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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.

Aussie Federal Court Orders ISPs to Block Pirate IPTV Service

Post Syndicated from Andy original https://torrentfreak.com/aussie-federal-court-orders-isps-to-block-pirate-iptv-service-180427/

After successful applying for ISP blocks against dozens of traditional torrent and streaming portals, Village Roadshow and a coalition of movie studios switched tack last year.

With the threat of pirate subscription IPTV services looming large, Roadshow, Disney, Universal, Warner Bros, Twentieth Century Fox, and Paramount targeted HDSubs+ (also known as PressPlayPlus), a fairly well-known service that provides hundreds of otherwise premium live channels, movies, and sports for a relatively small monthly fee.

The injunction, which was filed last October, targets Australia’s largest ISPs including Telstra, Optus, TPG, and Vocus, plus subsidiaries.

Unlike blocking injunctions targeting regular sites, the studios sought to have several elements of HD Subs+ infrastructure rendered inaccessible, so that its sales platform, EPG (electronic program guide), software (such as an Android and set-top box app), updates, and sundry other services would fail to operate in Australia.

After a six month wait, the Federal Court granted the application earlier today, compelling Australia’s ISPs to block “16 online locations” associated with the HD Subs+ service, rendering its TV services inaccessible Down Under.

“Each respondent must, within 15 business days of service of these orders, take reasonable steps to disable access to the target online locations,” said Justice Nicholas, as quoted by ZDNet.

A small selection of channels in the HDSubs+ package

The ISPs were given flexibility in how to implement the ban, with the Judge noting that DNS blocking, IP address blocking or rerouting, URL blocking, or “any alternative technical means for disabling access”, would be acceptable.

The rightsholders are required to pay a fee of AU$50 fee for each domain they want to block but Village Roadshow says it doesn’t mind doing so, since blocking is in “public interest”. Continuing a pattern established last year, none of the ISPs showed up to the judgment.

A similar IPTV blocking application was filed by Hong Kong-based broadcaster Television Broadcasts Limited (TVB) last year.

TVB wants ISPs including Telstra, Optus, Vocus, and TPG plus their subsidiaries to block access to seven Android-based services named as A1, BlueTV, EVPAD, FunTV, MoonBox, Unblock, and hTV5.

The application was previously heard alongside the HD Subs+ case but will now be handled separately following complications. In April it was revealed that TVB not only wants to block Internet locations related to the technical operation of the service, but also hosting sites that fulfill a role similar to that of Google Play or Apple’s App Store.

TVB wants to have these app marketplaces blocked by Australian ISPs, which would not only render the illicit apps inaccessible to the public but all of the non-infringing ones too.

Justice Nicholas will now have to decide whether the “primary purpose” of these marketplaces is to infringe or facilitate the infringement of TVB’s copyrights. However, there is also a question of whether China-focused live programming has copyright status in Australia. An additional hearing is scheduled for May 2 for these matters to be addressed.

Also on Friday, Foxtel filed yet another blocking application targeting “15 online locations” involving 27 domain names connected to traditional BitTorrent and streaming services.

According to ComputerWorld the injunction targets the same set of ISPs but this time around, Foxtel is trying to save on costs.

The company doesn’t want to have expert witnesses present in court, doesn’t want to stage live demos of websites, and would like to rely on videos and screenshots instead. Foxtel also says that if the ISPs agree, it won’t serve its evidence on them as it has done previously.

The company asked Justice Nicholas to deal with the injunction application “on paper” but he declined, setting a hearing for June 18 but accepting screenshots and videos as evidence.

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

TV Broadcaster Wants App Stores Blocked to Prevent Piracy

Post Syndicated from Andy original https://torrentfreak.com/tv-broadcaster-wants-app-stores-blocked-to-prevent-piracy-180416/

After first targeting torrent and regular streaming platforms with blocking injunctions, last year Village Roadshow and studios including Disney, Universal, Warner Bros, Twentieth Century Fox, and Paramount began looking at a new threat.

The action targeted HDSubs+, a reasonably popular IPTV service that provides hundreds of otherwise premium live channels, movies, and sports for a relatively small monthly fee. The application was filed during October 2017 and targeted Australia’s largest ISPs.

In parallel, Hong Kong-based broadcaster Television Broadcasts Limited (TVB) launched a similar action, demanding that the same ISPs (including Telstra, Optus, TPG, and Vocus, plus subsidiaries) block several ‘pirate’ IPTV services, named in court as A1, BlueTV, EVPAD, FunTV, MoonBox, Unblock, and hTV5.

Due to the similarity of the cases, both applications were heard in Federal Court in Sydney on Friday. Neither case is as straightforward as blocking a torrent or basic streaming portal, so both applicants are having to deal with additional complexities.

The TVB case is of particular interest. Up to a couple of dozen URLs maintain the services, which are used to provide the content, an EPG (electronic program guide), updates and sundry other features. While most of these appear to fit the description of an “online location” designed to assist copyright infringement, where the Android-based software for the IPTV services is hosted provides an interesting dilemma.

ComputerWorld reports that the apps – which offer live broadcasts, video-on-demand, and catch-up TV – are hosted on as-yet-unnamed sites which are functionally similar to Google Play or Apple’s App Store. They’re repositories of applications that also carry non-infringing apps, such as those for Netflix and YouTube.

Nevertheless, despite clear knowledge of this dual use, TVB wants to have these app marketplaces blocked by Australian ISPs, which would not only render the illicit apps inaccessible to the public but all of the non-infringing ones too. Part of its argument that this action would be reasonable appears to be that legal apps – such as Netflix’s for example – can also be freely accessed elsewhere.

It will be up to Justice Nicholas to decide whether the “primary purpose” of these marketplaces is to infringe or facilitate the infringement of TVB’s copyrights. However, TVB also appears to have another problem which is directly connected to the copyright status in Australia of its China-focused live programming.

Justice Nicholas questioned whether watching a stream in Australia of TVB’s live Chinese broadcasts would amount to copyright infringement because no copy of that content is being made.

“If most of what is occurring here is a reproduction of broadcasts that are not protected by copyright, then the primary purpose is not to facilitate copyright infringement,” Justice Nicholas said.

One of the problems appears to be that China is not a party to the 1961 Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations. However, TVB is arguing that it should still receive protection because it airs pre-recorded content and the live broadcasts are also archived for re-transmission via catch-up services.

The question over whether unchoreographed live broadcasts receive protection has been raised in other regions but in most cases, a workaround has been found. The presence of broadcaster logos on screen (which receive copyright protection) is a factor and it’s been reported that broadcasters are able to record the ‘live’ action and transmit a copy just a couple of seconds later, thereby broadcasting an already-copyrighted work.

