Tag Archives: usenet

YouTube Won’t Put Up With Blatant Piracy Tutorials Forever

Post Syndicated from Andy original https://torrentfreak.com/youtube-wont-put-up-with-blatant-piracy-tutorials-forever-180506/

Once upon a time, Internet users’ voices would be heard in limited circles, on platforms such as Usenet or other niche platforms.

Then, with the rise of forum platforms such as phpBB in 2000 and Invision Power Board in 2002, thriving communities could gather in public to discuss endless specialist topics, including file-sharing of course.

When dedicated piracy forums began to gain traction, it was pretty much a free-for-all. People discussed obtaining free content absolutely openly. Nothing was taboo and no one considered that there would be any repercussions. As such, moderation was limited to keeping troublemakers in check.

As the years progressed and lawsuits against both sites and services became more commonplace, most sites that weren’t actually serving illegal content began to consider their positions. Run by hobbyists, most didn’t want the hassle of a multi-million dollar lawsuit, so links to pirate content began to diminish and the more overt piracy tutorials began to disappear underground.

Those that remained in plain sight became much more considered. Tutorials on how to pirate specific Hollywood blockbusters were no longer needed, a plain general tutorial would suffice. And, as communities matured and took time to understand the implications of their actions, those without political motivations realized that drawing attention to potential criminality was neither required nor necessary.

Then YouTube and social media happened and almost overnight, no one was in charge and anyone could say whatever they liked.

In this new reality, there were no irritating moderator-type figures removing links to this and that, and nobody warning people against breaking rules that suddenly didn’t exist anymore. In essence, previously tight-knit and street-wise file-sharing and piracy communities not only became fragmented, but also chaotic.

This meant that anyone could become a leader and in some cases, this was the utopia that many had hoped for. Not only couldn’t the record labels or Hollywood tell people what to do anymore, discussion site operators couldn’t either. For those who didn’t abuse the power and for those who knew no better, this was a much-needed breath of fresh air. But, like all good things, it was unlikely to last forever.

Where most file-sharing of yesterday was carried out by hobbyist enthusiasts, many of today’s pirates are far more casual. They’re just as thirsty for content, but they don’t want to spend hours hunting for it. They want it all on a plate, at the flick of a switch, delivered to their TV with a minimum of hassle.

With online discussions increasingly seen as laborious and old-fashioned, many mainstream pirates have turned to easy-to-consume videos. In support of their Kodi media player habits, YouTube has become the educational platform of choice for millions.

As a result, there is now a long line of self-declared Kodi piracy specialists scooping up millions of views on YouTube. Their videos – which in many cases are thinly veiled advertisements for third party addons, Kodi ‘builds’, illegal IPTV services, and obscure Android APKs – are now the main way for a new generation to obtain direct advice on pirating.

Many of the videos are incredibly blatant, like the past 15 years of litigation never happened. All the lessons learned by the phpBB board operators of yesteryear, of how to achieve their goals of sharing information without getting shut down, have been long forgotten. In their place, a barrage of daily videos designed to generate clicks and affiliate revenue, no matter what the cost, no matter what the risk.

It’s pretty clear that these videos are at least partly responsible for the phenomenal uptick in Kodi and Android-based piracy over the past few years. In that respect, many lovers of free content will be eternally grateful for the service they’ve provided. But like many piracy movements over the years, people shouldn’t get too attached to them, at least in their current form.

Thanks to the devil-may-care approach of many influential YouTubers, it won’t be long before a whole new set of moderators begin flexing their muscles. While your average phpBB moderator could be reasoned with in order to get a second chance, a determined and largely faceless YouTube will eject offenders without so much as a clear explanation.

When this happens (and it’s only a question of time given the growing blatancy of many tutorials) YouTubers will not only lose their voices but their revenue streams too. While YouTube’s partner programs bring in some welcome cash, the profitable affiliate schemes touted on these channels for external products will also be under threat.

Perhaps the most surprising thing in this drama-waiting-to-happen is that many of the most popular YouTubers can hardly be considered young and naive. While some are of more tender years, most – with their undoubted skill, knowledge and work ethic – should know better for their 30 or 40 years on this planet. Yet not only do they make their names public, they feature their faces heavily in their videos too.

Still, it’s likely that it will take some big YouTube accounts to fall before YouTubers respond by shaving the sharp edges off their blatant promotion of illegal activity. And there’s little doubt that those advertising products (which is most of them) will have to do so sooner rather than later.

Just this week, YouTube made it clear that it won’t tolerate people making money from the promotion of illegal activities.

“YouTube creators may include paid endorsements as part of their content only if the product or service they are endorsing complies with our advertising policies,” YouTube told the BBC.

“We will be working with creators going forward so they better understand that in video promotions [they] must not promote dishonest activity.”

