Tag Archives: television

Tech Giants Warn Against Kodi Scapegoating

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

New ‘Coalition Against Piracy’ Will Crack Down on Pirate Streaming Boxes

Post Syndicated from Ernesto original https://torrentfreak.com/new-coalition-against-piracy-will-crack-down-on-pirate-streaming-boxes-171017/

Traditionally there have only been a handful of well-known industry groups fighting online piracy, but this appears to be changing.

Increasingly, major entertainment industry companies are teaming up in various regions to bundle their enforcement efforts against copyright infringement.

Earlier this year the Alliance for Creativity and Entertainment (ACE) was formed by major players including Disney, HBO, and NBCUniversal, and several of the same media giants are also involved in the newly founded Coalition Against Piracy (CAP).

CAP will coordinate anti-piracy efforts in Asia and is backed by CASBAA, Disney, Fox, HBO Asia, NBCUniversal, Premier League, Turner Asia-Pacific, A&E Networks, Astro, BBC Worldwide, National Basketball Association, TV5MONDE, Viacom International, and others.

The coalition has hired Neil Gane as its general manager. Gane is no stranger to anti-piracy work, as he previously served as the MPAA’s regional director in Australasia and was chief of the Australian Federation Against Copyright Theft.

The goal of CAP will be to assist in local enforcement actions against piracy, including the disruption and dismantling of local businesses that facilitate it. Pirate streaming boxes and apps will be among the main targets.

These boxes, which often use the legal Kodi player paired with infringing add-ons, are referred to as illicit streaming devices (ISDs) by industry insiders. They have grown in popularity all around the world and Asia is no exception.

“The prevalence of ISDs across Asia is staggering. The criminals who operate the ISD networks and the pirate websites are profiting from the hard work of talented creators, seriously damaging the legitimate content ecosystem as well as exposing consumers to dangerous malware”, Gane said, quoted by Indian Television.

Gane knows the region well and started his career working for the Hong Kong Police. He sees the pirate streaming box ecosystem as a criminal network which presents a major threat to the entertainment industries.

“This is a highly organized transnational crime with criminal syndicates profiting enormously at the expense of consumers as well as content creators,” Gane noted.

The Asian creative industry is a major growth market as more and more legal content is made available. However, the growth of these legal services is threatened by pirate boxes and apps. The Coalition Against Piracy hopes to curb this.

The launch of CAP, which will be formalized at the upcoming CASBAA anti-piracy convention in November, confirms the trend of localized anti-piracy coalitions which are backed by major industry players. We can expect to hear more from these during the years to come.

Just a few days ago the founding members of the aforementioned ACE anti-piracy initiative filed their first joint lawsuit in the US which, unsurprisingly, targets a seller of streaming boxes.

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

Hollywood Giants Sue Kodi-powered ‘TickBox TV’ Over Piracy

Post Syndicated from Ernesto original https://torrentfreak.com/hollywood-giants-sue-kodi-powered-tickbox-tv-over-piracy-171014/

Online streaming piracy is booming and many people use dedicated media players to bring this content to their regular TVs.

The bare hardware is not illegal and neither is media player software such as Kodi. When these devices are loaded with copyright-infringing addons, however, they turn into an unprecedented piracy threat.

It becomes even more problematic when the sellers of these devices market their products as pirate tools. This is exactly what TickBox TV does, according to Hollywood’s major movie studios, Netflix, and Amazon.

TickBox is a Georgia-based provider of set-top boxes that allow users to stream a variety of popular media. The company’s devices use the Kodi media player and come with instructions on how to add various add-ons.

In a complaint filed in a California federal court yesterday, Universal, Columbia Pictures, Disney, 20th Century Fox, Paramount Pictures, Warner Bros, Amazon, and Netflix accuse Tickbox of inducing and contributing to copyright infringement.

“TickBox sells ‘TickBox TV,’ a computer hardware device that TickBox urges its customers to use as a tool for the mass infringement of Plaintiffs’ copyrighted motion pictures and television shows,” the complaint, picked up by THR, reads.

While the device itself does not host any infringing content, users are informed where they can find it.

The movie and TV studios stress that Tickbox’s marketing highlights its infringing uses with statements such as “if you’re tired of wasting money with online streaming services like Netflix, Hulu or Amazon Prime.”

Sick of paying high monthly fees?

“TickBox promotes the use of TickBox TV for overwhelmingly, if not exclusively, infringing purposes, and that is how its customers use TickBox TV. TickBox advertises TickBox TV as a substitute for authorized and legitimate distribution channels such as cable television or video-on-demand services like Amazon Prime and Netflix,” the studios’ lawyers write.

The complaint explains in detail how TickBox works. When users first boot up their device they are prompted to download the “TickBox TV Player” software. This comes with an instruction video guiding people to infringing streams.

“The TickBox TV instructional video urges the customer to use the ‘Select Your Theme’ button on the start-up menu for downloading addons. The ‘Themes’ are curated collections of popular addons that link to unauthorized streams of motion pictures and television shows.”

“Some of the most popular addons currently distributed — which are available through TickBox TV — are titled ‘Elysium,’ ‘Bob,’ and ‘Covenant’,” the complaint adds, showing screenshots of the interface.

Covenant

The movie and TV studios, which are the founding members of the recently launched ACE anti-piracy initiative, want TickBox to stop selling their devices. In addition, they demand compensation for the damages they’ve suffered. Requesting the maximum statutory damages of $150,000 per copyright infringement, this can run into the millions.

The involvement of Amazon, albeit the content division, is notable since the online store itself sells dozens of similar streaming devices, some of which even list “infringing” addons.

The TickBox lawsuit is the first case in the United States where a group of major Hollywood players is targeting a streaming device. Earlier this year various Hollywood insiders voiced concerns about the piracy streaming epidemic and if this case goes their way, it probably won’t be the last.

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

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

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

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

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

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

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

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

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

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

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

MPAA calls out torrent sites

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

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

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

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

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

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

Pirate streaming boxes

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

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

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

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

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

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

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

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

EFF Warns Against Abusive Lawsuits Targeting Kodi Add-on Repository

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

‘China Should Crack Down on Pirate Streaming Box Distributors’

Post Syndicated from Ernesto original https://torrentfreak.com/china-should-crack-down-on-pirate-streaming-box-distributors-171001/

The International Intellectual Property Alliance (IIPA) has informed the U.S. Government that China must step up its game to better protect the interests of copyright holders.

The US Trade Representative is reviewing whether China has done enough to comply with its WTO obligations, but IIPA members including RIAA and MPAA believe there is still work to be done.

One of the areas to which the Chinese Government should pay more attention is enforcement. Although a lot of progress has been made in recent years, especially in combating music piracy, new threats have emerged.

One of the areas highlighted by IIPA is the streaming box ecosystem, aptly dubbed as “piracy 3.0” by the Motion Picture Association. This appeals to a new breed of pirates who rely on set-top boxes which are filled with pirate add-ons.

