Tag Archives: Universal Music

ISP Telenor Will Block The Pirate Bay in Sweden Without a Shot Fired

Post Syndicated from Andy original https://torrentfreak.com/isp-telenor-will-block-the-pirate-bay-in-sweden-without-a-shot-fired-180520/

Back in 2014, Universal Music, Sony Music, Warner Music, Nordisk Film and the Swedish Film Industry filed a lawsuit against Bredbandsbolaget, one of Sweden’s largest ISPs.

The copyright holders asked the Stockholm District Court to order the ISP to block The Pirate Bay and streaming site Swefilmer, claiming that the provider knowingly facilitated access to the pirate platforms and assisted their pirating users.

Soon after the ISP fought back, refusing to block the sites in a determined response to the Court.

“Bredbandsbolaget’s role is to provide its subscribers with access to the Internet, thereby contributing to the free flow of information and the ability for people to reach each other and communicate,” the company said in a statement.

“Bredbandsbolaget does not block content or services based on individual organizations’ requests. There is no legal obligation for operators to block either The Pirate Bay or Swefilmer.”

In February 2015 the parties met in court, with Bredbandsbolaget arguing in favor of the “important principle” that ISPs should not be held responsible for content exchanged over the Internet, in the same way the postal service isn’t responsible for the contents of an envelope.

But with TV companies SVT, TV4 Group, MTG TV, SBS Discovery and C More teaming up with the IFPI alongside Paramount, Disney, Warner and Sony in the case, Bredbandsbolaget would need to pull out all the stops to obtain victory. The company worked hard and initially the news was good.

In November 2015, the Stockholm District Court decided that the copyright holders could not force Bredbandsbolaget to block the pirate sites, ruling that the ISP’s operations did not amount to participation in the copyright infringement offenses carried out by some of its ‘pirate’ subscribers.

However, the case subsequently went to appeal, with the brand new Patent and Market Court of Appeal hearing arguments. In February 2017 it handed down its decision, which overruled the earlier ruling of the District Court and ordered Bredbandsbolaget to implement “technical measures” to prevent its customers accessing the ‘pirate’ sites through a number of domain names and URLs.

With nowhere left to go, Bredbandsbolaget and owner Telenor were left hanging onto their original statement which vehemently opposed site-blocking.

“It is a dangerous path to go down, which forces Internet providers to monitor and evaluate content on the Internet and block websites with illegal content in order to avoid becoming accomplices,” they said.

In March 2017, Bredbandsbolaget blocked The Pirate Bay but said it would not give up the fight.

“We are now forced to contest any future blocking demands. It is the only way for us and other Internet operators to ensure that private players should not have the last word regarding the content that should be accessible on the Internet,” Bredbandsbolaget said.

While it’s not clear whether any additional blocking demands have been filed with the ISP, this week an announcement by Bredbandsbolaget parent company Telenor revealed an unexpected knock-on effect. Seemingly without a single shot being fired, The Pirate Bay will now be blocked by Telenor too.

The background lies in Telenor’s acquisition of Bredbandsbolaget back in 2005. Until this week the companies operated under separate brands but will now merge into one entity.

“Telenor Sweden and Bredbandsbolaget today take the final step on their joint trip and become the same company with the same name. As a result, Telenor becomes a comprehensive provider of broadband, TV and mobile communications,” the company said in a statement this week.

“Telenor Sweden and Bredbandsbolaget have shared both logo and organization for the last 13 years. Today, we take the last step in the relationship and consolidate the companies under the same name.”

Up until this final merger, 600,000 Bredbandsbolaget broadband customers were denied access to The Pirate Bay. Now it appears that Telenor’s 700,000 fiber and broadband customers will be affected too. The new single-brand company says it has decided to block the notorious torrent site across its entire network.

“We have not discontinued Bredbandsbolaget, but we have merged Telenor and Bredbandsbolaget and become one,” the company said.

