Tag Archives: the netherlands

‘Pirate’ EBook Site Refuses Point Blank to Cooperate With BREIN

Post Syndicated from Andy original https://torrentfreak.com/pirate-ebook-site-refuses-point-blank-to-cooperate-with-brein-171015/

Dutch anti-piracy group BREIN is probably best known for its legal action against The Pirate Bay but the outfit also tackles many other forms of piracy.

A prime example is the case it pursued against a seller of fully-loaded Kodi boxes in the Netherlands. The subsequent landmark ruling from the European Court of Justice will reverberate around Europe for years to come.

Behind the scenes, however, BREIN persistently tries to take much smaller operations offline, and not without success. Earlier this year it revealed it had taken down 231 illegal sites and services includes 84 linking sites, 63 streaming portals, and 34 torrent sites. Some of these shut down completely and others were forced to leave their hosting providers.

Much of this work flies under the radar but some current action, against an eBook site, is now being thrust into the public eye.

For more than five years, EBoek.info (eBook) has serviced Internet users looking to obtain comic books in Dutch. The site informs TorrentFreak it provides a legitimate service, targeted at people who have purchased a hard copy but also want their comics in digital format.

“EBoek.info is a site about comic books in the Dutch language. Besides some general information about the books, people who have legally obtained a hard copy of the books can find a link to an NZB file which enables them to download a digital version of the books they already have,” site representative ‘Zala’ says.

For those out of the loop, NZB files are a bit like Usenet’s version of .torrent files. They contain no copyrighted content themselves but do provide software clients with information on where to find specific content, so it can be downloaded to a user’s machine.

“BREIN claims that this is illegal as it is impossible for us to verify if our visitor is telling the truth [about having purchased a copy],” Zala reveals.

Speaking with TorrentFreak, BREIN chief Tim Kuik says there’s no question that offering downloads like this is illegal.

“It is plain and simple: the site makes links to unauthorized digital copies available to the general public and therefore is infringing copyright. It is distribution of the content without authorization of the rights holder,” Kuik says.

“The unauthorized copies are not private copies. The private copy exception does not apply to this kind of distribution. The private copy has not been made by the owner of the book himself for his own use. Someone else made the digital copy and is making it available to anyone who wants to download it provided he makes the unverified claim that he has a legal copy. This harms the normal exploitation of the
content.”

Zala says that BREIN has been trying to take his site offline for many years but more recently, the platform has utilized the services of Cloudflare, partly as a form of shield. As readers may be aware, a site behind Cloudflare has its originating IP addresses hidden from the public, not to mention BREIN, who values that kind of information. According to the operator, however, BREIN managed to obtain the information from the CDN provider.

“BREIN has tried for years to take our site offline. Recently, however, Cloudflare was so friendly to give them our IP address,” Zala notes.

A text copy of an email reportedly sent by BREIN to EBoek’s web host and seen by TF appears to confirm that Cloudflare handed over the information as suggested. Among other things, the email has BREIN informing the host that “The IP we got back from Cloudflare is XXX.XXX.XX.33.”

This means that BREIN was able to place direct pressure on EBoek.info’s web host, so only time will tell if that bears any fruit for the anti-piracy group. In the meantime, however, EBoek has decided to go public over its battle with BREIN.

“We have received a request from Stichting BREIN via our hosting provider to take EBoek.info offline,” the site informed its users yesterday.

Interestingly, it also appears that BREIN doesn’t appreciate that the operators of EBoek have failed to make their identities publicly known on their platform.

“The site operates anonymously which also is unlawful. Consumer protection requires that the owner/operator of a site identifies himself,” Kuik says.

According to EBoek, the anti-piracy outfit told the site’s web host that as a “commercial online service”, EBoek is required under EU law to display its “correct and complete business information” including names, addresses, and other information. But perhaps unsurprisingly, the site doesn’t want to play ball.

“In my opinion, you are confusing us with Facebook. They are a foreign commercial company with a European branch in Ireland, and therefore are subject to Irish legislation,” Zala says in an open letter to BREIN.

“Eboek.info, on the other hand, is a foreign hobby club with no commercial purpose, whose administrators have no connection with any country in the European Union. As administrators, we follow the laws of our country of residence which do not oblige us to disclose our identity through our website.

“The fact that Eboek is visible in the Netherlands does not just mean that we are going to adapt to Dutch rules, just as we don’t adapt the site to the rules of Saudi Arabia or China or wherever we are available.”

In a further snub to the anti-piracy group, EBoek says that all visitors to the site have to communicate with its operators via its guestbook, which is publicly visible.

“We see no reason to make an exception for Stichting BREIN,” the site notes.

What makes the situation more complex is that EBoek isn’t refusing dialog completely. The site says it doesn’t want to talk to BREIN but will speak to BREIN’s customers – the publishers of the comic books in question – noting that to date no complaints from publishers have ever been received.

While the parties argue about lines of communication, BREIN insists that following this year’s European Court of Justice decision in the GS Media case, a link to a known infringing work represents copyright infringement. In this case, an NZB file – which links to a location on Usenet – would generally fit the bill.

But despite focusing on the Dutch market, the operators of EBoek say the ruling doesn’t apply to them as they’re outside of the ECJ’s jurisdiction and aren’t commercially motivated. Refusing point blank to take their site offline, EBoek’s operators say that BREIN can do its worst, nothing will have much effect.

“[W]hat’s the worst thing that can happen? That our web host hands [BREIN] our address and IP data. In that case, it will turn out that…we are actually far away,” Zala says.

“[In the case the site goes offline], we’ll just put a backup on another server and, in this case, won’t make use of the ‘services’ of Cloudflare, the provider that apparently put BREIN on the right track.”

The question of jurisdiction is indeed an interesting one, particularly given BREIN’s focus in the Netherlands. But Kuik is clear – it is the area where the content is made available that matters.

“The law of the country where the content is made available applies. In this case the EU and amongst others the Netherlands,” Kuik concludes.

To be continued…..

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

Yarrrr! Dutch ISPs Block The Pirate Bay But It’s Bad Timing for Trolls

Post Syndicated from Andy original https://torrentfreak.com/yarrrr-dutch-isps-block-the-pirate-bay-but-its-bad-timing-for-trolls-171005/

While many EU countries have millions of Internet pirates, few have given citizens the freedom to plunder like the Netherlands. For many years, Dutch Internet users actually went about their illegal downloading with government blessing.

Just over three years ago, downloading and copying movies and music for personal use was not punishable by law. Instead, the Dutch compensated rightsholders through a “piracy levy” on writable media, hard drives and electronic devices with storage capacity, including smartphones.

Following a ruling from the European Court of Justice in 2014, however, all that came to an end. Along with uploading (think BitTorrent sharing), downloading was also outlawed.

Around the same time, The Court of The Hague handed down a decision in a long-running case which had previously forced two Dutch ISPs, Ziggo and XS4ALL, to block The Pirate Bay.

Ruling against local anti-piracy outfit BREIN, it was decided that the ISPs wouldn’t have to block The Pirate Bay after all. After a long and tortuous battle, however, the ISPs learned last month that they would have to block the site, pending a decision from the Supreme Court.

On September 22, both ISPs were given 10 business days to prevent subscriber access to the notorious torrent site, or face fines of 2,000 euros per day, up to a maximum of one million euros.

With that time nearly up, yesterday Ziggo broke cover to become the first of the pair to block the site. On a dedicated diversion page, somewhat humorously titled ziggo.nl/yarrr, the ISP explained the situation to now-blocked users.

“You are trying to visit a page of The Pirate Bay. On September 22, the Hague Court obliged us to block access to this site. The pirate flag is thus handled by us. The case is currently at the Supreme Court which judges the basic questions in this case,” the notice reads.