Industry groups often refer to these boxes as Illicit Streaming Devices (ISDs) and they see China as a major hub through which these are shipped around the world.

“ISDs are media boxes, set-top boxes or other devices that allow users, through the use of piracy apps, to stream, download, or otherwise access unauthorized content from the Internet,” IIPA writes.

“These devices have emerged as a significant means through which pirated motion picture and television content is accessed on televisions in homes in China as well as elsewhere in Asia and increasingly around the world. China is a hub for the manufacture of these devices.”

Although the hardware and media players are perfectly legal, things get problematic when they’re loaded with pirate add-ons and promoted as tools to facilitate copyright infringement.

IIPA states that the Chinese Government should do more to stop these devices from being sold. Cracking down on the main distribution points would be a good start, they say.

“However it is done, the Chinese government must increase enforcement efforts, including cracking down on piracy apps and on device retailers and/or distributors who preload the devices with apps that facilitate infringement.

“Moreover, because China is the main source of this problem spreading across Asia, the Chinese government should take immediate actions against key distribution points for devices that are being used illegally,” IIPA adds.

In addition to pirate boxes, the industry groups also want China to beef up its enforcement against online journal piracy, pirate apps, unauthorized camcording, and unlicensed streaming platforms.

IIPA intends to explain the above and several other shortcomings in detail during a hearing in Washington, DC, next Wednesday. The group has submitted an overview of its testimony to the Trade Representative, which is available here (pdf).

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

20th Century Fox is Looking for Anti-Piracy Interns

Post Syndicated from Ernesto original https://torrentfreak.com/20th-century-fox-is-looking-for-anti-piracy-interns-170930/

Piracy remains one of the key threats for most Hollywood movie studios.

Most companies have entire departments dedicated to spotting infringing content, understanding the changing landscape, and figuring out how to respond.

20th Century Fox, for example, has its own Content Protection group, headed by Ron Wheeler. The group keeps an eye on emerging piracy threats and is currently looking for fresh blood.

The company has listed two new internships. The first is for a Graduate JD Law Student, who will be tasked with analyzing fair use cases and finding new targets for lawsuits, among other things.

“Interns will participate in the monitoring of and enforcement against such piracy, including conducting detailed copyright infringement and fair use analyses; identifying and researching litigation targets, and searching the internet for infringing copies of Fox content.”

Fox notes that basic knowledge of the principles of Copyright Law is a plus, but apparently not required. Students who take this internship will learn how film and television piracy affects the media industry and consumers, preparing them for future work in this field.

“This is a great opportunity for students interested in pursuing practice in the fields of Intellectual Property, Entertainment, or Media Law,” the job application explains.

A second anti-piracy internship that was posted recently is a search and analytics position. This includes organizing online copyright infringement intelligence and compiling this in analytical piracy reports for Fox executives.

Undergraduate – Research & Analytics

The research job posting shows that Fox keeps an eye on a wide range of piracy avenues including search engines, forums, eBay and pirate sites.

“Anti-Piracy Internet Investigations and Analysis including, but not limited to, internet research, forum site investigation, eBay searches, video forensics analysis review, database entry, general internet searches for Fox video content, review and summarize pirate websites, piracy trend analysis, and more.”

Those who complete the internship will have a thorough understanding of how widespread piracy issues are. It will provide insight into how this affects the movie industry and consumers alike, Fox explains.

While the average torrenter and streaming pirate might not be very eager to work for ‘the other side,’ these internships are ideal positions for students who have aspirations of working in the anti-piracy field. If any TorrentFreak readers plan to apply and get the job, we’ll be eager to hear what you’ve learned in a few months.

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

Boston Red Sox Caught Using Technology to Steal Signs

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2017/09/boston_red_sox_.html

The Boston Red Sox admitted to eavesdropping on the communications channel between catcher and pitcher.

Stealing signs is believed to be particularly effective when there is a runner on second base who can both watch what hand signals the catcher is using to communicate with the pitcher and can easily relay to the batter any clues about what type of pitch may be coming. Such tactics are allowed as long as teams do not use any methods beyond their eyes. Binoculars and electronic devices are both prohibited.

In recent years, as cameras have proliferated in major league ballparks, teams have begun using the abundance of video to help them discern opponents’ signs, including the catcher’s signals to the pitcher. Some clubs have had clubhouse attendants quickly relay information to the dugout from the personnel monitoring video feeds.

But such information has to be rushed to the dugout on foot so it can be relayed to players on the field — a runner on second, the batter at the plate — while the information is still relevant. The Red Sox admitted to league investigators that they were able to significantly shorten this communications chain by using electronics. In what mimicked the rhythm of a double play, the information would rapidly go from video personnel to a trainer to the players.

This is ridiculous. The rules about what sorts of sign stealing are allowed and what sorts are not are arbitrary and unenforceable. My guess is that the only reason there aren’t more complaints is because everyone does it.

The Red Sox responded in kind on Tuesday, filing a complaint against the Yankees claiming that the team uses a camera from its YES television network exclusively to steal signs during games, an assertion the Yankees denied.

Boston’s mistake here was using a very conspicuous Apple Watch as a communications device. They need to learn to be more subtle, like everyone else.

Съд на ЕС: публикуване на снимки на обвиняем

Post Syndicated from nellyo original https://nellyo.wordpress.com/2017/09/21/echr_privacy_v_speech/

В  решение от 21 септември 2017 г. по делото Axel Springer SE & RTL Television GmbH v Germany ( 51405/12) Европейският съд по правата на човека единодушно реши, че няма нарушение на член 10 (свобода  на изразяване) на Европейската конвенция за правата на човека. В състава е и българският съдия Йонко Грозев.

Съдебен акт, издаден в Германия,   забранява публикуването на изображения, с които може да бъде идентифициран обвиняемият в наказателен процес за убийство. Съдът за правата на човека приема, че националният съдия внимателно е балансирал противоположните интереси,  преследваната от мярката цел  –  защита на личната неприкосновеност на обвиняемия (който не е бил публична личност)   по време на процеса  – е оправдана. 

Фактите

Жалбоподателите са  издателство Axel Springer SE   и   RTL Television GmbH. Те отразяват съдебен процес срещу С., признал на полицията, че е убил родителите си и  обвинен в убийство.   Фотографи от двете дружества присъстват на съдебните заседания. Преди началото на първото заседание  председателят на съда напомня презумпцията за невиновност и  информира журналистите, че лицето трябва да бъде направено неидентифицируемо на изображения, които ще се публикуват.  Няколко дни след първото заседание председателстващият съдия изпраща и мотивирана заповед до редица журналисти, като заявява, че само фотографите, дали  уверения, че  на техните снимки лицето С. ще бъде неидентифицируемо, например чрез размиване  на образа,  имат разрешение да правят снимки.  Той отбелязва по-специално, че правото на защита на личния живот  на С.   надвишава  обществения интерес от информираност за процеса.