“When we share the same network, The Pirate Bay is blocked by both Telenor and Bredbandsbolaget and there is nothing we plan to change in the future.”

TorrentFreak contacted the PR departments of both Telenor and Bredbandsbolaget requesting information on why a court order aimed at only the latter’s customers would now affect those of the former too, more than doubling the blockade’s reach. Neither company responded which leaves only speculation as to its motives.

On the one hand, the decision to voluntarily implement an expanded blockade could perhaps be viewed as a little unusual given how much time, effort and money has been invested in fighting web-blockades in Sweden.

On the other, the merger of the companies may present legal difficulties as far as the court order goes and it could certainly cause friction among the customer base of Telenor if some customers could access TPB, and others could not.

In any event, the legal basis for web-blocking on copyright infringement grounds was firmly established last year at the EU level, which means that Telenor would lose any future legal battle, should it decide to dig in its heels. On that basis alone, the decision to block all customers probably makes perfect commercial sense.

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

Canadian Government Triggers Major Copyright Review

Post Syndicated from Andy original https://torrentfreak.com/canadian-government-triggers-major-copyright-review-171214/

The Copyright Act of Canada was first passed in 1921 and in the decades that followed has undergone considerable amendment.

Between 2005 and 2010, several bills failed to gain traction due to opposition but in 2011 the Copyright Modernization Act was tabled. A year later, in the summer of 2012, it was passed into law.

The Act tackles a number of important issues, such as allowing time and format shifting, plus backup copies, as long as DRM isn’t circumvented along the way. So-called ‘fair dealing’ also enjoys expansion while statutory damages for non-commercial scale infringement are capped at CAD$5000 per proceeding. Along with these changes sits the “notice-and-notice” regime, in which ISPs forward infringement notices to subscribers on behalf of copyright holders.

The Act also mandates a review of copyright law every five years, a period that expired at the end of June 2017. Yesterday a House of Commons motion triggered the required parliamentary review, which will be carried out by the Standing Committee on Industry, Science and Technology. It didn’t take long for the music industry to make its position known.

Music Canada, whose key members are Sony Music, Universal Music and Warner Music, enthusiastically welcomed the joint announcement from the Minister of Innovation, Science and Economic Development and the Minister of Canadian Heritage.

“I applaud Minister Bains and Minister Joly for initiating this review of the Copyright Act,” said Graham Henderson, President and CEO of Music Canada.

“Music creators, and all creators who depend on copyright, deserve a Copyright Act that protects their rights when their works are commercialized by others. This is our chance to address the Value Gap threatening the livelihood of Canadian creators and the future of Canadian culture.”

That the so-called “Value Gap” has been immediately thrown on the table comes as no surprise. The term, which loosely refers to the way user-generated platforms like YouTube are able to avoid liability for infringing content while generating revenue from it, is a hot topic around the world at the moment.

In the US and Europe, for example, greater emphasis is being placed on YouTube’s position than on piracy itself, with record labels claiming that the platform gains an unfair advantage in licensing negotiations, something which leads to a “gap” between what is paid for music, and what it’s actually worth.

But the recording labels are unlikely to get an easy ride. As pointed out in a summary by Canadian law professor Michael Geist, the notice-and-takedown rules that facilitate the “Value Gap” are not even part of Canadian law and even without them, the labels have done just fine.

“The industry has enjoyed remarkable success since 2012, growing far faster [than] the world average and passing Australia as the world’s 6th largest music market,” Geist writes.

“The growth has come largely through Internet streaming revenues, which now generate tens of millions of dollars every year for creators, publishers, and the broader industry. The industry is also likely to continue to lobby for copyright term extension, as foreshadowed by a lobbying blitz just last month in Ottawa.”

As reported in September, telecoms companies and the entertainment industries are pressing for website blockades, without intervention from the courts. The upcoming copyright review will provide additional opportunity to push that message home.

“Bell admits that copyright reform is not needed for site blocking, but the link to the Copyright Act ensures that the issue will be a prominent part of its lobbying campaign,” Geist notes.

