – a tedious prospect,” he explains.

“FilePursuit automatically compares your criteria to billions of webpages and gives you results in a fraction of a second. You can perform hundreds of searches in the course of a few minutes, altering the criteria as you narrow down results.”

So if Google dominates the search space, why doesn’t it do a better job of finding files than the relatively low-key FilePursuit? Its operator says it’s all about functionality.

“FilePursuit is a file search engine, it generates file links as results while other search engines give out webpages as results. However, it’s possible to search for file links directly from Google too but it’s limited to documents only. On FilePursuit you can search for almost any filetype just by selecting ‘custom’ and typing filetype in search results.”

Of course, it would be impossible for FilePursuit to find any files if webmasters and server operators didn’t leave them open to the public. Considering it’s simplicity itself to find all the latest movies and TV shows widely accessible, is this a question of stupidity, kindness, carelessness, or something else?

“In my opinion, most people are unaware that they have created an open directory and on the other hand some people want to share interesting files from their servers, which is very generous of them,” FilePursuit’s creator says.

When carrying out searches it really is amazing what FilePursuit can turn up. Files lead to directory results and some can contain many thousands of files, from every music artist one can think of through to otherwise private text files that people really should take more care over. Other things are really quite odd.

“When I look for ‘open directory’ websites, sometimes I find really amazing stuff and sometimes even bizarre stuff too. This one time, I found a collection of funeral recordings,” FilePursuit’s owner says.

While even funeral recordings can have a copyright owner somewhere, it’s the more regular mainstream content that’s most easily found with the service. The site doesn’t carry any copyrighted content at all but that doesn’t mean it’s unresponsive to takedown demands.

“I have more than three million file links indexed in my database so it can be a bit hard for me to check for copyrighted content. Although whenever I receive a mail from copyright holders or someone representing copyright holders, I always uphold their request of deleting the file link from my database and also explain to them that the file link they requested me to delete, that particular file may still exist.”

In recent months, FilePursuit has enjoyed a significant upsurge in traffic but it’s still a relatively small player in the search engine space with around 7,000 to 10,000 hits per day. However, this clever site is able to deal with five times that traffic and upgrading servers to cope with surges can be carried out in two to three minutes, “at most.”

So the big question remains – What will you find under the tree today?

FilePursuit website here, Android apps (free, pro)

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Piracy Notices Can Mess With Your Thermostat, ISP Warns

Post Syndicated from Ernesto original https://torrentfreak.com/piracy-notices-can-mess-with-your-thermostat-isp-warns-171224/

Since the early 2000’s copyright holders have been sending ISPs takedown notices, to alert account holders that someone’s been using their connection to share copyrighted material.

The goal of these warnings is to deter people from sharing pirated material in the future.

Internet providers are not legally obliged to forward the notices, but many do. What ISPs are required to do is implement a policy to deal with frequent offenders.

Keeping pirates on board without taking any action can make the ISP liable, as Cox found out the hard way. While this case is currently on appeal, some ISPs have already put stringent measures in place.

Take Armstrong Zoom Internet, for example, which has roughly a million subscribers in the Northeastern part of the U.S. Like many other ISPs it reserves the right to terminate repeat infringers, a policy which it doesn’t hide.

Our attention was caught by a recent letter the company sent to one of its users. The ISP points out that it received multiple copyright infringement notices, urging the customer to stop, or else.

“…please be advised that, if Armstrong receives additional notifications of infringement connected With your Zoom Internet Service, Armstrong will remove you from your current service level and place you at the lowest service level.

“This will allow you to access email, but limit your speeds and affect your ability to upload or download material to the internet or use other file-sharing capabilities.”

Armstrong warning (via)

While reduced Internet speeds are bad enough, there’s another scary prospect. The reduced service level may also prevent subscribers from controlling their thermostat remotely. Not ideal during the winter.

“Please be advised that this may affect other services which you may have connected to your internet service, such as the ability to control your thermostat remotely or video monitoring services.”

Accused pirates who want their full service restored, and regain control over their thermostats, have to answer some copyright questions and read an educational piece about copyright infringement.

When they sign an agreement acknowledging that they have done so, full Internet access is restored. However, if more complaints come in later, the consequences will be more severe.

“…if Armstrong received additional notifications after you sign the Acknowledgement, your Zoom Internet Service will be terminated,” the provider writes.

Getting back in after that is only possible after signing an affidavit, so under penalty of perjury, and by paying a fee.

Only then they will regain full control over their thermostat again.

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