While TVB attempts to overcome its issues, Village Roadshow is facing some of its own in its efforts to take down HDSubs+.

It appears that at least partly in response to the Roadshow legal action, the service has undergone some modifications, including a change of brand to ‘Press Play Extra’. As reported by ZDNet, there have been structural changes too, which means that Roadshow can no longer “see under the hood”.

According to Justice Nicholas, there is no evidence that the latest version of the app infringes copyright but according to counsel for Village Roadshow, the new app is merely transitional and preparing for a possible future change.

“We submit the difference to be drawn is reactive to my clients serving on the operators a notice,” counsel for Roadshow argued, with an expert describing the new app as “almost like a placeholder.”

In short, Roadshow still wants all of the target domains in its original application blocked because the company believes there’s a good chance they’ll be reactivated in the future.

None of the ISPs involved in either case turned up to the hearings on Friday, which removes one layer of complexity in what appears thus far to be less than straightforward cases.

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.

Founder of Fan-Made Subtitle Site Lose Copyright Infringement Appeal

Post Syndicated from Andy original https://torrentfreak.com/founder-of-fan-made-subtitle-site-lose-copyright-infringement-appeal-180318/

For millions of people around the world, subtitles are the only way to enjoy media in languages other than that in the original production. For the deaf and hard of hearing, they are absolutely essential.

Movie and TV show companies tend to be quiet good at providing subtitles eventually but in line with other restrictive practices associated with their industry, it can often mean a long wait for the consumer, particularly in overseas territories.

For this reason, fan-made subtitles have become somewhat of a cottage industry in recent years. Where companies fail to provide subtitles quickly enough, fans step in and create them by hand. This has led to the rise of a number of subtitling platforms, including the now widely recognized Undertexter.se in Sweden.

The platform had its roots back in 2003 but first hit the headlines in 2013 when Swedish police caused an uproar by raiding the site and seizing its servers.

“The people who work on the site don’t consider their own interpretation of dialog to be something illegal, especially when we’re handing out these interpretations for free,” site founder Eugen Archy said at the time.

Vowing to never give up in the face of pressure from the authorities, anti-piracy outfit Rättighetsalliansen (Rights Alliance), and companies including Nordisk Film, Paramount, Universal, Sony and Warner, Archy said that the battle over what began as a high school project would continue.

“No Hollywood, you played the wrong card here. We will never give up, we live in a free country and Swedish people have every right to publish their own interpretations of a movie or TV show,” he said.

It took four more years but in 2017 the Undertexter founder was prosecuted for distributing copyright-infringing subtitles while facing a potential prison sentence.

Things didn’t go well and last September the Attunda District Court found him guilty and sentenced the then 32-year-old operator to probation. In addition, he was told to pay 217,000 Swedish krona ($26,400) to be taken from advertising and donation revenues collected through the site.

Eugen Archy took the case to appeal, arguing that the Svea Hovrätt (Svea Court of Appeal) should acquit him of all the charges and dismiss or at least reduce the amount he was ordered to pay by the lower court. Needless to say, this was challenged by the prosecution.

On appeal, Archy agreed that he was the person behind Undertexter but disputed that the subtitle files uploaded to his site infringed on the plaintiffs’ copyrights, arguing they were creative works in their own right.

While to an extent that may have been the case, the Court found that the translations themselves depended on the rights connected to the original work, which were entirely held by the relevant copyright holders. While paraphrasing and parody might be allowed, pure translations are completely covered by the rights in the original and cannot be seen as new and independent works, the Court found.

The Svea Hovrätt also found that Archy acted intentionally, noting that in addition to administering the site and doing some translating work himself, it was “inconceivable” that he did not know that the subtitles made available related to copyrighted dialog found in movies.

In conclusion, the Court of Appeal upheld Archy’s copyright infringement conviction (pdf, Swedish) and sentenced him to probation, as previously determined by the Attunda District Court.

Last year, the legal status of user-created subtitles was also tested in the Netherlands. In response to local anti-piracy outfit BREIN forcing several subtitling groups into retreat, a group of fansubbers decided to fight back.

After raising their own funds, in 2016 the “Free Subtitles Foundation” (Stichting Laat Ondertitels Vrij – SLOV) took the decision to sue BREIN with the hope of obtaining a favorable legal ruling.

In 2017 it all fell apart when the Amsterdam District Court handed down its decision and sided with BREIN on each count.

The Court found that subtitles can only be created and distributed after permission has been obtained from copyright holders. Doing so outside these parameters amounts to copyright infringement.

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

UK Govt. Met With Copyright Holders Dozens of Times in Just Three Months

Post Syndicated from Andy original https://torrentfreak.com/uk-govt-met-with-copyright-holders-dozens-of-times-in-just-three-months-180310/

While doing business with clients and suppliers is the usual day-to-day routine for most businesses, companies in the entertainment sector seem keener than most to spend time with those in power.

Whether there’s pressure to be applied in respect of upcoming changes in policy or long-term plans for modifying legislation, at least a few times a year news breaks of rightsholders having private meetings with officials. Most of the time, however, the head-to-heads fly under the radar.

This week, however, the UK government published a response to a Freedom of Information Request which asked for details of meetings between the government and copyright owner organizations, enforcement organizations, and collection societies (think BPI, MPA, FACT, Publishers Association, PRS, etc) including times, dates and topics discussed.

The request asked for details of meetings held between May 2016 and April 2017 but the government declined to provide all of this information since the effort required to extract the information “would exceed the cost limit.”

Given the amount of data published, this isn’t a surprise. Even though the government chose to limit the response to events held between January 16, 2017 and April 17, 2017, the meetings between the government and the above groups number in their dozens.

January 2017 got off to a pretty slow start but week three and beyond saw a flurry of meetings with groups and companies such as ITV, BBC, PRS for Music, Copyright Licensing Agency and several other organizations to discuss the EU’s Digital Single Market proposals.

On January 18, 2017 Time Warner had a meeting to discuss content protection and analytics, followed a day later by the Premier League who were booked in to discuss “illicit streaming devices” (a topic mirrored in March during a meeting with the Audiovisual Anti-Piracy Alliance).

Just a few days later the Police Intellectual Property Crime Unit held a “Partnership Working Group Meeting involving industry” and two days after that the police, Trading Standards, and the EU Police Agency convened to discuss enforcement activity.

January 26, 2017 saw an IP Outreach Workshop involving members of the IP Crime Group. This was potentially a big meeting. The IPCG consists of several regional police forces, PIPCU, National Crime Agency, Crown Prosecution Service, Department of Culture, Media and Sport, Trading Standards, HMRC, IFPI, BPI, FACT, Sky TV, PRS, FAST and the Publishers Association, to name just a few.