“The reality is that Canada is already home to some of the toughest anti-piracy laws in the world with many legislative tools readily available for rights holders and some of the largest damages provisions found anywhere in the world.”

But for copyright holders, a review also has the potential to swing things the other way.

The previously mentioned notice-and-notice regime, for example, was put in place as an alternative to more restrictive schemes elsewhere. However, it was quickly abused by copyright trolls seeking cash settlements from alleged pirates. It’s certainly possible for that particular loophole to be closed or at least addressed as part of a comprehensive review.

In any event, the review is likely to prove spirited, with interested parties on all sides trying to carve out a smooth path for their interests under the next five years of copyright law.

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

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

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

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

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

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

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

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

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

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

Message from Telegram support

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

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

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

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

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

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

Popular Zer0day Torrent Tracker Taken Offline By Mass Copyright Complaint

Post Syndicated from Andy original https://torrentfreak.com/popular-zer0day-torrent-tracker-taken-offline-by-mass-copyright-complaint-171014/

In January 2016, a BitTorrent enthusiast decided to launch a stand-alone tracker, purely for fun.

The Zer0day platform, which hosts no torrents, is a tracker in the purest sense, directing traffic between peers, no matter what content is involved and no matter where people are in the world.

With this type of tracker in short supply, it was soon utilized by The Pirate Bay and the now-defunct ExtraTorrent. By August 2016, it was tracking almost four million peers and a million torrents, a considerable contribution to the BitTorrent ecosystem.

After handling many ups and downs associated with a service of this type, the tracker eventually made it to the end of 2016 intact. This year it grew further still and by the end of September was tracking an impressive 5.5 million peers spread over 1.2 million torrents. Soon after, however, the tracker disappeared from the Internet without warning.

In an effort to find out what had happened, TorrentFreak contacted Zer0day’s operator who told us a familiar story. Without any warning at all, the site’s host pulled the plug on the service, despite having been paid 180 euros for hosting just a week earlier.

“We’re hereby informing you of the termination of your dedicated server due to a breach of our terms of service,” the host informed Zer0day.

“Hosting trackers on our servers that distribute infringing and copyrighted content is prohibited. This server was found to distribute such content. Should we identify additional similar activity in your services, we will be forced to close your account.”

While hosts tend not to worry too much about what their customers are doing, this one had just received a particularly lengthy complaint. Sent by the head of anti-piracy at French collecting society SCPP, it laid out the group’s problems with the Zer0day tracker.

“SCPP has been responsible for the collective management and protection of sound recordings and music videos producers’ rights since 1985. SCPP counts more than 2,600 members including the majority of independent French producers, in addition to independent European producers, and the major international companies: Sony, Universal and Warner,” the complaints reads.

“SCPP administers a catalog of 7,200,000 sound tracks and 77,000 music videos. SCPP is empowered by its members to take legal action in order to put an end to any infringements of the producers’ rights set out in Article L335-4 of the French Intellectual Property Code…..punishable by a three-year prison sentence or a fine of €300,000.”

Noting that it works on behalf of a number of labels and distributors including BMG, Sony Music, Universal Music, Warner Music and others, SCPP listed countless dozens of albums under its protection, each allegedly tracked by the Zer0day platform.

“It has come to our attention that these music albums are illegally being communicated to the public (made available for download) by various users of the BitTorrent-Network,” the complaint reads.

Noting that Zer0day is involved in the process, the anti-piracy outfit presented dozens of hash codes relating to protected works, demanding that the site stop facilitation of infringement on each and every one of them.

“We have proof that your tracker udp://tracker.zer0day.to:1337/announce provided peers of the BitTorrent-Network with information regarding these torrents, to be specific IP Addresses of peers that were offering without authorization the full albums for download, and that this information enabled peers to download files that contain the sound recordings to which our members producers have the exclusive rights.

“These sound recordings are thus being illegally communicated to the public, and your tracker is enabling the seeders to do so.”