Ziggo Pirate Bay message (translated)

Customers of XS4ALL currently have no problem visiting The Pirate Bay but according to a statement handed to Tweakers by a spokesperson, the blockade will be implemented today.

In addition to the site’s main domains, the injunction will force the ISPs to block 155 URLs and IP addresses in total, a list that has been drawn up by BREIN to include various mirrors, proxies, and alternate access points. XS4All says it will publish a list of all the blocked items on its notification page.

While the re-introduction of a Pirate Bay blockade in the Netherlands is an achievement for BREIN, it’s potentially bad timing for the copyright trolls waiting in the wings to snare Dutch file-sharers.

As recently reported, movie outfit Dutch Filmworks (DFW) is preparing a wave of cash-settlement copyright-trolling letters to mimic those sent by companies elsewhere.

There’s little doubt that users of The Pirate Bay would’ve been DFW’s targets but it seems likely that given the introduction of blockades, many Dutch users will start to educate themselves on the use of VPNs to protect their privacy, or at least become more aware of the risks.

Of course, there will be no real shortage of people who’ll continue to download without protection, but DFW are getting into this game just as it’s likely to get more difficult for them. As more and more sites get blocked (and that is definitely BREIN’s overall plan) the low hanging fruit will sit higher and higher up the tree – and the cash with it.

Like all methods of censorship, site-blocking eventually drives communication underground. While anti-piracy outfits all say blocking is necessary, obfuscation and encryption isn’t welcomed by any of them.

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

Julia Reda MEP Likened to Nazi in Sweeping Anti-Pirate Rant

Post Syndicated from Andy original https://torrentfreak.com/julia-reda-mep-likened-to-nazi-in-sweeping-anti-pirate-rant-170926/

The debate over copyright and enforcement thereof is often polarized, with staunch supporters on one side, objectors firmly on the other, and never the twain shall meet.

As a result, there have been some heated battles over the years, with pro-copyright bodies accusing pirates of theft and pirates accusing pro-copyright bodies of monopolistic tendencies. While neither claim is particularly pleasant, they have become staples of this prolonged war of words and as such, many have become desensitized to their original impact.

This morning, however, musician and staunch pro-copyright activist David Lowery published an article which pours huge amounts of gas on the fire. The headline goes straight for the jugular, asking: Why is it Every Time We Turn Over a Pirate Rock White Nationalists, Nazi’s and Bigots Scurry Out?

Lowery’s opening gambit in his piece on The Trichordist is that one only has to scratch below the surface of the torrent and piracy world in order to find people aligned with the above-mentioned groups.

“Why is it every time we dig a little deeper into the pro-piracy and torrenting movement we find key figures associated with ‘white nationalists,’ Nazi memorabilia collectors, actual Nazis or other similar bigots? And why on earth do politicians, journalists and academics sing the praises of these people?” Lowery asks.

To prove his point, the Camper Van Beethoven musician digs up the fact that former Pirate Bay financier Carl Lündstrom had some fairly unsavory neo-fascist views. While this is not in doubt, Lowery is about 10 tens years too late if he wants to tar The Pirate Bay with the extremist brush.

“It’s called guilt by association,” Pirate Bay co-founder Peter Sunde explained in 2007.

“One of our previous ISPs [owned by Lündstrom] (with clients like The Red Cross, Save the Children foundation etc) gave us cheap bandwidth since one of the guys in TPB worked there; and one of the owners [has a reputation] for his political opinions. That does NOT make us in any way associated to what political views anyone else might or might not have.”

After dealing with TPB but failing to include the above explanation, Lowery moves on to a more recent target, Megaupload founder Kim Dotcom. Dotcom owns an extremely rare signed copy of Hitler’s autobiographical manifesto, Mein Kampf (My Struggle) and once wore a German World War II helmet. It’s a mistake Prince Harry made in 2005 too.

“I’ve bought memorabilia from Churchill, from Stalin, from Hitler,” Dotcom said in response to the historical allegations. “Let me make absolutely clear, OK. I’m not buying into the Nazi ideology. I’m totally against what the Nazis did.”

With Dotcom dealt with, Lowery then turns his attention to the German Pirate Party’s Julia Reda. As a Member of the European Parliament, Reda has made it her mission to deal with overreaching copyright law, which has made her a bit of a target. That being said, would anyone really try to shoehorn her into the “White Nationalists, Nazi’s and Bigots” bracket?

They would.

In his piece, Lowery highlights comments made by Reda last year, when she complained about the copyright situation developing around the diary written by Anne Frank, which detailed the horrors of living in occupied countries during World War II.

Anne Frank died in 1945 which means that the book was elevated into the public domain in the Netherlands on January 1, 2016, 70 years after her death. A copy was made available at Wikisource, a digital library of free texts maintained by the Wikimedia Foundation, which also operates Wikipedia.

However, in early February that same year, Anne Frank’s diary became unavailable, since U.S. copyright law dictates that works are protected for 95 years from date of publication.

“Today, in an unfortunate example of the overreach of the United States’ current copyright law, the Wikimedia Foundation removed the Dutch-language text of The Diary of a Young Girl,” said Jacob Rogers, Legal Counsel for the Wikimedia Foundation

“We took this action to comply with the United States’ Digital Millennium Copyright Act (DMCA), as we believe the diary is still under US copyright protection under the law as it is currently written,” he added.

Lowery ignores this background in its entirety. He actually ignores all of it in an effort to paint a picture of Reda engaging in some far-right agenda. Lowery even places emphasis on Reda’s nationality to force his point home.

“I don’t really know what to make of her except to say that this German politician really should find something other than the Anne Frank Diary and the Anne Frank Foundation to use as an example of a work that should be freely available in the public domain,” he writes.

“Think of all the copyrighted works out there for which she might reasonably argue a claim of public domain. She decided to pick the Anne Frank diary. Hmm.”

Lowery then accuses Reda of urging people on Twitter to pirate the book, in order to hurt the fight against anti-Semitism and somehow deprive Jewish people of an income.

“After all sales of the book are used by the Anne Frank Foundation to fight anti-semitism. It’s really quite a bad look for any MP, German or not. (Even if it is just the make-believe LARPing RPG EU Parliament),” Lowery writes.

“Or maybe that is the point? Defund the Anne Frank Foundation. Cause you know I read in the twittersphere that copyright producing media conglomerates are controlled by you-know-who.”

At this point, Lowery moves on to Fight For the Future, stating that their lack of racial diversity caused them to stumble into a racially charged copyright dispute involving the famous Martin Luther King speech.

The whole article can be read here but hopefully, most readers will recognize that America needs less division right now, not more hatred.

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

Block The Pirate Bay Within 10 Days, Dutch Court Tells ISPs

Post Syndicated from Andy original https://torrentfreak.com/block-the-pirate-bay-within-10-days-dutch-court-tells-isps-170922/

Three years ago in 2014, The Court of The Hague handed down its decision in a long-running case which had previously forced two Dutch ISPs, Ziggo and XS4ALL, to block The Pirate Bay.

Ruling against local anti-piracy outfit BREIN, which brought the case, the Court decided that a blockade would be ineffective and also restrict the ISPs’ entrepreneurial freedoms.

The Pirate Bay was unblocked while BREIN took its case to the Supreme Court, which in turn referred the matter to the EU Court of Justice for clarification. This June, the ECJ ruled that as a platform effectively communicating copyright works to the public, The Pirate Bay can indeed be blocked.

The ruling meant there were no major obstacles preventing the Dutch Supreme Court from ordering a future ISP blockade. Clearly, however, BREIN wanted a blocking decision more quickly. A decision handed down today means the anti-piracy group will achieve that in just a few days’ time.