As the first month of the year was drawing to a close, Amazon met with the government to discuss “current procedures for removing copyright, design and trademark infringing material from their platform.” A similar meeting was held with eBay on February 1 and on February 20, Facebook had its turn on the same topic.

All three companies had come in for criticism from copyright holders for not doing enough to stem the tide of infringing content available on their platforms, particularly so-called Kodi boxes that provide access to movies, shows, and live TV.

However, in the months that followed they each responded positively, with eBay, Amazon and Facebook announcing restrictions on devices sold. While all three platforms still have a problem with infringing device sales, the situation appears to have improved since last year.

On the final day of January 2017, the MPAA attended a meeting to discuss the looming Digital Economy Bill and digital TV piracy. A couple of days later they were back again for a “business awareness seminar” with other big shots including the Alliance for IP, the Anti-Counterfeiting Group, Trading Standards and the Premier League.

However, given the dozens that took place, perhaps one of the more interesting meetings in terms of the mix of those in attendance took place February 7.

Titled “Organized Crime Task Force Meeting – Belfast” it was attended by the Police Service of Northern Ireland, the National Crime Agency, Trading Standards, HM Revenue and Customs, the Border Force, and (spot the odd one out) the Federation Against Copyright Theft.

This seems to suggest that FACT (a private company) is effectively embedded at the highest level of law enforcement, something that has made people very uncomfortable in the past.

Later in February, there was a roundtable meeting with the Alliance for IP, MPAA, Publishers’ Association, BPI, Premier League and Federation Against Copyright Theft (again) to discuss Brexit, the Digital Single Market, IP enforcement and industrial strategy. A similar meeting was held in March which was attended by UK Music, BPI, PRS, Featured Artists Coalition, and many more.

The full list of meetings, which number in their dozens for just a three-month period, can be found here pdf. Whether the volume is representative of other three-month periods isn’t clear but it seems reasonable to conclude that copyright organizations have the ears of government officials in the UK on an almost continual basis.

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

Spanish Authorities Launch New Campaign to Block Pirate Websites

Post Syndicated from Andy original https://torrentfreak.com/spanish-authorities-launch-new-campaign-to-block-pirate-websites-180223/

Following complaints from Disney, 20th Century Fox, Paramount, Sony, Universal and Warner, a court in Spain recently ordered local ISPs to block HDFull.tv and Repelis.tv, a pair of popular pirate sites.

Citing changes in local law which helped facilitate the action, the MPA welcomed the blockades as necessary to prevent further damage to the creative industries. Now, just a week later, it seems that Spain really has the bit between its teeth.

An announcement from the Guardia Civil (Civil Guard), the oldest law enforcement agency in the country, reveals that almost two dozen websites have just been blocked for infringing intellectual property rights.

“The Civil Guard, within the framework of the ‘Operation CASCADA’, has initiated a campaign to block websites that allow people to download content protected by copyright and disseminate them through links in P2P networks, that is, networks of computers that work without fixed servers,” the Civil Guard said in a statement.

“In this first phase, a total of 23 web domains have been blocked from which direct download links of all kinds of protected audiovisual material such as movies, series, music and video games were accessed, many of them of recent creation and without being released yet in our country.

“High-quality versions of films available on the cinema billboards of our country were offered, although they had not yet been sold in physical or digital format and dubbed with audio in several languages.”

A full list of websites and domains hasn’t yet been provided by the authorities but familiar names including divxtotal.com and gamestorrents.com are confirmed to be included in the first wave.

The Civil Guard, which is organized as a military force under the authority of the Ministry of the Interior and Ministry of Defense, said that the administrators of the sites operate their platforms from abroad, generating advertising revenue from Spanish visitors who are said to make up 80% of the sites’ traffic.

In common with similar sites, the authorities accuse their owners of taking evasive action to avoid being shut down, including hiding the true location of their servers while moving them from country to country and masking domain registration data.

“Cases have been detected in which previously judicially blocked domains were reactivated in a matter of hours, with practically identical domain names or even changing only the extension thereof. In this way, and even if several successive blocks were made, they were able to ‘resurrect’ the web pages again in a very short space of time,” the Civil Guard reports.

“For all these reasons, components of the Department of Telematic Crimes of the Central Operative Unit of the Civil Guard, responsible for the investigation, were forced to implement a series of measures tending to cause a total blockade of them that would be effective and definitive, being currently inaccessible web pages or lacking download links.”

According to the authorities, the sites are now being continuously monitored, with replacement domains being blocked in less than three hours. That doesn’t appear to have been the case yesterday, however.

It’s claimed that the blocked sites were created by “a person of Spanish origin” who subsequently sold them to a company in Argentina. On Thursday, Argentina-based site Dixv.com.ar fired back against the blockade with a new site called Yadivx.com, which is reportedly serving all of the former’s content to users in Spain.

The sites’ owners continue to administer the rogue sites from Argentina, Spanish authorities believe. Only time will tell who will emerge victorious but at least for now, the sites are remaining defiant.

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

Pirate Site Admin Sentenced to Two Years Prison & €83.6 Million Damages

Post Syndicated from Andy original https://torrentfreak.com/pirate-site-admin-sentenced-to-two-years-prison-e83-6-million-damages-180221/

Way back in 2011, Streamiz was reported to be the second most popular pirate streaming site in France with around 250,000 visitors per day. The site didn’t host its own content but linked to movies elsewhere.

This prominent status soon attracted the attention of various entertainment companies including the National Federation of Film Distributors (FNDF) which filed a complaint against the site back in 2009.

Investigators eventually traced the presumed operator of the site to a location in the Hauts-de-Seine region of France. In October 2011 he was arrested leaving his Montrouge home in the southern Parisian suburbs. His backpack reportedly contained socks stuffed with almost 30,000 euros in cash.

The man was ordered to appear before the investigating judge but did not attend. He also failed to appear during his sentencing this Monday, which may or may not have been a good thing, depending on one’s perspective.

In his absence, the now 41-year-old was found guilty of copyright infringement offenses and handed one of the toughest sentences ever in a case of its type.

According to an AFP report, when the authorities can catch up with him the man must not only serve two years in prison but also pay a staggering 83.6 million euros in damages to Disney, 20th Century Fox, Warner Bros and SACEM, the Society of Authors, Composers and Music Publishers.

Streamiz is now closed but at its peak offered around 40,000 movies to millions of users per month. In total, the site stood accused of around 500,000,000 infringements, earning its operator an estimated 150,000 euros in advertising revenue over a two year period.

“This is a clear case of commercial counterfeiting” based on a “very structured” system, David El Sayegh, Secretary General of SACEM, told AFP. His sentence “sends a very clear message: there will be no impunity for pirates,” he added.

With an arrest warrant still outstanding, the former Streamiz admin is now on the run with very few options available to him. Certainly, the 83.6 million euro fine won’t ever be paid but the prison sentence is something he might need to get behind him.

