Tag Archives: tpb

The Pirate Bay Has Trouble Keeping Afloat

Post Syndicated from Ernesto original https://torrentfreak.com/the-pirate-bay-suffers-downtime-tor-domain-is-up-171128/

pirate bayThe crew of The Pirate Bay has had a hard time keeping the ship afloat over the past few days, something which has caused considerable downtime.

For a lot of people, the site still displays a Cloudflare error message across the entire site, and many proxies are affected by the downtime as well.

Not everyone is affected equally though. In some regions, the site loads just fine. That said, there are reports that, even then, uploads are broken and searches turn up blank.

TorrentFreak reached out to the TPB team but we have yet to hear more about the issue. Judging from past experience, however, it’s likely down to a small technical issue with part of the infrastructure that needs fixing.

Pirate Bay down

The Pirate Bay has had quite a few stints of downtime in recent months. The popular torrent site usually returns after several hours, although it can take longer on occasion.

But there’s some good news for those who desperately need to access the notorious torrent site.

TPB is still accessible through some proxies and its .onion address on the Tor network, via the popular Tor Browser, for example. The Tor traffic goes through a separate connection and works just fine.

New uploads are coming through as well, although these appear to be mostly from upload bots.

As always, the site’s admins and moderators are asking people to refrain from panicking while waiting patiently for the storm to subside, but seasoned TPB users will probably know the drill by now…

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

Pirate Bay Suffers Downtime, Tor and Proxies are Up

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-bay-down-for-24-hours-tor-and-proxies-are-up-171109/

pirate bayThe Pirate Bay has been unreachable for roughly a day now.

The site currently displays a CloudFlare error message across the entire site, with the CDN provider referring to an “unknown error.”

No further details are available to us and there is no known ETA for the site’s return. However, judging from past experience, it’s likely a small technical issue that needs fixing.

Pirate Bay downtime

The Pirate Bay has had quite a few stints of downtime in recent months. The popular torrent site usually returns after several hours, but an outage of more than 24 hours has happened before as well.

TorrentFreak reached out to the TPB team but we have yet to hear more about the issue.

Amid the downtime, there’s still some good news for those who desperately need to access the notorious torrent site. TPB is still available via its .onion address on the Tor network, accessible using the popular Tor Browser, for example. The Tor traffic goes through a separate server and works just fine.

The same is true for The Pirate Bay’s proxy sites, most of which are still working just fine.

The main .org domain will probably be back in action soon enough, but seasoned TPB users will probably know the drill by now…

The Pirate Bay is not the only torrent site facing problems at the moment. 1337x.to is also suffering downtime. A week ago the site’s operator said that the site was under attack, which may still be ongoing. Meanwhile, 1337x’s official proxy is still online.

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

The Pirate Bay’s .SE Domain is Back in Action

Post Syndicated from Ernesto original https://torrentfreak.com/the-pirate-bays-se-domain-is-back-in-action-171024/

Last week The Pirate Bay’s .SE domain name expired and, soon after, it was deactivated.

As a result, many people could no longer use their old bookmarks, which traditionally pointed them to the most recent domain of the notorious torrent site.

This appeared to mark the end of this historic domain but today it’s clear that this is not the case. For the past few hours, Thepiratebay.se has been operating as usual again, directing visitors to the current .org domain.

A quick look at the Whois information shows that the domain has been reactivated and the registration updated to October next year. This means that it’s safe, at least for a while.

Thepiratebay.se back in action

At the time of writing it’s unclear whether the Pirate Bay listed the deactivation or if this was done on behalf of the Swedish Court of Appeal.

In 2013, a local anti-piracy group filed a motion to have it seized. This resulted in a lengthy legal battle where the Swedish Court of Appeal eventually ruled that The Pirate Bay’s domain had to be confiscated and forfeited to the state.

The forfeiture has yet to take place, though, as the case is still pending at the Supreme Court. Because of this, the Pirate Bay’s owners are not allowed to change the domain details, which may be why it expired initially.

However, without re-registering it, the domain would be released to the public again. This means that outsiders could pick it up, which isn’t supposed to happen, and this is likely why it’s now active again.

The Pirate Bay has yet to comment on the domain issue. When we hear from the team this article will be updated accordingly.

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

Pirate Bay’s Iconic .SE Domain has Expired (Updated)

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-bays-iconic-se-domain-has-expired-and-is-for-sale-171016/

When The Pirate Bay first came online during the summer of 2003, its main point of access was thepiratebay.org.

Since then the site has burnt through more than a dozen domains, trying to evade seizures or other legal threats.

For many years thepiratebay.se operated as the site’s main domain name. Earlier this year the site moved back to the good old .org again, and from the looks of it, TPB is ready to say farewell to the Swedish domain.

Thepiratebay.se expired last week and, if nothing happens, it will be de-activated tomorrow. This means that the site might lose control over a piece of its history.

The torrent site moved from the ORG to the SE domain in 2012, fearing that US authorities would seize the former. Around that time the Department of Homeland Security took hundreds of sites offline and the Pirate Bay team feared that they would be next.

Thepiratebay.se has expired

Ironically, however, the next big threat came from Sweden, the Scandinavian country where the site once started.