The Hague Court of Appeal today ruled (Dutch) that the 2014 decision, which lifted the blockade against The Pirate Bay, is now largely obsolete.

“According to the Court of Appeal, the Hague Court did not give sufficient weight to the interests of the beneficiaries represented by BREIN,” BREIN said in a statement.

“The Court also wrongly looked at whether torrent traffic had been reduced by the blockade. It should have also considered whether visits to the website of The Pirate Bay itself decreased with a blockade, which speaks for itself.”

As a result, an IP address and DNS blockade of The Pirate Bay, similar to those already in place in the UK and other EU countries, will soon be put in place. BREIN says that four IP addresses will be affected along with hundreds of domain names through which the torrent platform can be reached.

The ISPs have been given just 10 days to put the blocks in place and if they fail there are fines of 2,000 euros per day, up to a maximum of one million euros.

“It is nice that obviously harmful and illegal sites like The Pirate Bay will be blocked again in the Netherlands,” says BREIN chief Tim Kuik.

“A very bad time for our culture, which was free to access via these sites, is now happily behind us.”

Today’s interim decision by the Court of Appeal will stand until the Supreme Court hands down its decision in the main case between BREIN and Ziggo / XS4ALL.

Looking forward, it seems extremely unlikely that the Supreme Court will hand down a conflicting decision, so we’re probably already looking at the beginning of the end for direct accessibility of The Pirate Bay in the Netherlands.

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

BREIN Tracks Down and Settles With “Libra Release Team”

Post Syndicated from Ernesto original https://torrentfreak.com/brein-tracks-down-and-settles-with-libra-release-team-170916/

Dutch anti-piracy outfit BREIN has been very active in recent years, targeting uploaders on various sharing sites and services.

This week the anti-piracy group announced yet another victory against a group of frequent copyright infringers in the Netherlands.

BREIN successfully tracked down and settled with two key members of the “Libra Release Team” (LRT), which is estimated to consist of eight to ten people in total.

LRT is best known in the Netherlands for repackaging English movie and TV releases with Dutch subtitles. These were then shared on torrent sites and Usenet forums.

According to court papers, the files in question were uploaded to place2home.org and place2home.net. However, they often spread out over other sites as well. In total, the release team has published nearly 800 titles.

BREIN tracked down the founder of LRT, who had already stopped uploading, and obtained an ex-parte court order against a more recent uploader. Both have settled with the anti-piracy group for a total of 8,000 euros, an amount that takes their financial situations into account.

The uploader was further summoned to and stop his activities effective immediately. If not, an ex-parte court order requires him to pay an additional penalty of €2,000 per day, up to a maximum of €50,000.

The court papers don’t mention how the members were uncovered, but it is likely that they left traces to their real identities online, which is often the case. The group also recruited new members publicly, using Skype and Gmail as contact addresses.

It’s unclear whether the settlements means the end of the Libra Release Team. While the targeted persons are unlikely to pick up their old habit, some of the others may still continue, perhaps under a new name.

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

ЕС: реформата на авторското право среща съпротива

Post Syndicated from nellyo original https://nellyo.wordpress.com/2017/09/14/eu_copyright_reform/

IP Watch следи хода на реформата на авторското право в Европейския съюз.

Реакцията на интернет компаниите срещу някои от предложенията е ясна и разбираема, както е разбираемо и  – симетрично – желанието на носителите на права за още контрол по отношение на платформите.

Известно е и мнението на академичните среди и експерти, очертаващо аргументирано проблемите в предложения проект.

В публикация от тази седмица се отбелязва позицията на   държави от ЕС  срещу проекта, в частност по въпроса за наблюдението на входа:  дали мониторингът при ъплоуд нарушава правата на човека? Цитира се документ, според който Белгия, Чехия, Финландия, Холандия и др. настояват Правната служба на Съвета да прецени дали член 13, разпоредбата за наблюдение при ъплоуд,  съответства на Хартата за основните права  и Директивата за електронната търговия в светлината на решенията на Съда на ЕС.

 Written questions from the authorities of Belgium, Czech Republic, Finland, Hungary, Ireland and the Netherlands to the Council Legal Service regarding Article 13 and Recital 38 of the proposal for a Directive on copyright in the digital single market (от сайта на Statewatch)

 

Ето началото на въпросите:

Член 13 от предложението на Комисията за директива относно авторското право в единния цифров пазар налага задължение на някои платформи за активно предотвратяване на качването от потребители на съдържание, което съдържа защитени произведения или предмет, които притежателите на права искат да блокират. Това може да се постигне само чрез използване на технологията за идентифициране и филтриране.
Същевременно Комисията заявява, че ще поддържа съществуващите принципи на електронната търговия в Директива 2001/29 / ЕО.

Предварителната идентификация и филтриране преди етапа на качване на съдържанието ще се осъществи автоматично, когато идентификационната технология намери съвпадение с дадено произведение или защитен предмет. Този процес ще се прилага за голямо разнообразие от онлайн услуги и платформи, използвани от европейските граждани, за да качват съдържание в интернет. На практика това би станало независимо от факта, че потребителят може да се възползва от изключение от авторското право.

Освен това установената съдебна практика на Съда на ЕС подчертава конфликта между мониторинга и основни права като защита на личните данни и право на стопанска дейност. В решението по делото Sabam / Netlog, Съдът на ЕС отказа да наложи задължение за систематичен мониторинг върху съдържанието на основание чл. 8, 11 и 16 от Хартата на основните права на ЕС.

Въпрос:
Дали мярка / задължение, както се предлага съгласно член 13, би била съвместима с Хартата (и по-специално член 11 – свободата на изразяване и информация, член 8 – Защита на личните данни – и член 16 – Свобода на стопанска дейност) в светлината на юриспруденцията на Съда на ЕС, която има за цел да осигури справедлив баланс при прилагането на конкуренцията на основни права?
Дали предложените мерки са оправдани и пропорционални?

*

Междувременно Естония –  като държава, председателстваща   Съвета на ЕС – е изпратила компромисен текст до държавите, запазващ идеите за наблюдение на входа. Въпреки режима на Директивата за електронната търговия се предвижда платформите и потребителите да носят отговорност за нарушения на авторските права.

Proposal for a a Directive of the European Parliament and of the Council on copyright in the Digital Single Market – Presidency compromise proposal regarding Articles 1, 2 and 10 to 16 (от сайта на Statewatch)

Освен разпоредбата на чл.13, спорна остава и разпоредбата на чл.11 от проекта  относно издателските права.

Ако се анализира каква беше перспективата през 2015 г., когато ЕП одобри доклада на Юлия Реда – и каква е  перспективата сега, на прага на приемането на ревизията, ще се види какъв шанс за адекватна уредба е все по-вероятно да бъде пропуснат.

 

Filed under: Digital, EU Law, Media Law

KinoX / Movie4K Admin Detained in Kosovo After Three-Year Manhunt

Post Syndicated from Andy original https://torrentfreak.com/kinox-movie4k-admin-detained-in-kosovo-after-three-year-manhunt-170912/

In June 2011, police across Europe carried out the largest anti-piracy operation the region had ever seen. Their target was massive streaming portal Kino.to and several affiliates with links to Spain, France and the Netherlands.

With many sites demonstrating phoenix-like abilities these days, it didn’t take long for a replacement to appear.

Replacement platform KinoX soon attracted a large fanbase and with that almost immediate attention from the authorities. In October 2014, Germany-based investigators acting on behalf of the Attorney General carried out raids in several regions of the country looking for four main suspects.