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

Court Orders Spanish ISPs to Block Pirate Sites For Hollywood

Post Syndicated from Andy original https://torrentfreak.com/court-orders-spanish-isps-to-block-pirate-sites-for-hollywood-180216/

Determined to reduce levels of piracy globally, Hollywood has become one of the main proponents of site-blocking on the planet. To date there have been multiple lawsuits in far-flung jurisdictions, with Europe one of the primary targets.

Following complaints from Disney, 20th Century Fox, Paramount, Sony, Universal and Warner, Spain has become one of the latest targets. According to the studios a pair of sites – HDFull.tv and Repelis.tv – infringe their copyrights on a grand scale and need to be slowed down by preventing users from accessing them.

HDFull is a platform that provides movies and TV shows in both Spanish and English. Almost 60% its traffic comes from Spain and after a huge surge in visitors last July, it’s now the 337th most popular site in the country according to Alexa. Visitors from Mexico, Argentina, United States and Chile make up the rest of its audience.

Repelis.tv is a similar streaming portal specializing in movies, mainly in Spanish. A third of the site’s visitors hail from Mexico with the remainder coming from Argentina, Columbia, Spain and Chile. In common with HDFull, Repelis has been building its visitor numbers quickly since 2017.

The studios demanding more blocks

With a ruling in hand from the European Court of Justice which determined that sites can be blocked on copyright infringement grounds, the studios asked the courts to issue an injunction against several local ISPs including Telefónica, Vodafone, Orange and Xfera. In an order handed down this week, Barcelona Commercial Court No. 6 sided with the studios and ordered the ISPs to begin blocking the sites.

“They damage the legitimate rights of those who own the films and series, which these pages illegally display and with which they profit illegally through the advertising revenues they generate,” a statement from the Spanish Federation of Cinematographic Distributors (FEDECINE) reads.

FEDECINE General director Estela Artacho said that changes in local law have helped to provide the studios with a new way to protect audiovisual content released in Spain.

“Thanks to the latest reform of the Civil Procedure Law, we have in this jurisdiction a new way to exercise different possibilities to protect our commercial film offering,” Artacho said.

“Those of us who are part of this industry work to make culture accessible and offer the best cinematographic experience in the best possible conditions, guaranteeing the continuity of the sector.”

The development was also welcomed by Stan McCoy, president of the Motion Picture Association’s EMEA division, which represents the plaintiffs in the case.

“We have just taken a welcome step which we consider crucial to face the problem of piracy in Spain,” McCoy said.

“These actions are necessary to maintain the sustainability of the creative community both in Spain and throughout Europe. We want to ensure that consumers enjoy the entertainment offer in a safe and secure environment.”

After gaining experience from blockades and subsequent circumvention in other regions, the studios seem better prepared to tackle fallout in Spain. In addition to blocking primary domains, the ruling handed down by the court this week also obliges ISPs to block any other domain, subdomain or IP address whose purpose is to facilitate access to the blocked platforms.

News of Spain’s ‘pirate’ blocks come on the heels of fresh developments in Germany, where this week a court ordered ISP Vodafone to block KinoX, one of the country’s most popular streaming portals.

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Australian Government Launches Pirate Site-Blocking Review

Post Syndicated from Andy original https://torrentfreak.com/australian-government-launches-pirate-site-blocking-review-180214/

Following intense pressure from entertainment industry groups, in 2014 Australia began developing legislation which would allow ‘pirate’ sites to be blocked at the ISP level.

In March 2015 the Copyright Amendment (Online Infringement) Bill 2015 (pdf) was introduced to parliament and after just three months of consideration, the Australian Senate passed the legislation into law.

Soon after, copyright holders began preparing their first cases and in December 2016, the Australian Federal Court ordered dozens of local Internet service providers to block The Pirate Bay, Torrentz, TorrentHound, IsoHunt, SolarMovie, plus many proxy and mirror services.

Since then, more processes have been launched establishing site-blocking as a permanent fixture on the Aussie anti-piracy agenda. But with yet more applications for injunction looming on the horizon, how is the mechanism performing and does anything else need to be done to improve or amend it?

Those are the questions now being asked by the responsible department of the Australian Government via a consultation titled Review of Copyright Online Infringement Amendment. The review should’ve been carried out 18 months after the law’s introduction in 2015 but the department says that it delayed the consultation to let more evidence emerge.

“The Department of Communications and the Arts is seeking views from stakeholders on the questions put forward in this paper. The Department welcomes single, consolidated submissions from organizations or parties, capturing all views on the Copyright Amendment (Online Infringement) Act 2015 (Online Infringement Amendment),” the consultation paper begins.

The three key questions for response are as follows:

– How effective and efficient is the mechanism introduced by the Online Infringement Amendment?

– Is the application process working well for parties and are injunctions operating well, once granted?

– Are any amendments required to improve the operation of the Online Infringement Amendment?

Given the tendency for copyright holders to continuously demand more bang for their buck, it will perhaps come as a surprise that at least for now there is a level of consensus that the system is working as planned.

“Case law and survey data suggests the Online Infringement Amendment has enabled copyright owners to work with [Internet service providers] to reduce large-scale online copyright infringement. So far, it appears that copyright owners and [ISPs] find the current arrangement acceptable, clear and effective,” the paper reads.

Thus far under the legislation there have been four applications for injunctions through the Federal Court, notably against leading torrent indexes and browser-based streaming sites, which were both granted.

The other two processes, which began separately but will be heard together, at least in part, involve the recent trend of set-top box based streaming.

Village Roadshow, Disney, Universal, Warner Bros, Twentieth Century Fox, and Paramount are currently presenting their case to the Federal Court. Along with Hong Kong-based broadcaster Television Broadcasts Limited (TVB), which has a separate application, the companies have been told to put together quality evidence for an April 2018 hearing.

With these applications already in the pipeline, yet more are on the horizon. The paper notes that more applications are expected to reach the Federal Court shortly, with the Department of Communications monitoring to assess whether current arrangements are refined as additional applications are filed.

Thus far, however, steady progress appears to have been made. The paper cites various precedents established as a result of the blocking process including the use of landing pages to inform Internet users why sites are blocked and who is paying.

“Either a copyright owner or [ISP] can establish a landing page. If an [ISP] wishes to avoid the cost of its own landing page, it can redirect customers to one that the copyright owner would provide. Another precedent allocates responsibility for compliance costs. Cases to date have required copyright owners to pay all or a significant proportion of compliance costs,” the paper notes.

But perhaps the issue of most importance is whether site-blocking as a whole has had any effect on the levels of copyright infringement in Australia.