Медиите са възразили, че  С. е признал   престъплението в първия ден от производството. Възражението е отхвърлено. Междувременно С. е осъден за убийство.  Axel Springer SE   и   RTL Television GmbН   подават жалба за нарушение на чл.10 – свобода на изразяване.

Решението

Съдът отбелязва, че заснемането не е било ограничено. Ограничението засяга само публикуването на изображения, в които С. може да бъде идентифициран.
Относно балансирането на права: ЕСПЧ напомня критерии, които се прилагат при балансирането на конкурентни права –  приносът към дебати от обществен интерес, степента, до която засегнатото лице е известно, влиянието върху наказателното производство , обстоятелствата, при които са направени снимките, съдържанието, формата и последиците от публикацията, както и тежестта на наложената санкция [42].

С. несъмнено не е публична фигура.  Информацията за физическия вид на С. не би могла да допринесе  за разискването на случая. Липсва преобладаващ обществен интерес.

С. не търси известност, не е давал съгласие за медийно отразяване, но като обвиняем е принуден да присъства на процеса. Съдът намира, че при дадените обстоятелства има силна нужда да се защити личната му неприкосновеност.
 
Що се отнася до факта, че С. е признал за престъплението,  признаването само по себе си не спира действието на презумпцията за невиновност по време на съдебен процес. Това се налага още повече, тъй като С. страда от шизоидно разстройство на личността. 

И накрая, трябва  да се вземе предвид, че публикуването на изображения, в които ответникът би могъл да бъде идентифициран, може да има отрицателни последици за   социалната рехабилитация на лицето, в случай, че бъде осъдено.

Няма  нарушение на ЕКПЧ.

Съдът напомня в решението, че в тази област е издадена препоръка  Rec(2003)13 на Комитета на министрите на Съвета на Европа, и в частност напомня Принцип 8.

Принцип 8 – Защита на личния живот в контекста на продължаващото наказателно производство

Предоставянето на информация за заподозрени лица, обвиняеми или осъдени лица или други лица в наказателното производство следва да зачита тяхното право на защита на личния живот в съответствие с член 8 от Конвенцията. Особена защита следва да се предостави на непълнолетни лица или други уязвими лица, както и на жертви, на свидетели и семейства на заподозрени, обвиняеми и осъдени. Във всички случаи следва да се обърне особено внимание на вредното въздействие, което може да има върху лицата, посочени в този принцип, разкриването на информация, позволяваща тяхното идентифициране.

Filed under: Media Law Tagged: еспч

Mayweather vs. McGregor Caused Massive Surge in Streaming Piracy

Post Syndicated from Ernesto original https://torrentfreak.com/mayweather-vs-mcgregor-caused-massive-surge-in-streaming-piracy-170828/

The boxing matchup between Mayweather and McGregor was an unusual sporting event in many ways, not least financially.

With close to a billion dollars at stake, various rightsholders did their best to ensure that piracy was kept to a minimum.

However, despite an injunction against pirate streaming sites and mysterious tracking codes embedded in streams, they were easily defeated.

New data published by Canadian broadband management company Sandvine reveals that there was a massive surge in live streaming piracy around the fight. The company monitored traffic at a fixed access tier-1 network in North America and found that many people tuned into pirate IPTV services.

Generally speaking, a single pirate live streaming channel never accounts for more than five percent of the total bandwidth generated by these unauthorized broadcasts. However, it was quite different last weekend.

“On Saturday that all changed, as the report below shows: at its peak, the pirated UFC and PPV channels for the Mayweather/McGregor fight accounted for 50% of all pirate TV streams,” Sandvine notes.

Streaming piracy boost

According to Sandvine, roughly 8% of the sampled subscribers have pirate live streaming devices at their homes and many of these were tuning into the fight between Mayweather and McGregor.

Towards the end of the event, 3.5 percent of total bandwidth consumed on the network came from these pirate streams. To give an illustration of the traffic that was generated, Sandvine notes that the unauthorized boxing streams totaled more traffic than Twitch, Facebook, and Instagram together.

Streaming piracy market share

While the figures are based on a sample of North American fixed access network traffic, Sandvine believes that it provides a good indication of the total traffic. In the near future, the company plans to release more details on this pirate streaming trend, to better understand what’s going on.

Sandvine informed TorrentFreak that the current numbers apply to pirate IPTV services, not the live streams that people watch in their regular browser.

This means that the complete piracy numbers are even higher. There is a wide variety of live streaming options available to pirates, and tracking outfit Irdeto estimates that close to 3 million people watched streams through YouTube, Facebook, Periscope and various pirate streaming sites.

It’s safe to say that in theory, the rightsholders could have made millions more. But then again, with hundreds of millions fresh in the bank, they’re not doing too badly at the moment.

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

Insider Attack on Lottery Software

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2017/08/insider_attack_.html

Eddie Tipton, a programmer for the Multi-State Lottery Association, secretly installed software that allowed him to predict jackpots.

What’s surprising to me is how many lotteries don’t use real random number generators. What happened to picking golf balls out of wind-blown steel cages on television?

MPAA Wins Movie Piracy Case in China After Failed Anti-Piracy Deal

Post Syndicated from Andy original https://torrentfreak.com/mpaa-wins-movie-piracy-case-in-china-after-failed-anti-piracy-deal-170822/

As one of China’s top 10 Internet companies, Xunlei is a massive operation with hundreds of millions of monthly users.

Among other file-sharing ventures, Xunlei operates ‘Thunder’, the world’s most popular torrent client. This and other almost inevitable copyright-related issues put the company on the radar of the MPAA.

With Xunlei pursuing an IPO in the United States in 2014, relationships with the MPAA began to thaw, resulting in the breakthrough signing of a Content Protection Agreement (CPA) requiring Xunlei to protect MPAA studio content including movies and TV shows.

But in October 2014, with things clearly not going to plan, the MPAA reported Xunlei to the U.S. government, complaining of rampant piracy on the service. In January 2015, the MPAA stepped up a gear and sued Xunlei for copyright infringement.

“For too long we have witnessed valuable creative content being taken and monetized without the permission of the copyright owner. That has to stop and stop now,” said MPAA Asia-Pacific chief Mike Ellis.

Now, more than two-and-a-half years later, the case has come to a close. Yesterday, the Shenzhen Nanshan District People’s Court found Xunlei Networking Technologies Co. guilty of copyright infringement.

The Court found that Xunlei made 28 movie titles (belonging to companies including Paramount Pictures, Sony Pictures, 20th Century Fox, Universal Pictures, Disney and Warner Bros.) available to the public via its platforms without proper authorization, “in serious violation” of the movie group’s rights.

Xunlei was ordered to cease-and-desist and told to pay compensation of 1.4 million yuan ($210,368) plus the MPA’s litigation costs of $24,400. In its original complaint, the MPA demanded a public apology from Xunlei but it’s unclear whether that forms part of the ruling. The outcome was welcomed by the MPA.