One raid, focused on a village near to the northern city of Lübeck, targeted two brothers, then aged 21 and 25-years-old. The pair, who were said to have lived with their parents, were claimed to be the main operators of Kinox.to and another large streaming site, Movie4K.to. Although two other men were arrested elsewhere in Germany, the brothers couldn’t be found.

This was to be no ordinary manhunt by the police. In addition to accusing the brothers of copyright infringement and tax evasion, authorities indicated they were wanted for fraud, extortion, and arson too. The suggestion was that they’d targeted a vehicle owned by a pirate competitor, causing it to “burst into flames”.

The brothers were later named as Kastriot and Kreshnik Selimi. Born in 1992, 21-year-old Kreshnik was born in Sweden. 25-year-old Kastriot was born in Kosovo in 1989 and along with his brother, later became a German citizen.

With authorities piling on the charges, the pair were accused of being behind not only KinoX and Movie4K, but also other hosting and sharing platforms including BitShare, Stream4k.to, Shared.sx, Mygully.com and Boerse.sx.

Now, almost three years later, German police are one step closer to getting their men. According to a Handelsblatt report via Tarnkappe, Kreshnik Selimi has been detained by authorities.

The now 24-year-old suspect reportedly handed himself to the German embassy located in the capital of Kosovo, Prestina. The location of the arrest isn’t really a surprise. Older brother Kastriot previously published a picture on Instagram which appeared to show a ticket in his name destined for Kosovo from Zurich in Switzerland.

But while Kreshnik’s arrest reportedly took place in July, there’s still no news of Kastriot. The older brother is still on the run, maybe in Kosovo, or by now, potentially anywhere else in the world.

While his whereabouts remain a mystery, the other puzzle faced by German authorities is the status of the two main sites the brothers were said to maintain.

Despite all the drama and unprecedented allegations of violence and other serious offenses, both Movie4K and KinoX remain stubbornly online, apparently oblivious to the action.

There have been consequences for people connected to the latter, however.

In December 2015, Arvit O (aka “Pedro”) who handled technical issues on KinoX, was sentenced to 40 months in prison for his involvement in the site.

Arvit O, who made a partial confession, was found guilty of copyright infringement by the District Court of Leipzig. The then 29-year-old admitted to infringing 2,889 works. The Court also found that he hacked the computers of two competitors in order to improve Kinox’s market share.

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

ShareBeast & AlbumJams Operator Pleads Guilty to Criminal Copyright Infringement

Post Syndicated from Andy original https://torrentfreak.com/sharebeast-albumjams-operator-pleads-guilty-to-criminal-copyright-infringement-170911/

In September 2015, U.S. authorities announced action against a pair of sites involved in music piracy.

ShareBeast.com and AlbumJams.com were allegedly responsible for the distribution of “a massive library” of popular albums and tracks. Both were accused of offering thousands of tracks before their official release dates.

The U.S. Department of Justice (DOJ) placed their now familiar seizure notice on both domains, with the RIAA claiming ShareBeast was the largest illegal file-sharing site operating in the United States. Indeed, the site’s IP addresses at the time indicated at least some hosting taking place in Illinois.

“This is a huge win for the music community and legitimate music services. Sharebeast operated with flagrant disregard for the rights of artists and labels while undermining the legal marketplace,” RIAA Chairman & CEO Cary Sherman commented at the time.

“Millions of users accessed songs from Sharebeast each month without one penny of compensation going to countless artists, songwriters, labels and others who created the music.”

Now, a full two years later, former Sharebeast operator Artur Sargsyan has pleaded guilty to one felony count of criminal copyright infringement, admitting to the unauthorized distribution and reproduction of over 1 billion copies of copyrighted works.

“Through Sharebeast and other related sites, this defendant profited by illegally distributing copyrighted music and albums on a massive scale,” said U. S. Attorney John Horn.

“The collective work of the FBI and our international law enforcement partners have shut down the Sharebeast websites and prevented further economic losses by scores of musicians and artists.”

The Department of Justice says that from 2012 to 2015, 29-year-old Sargsyan used ShareBeast as a pirate music repository, infringing works produced by Ariana Grande, Katy Perry, Beyonce, Kanye West, and Justin Bieber, among others. He linked to that content from Newjams.net and Albumjams.com, two other sites under his control.

The DoJ says that Sargsyan was informed at least 100 times that there was infringing content on ShareBeast but despite the warnings, the content remained available. When those warnings produced no results, the FBI – assisted by law enforcement in the UK and the Netherlands – seized servers used by Sargsyan to distribute the material.

Brad Buckles, EVP, Anti-Piracy at the RIAA, welcomed the guilty plea.

“Sharebeast and its related sites represented the most popular network of infringing music sites operated out of the United States. The network was responsible for providing millions of downloads of popular music files including unauthorized pre-release albums and tracks.This illicit activity was a gut-punch to music creators who were paid nothing by the service,” Buckles said.

“We are incredibly grateful for the government’s commitment to protecting the rights of artists and labels. We especially thank the dedicated agents of the FBI who painstakingly unraveled this criminal enterprise, and U.S. Attorney John Horn and his team for their work and diligence in seeing this case to its successful conclusion.”

Sargsyan, of Glendale, California, will be sentenced December 4 before U.S. District Judge Timothy C. Batten.

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

Private Torrent Site Legal Battle Heard By Court of Appeal

Post Syndicated from Andy original https://torrentfreak.com/private-torrent-site-legal-battle-heard-by-court-of-appeal-170908/

Founded way back in 2006, SwePiracy grew to become one of the most famous private torrent sites on the Swedish scene. Needless to say, it also became a target for anti-piracy outfits.

Six years after its debut and following an investigation by anti-piracy group Antipiratbyrån (now Rights Alliance), during 2012 police in Sweden and the Netherlands cooperated to shut down the site and arrest its operator.

In early 2016, more than four years on, SwePiracy’s then 25-year-old operator appeared in court to answer charges relating to the unlawful distribution of a sample 27 movies between March 2011 and February 2012. The prosecution demanded several years in prison and nearly $3.13 million (25 million kronor) in damages.

SwePiracy defense lawyer Per E. Samuelsson, who previously took part in The Pirate Bay trial, said the claims against his client were the most unreasonable he’d seen in his 35 years as a lawyer.

In October 2016, three weeks after the full trial, the Norrköping District Court handed down its decision. Given some of the big numbers being thrown around, the case seemed to turn out relatively well for the defendant.

While SwePiracy’s former operator was found guilty of copyright infringement, the prosecution’s demands for harsh punishment were largely pushed aside. A jail sentence was switched to probation plus community service, and the millions of dollars demanded in damages were reduced to ‘just’ $148,000, payable to movie outfit Nordisk Film. On top, $45,600 said to have been generated by SwePiracy was confiscated.

Almost immediately both sides announced an appeal, with the defendant demanding a more lenient sentence and the prosecution naturally leaning the other way. This week the case was heard at the Göta Court of Appeal, one of the six appellate courts in the Swedish system.

“We state that the District Court made an inaccurate assessment of the damages. So the damages claim remains at the same level as before,” Rights Alliance lawyer Henrik Pontén told Sweden’s IDG.

“There are two different approaches. We say that you have to pay for the entire license [for content when you infringe]. The District Court looked at how many times the movies were downloaded during the period.”

According to Pontén, the cost of such a license is hypothetical since there are no licenses available for distributing content through entities such as torrent sites, which have no mechanisms for control and no limits on sharing. That appears to have motivated the prosecution to demand a hefty price tag.

In addition to Rights Alliance wanting a better deal for their theoretical license, the official prosecutor also has issues with the amount of money that was confiscated from the platform.