The Government says that research carried out by Kantar shows that downloading “fell slightly from 2015 to 2017” with a 5-10% decrease in individuals consuming unlicensed content across movies, music and television. It’s worth noting, however, that Netflix didn’t arrive on Australian shores until May 2015, just a month before the new legislation was passed.

Research commissioned by the Department of Communications and published a year later in 2016 (pdf) found that improved availability of legal streaming alternatives was the main contributor to falling infringement rates. In a juicy twist, the report also revealed that Aussie pirates were the entertainment industries’ best customers.

“The Department is aware that other factors — such as the increasing availability of television, music and film streaming services and of subscription gaming services — may also contribute to falling levels of copyright infringement,” the paper notes.

Submissions to the consultation (pdf) are invited by 5.00 pm AEST on Friday 16 March 2018 via the government’s website.

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Jailed Streaming Site Operator Hit With Fresh $3m Damages Lawsuit

Post Syndicated from Andy original https://torrentfreak.com/jailed-streaming-site-operator-hit-with-fresh-3m-damages-lawsuit-180207/

After being founded more than half a decade ago, Swefilmer grew to become Sweden’s most popular movie and TV show streaming site. It was only a question of time before authorities stepped in to bring the show to an end.

In 2015, a Swedish operator of the site in his early twenties was raided by local police. A second man, Turkish and in his late twenties, was later arrested in Germany.

The pair, who hadn’t met in person, appeared before the Varberg District Court in January 2017, accused of making more than $1.5m from their activities between November 2013 and June 2015.

The prosecutor described Swefilmer as “organized crime”, painting the then 26-year-old as the main brains behind the site and the 23-year-old as playing a much smaller role. The former was said to have led a luxury lifestyle after benefiting from $1.5m in advertising revenue.

The sentences eventually handed down matched the defendants’ alleged level of participation. While the younger man received probation and community service, the Turk was sentenced to serve three years in prison and ordered to forfeit $1.59m.

Very quickly it became clear there would be an appeal, with plaintiffs represented by anti-piracy outfit RightsAlliance complaining that their 10m krona ($1.25m) claim for damages over the unlawful distribution of local movie Johan Falk: Kodnamn: Lisa had been ruled out by the Court.

With the appeal hearing now just a couple of weeks away, Swedish outlet Breakit is reporting that media giant Bonnier Broadcasting has launched an action of its own against the now 27-year-old former operator of Swefilmer.

According to the publication, Bonnier’s pay-TV company C More, which distributes for Fox, MGM, Paramount, Universal, Sony and Warner, is set to demand around 24m krona ($3.01m) via anti-piracy outfit RightsAlliance.

“This is about organized crime and grossly criminal individuals who earned huge sums on our and others’ content. We want to take every opportunity to take advantage of our rights,” says Johan Gustafsson, Head of Corporate Communications at Bonnier Broadcasting.

C More reportedly filed its lawsuit at the Stockholm District Court on January 30, 2018. At its core are four local movies said to have been uploaded and made available via Swefilmer.

“C More would probably never even have granted a license to [the operator] to make or allow others to make the films available to the public in a similar way as [the operator] did, but if that had happened, the fee would not be less than 5,000,000 krona ($628,350) per film or a total of 20,000,000 krona ($2,513,400),” C More’s claim reads.

Speaking with Breakit, lawyer Ansgar Firsching said he couldn’t say much about C More’s claims against his client.

“I am very surprised that two weeks before the main hearing [C More] comes in with this requirement. If you open another front, we have two trials that are partly about the same thing,” he said.

Firsching said he couldn’t elaborate at this stage but expects his client to deny the claim for damages. C More sees things differently.

“Many people live under the illusion that sites like Swefilmer are driven by idealistic teens in their parents’ basements, which is completely wrong. This is about organized crime where our content is used to generate millions and millions in revenue,” the company notes.

The appeal in the main case is set to go ahead February 20th.

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Denuvo Has Been Sold to Global Anti-Piracy Outfit Irdeto

Post Syndicated from Andy original https://torrentfreak.com/denuvo-has-been-sold-to-global-anti-piracy-outfit-irdeto-180123/

It’s fair to say that of all video games anti-piracy technologies, Denuvo is perhaps the most hated of recent times. That hatred unsurprisingly stems from both its success and complexity.

Those with knowledge of the system say it’s fiendishly difficult to defeat but in recent times, cracks have been showing. In 2017, various iterations of the anti-tamper system were defeated by several cracking groups, much to the delight of the pirate masses.

Now, however, a new development has the potential to herald a new lease of life for the Austria-based anti-piracy company. A few moments ago it was revealed that the company has been bought by Irdeto, a global anti-piracy company with considerable heritage and resources.

“Irdeto has acquired Denuvo, the world leader in gaming security, to provide anti-piracy and anti-cheat solutions for games on desktop, mobile, console and VR devices,” Irdeto said in a statement.

“Denuvo provides technology and services for game publishers and platforms, independent software vendors, e-publishers and video publishers across the globe. Current Denuvo customers include Electronic Arts, UbiSoft, Warner Bros and Lionsgate Entertainment, with protection provided for games such as Star Wars Battlefront II, Football Manager, Injustice 2 and others.”

Irdeto says that Denuvo will “continue to operate as usual” with all of its staff retained – a total of 45 across Austria, Poland, the Czech Republic, and the US. Denuvo headquarters in Salzburg, Austria, will also remain intact along with its sales operations.

“The success of any game title is dependent upon the ability of the title to operate as the publisher intended,” says Irdeto CEO Doug Lowther.

“As a result, protection of both the game itself and the gaming experience for end users is critical. Our partnership brings together decades of security expertise under one roof to better address new and evolving security threats. We are looking forward to collaborating as a team on a number of initiatives to improve our core technology and services to better serve our customers.”

Denuvo was founded relatively recently in 2013 and employs less than 50 people. In contrast, Irdeto’s roots go all the way back to 1969 and currently has almost 1,000 staff. It’s a subsidiary of South Africa-based Internet and media group Naspers, a corporate giant with dozens of notable companies under its control.

While Denuvo is perhaps best known for its anti-piracy technology, Irdeto is also placing emphasis on the company’s ability to hinder cheating in online multi-player gaming environments. This has become a hot topic recently, with several lawsuits filed in the US by companies including Blizzard and Epic.

Denuvo CEO Reinhard Blaukovitsch

“Hackers and cybercriminals in the gaming space are savvy, and always have been. It is critical to implement robust security strategies to combat the latest gaming threats and protect the investment in games. Much like the movie industry, it’s the only way to ensure that great games continue to get made,” says Denuvo CEO Reinhard Blaukovitsch.

“In joining with Irdeto, we are bringing together a unique combination of security expertise, technology and enhanced piracy services to aggressively address security challenges that customers and gamers face from hackers.”