In 2013, a local anti-piracy group filed a motion targeting two of The Pirate Bay’s domains, ThePirateBay.se and PirateBay.se. This case that has been dragging on for years now.

During this time TPB moved back and forth between domains but the .se domain turned out to be a safer haven than most alternatives, despite the legal issues. Many other domains were simply seized or suspended without prior notice.

When the Swedish Court of Appeal eventually ruled that The Pirate Bay’s domain had to be confiscated and forfeited to the state, the site’s operators moved back to the .org domain, where it all started.

Although a Supreme Court appeal is still pending, according to a report from IDG earlier this year the court has placed a lock on the domain. This prevents the owner from changing or transferring it, which may explain why it has expired.

The lock is relevant, as the domain not only expired but has also been put of for sale again in the SEDO marketplace, with a minimum bid of $90. This sale would be impossible, if the domain is locked.

Thepiratebay.se for sale

Perhaps the most ironic of all is the fact that TPB moved to .se because it feared that the US controlled .org domain was easy prey.

Fast forward half a decade and over a dozen domains have come and gone while thepiratebay.org still stands strong, despite entertainment industry pressure.

Update: We updated the article to mention that the domain name is locked by the Swedish Supreme Court. This means that it can’t be updated and would explain why it has expired.

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

Pirate Bay is Mining Cryptocurrency Again, No Opt Out

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-bay-is-mining-cryptocurrency-again-no-opt-out-171011/

Last month The Pirate Bay caused some uproar by adding a Javascript-based cryptocurrency miner to its website.

The miner utilizes CPU power from visitors to generate Monero coins for the site, providing an extra source of revenue.

The Pirate Bay only tested the option briefly, but that was enough to inspire many others to follow suit. Now, a few weeks later, Pirate Bay has also turned on the miners again.

The miner is not directly embedded in the site’s core code but runs through an ad script. Many ad blockers and anti-malware tools are stopping these request, but people who don’t use any will see a clear spike in CPU usage when they access the site.

The Pirate Bay team previously said that they were testing the miner to see if it can replace ads. While there is some real revenue potential, for now, it’s running in addition to the regular banners. It’s unclear whether the current mining period is another test or if it will run permanently from now on.

The miner does appear to be throttled to a certain degree, so most users might not even notice that it’s running.

Pirate Bay load requests

Running a cryptocurrency miner such as the Coin-Hive script TPB is currently using is not without risk. Aside from user complaints, there is an issue that may make it harder for the site to operate in the future.

Last week we reported that CDN provider Cloudflare had suspended the account of torrent proxy site ProxyBunker, flagging its coin miner as malware. This means that The Pirate Bay now risks losing the Cloudflare service, which they rely on for DDoS protection, among other things.

Cloudflare’s suspension of ProxyBunker occurred even though the site provided users with an option to disable the miner. This functionality was implemented by Coinhive after the script was misused by some sites, which ran it without alerting their users.

The Pirate Bay currently has no opt-out option, nor has it informed users about the latest mining efforts. This could lead to another problem since Coinhive said it would crack down on customers who failed to keep users in the loop.

“We will verify this opt-in on our servers and will implement it in a way that it can not be circumvented. We will pledge to keep the opt-in intact at all times, without exceptions,” the Coinhive team previously noted.

The Pirate Bay team has not commented on the issue thus far. In theory, it’s possible that a rogue advertiser is responsible for the latest mining efforts. If that’s the case it will be disabled soon enough.

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.

Cryptocurrency Miner Targeted by Anti-Virus and Adblock Tools

Post Syndicated from Ernesto original https://torrentfreak.com/cryptocurrency-miner-targeted-by-anti-virus-and-adblock-tools-170926/

Earlier this month The Pirate Bay caused some uproar by adding a Javascript-based cryptocurrency miner to its website.

The miner utilizes CPU power from visitors to generate Monero coins for the site, providing an extra revenue source.

While Pirate Bay only tested the option briefly, it inspired many others to follow suit. Streaming related sites such as Alluc, Vidoza, and Rapidvideo jumped on board, and torrent site Demonoid also ran some tests.

During the weekend, Coinhive’s miner code even appeared on the official website of Showtime. The code was quickly removed and it’s still unclear how it got there, as the company refuses to comment. It’s clear, though, that miners are a hot topic thanks to The Pirate Bay.

The revenue potential is also real. TorrentFreak spoke to Vidoza who say that with 30,000 online users throughout the day (2M unique visitors), they can make between $500 and $600. That’s when the miner is throttled at 50%. Although ads can bring in more, it’s not insignificant.

That said, all the uproar about cryptocurrency miners and their possible abuse has also attracted the attention of ad-blockers. Some people have coded new browser add-ons to block miners specifically and the popular uBlock Origin added Coinhive to its default blocklist as well. And that’s just after a few days.

Needless to say, this limits the number of miners, and thus the money that comes in. And there’s another problem with a similar effect.

In addition to ad-blockers, anti-virus tools are also flagging Coinhive. Malwarebytes is one of the companies that lists it as a malicious activity, warning users about the threat.

The anti-virus angle is one of the issues that worries Demonoid’s operator. The site is used to ad-blockers, but getting flagged by anti-virus companies is of a different order.

“The problem I see there and the reason we will likely discontinue [use of the miner] is that some anti-virus programs block it, and that might get the site on their blacklists,” Deimos informs TorrentFreak.