“We are heartened that the court in Shenzhen has found in favor of strong copyright,” said MPAA Asia-Pacific chief Mike Ellis.

“The legitimate Chinese film and television industry has worked hard to provide audiences with a wide range of legal options for their audio-visual entertainment — a marketplace that has flourished because of the rights afforded to copyright owners under the law.”

How the MPAA and Xunlei move ahead from here is unclear. This case has taken more than two-and-a-half years to come to a conclusion so further litigation seems somewhat unlikely, if not unwieldy. Then there’s the question of the anti-piracy agreement signed in 2014 and whether that is still on the table.

As previously revealed, the agreement not only compelled Xunlei to use pre-emptive content filtering technology but also required the platform to terminate the accounts of people who attempt to infringe copyright in any way.

“[The] filter will identify each and every instance of a user attempting to infringe a studio work, by uploading or downloading,” an internal MPAA document revealed.

All that being said, the document also contained advice for the MPAA not to sue Xunlei, so at this point anything could happen.

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

Curb Your Enthusiasm on Those HBO Leaks

Post Syndicated from Ernesto original https://torrentfreak.com/curb-your-enthusiasm-on-those-hbo-leaks-170814/

Late July, news broke that a hacker, or hackers, had compromised the network of the American cable and television network HBO.

Those responsible contacted reporters, informing them about the prominent breach, and leaked files surfaced on the dedicated website Winter-leak.com.

The website wasn’t around for long, but last week the hackers reached out to the press again with a curated batch of new leaks shared through Mega.nz. Among other things, it contained more Game of Thrones spoilers, marketing plans, and other confidential HBO files.

Fast forward another week and there’s yet another freshly curated batch of leaks. This time it includes episodes of the highly anticipated return of ‘Curb Your Enthusiasm,’ which officially airs in October, as well as episodes from “Barry,” “Insecure” and “The Deuce,” AP reports.

These shows are part of the treasure trove of 1.5 terabytes that was taken from HBO. These and several other titles were already teased last week in a screenshot the hackers released to the press.

There’s no reason to doubt that the leaks are real, but thus far they haven’t been widely distributed. It appears that the various journalists who received the latest batch of Mega.nz links are not very eager to post them in public.

TorrentFreak scoured popular torrent sites and streaming portals for public copies of the new Curb Your Enthusiasm episodes and came up empty-handed. And we’re certainly not the only ones having trouble spotting the leaks in public.

“I searched around a lot a few hours ago and couldn’t find anything,” one Curb Your Enthusiasm watcher commented on Reddit. “Why can’t these hackers be courteous and place links?” another added.

This is quite different from the leaked episode of Game of Thrones that came out before its official release two weeks ago. That leak was not related to the HBO hack, but before the news broke in the mainstream press, thousands of copies were already available on pirate sites.

HBO, meanwhile, appears to have had enough of the continued enthusiasm the hacker is managing to generate in the press.

“We are not in communication with the hacker and we’re not going to comment every time a new piece of information is released,” a company spokesperson said.

“It has been widely reported that there was a cyber incident at HBO. The hacker may continue to drop bits and pieces of stolen information in an attempt to generate media attention. That’s a game we’re not going to participate in.”

As for the Curb Your Enthusiasm fans who were hoping for an early preview of the new season. They may have to, well… you know. For now at least.

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

New Premier League Blocking Disrupts Pirate IPTV Providers

Post Syndicated from Andy original https://torrentfreak.com/new-premier-league-blocking-disrupts-pirate-iptv-providers-170814/

Top tier football in the UK is handled by the English Premier League (EPL) and broadcasting partners Sky and BT Sport. All face considerable problems with Internet piracy, through free web or Kodi-based streaming and premium IPTV feeds.

To mitigate the threat, earlier this year the Premier League obtained a unique High Court injunction which required ISPs such as Sky, BT, and Virgin to block ‘pirate’ football streams in real-time.

Although the success of the program was initially up for debate, the EPL reported it was able to block 5,000 server IP addresses that were streaming its content. When that temporary injunction ran out, the EPL went back to court for a new one, valid for the season that began this past weekend. There are signs the EPL may have upped its game.

As soon as the matches began on Saturday, issues were reported at several of the more prominent IPTV providers. Within minutes of the match streams going live, subscribers to affected services were met with black screens, causing anger and frustration. While some clearly knew that action was on the cards, relatively few had an effective plan in place.

One provider, which targets subscribers in the UK, scrambled to obtain new domain names, thinking that the existing domains had been placed on some kind of Premier League blacklist. While that may have indeed been the case, making a service more obscure in that sense was never going to outwit the systems deployed by the anti-piracy outfits involved.

Indeed, the provider in question was subjected to much chaos over both Saturday and Sunday, since it’s clear that large numbers of subscribers had absolutely no idea what was going on. Even if they understood that the EPL was blocking, the change of domain flat-footed the rest. The subsequent customer service chaos was not a pretty sight but would’ve been a pleasure for the EPL to behold.

An interesting side effect of this EPL action is that even if IPTV subscribers don’t care about football, many were affected this past weekend anyway.

TF is aware of at least three services (there are probably many more) that couldn’t service their UK customers with any other channels whatsoever while the Premier League games were being aired. This suggests that the IP addresses hit by the EPL and blocked by local ISPs belonged to the same servers carrying the rest of the content offered by the IPTV providers.

When the High Court handed down its original injunction it accepted that some non-Premier League content could be blocked at the same time but since that “consists almost exclusively of [infringing] commercial broadcast content such as other sports, films, and television programs,” there was little concern over collateral damage.

So the big question now is what can IPTV providers and/or subscribers do to tackle the threat?

The first interesting thing to note is not all of the big providers were affected this past weekend, so for many customers the matches passed by as normal. It isn’t clear whether EPL simply didn’t have all of the providers on the list or whether steps were taken to mitigate the threat, but that was certainly the case in a handful of cases.

Information passed to TF shows that at least a small number of providers were not only waiting for the EPL action but actually had a backup plan in place. This appears to have resulted in a minimum of disruption for their customers, something that will prove of interest to the many frustrated subscribers looking for a new service this morning.

While the past few days have been somewhat chaotic, other issues have been muddying the waters somewhat.

TF has learned that at least two, maybe three suppliers, were subjected to DDoS attacks around the time the matches were due to air. It seems unlikely that the EPL has been given permission to carry out such an attack but since the High Court injunction is secret in every way that describes its anti-piracy methods, that will remain a suspicion. In the meantime, rival IPTV services remain possible suspects.

Also, a major IPTV stream ‘wholesaler’ is reported to have had technical issues on Saturday, which affected its ability to serve lower-tier providers. Whether that was also linked to the Premier League action is unknown and TF couldn’t find any source willing to talk about the provider in any detail.

So, sports fans who rely on IPTV for their fix are wondering how things will pan out later this week. If this last weekend is anything to go by, disruption is guaranteed, but it will be less of a surprise given the problems of the last few days. While some don’t foresee huge problems, several providers are already advising customers that VPNs will be necessary.