While it seems likely that the companies have been in negotiations for some, the timing of this announcement also coincides with negative news for Denuvo.

Yesterday it was revealed that the latest variant of its anti-tamper technology – Denuvo v4.8 – had been defeated by online cracking group CPY (Conspiracy). Version 4.8 had been protecting Sonic Forces since its release early November 2017 but the game was leaked out onto the Internet late Sunday with all protection neutralized.

Sonic Forces cracked by CPY

Irdeto has a long history of acquiring anti-piracy companies and technologies. They include Lockstream (DRM for content on mobile phones), Philips Cryptoworks (DVB conditional access system), Cloakware (various security), Entriq (media protection), BD+ (Blu-ray protection), and BayTSP (anti-piracy monitoring).

It’s also noteworthy that Irdeto supplied behind-the-scenes support in two of the largest IPTV provider raids of recent times, one focused on Spain in 2017 and more recently in Cyprus, Bulgaria, Greece and the Netherlands (1,2,3).

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Hollywood Asks New UK Culture Secretary To Fight Online Piracy

Post Syndicated from Andy original https://torrentfreak.com/hollywood-asks-new-uk-culture-secretary-to-fight-online-piracy-180119/

Following Prime Minister Theresa May’s cabinet reshuffle earlier this month, Matt Hancock replaced Karen Bradley as Secretary of State for Digital, Culture, Media and Sport.

Hancock, the 39-year-old MP for West Suffolk, was promoted from his role as Minister for Digital and Culture, a position he’d held since July 2016.

“Thrilled to become DCMS Secretary. Such an exciting agenda, so much to do, and great people. Can’t wait to get stuck in,” he tweeted.

Of course, the influence held by the Culture Secretary means that the entertainment industries will soon come calling, seeking help and support in a number of vital areas. No surprise then that Stan McCoy, president and managing director at the ‎Motion Picture Association’s EMEA division, has just jumped in with some advice for Hancock.

In an open letter published on Screen Daily, McCoy begins by reminding Hancock that the movie industry contributes considerable sums to the UK economy.

“We are one of the country’s most valuable economic and cultural assets – worth almost £92bn, growing at twice the rate of the economy, and making a positive contribution to the UK’s balance of payments,” McCoy writes.

“Britain’s status as a center of excellence for the audiovisual sector in particular is no accident: It results from the hard work and genius of our creative workforce, complemented by the support of governments that have guided their policies toward enabling continued excellence and growth.”

McCoy goes on to put anti-piracy initiatives at the very top of his wishlist – and Hancock’s to-do list.

“A joined-up strategy to curb proliferation of illegal, often age-inappropriate and malware-laden content online must include addressing the websites, environments and apps that host and facilitate piracy,” McCoy says.

“In addition to hurting one of Britain’s most important industries, they are overwhelmingly likely to harm children and adult consumers through nasty ads, links to adult content with no age verification, scams, fraud and other unpleasantness.”

That McCoy begins with the “piracy is dangerous” approach is definitely not a surprise. This Hollywood and wider video industry strategy is now an open secret. However, it feels a little off that the UK is being asked to further tackle pirate sites.

Through earlier actions, facilitated by the UK legal system and largely sympathetic judges, many thousands of URLs and domains linking to pirate sites, mirrors and proxies, are impossible to access directly through the UK’s major ISPs. Although a few slip through the net, directly accessing the majority of pirate sites in the UK is now impossible.

That’s already a considerable overseas anti-piracy position for the MPA who, as the “international voice” of the Motion Picture Association of America (MPAA), represents American corporations including Disney, Paramount, Sony Pictures, 20th Century Fox, Universal, and Warner Bros.

There’s no comparable blocking system for these companies to use in the United States and rightsholders in the UK can even have extra sites blocked without going back to court for permission. In summary, these US companies arguably get a better anti-piracy deal in the UK than they do at home in the United States.

In his next point, McCoy references last year’s deal – which was reached following considerable pressure from the UK government – between rightsholders and search engines including Google and Bing to demote ‘pirate’ results.

“Building on last year’s voluntary deal with search engines, the Government should stay at the cutting edge of ensuring that everyone in the ecosystem – including search engines, platforms and social media companies – takes a fair share of responsibility,” McCoy says.

While this progress is clearly appreciated by the MPA/MPAA, it’s difficult to ignore that the voluntary arrangement to demote infringing content is somewhat special if not entirely unique. There is definitely nothing comparable in the United States so keeping up the pressure on the UK Government feels a little like getting the good kid in class to behave, while his rowdy peers nearer the chalkboard get ignored.

The same is true for McCoy’s call for the UK to “banish dodgy streaming devices”.

“Illegal streaming devices loaded with piracy apps and malware – not to mention the occasional electrical failure – are proliferating across the UK, to the detriment of consumers and industry,” he writes.

“The sector is still waiting for the Intellectual Property Office to publish the report on its Call for Views on this subject. This will be one of several opportunities, along with the promised Digital Charter, to make clear that these devices and the apps and content they supply are unacceptable, dangerous to consumers, and harmful to the creative industry.”

Again, prompting the UK to stay on top of this game doesn’t feel entirely warranted.

With dozens of actions over the past few years, the Police Intellectual Property Crime Unit and the Federation Against Copyright Theft (which Hollywood ironically dumped in 2016) have done more to tackle the pirate set-top box problem than any group on the other side of the Atlantic.

Admittedly the MPAA is now trying to catch up, with recent prosecutions of two ‘pirate’ box vendors (1,2), but largely the work by the studios on their home turf has been outpaced by that of their counterparts in the UK.

Maybe Hancock will mention that to Hollywood at some point in the future.

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Our ‘Kodi Box’ Is Legal & Our Users Don’t Break the Law, TickBox Tells Hollywood

Post Syndicated from Andy original https://torrentfreak.com/our-kodi-box-is-legal-our-users-dont-break-the-law-tickbox-tells-hollywood-171229/

Georgia-based TickBox TV is a provider of set-top boxes that allow users to stream all kinds of popular content. Like other similar devices, Tickboxes use the popular Kodi media player alongside instructions how to find and use third-party addons.

Of course, these types of add-ons are considered a thorn in the side of the entertainment industries and as a result, Tickbox found itself on the receiving end of a lawsuit in the United States.

Filed in a California federal court in October, Universal, Columbia Pictures, Disney, 20th Century Fox, Paramount Pictures, Warner Bros, Amazon, and Netflix accused Tickbox of inducing and contributing to copyright infringement.

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

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

The copyright holders reference a TickBox TV video which informs customers how to install ‘themes’, more commonly known as ‘builds’. These ‘builds’ are custom Kodi-setups which contain many popular add-ons that specialize in supplying pirate content. Is that illegal? TickBox TV believes not.