That being said, like many other players in the piracy and file-sharing space over the past 18 years, YouTubers will eventually begin to learn that not only can the smart survive, they can flourish too.

Sure, there will be people out there who’ll protest that free speech allows citizens to express themselves in a manner of their choosing. But try PM’ing that to YouTube in response to a strike, and see how that fares.

When they say you’re done, the road back is a long one.

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

Pirate Site-Blocking? Music Biz Wants App Blocking Too

Post Syndicated from Andy original https://torrentfreak.com/pirate-site-blocking-music-biz-wants-app-blocking-too-180415/

In some way, shape or form, Internet piracy has always been carried out through some kind of application. Whether that’s a peer-to-peer client utilizing BitTorrent or eD2K, or a Usenet or FTP tool taking things back to their roots, software has always played a crucial role.

Of course, the nature of the Internet beast means that software usage is unavoidable but in recent years piracy has swung more towards the regular web browser, meaning that sites and services offering pirated content are largely easy to locate, identify and block, if authorities so choose.

As revealed this week by the MPA, thousands of platforms around the world are now targeted for blocking, with 1,800 sites and 5,300 domains blocked in Europe alone.

However, as the Kodi phenomenon has shown, web-based content doesn’t always have to be accessed via a standard web browser. Clever but potentially illegal addons and third-party apps are able to scrape web-based resources and present links to content on a wide range of devices, from mobile phones and tablets to set-top boxes.

While it’s still possible to block the resources upon which these addons rely, the scattered nature of the content makes the process much more difficult. One can’t simply block a whole platform because a few movies are illegally hosted there and even Google has found itself hosting thousands of infringing titles, a situation that’s ruthlessly exploited by addon and app developers alike.

Needless to say, the situation hasn’t gone unnoticed. The Alliance for Creativity and Entertainment has spent the last year (1,2,3) targeting many people involved in the addon and app scene, hoping they’ll take their tools and run, rather than further develop a rapidly evolving piracy ecosystem.

Over in Russia, a country that will happily block hundreds or millions of IP addresses if it suits them, the topic of infringing apps was raised this week. It happened during the International Strategic Forum on Intellectual Property, a gathering of 500 experts from more than 30 countries. There were strong calls for yet more tools and measures to deal with films and music being made available via ‘pirate’ apps.

The forum heard that in response to widespread website blocking, people behind pirate sites have begun creating applications for mobile devices to achieve the same ends – the provision of illegal content. This, key players in the music industry say, means that the law needs to be further tightened to tackle the rising threat.

“Consumption of content is now going into the mobile sector and due to this we plan to prevent mass migration of ‘pirates’ to the mobile sector,” said Leonid Agronov, general director of the National Federation of the Music Industry.

The same concerns were echoed by Alexander Blinov, CEO of Warner Music Russia. According to TASS, the powerful industry player said that while recent revenues had been positively affected by site-blocking, it’s now time to start taking more action against apps.

“I agree with all speakers that we can not stop at what has been achieved so far. The music industry has a fight against illegal content in mobile applications on the agenda,” Blinov said.

And if Blinov is to be believed, music in Russia is doing particularly well at the moment. Attributing successes to efforts by parliament, the Ministry of Communications, and copyright holders, Blinov said the local music market has doubled in the past two years.

“We are now in the top three fastest growing markets in the world, behind only China and South Korea,” Blinov said.

While some apps can work in the same manner as a basic web interface, others rely on more complex mechanisms, ‘scraping’ content from diverse sources that can be easily and readily changed if mitigation measures kick in. It will be very interesting to see how Russia deals with this threat and whether it will opt for highly technical solutions or the nuclear options demonstrated recently.

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

“Large Scale” Music Pirate Settles With BREIN For 10,000 Euros

Post Syndicated from Andy original https://torrentfreak.com/large-scale-music-pirate-settles-brein-10000-euros-180309/

In 2018, music piracy is a very different beast than it was back in the early P2P days of Kazaa and LimeWire.

Where once it ran rampant, vastly improved official offerings have ensured that millions of former pirates are now enjoying music legally via convenient streaming services such as Spotify. However, there is no shortage of people who prefer to have personal archives of illicit MP3s stored safely on their own machines.

This content can be easily obtained from web-based pirate sites, torrent platforms, and the aging Usenet system. The latter is often (and incorrectly) considered to be a safer option for distribution but for one uploader, things haven’t played out that way.

According to news from Dutch anti-piracy group BREIN, a “large-scale” Usenet uploader has recently agreed to pay the not inconsiderable sum of 10,000 euros ($12,374) to make a potential lawsuit disappear.

BREIN says the person was responsible for uploading unlicensed music releases to Usenet in breach of copyright, including recent albums by Ed Sheeran and Justin Timberlake. However, BREIN also criticizes the Usenet providers who facilitate this kind of sharing.