“The operator has received donations to run the site. I have calculated how much money was received and the sum that the District Court awarded was almost half of my calculations,” Henrik Rasmusson told IDG.

Only time will tell how the Court of Appeal will rule but it’s worth noting that the decision could go either way or might even stand as it is now. In any event, this case has dragged on for far too long already and is unlikely to end positively for any of the parties involved.

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

Mandatory Piracy Filters Could Breach Human Rights, EU Members Warn

Post Syndicated from Ernesto original https://torrentfreak.com/mandatory-piracy-filters-could-breach-human-rights-eu-members-170906/

Last year, the European Commission published its long-awaited proposal to modernize EU copyright law. Among other things, it will require online services to do more to fight piracy.

Specifically, Article 13 of the proposed Copyright Directive requires online services to monitor and filter pirated content, in collaboration with rightsholders.

This means that online services, which deal with large volumes of user-uploaded content, must use fingerprinting or other detection mechanisms to block copyright infringing files, similar to YouTube’s Content-ID system.

The Commission stressed that the changes are needed to support copyright holders. However, many legal scholars, digital activists, and members of the public worry that they will violate the rights of regular Internet users.

They believe that mandatory filters ignore established case law and human rights. This critique is now, in part, backed up by questions from several EU member states.

Authorities in Belgium, Czech Republic, Finland, Hungary, Ireland and the Netherlands have recently sent a series of questions to the Council Legal Service, requesting clarification on several issues.

The document (pdf), published by Statewatch, asks whether a mandatory piracy filter is proportionate and compatible with existing law.

“Would the standalone measure/ obligation as currently proposed under Article 13 be compatible with the Charter of Human Rights […] in the light of the jurisprudence of the CJEU that aims to secure a fair balance in the application of competing fundamental rights?

“Are the proposed measures justified and proportionate?” the member states add.

Specifically, the member states suggest that the filters may hinder people’s right to freedom of expression and information, the right to protection of personal data, and freedom to conduct a business.

One of the problems is that such filters work by monitoring the communications of all citizens uploading to platforms, which would go against existing EU law. In the Sabam v Netlog case, the European Court of Justice ruled that hosting sites can’t be forced to filter copyrighted content, as this would violate the privacy of users and hinder freedom of information.

The letter, which was sent on July 25, also stresses that important copyright exceptions, such as parody and the right to quote, are not taken into account.

“The [Commission’s] proposal does not provide for appropriate measures that would enable these users to actually benefit from public interest copyright exceptions. It is important to point out that certain exceptions to copyright, such as e.g. parody or the quotation right are the embodiment in copyright of fundamental rights other than the right to property.”

This is not the first time that member states have responded critically to the proposal. Tweakers notes that the Dutch Government previously stressed that there should be a better balance between the rights of consumers and copyright holders.

The recent letter from the six member states backs up many of the questions that have been asked by activists, scholars and members of the public, including the “Save the Meme” campaign. These critics hope that the proposal will be changed substantially, ideally without mandatory piracy filters, when it’s voted on in the EU Parliament.

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

Piracy Fines For Dutch Pirates, Starting This Autumn

Post Syndicated from Andy original https://torrentfreak.com/piracy-fines-for-dutch-pirates-starting-this-autumn-170828/

In 2014, the European Court of Justice ruled that the “piracy levy”, used in the Netherlands to compensate rightsholders for illicit downloading, was unlawful. In the immediate aftermath, downloading from unauthorized sources was banned.

Three years on and illegal downloading is still considered by rightsholders to be a problem that needs to be brought under control. This means that BitTorrent users are the number one target since their activities also involve uploading, something that most courts consider to be a relatively serious offense.

With that in mind, Dutch film distributor Dutch Filmworks (DFW) is preparing a wave of anti-piracy activity that looks set to mimic the copyright-trolling activities of similar outfits all over the world.

A recent application to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens), revealed that DFW wishes to combat “the unlawful dissemination of copyright protected works” by monitoring the activities of BitTorrent users.

“DFW intends to collect data from people who exchange files over the Internet through BitTorrent networks. The data processing consists of capturing proof of exchange of files via IP addresses for the purpose of researching involvement of these users in the distribution or reproduction of copyrighted works,” it reads.

People who are monitored sharing DFW titles (the company says it intends to track people sharing dozens of releases) will get a letter with an offer to settle in advance of being taken to court. Speaking with NOS, DFW CEO Willem Pruijsserts now reveals that the campaign will begin in the autumn.

“[The lettter] will propose a fee,” he says. “If someone does not agree [to pay], the organization can start a lawsuit.”

Quite how much DFW will ask for is not yet clear, but Pruijsserts says the Dutch model will be more reasonable than similar schemes underway in other regions.

“In Germany, this costs between €800 and €1,000, although we find this a bit excessive. But of course it has to be a deterrent, so it will be more than a tenner or two,” he said.

In comments to RTLZ, Pruijsserts confirmed ‘fines’ of at least hundreds of euros.

According to documents filed with the Dutch data protection authority, DFW will employ an external German-based tracking company to monitor alleged pirates which will “automatically participate in swarms in which works from DFW are being shared.” The company has been named by RTL Z as German company Excipion, which could be linked to the monitoring outfit Tecxipio, which began as Excipio.

In conversation with NOS, Pruijsserts said that “hundreds of thousands” of people watched films like Mechanic: Resurrection without paying. This particular movie is notable for appearing in many piracy cases in the United States. It is one of the titles pursued relentlessly by lawyers acting in concert with notorious copyright-trolling outfit Guardaley.

Perhaps the most crucial element moving forward is whether DFW will be able to get ISPs to cooperate in handing over the personal details of allegedly infringing subscribers. Thus far, ISPs Ziggo and KPN have indicated they won’t do so without a court order, so further legal action will be required for DFW to progress.

When DFW’s application for discovery is heard by the court, it will be interesting to see how far the ISPs dig into the anti-piracy scheme. Finding out more about Guardaley, if the company is indeed involved, would be an intriguing approach, especially given the outfit’s tendency to scurry away (1,2) when coming under intense scrutiny.

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

BREIN is Taking Infamous ‘Piracy’ Hosting Provider Ecatel to Court

Post Syndicated from Andy original https://torrentfreak.com/brein-is-taking-infamous-piracy-hosting-provider-ecatel-to-court-170815/

A regular website can be easily hosted in most countries of the world but when the nature of the project begins to step on toes, opportunities begin to reduce. Openly hosting The Pirate Bay, for example, is something few providers want to get involved with.

There are, however, providers out there who specialize in hosting services that others won’t touch. They develop a reputation of turning a blind eye to their customers’ activities, only reacting when a crisis looms on the horizon. Despite the problems, there are a few that are surprisingly resilient.

One such host is Netherlands-based Ecatel, which has hit the headlines many times over the years for allegedly having customers involved in warez, torrents, and streaming, not to mention spam and malware. For hosting the former group, it’s now in the crosshairs of Dutch anti-piracy group BREIN.

According to an application for a witness hearing filed with The Court of the Hague by BREIN, Ecatel has repeatedly hosted websites dealing in infringing content over recent years. While this is nothing particularly out of the ordinary, BREIN claims that complaints filed against the sites were dealt with slowly by Ecatel or not at all.

Ecatel Ltd is a company incorporated in the UK with servers in the Netherlands but since 2015, another hosting company called Novogara has appeared in tandem. Court documents suggest that Novogara is associated with Ecatel, something that was confirmed early 2016 in an email sent out by Ecatel itself.

“We’d like to inform you that all services of Ecatel Ltd are taken over by a new brand called Novogara Ltd with immediate effect. The take-over includes Ecatel and all her subsidiaries,” the email read.