In a response filed yesterday, TickBox underlined its position that its device is not sold with any unauthorized or illegal content and complains that just because users may choose to download and install third-party programs through which they can search for and view unauthorized content, that’s not its fault. It goes on to attack the lawsuit on several fronts.

TickBox argues that plaintiffs’ claims, that TickBox can be held secondarily liable under the theory of contributory infringement or inducement liability as described in the famous Grokster and isoHunt cases, is unlikely to succeed. TickBox says the studios need to show four elements – distribution of a device or product, acts of infringement by users of Tickbox, an object of promoting its use to infringe copyright, and causation.

“Plaintiffs have failed to establish any of these four elements,” TickBox’s lawyers write.

Firstly, TickBox says that while its device can be programmed to infringe, it’s the third party software (the builds/themes containing addons) that do all the dirty work, and TickBox has nothing to do with them.

“The Motion spends a great deal of time describing these third-party ‘Themes’ and how they operate to search for and stream videos. But the ‘Themes’ on which Plaintiffs so heavily focus are not the [TickBox], and they have absolutely nothing to do with Defendant. Rather, they are third-party modifications of the open-source media player software [Kodi] which the Box utilizes,” the response reads.

TickBox says its device is merely a small computer, not unlike a smartphone or tablet. Indeed, when it comes to running the ‘pirate’ builds listed in the lawsuit, a device supplied by one of the plaintiffs can accomplish the same task.

“Plaintiffs have identified certain of these thirdparty ‘builds’ or ‘Themes’ which are available on the internet and which can be downloaded by users to view content streamed by third-party websites; however, this same software can be installed on many different types of devices, even one distributed by affiliates of Plaintiff Amazon Content Services, LLC,” the company adds.

Referencing the Grokster case, TickBox states that particular company was held liable for distributing a device (the Grokster software) “with the object of promoting its use to infringe copyright.” In the isoHunt case, it argues that the provision of torrent files satisfied the first element of inducement liability.

“In contrast, Defendant’s product – the Box – is not software through which users can access unauthorized content, as in Grokster, or even a necessary component of accessing unauthorized content, as in Fung [isoHunt],” TickBox writes.

“Defendant offers a computer, onto which users can voluntarily install legitimate or illegitimate software. The product about which Plaintiffs complain is third-party software which can be downloaded onto a myriad of devices, and which Defendant neither created nor supplies.”

From defending itself, TickBox switches track to highlight weaknesses in the studios’ case against users of its TickBox device. The company states that the plaintiffs have not presented any evidence that buyers of the TickBox streaming unit have actually accessed any copyrighted material.

Interestingly, however, the company also notes that even if people had streamed ‘pirate’ content, that might not constitute infringement.

First up, the company notes that there are no allegations that anyone – from TickBox itself to TickBox device owners – ever violated the plaintiffs’ exclusive right to perform its copyrighted works.

TickBox then further argues that copyright law does not impose liability for viewing streaming content, stating that an infringer is one who violates any of the exclusive rights of the copyright holder, in this case, the right to “perform the copyrighted work publicly.”

“Plaintiffs do not allege that Defendant, Defendant’s product, or the users of Defendant’s product ‘transmit or otherwise communicate a performance’ to the public; instead, Plaintiffs allege that users view streaming material on the Box.

“It is clear precedent [Perfect 10 v Google] in this Circuit that merely viewing copyrighted material online, without downloading, copying, or retransmitting such material, is not actionable.”

Taking this argument to its logical conclusion, TickBox insists that if its users aren’t infringing copyright, it’s impossible to argue that TickBox induced its customers to violate the plaintiffs’ rights. In that respect, plaintiffs’ complaints that TickBox failed to develop “filtering tools” to diminish its customers’ infringing activity are moot, since in TickBox’s eyes no infringement took place.

TickBox also argues that unlike in Grokster, where the defendant profited when users’ accessed infringing content, it does not. And, just to underline the earlier point, it claims that its place in the market is not to compete with entertainment companies, it’s actually to compete with devices such as Amazon’s Firestick – another similar Android-powered device.

Finally, TickBox notes that it has zero connection with any third-party sites that transmit copyrighted works in violation of the plaintiffs’ rights.

“Plaintiff has not alleged any element of contributory infringement vis-à-vis these unknown third-parties. Plaintiff has not alleged that Defendant has distributed any product to those third parties, that Defendant has committed any act which encourages those third parties’ infringement, or that any act of Defendant has, in fact, caused those third parties to infringe,” its response adds.

But even given the above defenses, TickBox says that it “voluntarily took steps” to remove links to the allegedly infringing Kodi builds from its device, following the plaintiffs’ lawsuit. It also claims to have modified its advertising and webpage “to attempt to appease Plaintiffs and resolve their complaint amicably.”

Given the above, TickBox says that the plaintiffs’ application for injunction is both vague and overly broad and would impose “imperssible hardship” on the company by effectively shutting it down while requiring it to “hack into and delete content” which TickBox users may have downloaded to their boxes.

TickBox raises some very interesting points around some obvious weaknesses so it will be intriguing to see how the Court handles its claims and what effect that has on the market for these devices in the US. In particular, the thorny issue of how they are advertised and promoted, which is nearly always the final stumbling block.

A copy of Tickbox’s response is available here (pdf), via Variety

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Kodi Piracy and Addon Predictions for 2018

Post Syndicated from Andy original https://torrentfreak.com/kodi-piracy-and-addon-predictions-for-2018-171228/

During 2017, Kodi and its sea of third-party addons hit the headlines hundreds of times.

Streaming in this fashion became a massive deal throughout the year and eventually, copyright holders decided to take action, cracking down on groups such as TVAddons, ZemTV, and addons offered by jsergio123 and The_Alpha.

In November, the problems continued when the Ares Project, the group behind the hugely popular Ares Wizard and Kodi repository, threw in the towel after being threatened by the MPA-led anti-piracy coalition Alliance for Creativity and Entertainment.

The combined might of Columbia, Disney, Paramount, Twentieth Century Fox, Universal, Warner, Netflix, Amazon, and Sky TV was too much, leading to Ares Project leader Tekto shutting everything down.

This was a significant development. Over a two year period, Ares serviced an estimated 100 million users. After interviewing Tekto last month, today we catch up with the developer again, listening to his thoughts on how the scene might further develop in 2018 and what threats lie ahead.

TF: Could you tell us a bit about Kodi’s suitability as an unauthorized streaming platform moving forward? Is it flexible enough to deal with threats, is its current development effort sufficient, do addon developers like the way it works, and how could it be improved?

Tekto: The public awareness of Kodi and the easy ways with which it can be customised via builds and its open source nature makes it the perfect platform for Python coders. It’s easy to fork, copy, adapt and learn, and it’s good for “builders” who modify, personalize, and “brand”.