“Although such uploaders usually do this free of charge for the status they receive from illegal downloaders, it is the Usenet providers that make money by selling subscriptions for access to their servers,” says BREIN director Tim Kuik.

“Such providers like to close their eyes and claim that they do not know what is happening on their servers and only take action when they receive a notification.”

Alongside BREIN’s suggestion of willful blindness to infringement, there’s also the issue of compliance when Usenet operators are presented with an official complaint. Dutch case law requires that when a “reasonable” case of infringement is presented, they must give up the identity of the alleged infringer. In this case, that’s exactly what happened.

“BREIN has, in order to obtain the details the uploader, requested the Usenet provider of this uploader to provide the data. This request was answered,” the anti-piracy outfit reveals.

Unlike other jurisdictions where a specific court order is needed for disclosure, in the Netherlands no such process is required. BREIN has taken advantage of this position in many previous cases, insisting that providers who don’t disclose when there are reasonable grounds are acting unlawfully.

Following BREIN’s approach and the 10,000 euro settlement, the anti-piracy outfit says that the uploader took to Spotnet, a piece of software that allows downloading from newsgroups, to announce his demise.

“As you may have noticed, I have not been actively uploading for a while, because BREIN finally found my details and I have been asked to stop acting as an uploader of copyrighted music content to Usenet,” the uploader wrote.

“I have made a settlement with BREIN. A part of this settlement consists of the payment of a considerable sum of 10,000 euros, so I stop with uploading and advise other uploaders to think carefully about whether they want to continue. BREIN doesn’t stand idly by either. They are willing to take the necessary steps to get your details.”

BREIN says that the circumstances of the uploader were taken into consideration when reaching the 10,000 euro figure but whether the full amount will ever get paid will never be publicly known. That being said, the publicity attached to the settlement agreement will be worth more to BREIN than the cash alone.

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

Dutch Continue to Curb Illegal Downloading But What About Streaming?

Post Syndicated from Andy original https://torrentfreak.com/dutch-continue-to-curb-illegal-downloading-but-what-about-streaming-180222/

After many years of downloading content with impunity, 2014 brought a culture shock to the Dutch.

Citizens were previously allowed to obtain content for their own use due to a levy on blank media that compensated rightsholders. However, the European Court of Justice found that system to be illegal and the government quickly moved to ban downloading from unauthorized sources.

In the four years that have passed since the ban, the downloading landscape has undergone change. That’s according to a study published by the Consumer Insights panel at Telecompaper which found that while 41% of respondents downloaded movies, TV shows, music and games from unauthorized sources in 2013, the figure had plunged to 27% at the end of 2016. There was a further drop to 24% by the end of 2017.

Of the people who continue to download illegally, men are overrepresented, the study found. While 27% of men obtained media for free during the last year to October 2017, only 21% of women did likewise.

While as many as 150 million people still use P2P technologies such as BitTorrent worldwide, there is a general decline in usage and this is reflected in the report.

In 2013, 18% of Dutch respondents used torrent-like systems to download, a figure that had fallen to 8% in 2016 and 6% last year. Again, male participants were overrepresented, outnumbering women by two to one. However, people appear to be visiting P2P networks less.

“The study showed that people who reported using P2P to download content, have done so on average 37 times a year [to October 2017]. In January of 2017 it was significantly higher, 61 times,” the study notes. P2P usage in November 2015 was rated at 98 instances per year.

Perhaps surprisingly, one of the oldest methods of downloading content has maintained its userbase in more recent years. Usenet, otherwise known as the newsgroups, accounted for 9% of downloaders in 2013 but after falling to around 6% of downloaders in 2016, that figure remained unchanged in 2017. Almost five times more men used newsgroups than women.

At the same time as showing a steady trend in terms of users, instances of newsgroup downloading are reportedly up in the latest count. In November 2015, people used the system an average of 98 times per year but in January 2017 that had fallen to 66 times. The latest figures find an average use of 68 times per year.

Drilling down into more obscure systems, 2% of respondents told Telecompaper that they’d used an FTP server during the past year, a method that was entirely dominated by men.

While the Dutch downloading ban in 2013 may have played some part in changing perceptions, the increased availability of legal offers cannot be ignored. Films and TV shows are now widely available on services such as Netflix and Amazon, while music is strongly represented via Spotify, Apple, Deezer and similar platforms.

Indeed, 12% of respondents said they are now downloading less illegally because it’s easier to obtain paid content, that’s versus 11% at the start of 2017 and just 3% in 2013. Interestingly, 14% of respondents this time around said their illegal downloads are down because they have more restrictions on their time.

Another interesting reason given for downloading less is that pirate content is becoming harder to find. In 2013, just 4% cited this as a cause for reduction yet in 2017, this had jumped to 8% of respondents, with blocked sites proving a stumbling block for some users.