Demonoid’s miner announcement

Vidoza operator Eugene sees all the blocking as an unwelcome development and hopes that Coinhive will tackle it. Coinhive may want to come out in public and start to discuss the issue with ad-blockers and anti-virus companies, he says.

“They should find out under what conditions all these guys will stop blocking the script,” he notes.

The other option would be to circumvent the blocking through proxies and circumvention tools, but that might not be the best choice in the long run.

Coinhive, meanwhile, has chimed in as well. The company says that it wasn’t properly prepared for the massive attention and understands why some ad-blockers have put them on the blacklist.

“Providing a real alternative to ads and users who block them turned out to be a much harder problem. Coinhive, too, is now blocked by many ad-block browser extensions, which – we have to admit – is reasonable at this point.”

Most complaints have been targeted at sites that implemented the miner without the user’s consent. Coinhive doesn’t like this either and will take steps to prevent it in future.

“We’re a bit saddened to see that some of our customers integrate Coinhive into their pages without disclosing to their users what’s going on, let alone asking for their permission,” the Coinhive team notes.

The crypto miner provider is working on a new implementation that requires explicit consent from website visitors in order to run. This should deal with most of the negative responses.

If users start mining voluntarily, then ad-blockers and anti-virus companies should no longer have a reason to block the script. Nor will it be easy for malware peddlers to abuse it.

To be continued.

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.

How Much Money Can Pirate Bay Make From a Cryptocoin Miner?

Post Syndicated from Ernesto original https://torrentfreak.com/how-much-money-can-pirate-bay-make-from-a-cryptocoin-miner-170924/

In recent years many pirate sites have struggled to make a decent income.

Not only are more people using ad-blockers now, the ad-quality is also dropping as copyright holders actively go after this revenue source, trying to dry up the funds of pirate sites.

Last weekend The Pirate Bay tested a cryptocurrency miner to see whether that could offer a viable alternative. This created quite a bit of backlash, but there were plenty of positive comments too.

The question still remains whether the mining efforts can bring in enough money to pay all the bills.

The miner is provided by Coinhive which, at the time of writing, pays out 0.00015 XMR per 1M hashes. So how much can The Pirate Bay make from this?

To get a rough idea we did some back-of-the-envelope calculations, starting with the site’s visitor numbers.

SimilarWeb estimates that The Pirate Bay has roughly 315 million visits per month. On average, users spend five minutes on the site per “visit”. While we have reason to believe that this underestimates the site’s popularity, we’ll use it as an illustration.

We spoke to Coinhive and they estimate that a user with a mid-range laptop would have a hashrate of 30 h/s.

In Pirate Bay’s case this would translate to 30 hashes * 300 seconds * 315M visits = 2,835,000M hashes per month. If the miner is throttled at 30% this would drop to 850,000M hashes.

If Coinhive pays out 0.00015 XMR per million hashes, TPB would get 127.5 XMR per month, which is roughly $12,000 at the moment. Since the miner doesn’t appear on all pages and because some may actively block it, this number will drop a bit further.

Keep in mind that this is just an illustration using several estimated variables which may vary greatly over time. Still, it gives a broad idea of the potential.

Since Pirate Bay tested the miner several other sites jumped on board as well. We’ll keep a close eye on the developments and hope we can share some real data in the future.

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

Are Cryptocurrency Miners The Future for Pirate Sites?

Post Syndicated from Ernesto original https://torrentfreak.com/are-cryptocurrency-miners-the-future-for-pirate-sites-170921/

Last weekend The Pirate Bay surprised friend and foe by adding a Javascript-based cryptocurrency miner to its website.

The miner utilizes CPU power from visitors to generate Monero coins for the site, providing an extra revenue source.

Initially, this caused the CPUs of visitors to max out due to a configuration error, but it was later adjusted to be less demanding. Still, there was plenty of discussion on the move, with greatly varying opinions.

Some criticized the site for “hijacking” their computer resources for personal profit, without prior warning. However, there are also people who are happy to give something back to TPB, especially if it can help the site to remain online.

Aside from the configuration error, there was another major mistake everyone agreed on. The Pirate Bay team should have alerted its visitors to this change beforehand, and not after the fact, as they did last weekend.

Despite the sensitivities, The Pirate Bay’s move has inspired others to follow suit. Pirate linking site Alluc.ee is one of the first. While they use the same mining service, their implementation is more elegant.

Alluc shows how many hashes are mined and the site allows users to increase or decrease the CPU load, or turn the miner off completely.

Alluc.ee miner

Putting all the controversy aside for a minute, the idea to let visitors mine coins is a pretty ingenious idea. The Pirate Bay said it was testing the feature to see if it’s possible as a replacement for ads, which might be much needed in the future.

In recent years many pirate sites have struggled to make a decent income. Not only are more people using ad-blockers now, the ad-quality is also dropping as copyright holders actively go after this revenue source, trying to dry up the funds of pirate sites. And with Chrome planning to add a default ad-blocker to its browser, the outlook is grim.

A cryptocurrency miner might alleviate this problem. That is, as long as ad-blockers don’t start to interfere with this revenue source as well.