An IPTV provider suggesting the use of VPNs

While a VPN will indeed solve the problem in most cases, for many subscribers that will amount to an additional expense, not to mention more time spent learning about VPNs, what they can do, and how they can be setup on the hardware they’re using for IPTV.

For users on Android devices running IPTV apps or Kodi-type setups, VPNs are both easy to install and use. However, Mag Box STB users cannot run a VPN directly on the device, meaning that they’ll need either a home router that can run a VPN or a smaller ‘travel’ type router with OpenVPN capabilities to use as a go-between.

Either way, costs are beginning to creep up, if IPTV providers can’t deal with the EPL’s blocking efforts. That makes the new cheaper football packages offered by various providers that little bit more attractive. But that was probably the plan all along.

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

Popcorn Time Devs Help Streaming Aggregator Reelgood to ‘Fix Piracy’

Post Syndicated from Ernesto original https://torrentfreak.com/popcorn-time-devs-help-streaming-aggregator-reelgood-to-fix-piracy-170812/

During the fall of 2015, the MPAA shut down one of the most prominent pirate streaming services, Popcorn Time fork PopcornTime.io.

While the service was found to be clearly infringing, many of the developers didn’t set out to break the law. Most of all, they wanted to provide the public with easy access to their favorite movies and TV-shows.

Fast forward nearly two years and several of these Popcorn Time developers are still on the same quest. The main difference is that they now operate on the safe side of the law.

The startup they’re working with is called Reelgood, which can be best described as a streaming service aggregator. The San-Francisco based company, founded by ex-Facebook employee David Sanderson, recently raised $3.5 million and has opened its doors to the public.

The goal of Reelgood is similar to Popcorn Time in the way that it aims to be the go-to tool for people to access their entertainment. Instead of using pirate sources, however, Reelgood stitches together content from various legal platforms, both paid and free.

Reelgood

TorrentFreak spoke to former Popcorn Time developer Luigi Poole, who’s leading the charge on the development of Reelgood’s web app. He stresses that the increasing fragmentation of streaming services, which drives some people to pirate sites, is one of the problems Reelgood hopes to fix.

“There’s a misconception that torrenting is done by bad people who don’t want to pay for content. I’d say, in the vast majority of cases, torrenting is a symptom of the massive fragmentation that’s been given as the only legal option to the consumer,” Poole says.

While people have many reasons to pirate, some stick to unauthorized services because it’s simply too cumbersome to dig through all the legal options. Pirate sites have a single interface to all popular movies and TV-shows and legal platforms don’t.

“The modern TV/movie ecosystem is made up of an increasing number of different services. This makes finding content like changing channels, only more complicated. Is that movie you’re about to buy or rent on a service you already pay for? Right now there’s no way to do this other than a cumbersome search using each service’s individual search. Time to go digging,” Poole says.

“We believe this is the main reason people torrent — it’s just easier, given that the legal options presented to us are essentially a ‘go fetch’ treasure hunt,” he adds.

Flipping that channel on an old school television often beats the online streaming experience. That is, for those who want more than Netflix alone.

And the problem isn’t going away anytime soon. As we reported earlier this week, there’s a trend towards more fragmentation, instead of less. Disney is pulling some of its most popular content from the US Netflix in 2019, keeping piracy relevant.

“The untold story is that consumers are throwing up their hands with all this fragmentation, and turning to torrenting not because it’s free, but because it’s intuitive and easy,” Poole says.

“Reelgood fixes this problem by acting as a pirate site interface for every legal option, sort of like a TV guide to anything streaming, also giving you notifications anytime something is new, letting you track when certain content becomes available, and not only telling you where it’s available but taking you straight there with one click to play.”

Reelgood can be seen as a defragmentation tool, creating a uniform interface for all the legal platforms people have access to. In addition to paid services such as Netflix and HBO, it also lists free content from Fox, CBS, Crackle, and many other providers.

TorrentFreak took it for a spin and it indeed works as advertised. Simply add your streaming service accounts and all will be bundled into an elegant and uniform interface that allows you to watch and track everything with a single click.

The service is still limited to US libraries but there are already plans to expand it to other countries, which is promising. While it may not eradicate piracy anytime soon, it does a good job of trying to organize the increasingly complex streaming landscape.

Unfortunately, it’s still not cheap to use more than a handful of paid services, but that’s a problem even Reelgood can’t fix. Not even with help from seven former Popcorn Time developers.

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

Video playback on freely-arranged screens with info-beamer

Post Syndicated from Alex Bate original https://www.raspberrypi.org/blog/info-beamer/

When the creator of the digital signage software info-beamer, Florian Wesch, shared this project on Reddit, I don’t think he was prepared for the excited reaction of the community. Florian’s post, which by now has thousands of upvotes, showcased the power of info-beamer. Not only can the software display a video via multiple Raspberry Pis, it also automatically rejigs the output to match the size and angle of the Pis’ monitors.

info-beamer raspberry pi

Wait…what?

I know, right? We’ve seen many video-based Raspberry Pi projects, but this is definitely one of the most impressive ones. While those of us with a creative streak were imagining cool visual arts installations using monitors and old televisions of various sizes, the more technically-minded puzzled over how Florian pulled this off.

It’s obvious that info-beamer has manifold potential uses. But we had absolutely zero understanding of how it works!

How does info-beamer do this?

Lucky for us, Florian returned to Reddit a few days later with a how-to video, explaining in layman’s terms how you too can get a video to play on a multi-screen, multi-Pi setup.

Automatic video wall configuration with info-beamer hosted

This is an exciting new feature I’ve made available for the info-beamer hosted digital signage system: You can create a video wall consisting of freely arranged screens in seconds. The screens don’t even have to be planar. Just rotate and place them as you like.

First you’ll need to set up info-beamer, which will allow you to introduce multiple Raspberry Pis, and their attached monitors, into a joint network. To make the software work, there’s some Python code you have to write yourself, but hands-on tutorials and example code exist to make this fairly easy, even if you have little experience in Python.

info-beamer raspberry pi

As you can see in Florian’s video, info-beamer assigns each monitor its own, unique section of video. Taking a photo of the monitors and uploading it to a site provides enough information for the software to play a movie trailer split across multiple screens.

info-beamer raspberry pi

A step that’s missing in the video, but that Florian described on Reddit, is how to configure the screens via a drag-and-drop interface so that the software recognizes them. Once this is done, your video display is good to go.

For more information about info-beamer check out the website, and follow the official Twitter account for updates.

Using Raspberry Pi in video-based projects

Since it has an HDMI port, connecting your Raspberry Pi to any compatible monitor, including your television, is an easy task. And with a little tweaking and soldering you can even connect your Pi to that ageing SCART TV/Video combo you might have in the loft.