On the other hand, 3% of respondents said that since content had become easier to find, they are now downloading more. However, that figure is down from 13% in November 2013 and 6% in January 2017.

But with legal streaming certainly making its mark in the Netherlands, the illegal streaming phenomenon isn’t directly addressed in the report. It is likely that a considerable number of citizens are now using this method to obtain their content fix in a way that’s not as easily trackable as torrent-like systems.

Furthermore, given the plans of local film distribution Dutch FilmWorks to chase and demand cash settlements from BitTorrent users, it’s likely that traffic to streaming sites will only increase in the months to come, at least for those looking to consume TV shows and movies.

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

Multi-National Police Operation Shuts Down Pirate Forums

Post Syndicated from Andy original https://torrentfreak.com/multi-national-police-operation-shuts-down-pirate-forums-171110/

Once upon a time, large-scale raids on pirate operations were a regular occurrence, with news of such events making the headlines every few months. These days things have calmed down somewhat but reports coming out of Germany suggests that the war isn’t over yet.

According to a statement from German authorities, the Attorney General in Dresden and various cybercrime agencies teamed up this week to take down sites dedicated to sharing copyright protected material via the Usenet (newsgroups) system.

Huge amounts of infringing items were said to have been made available on a pair of indexing sites – 400,000 on Town.ag and 1,200,000 on Usenet-Town.com.

“Www.town.ag and www.usenet-town.com were two of the largest online portals that provided access to films, series, music, software, e-books, audiobooks, books, newspapers and magazines through systematic and unlawful copyright infringement,” the statement reads.

Visitors to these URLs are no longer greeted by the usual warez-fest, but by a seizure banner placed there by German authorities.

Seizure banner on Town.ag and Usenet-Town.com (translated)

Following an investigation carried out after complaints from rightsholders, 182 officers of various agencies raided homes and businesses Wednesday, each connected to a reported 26 suspects. In addition to searches of data centers located in Germany, servers in Spain, Netherlands, San Marino, Switzerland, and Canada were also targeted.

According to police the sites generated income from ‘sponsors’, netting their operators millions of euros in revenue. One of those appears to be Usenet reseller SSL-News, which displays the same seizure banner. Rightsholders claim that the Usenet portals have cost them many millions of euros in lost sales.

Arrest warrants were issued in Spain and Saxony against two German nationals, 39 and 31-years-old respectively. The man arrested in Spain is believed to be a ringleader and authorities there have been asked to extradite him to Germany.

At least 1,000 gigabytes of data were seized, with police scooping up numerous computers and other hardware for evidence. The true scale of material indexed is likely to be much larger, however.

Online chatter suggests that several other Usenet-related sites have also disappeared during the past day but whether that’s a direct result of the raids or down to precautionary measures taken by their operators isn’t yet clear.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

To be continued…..

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

Perfect 10 Takes Giganews to Supreme Court, Says It’s Worse Than Megaupload

Post Syndicated from Andy original https://torrentfreak.com/perfect-10-takes-giganews-supreme-court-says-worse-megaupload-170906/

Adult publisher Perfect 10 has developed a reputation for being a serial copyright litigant.

Over the years the company targeted a number of high-profile defendants, including Google, Amazon, Mastercard, and Visa. Around two dozen of Perfect 10’s lawsuits ended in cash settlements and defaults, in the publisher’s favor.

Perhaps buoyed by this success, the company went after Usenet provider Giganews but instead of a company willing to roll over, Perfect 10 found a highly defensive and indeed aggressive opponent. The initial copyright case filed by Perfect 10 alleged that Giganews effectively sold access to Perfect 10 content but things went badly for the publisher.

In November 2014, the U.S. District Court for the Central District of California found that Giganews was not liable for the infringing activities of its users. Perfect 10 was ordered to pay Giganews $5.6m in attorney’s fees and costs. Perfect 10 lost again at the Court of Appeals for the Ninth Circuit.

As a result of these failed actions, Giganews is owned millions by Perfect 10 but the publisher has thus far refused to pay up. That resulted in Giganews filing a $20m lawsuit, accusing Perfect 10 and President Dr. Norman Zada of fraud.

With all this litigation boiling around in the background and Perfect 10 already bankrupt as a result, one might think the story would be near to a conclusion. That doesn’t seem to be the case. In a fresh announcement, Perfect 10 says it has now appealed its case to the US Supreme Court.

“This is an extraordinarily important case, because for the first time, an appellate court has allowed defendants to copy and sell movies, songs, images, and other copyrighted works, without permission or payment to copyright holders,” says Zada.

“In this particular case, evidence was presented that defendants were copying and selling access to approximately 25,000 terabytes of unlicensed movies, songs, images, software, and magazines.”