Interestingly, this would also counter one of the main anti-piracy talking points. Increasingly, industry groups are using the “public safety” argument as a reason to go after pirate sites. They point to malicious advertisements as a great danger, hoping that this will further their calls for tougher legislation and enforcement.

If The Pirate Bay and other pirate sites can ditch the ads, they would be less susceptible to these and other anti-piracy pushes. Of course, copyright holders could still go after the miner revenues, but this might not be easy.

TorrentFreak spoke to Coinhive, the company that provides the mining service to The Pirate Bay, and they don’t seem eager to take action without a court order.

“We don’t track where users come from. We are just providing servers and a script to submit hashes for the Monero blockchain. We don’t see it as our responsibility to determine if a website is ‘valid’ and we don’t have the technical capabilities to do so,” a Coinhive representative says.

We also contacted several site owners and thus far the response has been mixed. Some like the idea and would consider adding a miner, if it doesn’t affect visitors too much. Others are more skeptical and don’t believe that the extra revenue is worth the trouble.

The Pirate Bay itself, meanwhile, has completed its test run and has removed the miner from the site. They will now analyze the results before deciding whether or not it’s “the future” for them.

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

The Pirate Bay Website Runs a Cryptocurrency Miner

Post Syndicated from Ernesto original https://torrentfreak.com/the-pirate-bay-website-runs-a-cryptocurrency-miner-170916/

Four years ago many popular torrent sites added an option to donate via Bitcoin. The Pirate Bay was one of the first to jump on board and still lists its address on the website.

While there’s nothing wrong with using Bitcoin as a donation tool, adding a Javascript cryptocurrency miner to a site is of a totally different order.

A few hours ago many Pirate Bay users began noticing that their CPU usage increased dramatically when they browsed certain Pirate Bay pages. Upon closer inspection, this spike appears to have been caused by a Bitcoin miner embedded on the site.

The code in question is tucked away in the site’s footer and uses a miner provided by Coinhive. This service offers site owners the option to convert the CPU power of users into Monero coins.

The miner does indeed appear to increase CPU usage quite a bit. It is throttled at different rates (we’ve seen both 0.6 and 0.8) but the increase in resources is immediately noticeable.

The miner is not enabled site-wide. When we checked, it appeared in the search results and category listings, but not on the homepage or individual torrent pages.

There has been no official comment from the site operators on the issue (update, see below), but many users have complained about it. In the official site forums, TPB supermoderator Sid is clearly not in agreement with the site’s latest addition.

“That really is serious, so hopefully we can get some action on it quickly. And perhaps get some attention for the uploading and commenting bugs while they’re at it,” Sid writes.

Like many others, he also points out that blocking or disabling Javascript can stop the automatic mining. This can be done via browser settings or through script blocker addons such as NoScript and ScriptBlock. Alternatively, people can block the miner URL with an ad-blocker.

Whether the miner is a new and permanent tool, or perhaps triggered by an advertiser, is unknown at the point. When we hear more this article will be updated accordingly.

Update: We were told that the miner is being tested for a short period as a new way to generate revenue. This could eventually replace the ads on the site. More info may be revealed later.

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

No, Google Drive is Definitely Not The New Pirate Bay

Post Syndicated from Andy original https://torrentfreak.com/no-google-drive-is-definitely-not-the-new-pirate-bay-170910/

Running close to two decades old, the world of true mainstream file-sharing is less of a mystery to the general public than it’s ever been.

Most people now understand the concept of shifting files from one place to another, and a significant majority will be aware of the opportunities to do so with infringing content.

Unsurprisingly, this is a major thorn in the side of rightsholders all over the world, who have been scrambling since the turn of the century in a considerable effort to stem the tide. The results of their work have varied, with some sectors hit harder than others.

One area that has taken a bit of a battering recently involves the dominant peer-to-peer platforms reliant on underlying BitTorrent transfers. Several large-scale sites have shut down recently, not least KickassTorrents, Torrentz, and ExtraTorrent, raising questions of what bad news may arrive next for inhabitants of Torrent Land.

Of course, like any other Internet-related activity, sharing has continued to evolve over the years, with streaming and cloud-hosting now a major hit with consumers. In the main, sites which skirt the borders of legality have been the major hosting and streaming players over the years, but more recently it’s become clear that even the most legitimate companies can become unwittingly involved in the piracy scene.

As reported here on TF back in 2014 and again several times this year (1,2,3), cloud-hosting services operated by Google, including Google Drive, are being used to store and distribute pirate content.

That news was echoed again this week, with a report on Gadgets360 reiterating that Google Drive is still being used for movie piracy. What followed were a string of follow up reports, some of which declared Google’s service to be ‘The New Pirate Bay.’

No. Just no.

While it’s always tempting for publications to squeeze a reference to The Pirate Bay into a piracy article due to the site’s popularity, it’s particularly out of place in this comparison. In no way, shape, or form can a centralized store of data like Google Drive ever replace the underlying technology of sites like The Pirate Bay.

While the casual pirate might love the idea of streaming a movie with a couple of clicks to a browser of his or her choice, the weakness of the cloud system cannot be understated. To begin with, anything hosted by Google is vulnerable to immediate takedown on demand, usually within a matter of hours.

“Google Drive has a variety of piracy counter-measures in place,” a spokesperson told Mashable this week, “and we are continuously working to improve our protections to prevent piracy across all of our products.”