Muddying the waters a little more, in 2015 Ecatel’s IP addresses were apparently taken over by Quasi Networks Ltd, a Seychelles-based company whose business is described locally as being conducted entirely overseas.

“Stichting BREIN has found several websites in the network of Quasi Networks with obviously infringing content. Quasi Networks, however, does not respond structurally to requests for closing those websites. This involves unlawful acts against the parties associated with the BREIN Foundation,” a ruling from the Court reads.

As a result, BREIN wants a witness hearing with three defendants connected to the Ecatel/Novgara/Quasi group of companies in order to establish the relationship between the businesses, where their servers are, and who is behind Quasi Networks.

“Stichting BREIN is interested in this information in order to be able to judge who it can appeal to and whether it is useful to start a legal procedure,” the Court adds.

Two of the defendants failed to lodge a defense against BREIN’s application but one objected to the request for a hearing. He said that since Quasi Networks, Ecatel and Novogara are all incorporated outside the Netherlands, a trial must also be conducted abroad and therefore a Dutch judge would not have jurisdiction.

He also argued that BREIN would use the witness hearing as a “fishing expedition” in order to gather information it currently does not have, in order to formulate some kind of case against the defendants, in one way or another.

In a decision published this week, The Court of the Hague rejected that argument, noting that the basis for the claim is copyright infringement through Netherlands-hosted websites. Furthermore, the majority of the witnesses are resident in the district of The Hague. It also underlined the importance of a hearing.

“The request for holding a preliminary witness hearing opens an independent petition procedure, which does not address the eligibility of any claim that may be lodged. An investigation must be made by the judge who has to deal with and decide the main case – if it comes.

“The court points out that a preliminary witness hearing is now (partly) necessary to clarify whether and to what extent a claim has any chance of success,” the decision reads.

According to documents published by Companies House in the UK, Ecatel Ltd ceased to exist this morning, having been dissolved at the request of its directors.

The hearing of the witnesses is set to take place on Tuesday, September 26, 2017 at 9.30 in the Palace of Justice at Prince Claus 60 in The Hague.

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

Usenet Pirate Pays €4,800 ‘Fine’ After Being Exposed by Provider

Post Syndicated from Ernesto original https://torrentfreak.com/usenet-pirate-pays-e4800-fine-after-being-exposed-by-provider-170811/

Dutch anti-piracy outfit BREIN has been very active over the past several years, targeting uploaders on various sharing sites and services.

They cast their net wide and have gone after torrent users, Facebook groups, YouTube pirates and Usenet uploaders as well.

To pinpoint the latter group, BREIN contacts Usenet providers asking them to reveal the identity of a suspected user. This is also what happened in a case involving a former customer of Eweka.

The person in question, known under the alias ‘Badfan69,’ was accused of uploading 9,538 infringing works to Usenet, mostly older titles. After Eweka handed over his home address, BREIN reached out to him and negotiated a settlement.

The 44-year-old man has now agreed to pay a settlement of €4,800. If he continues to upload infringing content he will face an additional penalty of €2,000 per day, to a maximum of €50,000.

The case is an important victory for BREIN, not just because of the money.

When the anti-piracy group reached out to Usenet provider Eweka, the company initially refused to hand over any personal details. The Usenet provider argued that it’s a neutral intermediary that would rather not perform the role of piracy police. Instead, it wanted the court to decide whether the request was legitimate.

This resulted in a legal dispute where, earlier this year, a local court sided with BREIN. The Court stressed that in these type of copyright infringement cases, the Usenet provider is required to hand over the requested details.

Under Dutch law, ISPs can be obliged to hand over the personal details of their customers if the infringing activity is plausible and the damaged party has a legitimate interest. Importantly, the legal case clarified that this generally doesn’t require an intervention from the court.

“Providers must decide on a motivated request for the handover of a user’s address, based on their own consideration. A refusal to provide the information must be motivated, otherwise, it will be illegal and the provider will be charged for the costs,” BREIN notes.

While these Usenet cases are relatively rare, BREIN and other parties in the Netherlands, such as Dutch Filmworks, are also planning to go after large groups of torrent users. With the Usenet decision in hand, BREIN may want to argue that regular ISPs must also expose pirating users, without an intervention of the court.

This is not going to happen easily though. Several ISPs, most prominently Ziggo, announced that they would not voluntarily cooperate and are likely to fight out these requests in court to get a solid ‘torrent’ precedent.

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

Approved Reseller programme launch PLUS more Pi Zero resellers

Post Syndicated from Mike Buffham original https://www.raspberrypi.org/blog/approved-reseller/

Ever since the launch of the first Raspberry Pi back in 2012, one thing that has been critical to us is to make our products easy to buy in as many countries as possible.

Buying a Raspberry Pi is certainly much simpler nowadays than it was when we were just starting out. Nevertheless, we want to go even further, and so today we are introducing an Approved Reseller programme. With this programme, we aim to recognise those resellers that represent Raspberry Pi products well, and make purchasing them easy for their customers.

The Raspberry Pi Approved Reseller programme

We’re launching the programme in eleven countries today: the UK, Ireland, France, Spain, Portugal, Italy, the Netherlands, Belgium, Luxembourg, Greece and South Africa. Over the next few weeks, you will see us expand it to at least 50 countries.

We will link to the Approved Resellers’ websites directly from our Products page via the “Buy now” button. For customers who want to buy for business applications we have also added a “Buy for business” button. After clicking it, you will be able to select your country from a drop down menu. Doing so will link you directly to the local websites of our two licensed partners, Premier Farnell and Electrocomponents.

Our newest Raspberry Pi Zero resellers

On top of this we are also adding 6 new Raspberry Pi Zero resellers, giving 13 countries direct access to the Raspberry Pi Zero for the first time. We are particularly excited that these countries include Brazil and India, since they both have proved difficult to supply in the past.

The full list of new resellers is:

Hong Kong and China

Brazil

Raspberry Pi Brazil

India

Raspberry Pi India

Czech Republic and Slovakia

Raspberry Pi Czech Republic and Slovakia

Slovenia, Croatia, Serbia and Bosnia-Herzegovina

Raspberry Pi Slovenia, Croatia, Serbia and Bosnia

Romania, Bulgaria and Hungary

Raspberry Pi Romania, Bulgaria and Hungary

Mexico

Raspberry Pi Mexico

The post Approved Reseller programme launch PLUS more Pi Zero resellers appeared first on Raspberry Pi.

BREIN Takes Down 231 Pirate Sites in Six Months, But That’s Not All

Post Syndicated from Andy original https://torrentfreak.com/brein-takes-down-231-pirate-sites-in-six-months-but-thats-not-all-170722/

Over the years, the MPAA and RIAA have grabbed hundreds of headlines for their anti-piracy activities but recently their work has been more subtle. The same cannot be said of Dutch anti-piracy group BREIN.

BREIN is the most prominent outfit of its type in the Netherlands but it’s not uncommon for its work to be felt way beyond its geographical borders. The group’s report for the first six months of 2017 illustrates that in very clear terms.

In its ongoing efforts to reduce piracy on movies, music, TV shows, books and games, BREIN says it carried out 268 investigations during the first two quarters of 2017. That resulted in the takedown of 231 piracy-focused sites and services.

They included 45 cyberlocker linking sites, 30 streaming sites and 9 torrent platforms. The last eDonkey site in the Netherlands was among the haul after its operators reached a settlement with BREIN. The anti-piracy outfit reports that nearly all of the sites were operated anonymously so in many instances hosting providers were the ones to pull the plug, at BREIN’s request.

BREIN has also been actively tracking down people who make content available on file-sharing networks. These initial uploaders are considered to be a major part of the problem, so taking them out of the equation is another of BREIN’s goals.