Referencing an Amicus brief previously filed by the RIAA which described Giganews as “blatant copyright pirates,” Perfect 10 accuses the Ninth Circuit of allowing Giganews to copy and sell trillions of dollars of other people’s intellectual property “because their copying and selling was done in an automated fashion using a computer.”

Noting that “everything is done via computer” these days and with an undertone that the ruling encouraged others to infringe, Perfect 10 says there are now 88 companies similar to Giganews which rely on the automation defense to commit infringement – even involving content owned by people in the US Government.

“These exploiters of other people’s property are fearless. They are copying and selling access to pirated versions of pretty much every movie ever made, including films co-produced by treasury secretary Steven Mnuchin,” Nada says.

“You would think the justice department would do something to protect the viability of this nation’s movie and recording studios, as unfettered piracy harms jobs and tax revenues, but they have done nothing.”

But Zada doesn’t stop at blaming Usenet services, the California District Court, the Ninth Circuit, and the United States Department of Justice for his problems – Congress is to blame too.

“Copyright holders have nowhere to turn other than the Federal courts, whose judges are ridiculously overworked. For years, Congress has failed to provide the Federal courts with adequate funding. As a result, judges can make mistakes,” he adds.

For Zada, those mistakes are particularly notable, particularly since at least one other super high-profile company was shut down in the most aggressive manner possible for allegedly being involved in less piracy than Giganews.

Pointing to the now-infamous Megaupload case, Perfect 10 notes that the Department of Justice completely shut that operation down, filing charges of criminal copyright infringement against Kim Dotcom and seizing $175 million “for selling access to movies and songs which they did not own.”

“Perfect 10 provided evidence that [Giganews] offered more than 200 times as many full length movies as did megaupload.com. But our evidence fell on deaf ears,” Zada complains.

In contrast, Perfect 10 adds, a California District Court found that Giganews had done nothing wrong, allowed it to continue copying and selling access to Perfect 10’s content, and awarded the Usenet provider $5.63m in attorneys fees.

“Prior to this case, no court had ever awarded fees to an alleged infringer, unless they were found to either own the copyrights at issue, or established a fair use defense. Neither was the case here,” Zada adds.

While Perfect 10 has filed a petition with the Supreme Court, the odds of being granted a review are particularly small. Only time will tell how this case will end, but it seems unlikely that the adult publisher will enjoy a happy ending, one in which it doesn’t have to pay Giganews millions of dollars in attorney’s fees.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Quick vs. the Strong: Commentary on Cory Doctorow’s Walkaway

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2017/05/the_quick_vs_th.html

Technological advances change the world. That’s partly because of what they are, but even more because of the social changes they enable. New technologies upend power balances. They give groups new capabilities, increased effectiveness, and new defenses. The Internet decades have been a never-ending series of these upendings. We’ve seen existing industries fall and new industries rise. We’ve seen governments become more powerful in some areas and less in others. We’ve seen the rise of a new form of governance: a multi-stakeholder model where skilled individuals can have more power than multinational corporations or major governments.

Among the many power struggles, there is one type I want to particularly highlight: the battles between the nimble individuals who start using a new technology first, and the slower organizations that come along later.

In general, the unempowered are the first to benefit from new technologies: hackers, dissidents, marginalized groups, criminals, and so on. When they first encountered the Internet, it was transformative. Suddenly, they had access to technologies for dissemination, coordination, organization, and action — things that were impossibly hard before. This can be incredibly empowering. In the early decades of the Internet, we saw it in the rise of Usenet discussion forums and special-interest mailing lists, in how the Internet routed around censorship, and how Internet governance bypassed traditional government and corporate models. More recently, we saw it in the SOPA/PIPA debate of 2011-12, the Gezi protests in Turkey and the various “color” revolutions, and the rising use of crowdfunding. These technologies can invert power dynamics, even in the presence of government surveillance and censorship.

But that’s just half the story. Technology magnifies power in general, but the rates of adoption are different. Criminals, dissidents, the unorganized — all outliers — are more agile. They can make use of new technologies faster, and can magnify their collective power because of it. But when the already-powerful big institutions finally figured out how to use the Internet, they had more raw power to magnify.

This is true for both governments and corporations. We now know that governments all over the world are militarizing the Internet, using it for surveillance, censorship, and propaganda. Large corporations are using it to control what we can do and see, and the rise of winner-take-all distribution systems only exacerbates this.

This is the fundamental tension at the heart of the Internet, and information-based technology in general. The unempowered are more efficient at leveraging new technology, while the powerful have more raw power to leverage. These two trends lead to a battle between the quick and the strong: the quick who can make use of new power faster, and the strong who can make use of that same power more effectively.