When will we ever hear anything like that from The Pirate Bay? Answer: When hell freezes over. But it’s not just compliance with takedown requests that make Google Drive-hosted files vulnerable.

At the point Google Drive responds to a takedown request, it takes down the actual file. On the other hand, even if Pirate Bay responded to notices (which it doesn’t), it would be unable to do anything about the sharing going on underneath. Removing a torrent file or magnet link from TPB does nothing to negatively affect the decentralized swarm of people sharing files among themselves. Those files stay intact and sharing continues, no matter what happens to the links above.

Importantly, people sharing using BitTorrent do so without any need for central servers – the whole process is decentralized as long as a user can lay his or her hands on a torrent file or magnet link. Those using Google Drive, however, rely on a totally centralized system, where not only is Google king, but it can and will stop the entire party after receiving a few lines of text from a rightsholder.

There is a very good reason why sites like The Pirate Bay have been around for close to 15 years while platforms such as Megaupload, Hotfile, Rapidshare, and similar platforms have all met their makers. File-hosting platforms are expensive-to-run warehouses full of files, each of which brings direct liability for their hosts, once they’re made aware that those files are infringing. These days the choice is clear – take the files down or get brought down, it’s as simple as that.

The Pirate Bay, on the other hand, is nothing more than a treasure map (albeit a valuable one) that points the way to content spread all around the globe in the most decentralized way possible. There are no files to delete, no content to disappear. Comparing a vulnerable Google Drive to this kind of robust system couldn’t be further from the mark.

That being said, this is the way things are going. The cloud, it seems, is here to stay in all its forms. Everyone has access to it and uploading content is easier – much easier – than uploading it to a BitTorrent network. A Google Drive upload is simplicity itself for anyone with a mouse and a file; the same cannot be said about The Pirate Bay.

For this reason alone, platforms like Google Drive and the many dozens of others offering a similar service will continue to become havens for pirated content, until the next big round of legislative change. At the moment, each piece of content has to be removed individually but in the future, it’s possible that pre-emptive filters will kill uploads of pirated content before they see the light of day.

When this comes to pass, millions of people will understand why Google Drive, with its bots checking every file upload for alleged infringement, is not The Pirate Bay. At this point, if people have left it too long, it might be too late to reinvigorate BitTorrent networks to their former glory.

People will try to rebuild them, of course, but realizing why they shouldn’t have been left behind at all is probably the best protection.

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

Game of Thrones Traffic Surge Slowed Down The Pirate Bay

Post Syndicated from Ernesto original https://torrentfreak.com/game-thrones-traffic-surge-slowed-pirate-bay-170830/

pirate bayThe Pirate Bay was unreachable for several hours today, after it already experienced connectivity issues on Monday and Tuesday.

Today’s downtime was due to a DDoS attack, we were informed, and at the time of writing the site is working fine again.

What’s interesting, though, is that the site’s connectivity issues earlier this week were triggered by something more unusual. A massive increase in “Game of Thrones” traffic.

Yesterday, the TPB-team said traffic to the site quadrupled on Monday after the season finale was uploaded. A 400% increase means millions of extra visitors, something that can easily grind a site down to a halt.

The Pirate Bay is capable of handling some traffic peaks, we were told, but the Game of Thrones surge was hard to manage.

The spike in visitors is not unique to The Pirate Bay website. It affected other torrent sites too, especially after The Pirate Bay became unreachable in some parts of the world.

One torrent site owner found the traffic surge so unprecedented and sudden, that it almost seemed like a DDoS attack.

The problems are not limited to torrent sites alone. Plenty of legal streaming platforms had trouble keeping up with the Game of Thrones demand as well. For example, a lot of HBO Go users complained that they couldn’t access the service when the season finale aired.

Finally, to illustrate how Game of Thrones traffic is dominating torrents sites we only have to look at the most shared files on The Pirate Bay. Currently, top seven are all GoT related.

Now that Game of Thrones has come to an end, for this season at least, things are likely to calm down a bit.

TPB’s most shared torrents

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

Next Game of Thrones Episode Leaks Online Early

Post Syndicated from Ernesto original https://torrentfreak.com/next-game-of-thrones-episode-leaks-online-170804/

It’s been a pretty rough week for HBO thus far.

After hackers got their hands on over a terabyte of confidential information, including Game of Thrones scripts, another major leak has just surfaced.

Starting a few hours ago, a copy of the upcoming Game of Thrones episode “The Spoils of War” began to circulate on various file-sharing and streaming sites, including The Pirate Bay.

GoT s07e04 leak on TPB

While most copies are pulled offline quickly, presumably by HBO itself, the unreleased fourth episode of season 7 is still widely available.

Although the leak comes only a few days after the prominent HBO hack, the two might not be related. The leaked episode appears to be an internal release and is tagged with “For Internal Viewing Only” as well as a prominent “Star India Pvt Ltd” watermark.

Star India is a large media company owned by 21st Century Fox, which broadcasts the popular HBO series locally.

Screenshot from the leaked episode

Show/hide screenshot

Despite being a low-quality leak, plenty of eager Game of Thrones fans are likely to jump on the episode early. Whether the pirated copy is intact, or whether it’s unfinished is unclear. The official release will still take a few more days.