In total, 14 major uploaders to torrent, streaming, and Usenet platforms were targeted by BREIN in the first six months of this year, with each given the opportunity to settle out of court or face legal action. Settlements typically involved a cash payment of between 250 and 7,500 euros but in several instances, uploaders were also required to take down the content they had uploaded.

In one interesting case, BREIN obtained an ex parte court order against a person running a “live cinema” on Facebook. He later settled with the anti-piracy group for 7,500 euros.

BREIN has also been active in a number of other areas. The group says it had almost 693,000 infringing results removed from Google search, pushing its total takedowns to more than 15.8 million. In addition, more than 2,170 listings for infringing content and devices were removed from online marketplaces and seven piracy-focused Facebook groups were taken down.

But while all of these actions have an effect locally, it is BREIN’s persistence in important legal cases that have influenced the copyright landscape across Europe.

Perhaps the most important case so far is BREIN v Filmspeler, which saw the anti-piracy group go all the way to the European Court of Justice for clarification on the law surrounding so-called “fully loaded” set-top boxes.

In a ruling earlier this year, the ECJ not only determined that selling such devices is a breach of copyright law, but also that people streaming content from an illicit source are committing an offense. Although the case began in the Netherlands, its effects will now be felt right across Europe, and that is almost completely down to BREIN.

But despite the reach of the ruling, BREIN has already been making good use of the decision locally. Not only has the operator of the Filmspeler site settled with BREIN “for a substantial amount”, but more than 200 sellers of piracy-configured set-top boxes have ceased trading since the ECJ decision. Some of the providers are the subject of further legal action.

Finally, a notable mention must go to BREIN’s determination to have The Pirate Bay blocked in the Netherlands. The battle against ISPs Ziggo and XS4ALL has been ongoing for seven years and like the Filmspeler case, required the attention of the European Court of Justice. While it’s still not over yet, it seems likely that the Supreme Court will eventually rule in BREIN’s favor.

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

BREIN Wants to Speed Up Dutch Pirate Bay Blockade

Post Syndicated from Ernesto original https://torrentfreak.com/brein-wants-to-speed-up-dutch-pirate-bay-blockade-170720/

While website blocking has become a common occurrence in many European countries, it has proven to be a rather cumbersome and slow-moving process in the Netherlands.

Seven years ago, Dutch anti-piracy group BREIN went to court to try and force local ISP Ziggo to block The Pirate Bay. Rival ISP XS4ALL later joined in on the action, which is still ongoing.

Initially, the court decided that blocking all subscribers went too far but BREIN wasn’t satisfied and took the case to a full trial, which they won.

Both Ziggo and XS4ALL filed subsequent appeals, arguing that the blockade was ineffective and denied subscribers’ free access to information, an argument which later proved successful.

The case eventually moved to the Supreme Court, which referred some questions to the European Court of Justice. The highest European court ruled that there are no legal obstacles to have a site like The Pirate Bay blocked, and now the ball is back with the Supreme Court again.

BREIN, however, has grown impatient and doesn’t want to wait until the Supreme Court comes to a final decision, which isn’t expected to happen before 2018. To speed things up, the anti-piracy group wants a new preliminary injunction at a lower court.

A new hearing on the Pirate Bay blockade is currently scheduled to take place at a court in The Hague early September, Tweakers reports.

BREIN director Tim Kuik informs TorrentFreak that the preliminary injunction will only be valid until the final verdict is handed down.

“We are requesting a preliminary injunction until the final decision in the procedural trial, now pending before the Dutch Supreme Court. After that, the final blocking decision applies,” Kuik says.

Kuik stresses that its action is supported by the recent EU Court of Justice ruling which clarified that The Pirate Bay facilitates copyright infringement, as well as an earlier ruling from 2014, which confirmed that EU Internet service providers can be required to block access to such sites.

Based on the second ruling, pirate site blockades are warranted if they make it harder for the public to access these sites. This is certainly the case here, according to Kuik, who refers to blockades in thirteen other EU countries.

In addition, the EU court stressed that blocking injunctions must be proportional, so as not to unnecessarily stop subscribers from lawfully accessing information.

Responding to the news, a Ziggo spokesman told Tweakers that BREIN is running ahead of itself. The provider is of the opinion that they have to wait for the Supreme Court to make a final decision before taking any further action.

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

Pirate App Store Operator Jailed for Criminal Copyright Infringement

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-app-store-operator-jailed-for-criminal-copyright-infringement-170710/

Assisted by police in France and the Netherlands, the FBI took down the “pirate” Android stores Appbucket, Applanet and SnappzMarket during the summer of 2012.

The domain seizures were the first ever against “rogue” mobile app marketplaces and followed similar actions against BitTorrent and streaming sites.

During the years that followed several people connected to the Android app sites were arrested and indicted. This is also true for the now 27-year-old Joshua Taylor, a resident of Kentwood, Michigan.

Taylor, who arranged SnappzMarket’s servers, was previously convicted of conspiracy to commit criminal copyright infringement and has now been sentenced (pdf) to 16 months in prison for his role in the operation.

According to the Department of Justice, SnappzMarket distributed more than one million pirated apps with a retail value exceeding $1.7 million.

In a sentencing memorandum, defense attorney John Lovell argued that his client never made any “profits” from his involvement, noting that the co-conspirators played a much more significant role.

“Josh Taylor is 27 years old with no other criminal history. His offense involved procuring storage space for the masterminds of the operation,” Lovell wrote. “SnappzMarket did not pay Josh. Whatever profits were generated by SnappzMarket were split between Sharp and Peterson.”

The court record further reveals that Taylor had a very tough childhood and was plagued by both mental and physical challenges.

According to the testimony from his psychologist Meredith Davis, he didn’t understand that he was committing a felonious act, and lacked the cognitive capacity do so intentionally.

The psychologist stressed that her client deeply regrets what happened and she doesn’t think it’s likely that would run into similar problems in the future.

“He has expressed a great deal of remorse for his involvement in the charged crime. Mr. Taylor possesses a high degree of vigilance to avoid any further contact with the law,” Davis wrote to the court.

Despite these arguments, U.S. District Judge Timothy Batten Sr. found a prison sentence appropriate.

While 16 months is significant, it’s not as much as 46 month prison sentence co-conspirator Scott Walton received earlier. Kody Peterson, another key SnappzMarket operator, only received a one year sentence but he agreed to do undercover work for the FBI.

Gary Edwin Sharp II, the only remaining defendant, previously pleaded guilty and is currently scheduled to be sentenced in November. Like the others, he also faces up to several years in prison.

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

200 ‘Pirate’ Media Player Sellers Shut Down After EU Court Ruling

Post Syndicated from Andy original https://torrentfreak.com/200-pirate-media-player-sellers-shut-down-after-eu-court-ruling-170630/

The huge increase in popularity of piracy-configured set-top boxes has been nothing short of amazing over the past 18 months.

According to numerous reports, their use has become somewhat of an epidemic in Europe, prompting concern from anti-piracy organizations across the continent.

One group at the forefront is Dutch anti-piracy outfit BREIN, who took a case against a seller of ‘pirate’ boxes all the way to the European Court of Justice – and won.

Handed down in April, the decision concluded that selling devices pre-configured for piracy (such as those loaded with Kodi and third-party addons) is illegal under EU law.

While news of the decision was never likely to reach all sellers of ‘pirate’ boxes, those under the impression that sales occupied some kind of gray area were quickly corrected. That resulted in some sellers exiting the market and others changing the way they operate, such as selling boxes blank and expecting users to configure them themselves.