This battle is playing out today in many different areas of information technology. You can see it in the security vs. surveillance battles between criminals and the FBI, or dissidents and the Chinese government. You can see it in the battles between content pirates and various media organizations. You can see it where social-media giants and Internet-commerce giants battle against new upstarts. You can see it in politics, where the newer Internet-aware organizations fight with the older, more established, political organizations. You can even see it in warfare, where a small cadre of military can keep a country under perpetual bombardment — using drones — with no risk to the attackers.

This battle is fundamental to Cory Doctorow’s new novel Walkaway. Our heroes represent the quick: those who have checked out of traditional society, and thrive because easy access to 3D printers enables them to eschew traditional notions of property. Their enemy is the strong: the traditional government institutions that exert their power mostly because they can. This battle rages through most of the book, as the quick embrace ever-new technologies and the strong struggle to catch up.

It’s easy to root for the quick, both in Doctorow’s book and in the real world. And while I’m not going to give away Doctorow’s ending — and I don’t know enough to predict how it will play out in the real world — right now, trends favor the strong.

Centralized infrastructure favors traditional power, and the Internet is becoming more centralized. This is true both at the endpoints, where companies like Facebook, Apple, Google, and Amazon control much of how we interact with information. It’s also true in the middle, where companies like Comcast increasingly control how information gets to us. It’s true in countries like Russia and China that increasingly legislate their own national agenda onto their pieces of the Internet. And it’s even true in countries like the US and the UK, that increasingly legislate more government surveillance capabilities.

At the 1996 World Economic Forum, cyber-libertarian John Perry Barlow issued his “Declaration of the Independence of Cyberspace,” telling the assembled world leaders and titans of Industry: “You have no moral right to rule us, nor do you possess any methods of enforcement that we have true reason to fear.” Many of us believed him a scant 20 years ago, but today those words ring hollow.

But if history is any guide, these things are cyclic. In another 20 years, even newer technologies — both the ones Doctorow focuses on and the ones no one can predict — could easily tip the balance back in favor of the quick. Whether that will result in more of a utopia or a dystopia depends partly on these technologies, but even more on the social changes resulting from these technologies. I’m short-term pessimistic but long-term optimistic.

This essay previously appeared on Crooked Timber.

[$] 25 Years of Linux — so far

Post Syndicated from corbet original http://lwn.net/Articles/698042/rss

On August 25, 1991, an obscure student in Finland named Linus Benedict
Torvalds posted
a message
to the comp.os.minix Usenet newsgroup saying that he was
working on a free operating system as a project to learn about the x86
architecture. He cannot possibly have known that he was launching a
project that would change the computing industry in fundamental ways.
Twenty-five years later, it is fair to say that none of us foresaw where
Linux would go — a lesson that should be taken to heart when trying to
imagine where it might go from here.

Perl is Free Software’s COBOL, and That’s Ok!

Post Syndicated from Bradley M. Kuhn original http://ebb.org/bkuhn/blog/2012/12/18/perl-cobol.html

In 1991, I’d just gotten my first real programming job for two reasons:
nepotism, and a willingness to write code for $12/hour. I was working
as a contractor to a blood testing laboratory, where the main
development job was writing custom software to handle, process, and do
statistical calculations on blood testing results, primarily for
paternity testing.

My father had been a software developer since the early 1970s, and worked
as a contractor at this blood lab since the late 1970s. As the calendar
had marched toward the early 1990s, technology cruft had collected. The
old TI mainframe, once the primary computer, now only had one job left:
statistical calculation for paternity testing, written in TI’s Pascal.
Slowly but surely, the other software had been rewritten and moved to an
AT&T 3B2/600 running Unix System VR3.2.3. That latter machine was the
first access I had to a real computer, and certainly the first time I had
access to Usenet. This changed my life.

Ironically, even on that 3B2, the accounting system software was written
in COBOL. This seemed like “more cruft” to me, but fortunately
there was a third-party vendor who handled that software, so I didn’t have
to program in COBOL.

I had the good fortune, actually, to help with the interesting problems,
which included grokking data from a blood testing machine that dumped a
bunch of data in some weird reporting format onto its RS-232 port at the
end of every testing cycle. We had to pull the data of that RS-232
interface and load the data in the database. Perl, since it treated
regular expressions as first-class citizens, and had all the Unix block
device fundamentals baked in as native (for the RS-232 I/O), was the
obvious choice.

After that project, I was intrigued by this programming language that had
made the job so easy. My father gave me a copy of the Camel book —
which was, at that point, almost hot off the presses. I read it over a
weekend and I decided that I didn’t really want to program in any other
language again. Perl was just 4 years old then; it was a young language
— Perl 4 had just been released. I started trying to embed Perl into
our database system, but it wasn’t designed for embedding into other
systems as a scripting language. So, I ended up using Tcl instead for the big
project of rewriting the statical calculation software to replace the TI
mainframe. After a year or two writing tens of thousands of lines of Tcl,
I was even more convinced that I’d rather be writing in Perl. When
Perl 5 was released, I switched back to Perl and never really looked
back.