This is not the first time that Game of Thrones episodes have leaked early. Two years ago the same happened with the first four episodes of season 5. Still, leaks or not, that season still broke previous viewership records.

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 Bay Re-enters List of 100 Most Popular Sites on the Internet

Post Syndicated from Ernesto original https://torrentfreak.com/pirate-bay-re-enters-list-of-100-most-popular-sites-on-the-internet-170708/

thepirateWhen the The Pirate Bay suffered over a month of downtime late 2014, many of the site’s regular visitors went elsewhere.

This resulted in a significant traffic dip afterwards, but in recent months the notorious torrent site has seen a massive uptick in visitors.

At the beginning of the year TPB was already the largest torrent site. Today, Internet traffic ranking service Alexa lists the site among the 100 most-visited domains in the world once again, in 99th place. That’s the first time in three years.

While external traffic measurements are far from perfect, the graph below shows a steady increase in ranking since last summer. Exactly how many visitors The Pirate Bay has remains unknown, but SimilarWeb estimates it at a quarter billion ‘visits’ per month.

Keep in mind that the estimates above don’t account for the dozens of Pirate Bay proxies that serve users in countries where the site is blocked. That will likely add several millions of monthly visitors, at least.

Whether Pirate Bay’s recent resurgence is something torrent users should be happy about is another question. The recent uptick in traffic is mostly caused by the demise of other torrent sites.

Last summer both KickassTorrents and Torrentz left the scene, and ExtraTorrent followed a few weeks ago. Many of these users have flocked to The Pirate Bay, which is the prime source for user uploaded torrents.

That the Pirate Bay is still around is somewhat of an achievement in itself. Over the years there have been numerous attempts to shut the site down.

It started in 2006, when Swedish authorities raided the site following pressure from the United States, only for the site to come back stronger. The criminal convictions of the site’s founders didn’t kill the site either, nor did any of the subsequent attempts to take it offline.

While many pirates have fallen in love with TPB’s deviant behavior, the recent downfall of other sites means that there’s a lot of pressure and responsibility on the shoulders of the site now. Many other indexers rely on TPB for their content, which is something not everyone realizes.

For now, however, TPB continues its reign.

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

Security updates for Tuesday

Post Syndicated from ris original https://lwn.net/Articles/726568/rss

Security updates have been issued by Arch Linux (expat and poppler), Debian (unrar-nonfree and vlc), Fedora (chromium and mercurial), Gentoo (freeradius, kauth, and libreoffice), Mageia (glibc, irssi, kernel, kernel-linus, kernel-tmb, and rpcbind/libtirpc), openSUSE (libgcrypt, netpbm, and sudo), Oracle (sudo), Scientific Linux (mercurial), Slackware (kernel), SUSE (jakarta-taglibs-standard, kernel, and kernel-source), and Ubuntu (apache2).

Indie Game Developer Shares Free Keys on The Pirate Bay

Post Syndicated from Ernesto original https://torrentfreak.com/indie-game-developer-shares-free-keys-on-the-pirate-bay-170626/

Online piracy is an issue that affects many industries, and indie game developers are certainly no exception.

How people respond can vary from person to person. What’s right and what’s wrong largely depends on one’s individual beliefs, and some do better with pirates than others.

Jacob Janerka, developer of the indie adventure game ‘Paradigm,’ was faced with this issue recently. A few days after his game was released he spotted a cracked copy on The Pirate Bay.

But, instead of being filled with anger and rage while running to the nearest anti-piracy outfit, Janerka decided to reach out to the pirates. Not to school or scold them, but to offer a few free keys.

“Hey everyone, I’m Jacob the creator of Paradigm. I know some of you legitimately can’t afford the game and I’m glad you get to still play it :D,” Janerka’s comment on TPB reads.

Having downloaded many pirated games himself in the past, Janerka knows that some people simply don’t have the means to buy all the games they want to play. So he’s certainly not going to condemn others for doing the same now, although it would be nice if some bought it later.

“If you like the game, please tell your friends and maybe even consider buying it later,” he added.

Janerka’s comment

The response has gone relatively unnoticed for a while but was posted on Reddit recently, where many people applauded the developer for his refreshing approach.

We reached out to Janerka to find out what motivated him to share the free keys on The Pirate Bay. He says that it was mostly a matter of understanding that many pirates are actually huge game fans who don’t have the money to buy every game they want to play.

Allowing them to do so for free, might lead to a few paying customers down the road, something he experienced first hand.

“I did it because I understand that in some cases, some people legitimately cannot afford the game and would like to play it. So maybe HOPEFULLY for a lucky few, they got the official keys and got to play it and enjoy it.

“I know for sure that when I was a young kid, I was unable to buy all the games I wanted and played pirated games. And when I actually got that disposable income, I ended up buying sequels/merch/extra copies,” Janerka adds.

The developer doesn’t think that piracy hurts him much, as many people who pirate his games don’t have the money to buy them anyway. In addition, having non-paying fans of the game is more valuable than having no fans at all.

“Maybe I lost a few sales or whatever, but people liking your game can be just as valuable. Realistically, most people who pirated it, wouldn’t have played it anyway, so its neat that more people get to experience it, when they wouldn’t have otherwise,” he says.