As I said earlier, there’s an abundance of Pi-powered video-based projects. Many digital art installations, and even commercial media devices, rely on the Raspberry Pi because of its low cost, small size, and high-quality multimedia capabilities.

Have you used a Raspberry Pi in a video-playback project? Share it with us below – we’d love to see it!

The post Video playback on freely-arranged screens with info-beamer appeared first on Raspberry Pi.

Hackers Leak More Confidential Game of Thrones Files

Post Syndicated from Ernesto original https://torrentfreak.com/hackers-leak-more-confidential-game-of-thrones-files-170808/

Last week, news broke that a hacker, or hackers, had compromised the network of the American cable and television network HBO.

Those responsible sent out an email to reporters, announcing the prominent breach, and leaked files surfaced on the dedicated website Winter-leak.com.

While the latter is no longer accessible, the hackers are not done yet. Another curated batch of leaked files has now appeared online, revealing more Game of Thrones spoilers, marketing plans, and other confidential HBO files.

The first leak put a preliminary outline of the fourth episode of the current Game of Thrones season in the spotlight, and the second batch follows up with the same for the upcoming fifth episode.

Although the outline was prepared over a year ago, it likely contains various accurate spoilers, which we won’t repeat here.

Preliminary outline S07E05

The new data dump, which is a subsection of the 1.5 terabytes of data the hackers claimed to have in their possession, also lists a variety of other Game of Thrones related files.

Among other items, there’s a confidential cast list for the current season, a highly confidential “Game of Ideas” brief, an outline of GoT marketing strategies, and a Game of Thrones roadmap. The information all appears to be a few months old.

The hackers took a screenshot of several folders, where the files may have been taken from, as seen below.

Folders screenshot

In addition, the hackers provided ‘proof’ that they have emails, which according to AP point to HBO’s vice president for film programming Leslie Cohen.

Finally, the new batch contains a video letter to HBO CEO Richard Plepler, titled “First letter to HBO,” where a certain Mr. Smith takes credit for the hack. The letter offered to keep the information away from the public, in exchange for a ransom payment.

First letter to HBO

For spoiler-eager Game of Thrones fans the hack is a true treasure trove. However, like the first batch, no leaked episodes are included. And, based on another screenshot, these are probably not on the way either.

A “Series Screenshot” includes a list of likely compromised titles, such as The Deviant Ones and the previously leaked Barry, Ballers, and Room 104, but no Game of Thrones.

A leak of the fourth GoT episode did appear online late last week, but this wasn’t linked to the breach of HBO’s network. Still, HBO is likely not amused and will do everything in its power to catch those responsible.

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

Seller of ‘Fully Loaded’ Kodi Boxes Pleads Guilty to Money Laundering

Post Syndicated from Andy original https://torrentfreak.com/seller-of-fully-loaded-kodi-boxes-pleads-guilty-to-money-laundering-170806/

In June 2015, police and Trading Standards officers in the UK carried out raids on sellers of Android boxes configured to receive unauthorized content. One seller, operating from GeekyKit.com, told customers that his physical shops would be shutting down.

“As you may be aware we were visited yesterday by Sky [television] in conjunction with Trading Standards. Whilst we continue to investigate our position the stores will remain closed and support will remain suspended. Our sincere apologies for any inconvenience caused,” he explained.

Julian Allen was arrested after raids at ‘Geeky Kit’ premises in Billingham and Middlesbrough in the north of England. One of the locations is pictured below.

Despite the seriously incriminating storefront claims, Allen insisted that his businesses couldn’t be held responsible for copyrighted TV shows, movies and sports received by customers on boxes his company supplied.

“We do not control the content that is accessible on the internet via the product that we sell. We are currently working with Trading Standards to ensure that we can sell our products whilst adhering to UK copyright laws,” he said.

This January, Allen appeared before Teesside Crown Court charged with laundering £135,173, money said to have been generated via the sale of pre-loaded set-top boxes and premium packages over a 30-month period.

Allen was expected to appear for a week-long trial scheduled to start this Monday but that was scrapped after the 40-year-old pleaded guilty to using or acquiring criminal property.

According to Gazette Live, a proceeds of crime hearing has been scheduled for next year. In the meantime, Allen was granted unconditional bail until sentencing on October 20, where he faces a potential jail sentence.

“I don’t know what the sentence will be until all the matters are known,” the judge said.

Ever since a European Court of Justice ruling earlier this year that found that selling “fully-loaded” streaming boxes are illegal, people in a similar position to Allen have seen their cases take a turn for the worse.

One such case, involving Middlesbrough shopkeeper Brian Thompson, appears to be progressing under different legislation, however. Thompson stands accused of two offenses under section 296ZB of the Copyright, Designs and Patents Act, which deals with devices and services designed to circumvent technological measures.

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

TV Box Seller Emails Sky TV Bosses With ‘Pirate’ Offer, Gets Sued for $1m

Post Syndicated from Andy original https://torrentfreak.com/tv-box-seller-emails-sky-tv-bosses-with-pirate-offer-gets-sued-for-1m-170804/

After relatively quiet treatment in the media, last year press in New Zealand began reporting on the booming ‘pirate’ set-top box business sweeping the world.

Often based around legal Kodi software boosted with third-party addons, the devices are known for providing free movies, TV shows, and sports.

Last November, ‘My Box NZ’ owner Krish Reddy, who said he would take on Sky in its own backyard with his custom streaming boxes, hit the headlines. The 27-year-old told NZHerald that “it seemed like a great idea so we decided to do it ourselves.”

The boxes offered some local free-to-air channels but also the all-important premium offerings from Sky, including Sky Movies and Sky Sports, an expensive proposition for an official subscriber.

“Why pay $80 minimum per month for Sky when for one payment you can have it free for good?” Reddy’s advertising said.

Reddy was confident in the abilities of his product but was also confident he wasn’t breaking the law.

“I don’t see why [Sky] would contact me but if they do contact me and … if there’s something of theirs that they feel I’ve unlawfully taken then yeah … but as it stands I don’t [have any concerns],” he told the Herald.

As things moved on, Reddy’s business really took off. He admitted to having sold 8,000 of the devices and then April this year, Sky appeared to ruh out of patience. In a letter from its lawyers, the pay TV company said Reddy’s devices breached copyright law and the Fair Trading Act. Reddy responded by calling the TV giant “a playground bully” and denied again that he was breaking the law.

“From a legal perspective, what we do is completely within the law. We advertise Sky television channels being available through our website and social media platforms as these are available via streams which you can find through My Box,” he said.

“The content is already available, I’m not going out there and bringing the content so how am I infringing the copyright… the content is already there, if someone uses the box to search for the content, that’s what it is.”

Stuff reports that the initial compensation demand from Sky against Reddy’s company My Box runs to NZD$1.4m (US$1m), an amount that could “rise by millions” by the time a judgment is reached.

“They have given us until September 24 to respond. We are not going to sit and take it,” Reddy told the publication. “How many people can say they went up against a multimillion dollar giant like Sky?”