Perl ultimately became my first Free Software community. I lurked on
perl5-porters for years, almost always a bit too timid to post, or ever
send in a patch. But, as I finished my college degree and went to graduate
school, I focused my
thesis work on Perl and virtual machines
. I went to the Perl
conference every year. I was even in the room for the perl5-porters
meeting the day
after Jon
Orwant’s staged tantrum
, which was the catalyst for the Perl 6
effort. I wrote more than a few RFC’s during
the Perl 6 specification
process
. And, to this day, even though I’ve since
done plenty of Python
development
, too, when I need to program to do something, I open an Emacs
buffer and start typing #!/usr/bin/perl.

Meanwhile, I never did learn COBOL. But, I was amazed to hear that
multiple folks who graduated with me eventually got jobs at a health
insurance company. The company trained them in COBOL, so that they could
maintain COBOL systems all day. Everyone once in a while, I idly search a
job site for COBOL. Today, that search is returning 2,338 open jobs. Most
developers never hear about it, of course. It’s far from the exciting new
technology, but it’s there, it’s needed and it’s obviously useful to
someone. Indeed, the COBOL standard was just updated 10 years ago, in
2002!

I notice these days, though, that when I mentioned having done a lot of
Perl development in my life, the average Javascript, Python, or Haskell
developer looks at me like I looked at my dad when he told me that
accounting system was written in COBOL. I’d bet they’d have my same
sigh of relief when told that “someone else” maintains that
code and they won’t have to bother with it.

Yet, I still know people heavily immersed in the Perl community. Indeed,
there is a very active Perl community out there, just like there’s an
active COBOL community. I’m not active in Perl like I once was, but it’s a
community of people, who write new code and maintain old code in Perl, and
that has value. More importantly, though, (and unlike COBOL), Perl was
born on Usenet, and was released as Free Software from the day of its first
release, twenty-five years ago today. Perl was born as part of Free
Software culture, and it lives on.

So, I get it now. I once scoffed at the idea that anyone would write
in COBOL anymore, as if the average COBOL programmer was some sort of
second-class technology citizen. COBOL programmers in 1991, and even
today, are surely good programmers — doing useful things for their
jobs. The same is true of Perl these days: maybe Perl is finally
getting a bit old fashioned — but there are good developers, still
doing useful things with Perl. Perl is becoming Free Software’s COBOL:
an aging language that still has value.

Perl turns 25
years old
today. COBOL was 25 years old in 1984, right at the time
when I first started programming. To those young people who start
programming today: I hope you’ll learn from my mistake. Don’t scoff at the
Perl programmers. 25 years from now, you may regret scoffing at them as
much as I regret scoffing at the COBOL developers. Programmers are
programmers; don’t judge them because you don’t like their favorite
language.

Update (2013-04-12):
I posted
a comment on Allison Randal’s blog about similar issues of Perl’s
popularity
.

I Received a 2012 O’Reilly Open Source Award

Post Syndicated from Bradley M. Kuhn original http://ebb.org/bkuhn/blog/2012/07/23/award.html

On last Friday 20 July
2012, I
received

an O’Reilly
Open Source Award
, in appreciation for my decade of work in Free
Software non-profit organizations, including my current daily work at
the Software Freedom Conservancy, my work at the

FSF (including
starting FSF’s associate membership program), and for my work creating
and defending copyleft licensing, including such things as inventing the
idea behind
the Affero
clause
, helping
draft AGPLv3,
and, more generally, enforcing copyleft.

I’m very proud of all this work. My obsession with software freedom
goes back far into my past, when I downloaded my first copy
of GNU Emacs in 1991
from Usenet and my first GNU/Linux
distribution, SLS,
in 1992, booting for the first time, on the first computer I ever
owned, a copy of Linux 0.99pl12.

I honestly have written a lot less Free Software than I wanted to.
I’ve made a patch here and there over the years to dozens of projects.
I was a co-maintainer of the AGPL’d
PokerSource system
for a while, and I made various (mostly
mixed-success) attempts to build a
better virtual machine for Perl
, which now is done much
better than I ever
did
by the Parrot project.

Despite the fact that making better software was what enthralled me
most, feeling the helplessness of supporting, using and writing
proprietary software in my brief for-profit career convinced me that lack
of adequate software freedom was the most dangerous social justice problem
in the computing community. I furthermore realized that lots of people
were ready and willing to write great Free Software, but that few wanted
to do the (frankly more boring) work of running non-profit organizations
to defend and advance software freedom. Thus, I devoted myself to helping
FSF and Conservancy to be successful organizations that could assist in
that regard. I’m privileged and proud to continue my service to both of
these organizations.