It’s a refreshing approach to see. While pirates should be under no illusion that any major developer will follow suit, they are probably happy that someone from the industry views piracy from a different perspective.

For Janerka, there’s probably something positive in this as well. He wins the sympathy of many game pirates, and as the news spreads, this could even generate some additional sales for the Paradigm game.

Paradigm trailer

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

Съд на ЕС: за достъпа до The Pirate Bay

Post Syndicated from nellyo original https://nellyo.wordpress.com/2017/06/15/the-pirate-bay-5/

Вчера беше публикувано решението на Съда на ЕС по дело C‑610/15 Stichting Brein срещу Ziggo BV и XS4ALL Internet BV.

Решението засяга функционирането и достъпа до The Pirate Bay.

Спорът

9 Ziggo и XS4ALL са доставчици на достъп до интернет. Значителна част от техните абонати ползват платформата за онлайн споделяне TPB, индексатор на BitTorrent файлове. BitTorrent е протокол, чрез който потребителите (наричани „равноправни устройства“ или „peers“) могат да споделят файлове. Съществената характеристика на BitTorrent се състои в това, че файловете, които се споделят, са разделени на малки сегменти, като по този начин отпада необходимостта от централен сървър за съхраняване на тези файлове, което облекчава тежестта на индивидуалните сървъри в процеса на споделянето. За да могат да споделят файлове, потребителите трябва най-напред да свалят специален софтуер, наречен „BitTorrent клиент“, който не се предлага от платформата за онлайн споделяне TPB. Този BitTorrent клиент представлява софтуер, който позволява създаването на торент файлове.

10      Потребителите (наричани „seeders“ [сийдъри]), които желаят да предоставят файл от своя компютър на разположение на други потребители (наричани „leechers“ [лийчъри]), трябва да създадат торент файл чрез своя BitTorrent клиент. Торент файловете препращат към централен сървър (наричан „tracker“ [тракер]), който идентифицира потребители, които могат да споделят конкретен торент файл, както и прилежащия към него медиен файл. Тези торент файлове се качват (upload) от сийдърите (на платформа за онлайн споделяне, каквато е TPB, която след това ги индексира, за да могат те да бъдат намирани от потребителите на платформата за онлайн споделяне и произведенията, към които тези торент файлове препращат, да могат да бъдат сваляни (download) на компютрите на последните на отделни сегменти чрез техния BitTorrent клиент.

11      Често пъти вместо торенти се използват магнитни линкове. Тези линкове идентифицират съдържанието на торента и препращат към него чрез цифров отпечатък.

12      Голямото мнозинство от предлаганите на платформата за онлайн споделяне TPB торент файлове препращат към произведения, които са обект на закрила от авторски права, без да е дадено разрешение от носителите на авторското право на администраторите и на потребителите на тази платформа за извършване на действията по споделянето.

13      Главното искане на Stichting Brein в производството пред националната юрисдикция е да разпореди на Ziggo и на XS4ALL да блокират имената на домейни и интернет адресите на платформата за онлайн споделяне TPB с цел да се предотврати възможността за ползване на услугите на тези доставчици на достъп до интернет за нарушаване на авторското и сродните му права на носителите на правата, чиито интереси защитава Stichting Brein.

Въпросите

 При тези обстоятелства Hoge Raad der Nederlanden (Върховен съд на Нидерландия) решава да спре производството по делото и да постави на Съда следните преюдициални въпроси:

„1)      Налице ли е публично разгласяване по смисъла на член 3, параграф 1 от Директива 2001/29 от страна на администратора на уебсайт, ако на този уебсайт не са налице защитени произведения, но съществува система […], с която намиращи се в компютрите на потребителите метаданни за защитени произведения се индексират и категоризират за потребителите по начин, по който последните могат да проследяват, да качват онлайн, както и да свалят закриляните произведения?

2)      При отрицателен отговор на първия въпрос:

Дават ли член 8, параграф 3 от Директива 2001/29 и член 11 от Директива 2004/48 основание за издаването на забрана по отношение на посредник по смисъла на тези разпоредби, който по описания във въпрос 1 начин улеснява извършването на нарушения от трети лица?“.

Вече имаме заключението на Генералния адвокат Szpunar, според което

обстоятелството, че операторът на уебсайт индексира файлове, съдържащи закриляни с авторско право произведения, които се предлагат за споделяне в peer-to-peer мрежа, и предоставя търсачка, с което позволява тези файлове да бъдат намирани, представлява публично разгласяване по смисъла на член 3, параграф 1 от Директива 2001/29, когато операторът знае, че дадено произведение е предоставено на разположение в мрежата без съгласието на носителите на авторските права, но не предприема действия за блокиране на достъпа до това произведение.

Решението

Понятието „публично разгласяване“ обединява два кумулативни елемента, а именно „акт на разгласяване“ на произведение и „публичност“ на разгласяването (решение от 26 април 2017 г., Stichting Brein, C‑527/15, EU:C:2017:300, т. 29 и цитираната съдебна практика). За да се прецени дали даден ползвател извършва акт на публично разгласяване по смисъла на член 3, параграф 1 от Директива 2001/29, трябва да се отчетат няколко допълнителни критерия, които не са самостоятелни и са взаимозависими.