And it seems that Reddy is absolutely determined to fight back. Earlier this year he said that his father always encouraged him as a child to seek out the big guy for a fight, something that is now playing out with one of the world’s biggest broadcasters.

“[Sky’s] point of view is they own copyright and I’m destroying the market by giving people content for free. To me it is business; I have got something that is new … that’s competition,” he said.

In Europe, where these kinds of cases have already been tested at the highest level, comments like these would be extremely ill-advised and enough to give any defending lawyer a high temperature, but Reddy really doesn’t seem to care.

In fact, a bulk email he sent out to 50,000 people advertising his product as “being better than Sky”, actually found the inboxes of 50 Sky TV staff and directors. He believes this triggered the legal action from the company.

While Reddy was on Sky’s radar long before the mailshot, the blatancy of his advertising and its targets won’t have helped his case one bit. Sky, for its part, is determined to get a ruling against a large player and Reddy seems the perfect catch.

“Anyone selling these boxes are within our sights. You have got to go after the big fish first,” said Sky spokeswoman Kirsty Way.

No case like this has ever gone to court in New Zealand so it could be important for setting the ground rules on several aspects of copyright law, including the making available right.

In addition to prosecutions, Way told Stuff that it could also be possible to introduce site-blocking laws such as those already in place in Australia and the UK. These would aim to render Kodi-powered devices less effective at providing copyrighted content from unauthorized sources.

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

TVAddons Returns, But in Ugly War With Canadian Telcos Over Kodi Addons

Post Syndicated from Andy original https://torrentfreak.com/tvaddons-returns-ugly-war-canadian-telcos-kodi-addons-170801/

After Dish Network filed a lawsuit against TVAddons in Texas, several high-profile Kodi addons took the decision to shut down. Soon after, TVAddons itself went offline.

In the weeks that followed, several TVAddons-related domains were signed over (1,2) to a Canadian law firm, a mysterious situation that didn’t dovetail well with the US-based legal action.

TorrentFreak can now reveal that the shutdown of TVAddons had nothing to do with the US action and everything to do with a separate lawsuit filed in Canada.

The complaint against TVAddons

Two months ago on June 2, a collection of Canadian telecoms giants including Bell Canada, Bell ExpressVu, Bell Media, Videotron, Groupe TVA, Rogers Communications and Rogers Media, filed a complaint in Federal Court against Montreal resident, Adam Lackman, the man behind TVAddons.

The 18-page complaint details the plaintiffs’ case against Lackman, claiming that he communicated copyrighted TV shows including Game of Thrones, Prison Break, The Big Bang Theory, America’s Got Talent, Keeping Up With The Kardashians and dozens more, to the public in breach of copyright.

The key claim is that Lackman achieved this by developing, hosting, distributing or promoting Kodi add-ons.

Adam Lackman, the man behind TVAddons (@adam.lackman on Instagram)

A total of 18 major add-ons are detailed in the complaint including 1Channel, Exodus, Phoenix, Stream All The Sources, SportsDevil, cCloudTV and Alluc, to name a few. Also under the spotlight is the ‘FreeTelly’ custom Kodi build distributed by TVAddons alongside its Kodi configuration tool, Indigo.

“[The defendant] has made the [TV shows] available to the public by telecommunication in a way that allows members of the public to have access to them from a place and at a time individually chosen by them…consequently infringing the Plaintiffs’ copyright…in contravention of sections 2.4(1.1), 3(1)(f) and 27(1) of the Copyright Act,” the complaint reads.

The complaint alleges that Lackman “induced and/or authorized users” of the FreeTelly and Indigo tools to carry out infringement by his handling and promotion of infringing add-ons, including through TVAddons.ag and Offshoregit.com, in contravention of sections 3(1)(f) and 27(1) of the Copyright Act.

“Approximately 40 million unique users located around the world are actively using Infringing Addons hosted by TVAddons every month, and approximately 900,000 Canadian households use Infringing Add-ons to access television content. The amount of users of Infringing add-ons hosted TVAddons is constantly increasing,” the complaint adds.

To limit the harm allegedly caused by TVAddons, the complaint asked for interim, interlocutory, and permanent injunctions restraining Lackman and associates from developing, promoting or distributing any of the allegedly infringing add-ons or software. On top, the plaintiffs requested punitive and exemplary damages, plus costs.

The interim injunction and Anton Piller Order

Following the filing of the complaint, on June 9 the Federal Court handed down a time-limited interim injunction against Lackman which restrained him from various activities in respect of TVAddons. The process took place ex parte, meaning in secret, without Lackman being able to mount a defense.

The Court also authorized a bailiff and computer forensics experts to take control of Internet domains including TVAddons.ag and Offshoregit.com plus social media and hosting provider accounts for a period of 14 days. These were transferred to Daniel Drapeau at DrapeauLex, an independent court-appointed supervising counsel.

The order also contained an Anton Piller order, a civil search warrant that grants plaintiffs no-notice permission to enter a defendant’s premises in order to secure and copy evidence to support their case, before it can be destroyed or tampered with.

The order covered not only data related to the TVAddons platform, such as operating and financial details, revenues, and banking information, but everything in Lackman’s possession.

The Court ordered the telecoms companies to inform Lackman that the case against him is a civil proceeding and that he could deny entry to his property if he wished. However, that option would put him in breach of the order and would place him at risk of being fined or even imprisoned. Catch 22 springs to mind.

The Court did, however, put limits on the number of people that could be present during the execution of the Anton Piller order (ostensibly to avoid intimidation) and ordered the plaintiffs to deposit CAD$50,000 with the Court, in case the order was improperly executed. That decision would later prove an important one.

The search and interrogation of TVAddons’ operator

On June 12, the order was executed and Lackman’s premises were searched for more than 16 hours. For nine hours he was interrogated and effectively denied his right to remain silent since non-cooperation with an Anton Piller order amounts to contempt of court. The Court’s stated aim of not intimidating Lackman failed.

The TVAddons operator informs TorrentFreak that he heard a disturbance in the hallway outside and spotted several men hiding on the other side of the door. Fearing for his life, Lackman called the police and when they arrived he opened the door. At this point, the police were told by those in attendance to leave, despite Lackman’s protests.

Once inside, Lackman was told he had an hour to find a lawyer, but couldn’t use any electronic device to get one. Throughout the entire day, Lackman says he was reminded by the plaintiffs’ lawyer that he could be held in contempt of court and jailed, even though he was always cooperating.

“I had to sit there and not leave their sight. I was denied access to medication,” Lackman told TorrentFreak. “I had a doctor’s appointment I was forced to miss. I wasn’t even allowed to call and cancel.”

In papers later filed with the court by Lackman’s team, the Anton Piller order was described as a “bombe atomique” since TVAddons had never been served with so much as a copyright takedown notice in advance of this action.