Rather than take the hashes down from the tracker, SCPP actually demanded that Zer0day create a permanent blacklist within 24 hours, to ensure the corresponding torrents wouldn’t be tracked again.

“You should understand that this letter constitutes a notice to you that you may be liable for the infringing activity occurring on your service. In addition, if you ignore this notice, you may also be liable for any resulting infringement,” the complaint added.

But despite all the threats, SCPP didn’t receive the response they’d demanded since the operator of the site refused to take any action.

“Obviously, ‘info hashes’ are not copyrightable nor point to specific copyrighted content, or even have any meaning. Further, I cannot verify that request strings parameters (‘info hashes’) you sent me contain copyrighted material,” he told SCPP.

“Like the website says; for content removal kindly ask the indexing site to remove the listing and the .torrent file. Also, tracker software does not have an option to block request strings parameters (‘info hashes’).”

The net effect of non-compliance with SCPP was fairly dramatic and swift. Zer0day’s host took down the whole tracker instead and currently it remains offline. Whether it reappears depends on the site’s operator finding a suitable web host, but at the moment he says he has no idea where one will appear from.

“Currently I’m searching for some virtual private server as a temporary home for the tracker,” he concludes.

As mentioned in an earlier article detailing the problems sites like Zer0day.to face, trackers aren’t absolutely essential for the functioning of BitTorrent transfers. Nevertheless, their existence certainly improves matters for file-sharers so when they go down, millions can be affected.

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

Russia Blocks 4,000 Pirate Sites Plus 41,000 Innocent as Collateral Damage

Post Syndicated from Andy original https://torrentfreak.com/russia-blocks-4000-pirate-sites-plus-41000-innocent-as-collateral-damage-170905/

After years of criticism from both international and local rightsholders, in 2013 the Russian government decided to get tough on Internet piracy.

Under new legislation, sites engaged in Internet piracy could find themselves blocked by ISPs, rendering them inaccessible to local citizens and solving the piracy problem. Well, that was the theory, at least.

More than four years on, Russia is still grappling with a huge piracy problem that refuses to go away. It has been blocking thousands of sites at a steady rate, including RuTracker, the country’s largest torrent platform, but still the problem persists.

Now, a new report produced by Roskomsvoboda, the Center for the Protection of Digital Rights, and the Pirate Party of Russia, reveals a system that has not only failed to reach its stated aims but is also having a negative effect on the broader Internet.

“It’s already been four years since the creation of this ‘anti-piracy machine’ in Russia. The first amendments related to the fight against ‘piracy’ in the network came into force on August 1, 2013, and since then this mechanism has been twice revised,” Roskomsvoboda said in a statement.

“[These include] the emergence of additional responsibilities to restrict access to network resources and increase the number of subjects who are responsible for removing and blocking content. Since that time, several ‘purely Russian’ trends in ‘anti-piracy’ and trade in rights have also emerged.”

These revisions, which include the permanent blocking of persistently infringing sites and the planned blocking of mirror sites and anonymizers, have been widely documented. However, the researchers say that they want to shine a light on the effects of blocking procedures and subsequent actions that are causing significant issues for third-parties.

As part of the study, the authors collected data on the cases presented to the Moscow City Court by the most active plaintiffs in anti-piracy actions (mainly TV show distributors and music outfits including Sony Music Entertainment and Universal Music). They describe the court process and system overall as lacking.

“The court does not conduct a ‘triple test’ and ignores the position, rights and interests of respondents and third parties. It does not check the availability of illegal information on sites and appeals against decisions of the Moscow City Court do not bring any results,” the researchers write.

“Furthermore, the cancellation of the unlimited blocking of a site is simply impossible and in respect of hosting providers and security services, those web services are charged with all the legal costs of the case.”

The main reason behind this situation is that ‘pirate’ site operators rarely (if ever) turn up to defend themselves. If at some point they are found liable for infringement under the Criminal Code, they can be liable for up to six years in prison, hardly an incentive to enter into a copyright process voluntarily. As a result, hosts and other providers act as respondents.