  • ключовата роля на потребителя и съзнателния характер на неговата намеса. Всъщност този потребител извършва акт на разгласяване, когато, като съзнава напълно последиците от своето поведение, се намесва, за да предостави на клиентите си достъп до произведение, което е обект на закрила, и по-специално когато без неговата намеса тези клиенти по принцип не биха могли да се ползват от разпространеното произведение. (вж. в този смисъл решение от 26 април 2017 г., Stichting Brein, C‑527/15, EU:C:2017:300, т. 31 и цитираната съдебна практика).
  • понятието „публично“ се отнася до неопределен брой потенциални адресати и освен това предполага наличие на доста голям брой лица (решение от 26 април 2017 г., Stichting Brein, C‑527/15, EU:C:2017:300, т. 32 и цитираната съдебна практика).
  • закриляното произведение трябва да бъде разгласено, като се използва специфичен технически способ, различен от използваните дотогава, или, ако не е използван такъв способ — пред „нова публика“, тоест публика, която не е била вече взета предвид от носителите на авторското право при даването на разрешение за първоначалното публично разгласяване на произведението им (решение от 26 април 2017 г., Stichting Brein, C‑527/15, EU:C:2017:300, т. 33 и цитираната съдебна практика).
  • дали публичното разгласяване  е извършено с цел печалба (решение от 26 април 2017 г., Stichting Brein, C‑527/15, EU:C:2017:300, т. 34 и цитираната съдебна практика).

42 В случая, видно от акта за преюдициално запитване, значителна част от абонатите на Ziggo и XS4ALL са сваляли медийни файлове чрез платформата за онлайн споделяне TPB. Както следва и от представените пред Съда становища, тази платформа се използва от значителен брой лица, като администраторите от TPB съобщават на своята платформа за онлайн споделяне за десетки милиони „потребители“. В това отношение разглежданото в главното производство разгласяване се отнася най-малкото до всички потребители на тази платформа. Тези потребители могат да имат достъп във всеки момент и едновременно до защитените произведения, които са споделени посредством посочената платформа. Следователно това разгласяване се отнася до неопределен брой потенциални адресати и предполага наличие на голям брой лица (вж. в този смисъл решение от 26 април 2017 г., Stichting Brein, C‑527/15, EU:C:2017:300, т. 45 и цитираната съдебна практика).

43      От това следва, че с разгласяване като разглежданото в главното производство закриляни произведения действително се разгласяват „публично“ по смисъла на член 3, параграф 1 от Директива 2001/29.

44      Освен това, що се отнася до въпроса дали тези произведения са разгласяват на „нова“ публика по смисъла на съдебната практика, цитирана в точка 28 от настоящото съдебно решение, следва да се посочи, че в решението си от 13 февруари 2014 г., Svensson и др. (C‑466/12, EU:C:2014:76, т. 24 и 31), както и в определението си от 21 октомври 2014 г., BestWater International (C‑348/13, EU:C:2014:2315, т. 14) Съдът е приел, че това е публика, която носителите на авторските права не са имали предвид, когато са дали разрешение за първоначалното разгласяване.

45      В случая, видно от становищата, представени пред Съда, от една страна, администраторите на платформата за онлайн споделяне TPB са знаели, че тази платформа, която предоставят на разположение на потребителите и която администрират, дава достъп до произведения, публикувани без разрешение на носителите на правата, и от друга страна, че същите администратори изразяват изрично в блоговете и форумите на тази платформа своята цел да предоставят закриляните произведения на разположение на потребителите и поощряват последните да реализират копия от тези произведения. Във всички случаи, видно от акта за преюдициално запитване, администраторите на онлайн платформата TPB не може да не са знаели, че тази платформа дава достъп до произведения, публикувани без разрешението на носителите на правата, с оглед на обстоятелството, което се подчертава изрично от запитващата юрисдикция, че голяма част от торент файловете, които се намират на платформата за онлайн споделяне TPB, препращат към произведения, публикувани без разрешението на носителите на правата. При тези обстоятелства следва да се приеме, че е налице разгласяване пред „нова публика“ (вж. в този смисъл решение от 26 април 2017 г., Stichting Brein, C‑527/15, EU:C:2017:300, т. 50).

46      От друга страна, не може да се оспори, че предоставянето на разположение и администрирането на платформа за онлайн споделяне като разглежданата в главното производство се извършва с цел да се извлече печалба, тъй като тази платформа генерира, видно от становищата, представени пред Съда, значителни приходи от реклама.

47      Вследствие на това трябва да се приеме, че предоставянето на разположение и администрирането на платформа за онлайн споделяне като разглежданата в главното производство, съставлява „публично разгласяване“ по смисъла на член 3, параграф 1 от Директива 2001/29.

48      С оглед на всички изложени съображения на първия въпрос следва да се отговори, че понятието „публично разгласяване“  трябва да се тълкува в смисъл, че  в неговия обхват попада предоставянето на разположение и администрирането в интернет на платформа за споделяне, която чрез индексиране на метаданните относно закриляните произведения и с предлагането на търсачка позволява на потребителите на платформата да намират тези произведения и да ги споделят в рамките на мрежа с равноправен достъп (peer-to-peer).

Масовите коментари са, че решението засилва позициите на търсещите блокиране организации.

Filed under: Digital, EU Law, Media Law Tagged: съд на ес