The Anton Piller controversy

Anton Piller orders are only valid when passing a three-step test: when there is a strong prima facie case against the respondent, the damage – potential or actual – is serious for the applicant, and when there is a real possibility that evidence could be destroyed.

For Bell Canada, Bell ExpressVu, Bell Media, Videotron, Groupe TVA, Rogers Communications and Rogers Media, serious problems emerged on at least two of these points after the execution of the order.

For example, TVAddons carried more than 1,500 add-ons yet only 1% of those add-ons were considered to be infringing, a tiny number in the overall picture. Then there was the not insignificant problem with the exchange that took place during the hearing to obtain the order, during which Lackman was not present.

Clearly, the securing of existing evidence wasn’t the number one priority.

Plaintiffs: We want to destroy TVAddons

And the problems continued.

No right to remain silent, no right to consult a lawyer

The Anton Piller search should have been carried out between 8am and 8pm but actually carried on until midnight. As previously mentioned, Adam Lackman was effectively denied his right to remain silent and was forbidden from getting advice from his lawyer.

None of this sat well with the Honourable B. Richard Bell during a subsequent Federal Court hearing to consider the execution of the Anton Piller order.

“It is important to note that the Defendant was not permitted to refuse to answer questions under fear of contempt proceedings, and his counsel was not permitted to clarify the answers to questions. I conclude unhesitatingly that the Defendant was subjected to an examination for discovery without any of the protections normally afforded to litigants in such circumstances,” the Judge said.

“Here, I would add that the ‘questions’ were not really questions at all. They took the form of orders or directions. For example, the Defendant was told to ‘provide to the bailiff’ or ‘disclose to the Plaintiffs’ solicitors’.”

Evidence preservation? More like a fishing trip

But shockingly, the interrogation of Lackman went much, much further. TorrentFreak understands that the TVAddons operator was given a list of 30 names of people that might be operating sites or services similar to TVAddons. He was then ordered to provide all of the information he had on those individuals.

Of course, people tend to guard their online identities so it’s possible that the information provided by Lackman will be of limited use, but Judge Bell was not happy that the Anton Piller order was abused by the plaintiffs in this way.

“I conclude that those questions, posed by Plaintiffs’ counsel, were solely made in furtherance of their investigation and constituted a hunt for further evidence, as opposed to the preservation of then existing evidence,” he wrote in a June 29 order.

But he was only just getting started.

Plaintiffs unlawfully tried to destroy TVAddons before trial

The Judge went on to note that from their own mouths, the Anton Piller order was purposely designed by the plaintiffs to completely shut down TVAddons, despite the fact that only a tiny proportion of the add-ons available on the site were allegedly used to infringe copyright.

“I am of the view that [the order’s] true purpose was to destroy the livelihood of the Defendant, deny him the financial resources to finance a defense to the claim made against him, and to provide an opportunity for discovery of the Defendant in circumstances where none of the procedural safeguards of our civil justice system could be engaged,” Judge Bell wrote.

As noted, plaintiffs must also have a “strong prima facie case” to obtain an Anton Piller order but Judge Bell says he’s not convinced that one exists. Instead, he praised the “forthright manner” of Lackman, who successfully compared the ability of Kodi addons to find content in the same way as Google search can.

So why the big turn around?

Judge Bell said that while the prima facie case may have appeared strong before the judge who heard the matter ex parte (without Lackman being present to defend himself), the subsequent adversarial hearing undermined it, to the point that it no longer met the threshold.

As a result of these failings, Judge Bell declared the Anton Piller order unlawful. Things didn’t improve for the plaintiffs on the injunction front either.

The Judge said that he believes that Lackman has “an arguable case” that he is not violating the Copyright Act by merely providing addons and that TVAddons is his only source of income. So, if an injunction to close the site was granted, the litigation would effectively be over, since the plaintiffs already admitted that their aim was to neutralize the platform.

If the platform was neutralized, Lackman could no longer earn money from the site, which would harm his ability to mount a defense.

“In considering the balance of convenience, I also repeat that the plaintiffs admit that the vast majority of add-ons are non-infringing. Whether the remaining approximately 1% are infringing is very much up for debate. For these reasons, I find the balance of convenience favors the defendant, and no interlocutory injunction will be issued,” the Judge declared.

With the Anton Piller order declared unlawful and no interlocutory injunction (one effective until the final determination of the case) handed down, things were about to get worse for the telecoms companies.

They had paid CAD$50,000 to the court in security in case things went wrong with the Anton Piller order, so TVAddons was entitled to compensation from that amount. That would be helpful, since at this point TVAddons had already run up CAD$75,000 in legal expenses.

On top, the Judge told independent counsel to give everything seized during the Anton Piller search back to Lackman.

The order to return items previously seized

But things were far from over. Within days, the telecoms companies took the decision to the Court of Appeal, asking for a stay of execution (a delay in carrying out a court order) to retain possession of items seized, including physical property, domains, and social media accounts.

Mid-July the appeal was granted and certain confidentiality clauses affecting independent counsel (including Daniel Drapeau, who holds the TVAddons’ domains) were ordered to be continued. However, considering the problems with the execution of the Anton Piller order, Bell Canada, TVA, Videotron and Rogers et al, were ordered to submit an additional security bond of CAD$140,000, on top of the CAD$50,000 already deposited.

So the battle continues, and continue it will

Speaking with TorrentFreak, Adam Lackman says that he has no choice but to fight the telcoms companies since not doing so would result in a loss by default judgment. Interestingly, both he and one of the judges involved in the case thus far believe he has an arguable case.

Lackman says that his activities are protected under the Canadian Copyright Act, specifically subparagraph 2.4(1)(b) which states as follows:

A person whose only act in respect of the communication of a work or other subject-matter to the public consists of providing the means of telecommunication necessary for another person to so communicate the work or other subject-matter does not communicate that work or other subject-matter to the public;

Of course, finding out whether that’s indeed the case will be a costly endeavor.

“It all comes down to whether we will have the financial resources necessary to mount our defense and go to trial. We won’t have ad revenue coming in, since losing our domain names means that we’ll lose the majority of our traffic for quite some time into the future,” Lackman told TF in a statement.

“We’re hoping that others will be as concerned as us about big companies manipulating the law in order to shut down what they see as competition. We desperately need help in financially supporting our legal defense, we cannot do it alone.

“We’ve run up a legal bill of over $100,000 to date. We’re David, and they are four Goliaths with practically unlimited resources. If we lose, it will mean that new case law is made, case law that could mean increased censorship of the internet.”

In the hope of getting support, TVAddons has launched a fundraiser campaign and in the meantime, a new version of the site is back on a new domain, TVAddons.co.

Given TVAddons’ line of defense, the nature of both the platform and Kodi addons, and the fact that there has already been a serious abuse of process during evidence preservation, this is now one of the most interesting and potentially influential copyright cases underway anywhere today.

TVAddons is being represented by Éva Richard , Hilal Ayoubi and Karim Renno in Canada, plus Erin Russell and Jason Sweet in the United States.

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