Being recognized for this work means a great deal to me. Awards have a
special meaning for me, because financial success never really mattered
much to me, but knowing that I’ve made a contribution to something
greater than myself matters greatly. Receiving an award that indicates
that I’ve succeeded in that regard invigorates me to do even more. So,
at this moment of receiving this award, I’d like to thank all of you in
the software freedom community who appreciate
and support my work. It
means a great deal to me that my work has made a positive impact.

LibrePlanet 2010 Completes Its Orbit

Post Syndicated from Bradley M. Kuhn original http://ebb.org/bkuhn/blog/2010/03/26/libreplanet.html

Seven and a half years ago, I got this idea: the membership of the
Free Software Foundation should have a
chance to get together every year and learn about what the FSF has been
doing for the last year. I was so nervous
at the
first one on Saturday 15 March 2003
, that
I even
wore a suit
which I rarely do.

The basic idea was simple: the FSF Board of Directors came into town
anyway each March for the annual board meeting. Why not give a chance
for FSF associate members to meet the leadership and staff of FSF and
ask hard questions to their hearts’ content? I’m all about
transparency, as you know. 🙂

Since leaving
the position of Executive Director a few months before the 2005
meeting
, I’ve attended every annual meeting, just as an ordinary
Associate Member and
FSF volunteer. It’s always enjoyable to attend a conference organized
by someone else that you used to help organize; it’s like, after having
done sysadmin work for other people for years, to have someone keep a
machine running and up to date just for you. It’s been wonderful to
watch the FSF AM meeting grow into a full-fledged conference for
discussion and collaboration between folks from all over the Free
Software world. “One room, one track, one day” has become
“five rooms, three tracks, and three days” with the
proverbial complaint throughout: But, why do I have to miss this
great session so that I can go to some other great session!?!

Some highlights for me this year were:

I saw John
Gilmore
win
a well-deserved FSF Award for the Advancement of Free Software
.

I got to spend time with the
intrepid gnash
developer Rob Savoye
again, whom I knew of for years (his legend precedes him) but
I’d rarely had a chance to see in person regularly, until lately.

I met so many young people excited about software freedom. I can only
imagine to be only 19 or 20 years old and have the opportunity meet
other Free Software developers in person. At that age, I considered
myself lucky to simply have Usenet access so that I could follow and
participate in online discussions about Free Software (good ol’
gnu.misc.discuss ;). I am so glad that young folks, some from as far
away as Brazil, had the opportunity to visit and speak about their
work.

On the informal Friday sessions, I was a bit amazed that I pulled off
a marathon six-hour session of mostly well-received talks/discussions
(for which I readily admit I had not prepped well). The first three
hours was about the challenges of software freedom on mobile devices,
and the second three were about the nitty-gritty details of the hardest
and most technical GPL enforcement task: the C&CS check. People
seemed to actually enjoy watching me break half my Fedora chroots trying
to build some source code for a plasma television. Someone even told me
later: it was more fun because we got to see you make all the
mistakes.

Finally (and I realize I’ve probably buried the lede here, but I’ve
kept the list chronological, since I wrote most of it before I found out
this last thing), after the FSF Board meeting, which followed
LibrePlanet, I was informed by a phone call from my good
friend Henry Poole
that I’d been elected to
FSF’s Board of
Directors
, which has now
been announced
by FSF on Peter Brown’s blog
. I’ve often told the story that when I
first learned about the FSF as a young programmer and sysadmin, I
thought that someday, maybe I could be good enough to get a job as a
sysadmin for the FSF. I did indeed volunteer as a sysadmin for the FSF
starting around 1996, but I truly felt I’d exceeded any possible dream
when I was later named FSF’s Executive Director, and was able to serve
in that post for so many years. Now, being part of the Board of
Directors is an even greater opportunity for involvement in the
organization that I’ve loved and respected for so long.

FSF is an organization based around a very simple, principled idea:
that users and programmers alike deserve inalienable rights to copy,
share, modify, and redistribute all the software that they use. This
issue isn’t merely about making better software (although Free Software
developers usually do, anyway); it’s about a principle of morality:
everyone using computers should be treated well and be given the maximal
opportunity to treat their neighbors well, too. Helping make this
simple idea into reality is the center of all the work I’ve done for the
last 12 years of my life, and I expect it will be the focus of my
(hopefully many) remaining years. I am thankful that the Voting Members
of FSF have given me this additional opportunity to help our shared
cause. I plan to work hard in this and all the other responsibilities
that I already have to our Free Software community. Like everyone on
FSF’s Board of Directors, I serve in that role completely as a
volunteer, so in some ways I feel this is just a natural extension of
the volunteer work I’ve continued to do for the FSF regularly since I
left its employment in 2005.

Finally, I was glad to meet (or meet again) so many FSF supporters at
LibrePlanet, and I deeply hope that I can serve our shared goal well in
this additional role.