Due to the locality of the original case, sellers in the Netherlands were always likely to feel the impact of the ECJ ruling most initially, particularly with BREIN breathing down their collective necks. That has just been effectively confirmed by the anti-piracy group, with the news that around 200 ‘pirate’ media player sellers have ceased trading since the decision.

“This is a mixture of individuals and companies,” BREIN chief Tim Kuik informs TorrentFreak.

Kuik says that the sales were taking place via dedicated websites, online stores such as Amazon and eBay, plus social platforms including Facebook.

In an indication of how much in demand the devices are, the BREIN chief says that most of the sellers sold nothing else but ‘pirate’ boxes, to sustain a business or bring in some extra cash for the entrepreneurial individual.

Kuik says that 150 out of the 200 entities were contacted directly by BREIN, who advised them to stop what they’re doing to avoid things getting out of hand.

“Typically we send an explanatory letter with a cease and desist undertaking. Everyone gets the opportunity to settle. Most take it,” Kuik says.

Of course, others choose not to comply with BREIN’s demands, so for them, things have the potential to get more expensive and complicated, given the right conditions.

“We have now entered a phase in which willful infringement is assumed and this means no more warnings. If no settlement is reached the case will go to court. We have a couple of court cases under preparation,” Kuik explains.

This could mean a contested court case, which following the ECJ ruling is likely to end badly for anyone selling boxes filled with pirate addons. That being said, settling with BREIN can be expensive too.

“Providers who settle with BREIN pay up to 10,000 euros. Those who continue can count on a multiple of that. There’s a raw deal for those who think they’ll just get a warning. That time is now over.”

For those who ignore BREIN’s overtures and threats of legal action, there’s also the possibility of a case going ahead without them even being there.

“Under certain circumstances, an ex parte court order may be applied for,” Kuik concludes.

While the legality of such devices now seems completely clear in the EU, the market is yet to settle. Given past innovations, it’s more than likely that new avenues will open up to re-test the law to a new breaking point – and beyond.

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

Sorry, the “You Wouldn’t Steal a Car” Anti-Piracy Ad Wasn’t ‘Pirated’

Post Syndicated from Ernesto original https://torrentfreak.com/sorry-the-you-wouldnt-steal-a-car-anti-piracy-ad-wasnt-pirated-170625/

In recent years millions of people have seen the Piracy It’s a Crime anti-piracy video.

According to popular belief and reputable news sources, the music used in the “You Wouldn’t Steal a Car” clip was itself pirated.

Oh the irony…

While the case in question dates back to the beginning of the decade, the alleged “theft” is still cited regularly. People regularly mention it on YouTube, Facebook, Twitter, and also while commenting on various memes, as recently as a few days ago.

Amusing, for sure, but there’s one problem. It’s not true.

The sources for this remarkable story refer to the case of Dutch musician Melchior Rietveldt. In 2006 he was asked to compose a piece of music to be used in an anti-piracy advert. This was supposed to be used exclusively at a local film festival.

However, it turned out that the anti-piracy ad was recycled for various other purposes without the composer’s permission. The clip had been used on dozens of DVDs both in the Netherlands and overseas. This means that Rietveldt’s music was used without his permission, or pirated, as some would say.

Piracy. It’s a Crime

The above is true, as we reported in the past. And the composer was eventually compensated for missed royalties. However, the whole case has nothing to do with the Piracy It’s a Crime clip. It’s about an entirely different ad.

The actual Rietveldt commercial is unknown to the wider public, and there are no online copies that we know of. What we do know is that the “Piracy. It’s a Crime” clip was produced in 2004, not 2006, and also not for a Dutch film festival.

The Piracy It’s a Crime ad was part of a joint initiative by the Motion Picture Association (MPA) and the Intellectual Property Office of Singapore (IPOS). The original announcement is still available online.

A source close to the Dutch film industry confirmed that the Rietveldt case has nothing to do with the frequently mentioned clip, which means that it’s all a massive misunderstanding. One that is now deeply ingrained in Internet history, it seems.

It made its way into the Who Sampled database, for example, ABC Science did a feature on it, and that’s just the tip of the iceberg.

So where does this fable originate from?

When covering the story, several news outlets used an image from the Piracy It’s a Crime video, since that’s the classic example of an anti-piracy ad. Somewhere along the line, however, other reporters started to identify that clip as Rietveldt’s work, without properly checking. Fast forward a few years and many now assume it’s an established fact.

Pirated or not, the Piracy it’s a Crime campaign remains a popular source for memes. Whether this is what the MPA and IPOS intended is doubtful, but at least they got the message out.

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

Nintendo & BREIN Target Seller of ‘Pirate’ Retro Gaming System

Post Syndicated from Andy original https://torrentfreak.com/nintendo-brein-target-seller-of-pirate-retro-gaming-system-170610/

As millions of often younger gamers immerse themselves in the latest 3D romp-fests from the world’s leading games developers, huge numbers of people are reliving their youth through the wonders of emulation.

The majority of old gaming systems can be emulated on a decent PC these days, opening up the possibility of reanimating thousands of the greatest games to ever grace the planet. While that’s a great prospect, the good news doesn’t stop there. The games are all free – if you don’t mind pirating them.

While many people go the do-it-yourself route by downloading emulators and ROMs (the games) from the Internet, increasingly people are saving time by buying systems ready-made online. Some of these are hugely impressive, housed in full-size arcade machine cabinets and packing many thousands of games. They also have sizeable price tags to match, running in some cases to thousands of dollars. But there are other options.

The rise of affordable compact computers has opened up emulation and retro gaming to a whole new audience and inevitable some people have taken to selling these devices online with the games pre-bundled on SD cards. These systems can be obtained relatively cheaply but despite the games being old, companies like Nintendo still take a dim view of their sale.

That’s also the case in the Netherlands, where Nintendo and other companies are taking action against people involved in the sale of what are effectively pirate gaming systems. In a recent case, Dutch anti-piracy outfit BREIN took action against the operator of the Retrospeler (Retro Player) site, an outlet selling a ready-made retro gaming system.

Retro Player site (translated from Dutch)

As seen from the image above, for a little under 110 euros the player can buy a games machine with classics like Super Mario, Street Fighter, and Final Fantasy pre-installed. Add a TV via an HDMI lead and a joypad or two, and yesteryear gaming becomes reality today. Unfortunately, the fun didn’t last long and it was soon “Game Over” for Retro Player.

Speaking with TorrentFreak, BREIN chief Tim Kuik says that the system sold by Retro Player was based on the popular Raspberry Pi single-board computer. Although small and relatively cheap, the Pi is easily capable of running retro games via software such as RetroPie, but it’s unclear which product was installed on the version sold by Retro Player.

What is clear is that the device came pre-installed with a lot of games. The now-defunct Retro Player site listed 6,500 titles for a wide range of classic gaming systems, including Gameboy, Super Nintendo, Nintendo 64, Megadrive and Playstation. Kuik didn’t provide precise numbers but said that the machine came packaged with “a couple of thousand” titles.

BREIN says in this particular case it was acting on behalf of Nintendo, among others. However, it doesn’t appear that the case will be going to court. Like many other cases handled by the anti-piracy group, BREIN says it has reached a settlement with the operator of the Retro Player site for an unspecified amount.

The debate and controversy surrounding retro gaming and emulation is one that has been running for years. The thriving community sees little wrong with reanimating games for long-dead systems and giving them new life among a new audience. On the other hand, copyright holders such as Nintendo view their titles as their property, to be exploited in a time, place and manner of their choosing.

While that friction will continue for a long time to come, there will be few if any legal problems for those choosing to pursue their emulation fantasies in the privacy of their own home. Retro gaming is here to stay and as long as computing power continues to increase, the experience is only likely to improve.

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