This means that these third-party companies appear as defendants in the majority of cases, a position they find both “unfair and illogical.” They’re also said to be confused about how they are supposed to fulfill the blocking demands placed upon them by the Court.

“About 90% of court cases take place without the involvement of the site owner, since the requirements are imposed on the hosting provider, who is not responsible for the content of the site,” the report says.

Nevertheless, hosts and other providers have been ordered to block huge numbers of pirate sites.

According to the researchers, the total has now gone beyond 4,000 domains, but the knock on effect is much more expansive. Due to the legal requirement to block sites by both IP address and other means, third-party sites with shared IP addresses get caught up as collateral damage. The report states that more than 41,000 innocent sites have been blocked as the result of supposedly targeted court orders.

But with collateral damage mounting, the main issue as far as copyright holders are concerned is whether piracy is decreasing as a result. The report draws few conclusions on that front but notes that blocks are a blunt instrument. While they may succeed in stopping some people from accessing ‘pirate’ domains, the underlying infringement carries on regardless.

“Blocks create restrictions only for Internet users who are denied access to sites, but do not lead to the removal of illegal information or prevent intellectual property violations,” the researchers add.

With no sign of the system being overhauled to tackle the issues raised in the study (pdf, Russian), Russia is now set to introduce yet new anti-piracy measures.

As recently reported, new laws requiring search engines to remove listings for ‘pirate’ mirror sites comes into effect October 1. Exactly a month later on November 1, VPNs and anonymization tools will have to be removed too, if they fail to meet the standards required under state regulation.

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

Pirate Bay Founders Ordered to Pay Music Labels $477,000

Post Syndicated from Andy original https://torrentfreak.com/pirate-bay-founders-ordered-to-pay-music-labels-477000-170823/

In November 2011, the International Federation of the Phonographic Industry (IFPI), with support from Finnish anti-piracy group Copyright Information and Anti-Piracy Center (CIAPC), filed a lawsuit in the Helsinki District Court against The Pirate Bay.

IFPI, which represents the world’s major labels, demanded that the site’s operators stop facilitating the unauthorized distribution of music and pay compensation to IFPI and CIAPC-affiliated rightsholders for the damages caused through their website.

Progress in the case has been somewhat glacial but this morning, almost six years after the complaint was first filed, a decision was handed down.

Fredrik Neij and Gottfrid Svartholm, two founder members of the site, were ordered by the District Court to cease-and-desist the illegal operations of The Pirate Bay. They were also ordered to jointly and severally pay compensation to IFPI record labels to the tune of 405,000 euros ($477,000).

The Court was reportedly unable to contact Neij (aka TiAMO) or Svartholm (aka Anakata) in connection with the case. With no response received from the defendants by the deadline, the Court heard the case in their absence, handing a default judgment to the plaintiffs.

Last year a similar verdict was handed down by the Helsinki District Court to Pirate Bay co-founder Peter Sunde.

Sony Music Entertainment Finland, Universal Music, Warner Music, and EMI Finland sued Sunde claiming that the music of 60 of their artists has been shared illegally through The Pirate Bay.

Sunde was also found liable in his absence and ordered to pay the major labels around 350,000 euros ($412,000) in damages and 55,000 euros ($65,000) in costs. He later announced plans to sue the labels for defamation.

“I’m a public person in Finland and they’re calling me a criminal when they KNOW I’m not involved in what they’re suing me for,” Sunde told TorrentFreak at the time. “It’s defamation.”

Fredrik Neij, Gottfrid Svartholm, and Peter Sunde all owe large sums of money to copyright holders following decisions relating to The Pirate Bay dating back at least eight years. In all cases, the plaintiffs have recovered nothing so the latest judgment only seems likely to add to the growing list of unpaid bills.

Meanwhile, The Pirate Bay sails on, seemingly oblivious to the news.

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