It’s also easy for users to obtain, install, and work with the plethora of wizards and addons etc, all backed by up blogs and YouTube tutorials. It’s the perfect open source platform to develop and customise to access a massive range of content. Content that may well be contentious but regardless, it is publicly available all over the web.

TF: Obviously Kodi is the big thing at the moment but other apps, such as Showbox, TerrariumTV, and similar products are carving a decent niche for themselves. Where do you see the market sitting on these kinds of products moving forward and are they a threat to Kodi’s dominance?

Tekto: The apps and other services don’t offer the same level of personalization. That’s what will keep a certain dedicated following happy with Kodi. We’ve had Plex, Streamio, Emby and so on, but none offer the flexibility of Kodi.

TF: Does Kodi have any major weaknesses that you know of? Is it under threat from other systems perhaps?

Tekto: Lets not forget we had CCcam [card sharing] for a decade and with Sky [UK TV provider] changing their encryption to end that source, a myriad of IPTV providers sprung up to replace it. All that killing the CCcam method has done, is moved people off CCcam to IPTV. It hasn’t stopped piracy or access to “premium content”, it just moved somewhere else. It probably also makes the providers more money than CCcam accounts ever did.

TF: There have been a lot of legal threats in 2017. Are third-party addon developers and their community under serious threat?

Tekto: If Kodi third-party devs “stopped”, something else would take over. All the Android apps that have sprung up (some have been around a while anyway) are already filling some gaps or giving options for those looking to stream.

Having tried some of these, I have to say for non-tech users there are two or three apps that will suit them perfectly. Others need more work and fewer invasive ads to be more successful. Will Kodi stop? No. It is evolving and finding a new path. It has to. Well, the coders have to, at least.

TF: What is your overall assessment of the various legal attacks this year?

Tekto: What is being missed by all these legal “efforts” is the removal of the sources being accessed. Whilst the sources exist, apps and Kodi add-ons will find ways to access them.

Did taking out a few Kodi devs and a wizard remove any content? Did it stop just one movie from being accessed? No. It did nothing to stop piracy. It did, however, give those receiving HUGE fees to act for the various movie and broadcasters, something to write on their “success” boards and reports.

It just upset users for a few days whilst things adapted to the new situation. The Kodi builds listed on Ares all had their own wizards anyway – so they all carried on working. All the add-ons on Ares were mostly linked to Github, so they carried on working anyway.

The takedown of guys working on the URL resolver for Covenant didn’t work at all. The code still works and if you add, let’s say, Real Debrid, it won’t ever stop working, even Exodus still works! Let’s add to this that Covenant was then forked five or six times and re-marketed.

I’d say it probably increased “acts of copyright infringement” or at least access to “copyright infringing material”. TV Addons immediately took over development of the “URL resolver”, so it will be maintained and fixes for it released.

The URL resolver module uses regex – regular expressions to emulate a web browser (for the most part). Let that sink in; A URL resolver is a way to bypass a web browser, as most of the content is hosted on “publicly accessible” websites, that still remain publicly available with or without Covenant or whatever the forks are called.

TF: Sp there isn’t a Doomsday scenario?

Tekto: If the Kodi third-party scene is somehow stopped – all Wizards, builds, etc were all stopped this very second – there would be a dozen new apps for Android in weeks. Meanwhile, there are hundreds of websites you could switch to, to watch the same content. ACE, MPA etc need to wake up to that fact.

TF: One of the big deals this year, as far as the legal position goes, has been the clarification of “communication to the public” following cases at the European level featuring [pirate box seller] Filmspeler and The Pirate Bay. How do you think this will affect the addon and build scenes moving forward?

Tekto: I’ve long believed that Kodi wizards and scraper addons operated in a way that wasn’t illegal, in that they never provided content, never actually handled the copyright protected files themselves.

It still remains my belief that the recent efforts to use the Ziggo [Pirate Bay] ruling concerning “communicating to the public” is directly linked to torrents or at the very least actually providing content itself. It may be legal “saber rattling” – however standing your ground in the face of a well-funded legal behemoth is beyond hobbyists.

TF: An addon developer I spoke with recently said that fellow addon developers will need to be smarter in future, perhaps by developing addons that aren’t so obviously infringing and are more general in their functionality. Do you feel this is a route they’re likely to take and will it make any difference? How do you think a more ‘underground’ scene will affect the situation on the ground?

Tekto: Going Underground? Most will say grab a VPN and you’re safe – take note that a VPN isn’t enough. They may not get your logs, but they will get your payment info, or the times you are online tagged against another log etc. Anything like PayPal, Gmail, AdSense, etc is 100% out too – they will give people up in a heartbeat. People will have to avoid Facebook, Twitter and so on, as again, they will also link back to the “real you”.

I expect more will move to Tor as a first level of hiding their identities. Hosting via Tor-only sites might be a way to avoid some obvious methods of tracing people. Add-on devs could access Github and release code without ever having to reveal who they are.

Let’s not get into the whole “freedom of speech” etc scenario, however. It should mean that any developer should realistically make much greater efforts to hide their identities.

TF: Thank you for your time, Tekto. Any final messages for the readers?

Tekto: Yes, our Ares Wizard has returned. It’s a mainentance tool now.

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

Might Google Class “Torrent” a Dirty Word? France is About to Find Out

Post Syndicated from Andy original https://torrentfreak.com/might-google-class-torrent-a-dirty-word-france-is-about-to-find-out-171223/

Like most countries, France is struggling to find ways to stop online piracy running rampant. A number of options have been tested thus far, with varying results.

One of the more interesting cases has been running since 2015, when music industry group SNEP took Google and Microsoft to court demanding automated filtering of ‘pirate’ search results featuring three local artists.

Before the High Court of Paris, SNEP argued that searches for the artists’ names plus the word “torrent” returned mainly infringing results on Google and Bing. Filtering out results with both sets of terms would reduce the impact of people finding pirate content through search, they said.

While SNEP claimed that its request was in line with Article L336-2 of France’s intellectual property code, which allows for “all appropriate measures” to prevent infringement, both Google and Microsoft fought back, arguing that such filtering would be disproportionate and could restrict freedom of expression.

The Court eventually sided with the search engines, noting that torrent is a common noun that refers to a neutral communication protocol.

“The requested measures are thus tantamount to general monitoring and may block access to lawful websites,” the High Court said.

Despite being told that its demands were too broad, SNEP decided to appeal. The case was heard in November where concerns were expressed over potential false positives.

Since SNEP even wants sites with “torrent” in their URL filtered out via a “fully automated procedures that do not require human intervention”, this very site – TorrentFreak.com – could be sucked in. To counter that eventuality, SNEP proposed some kind of whitelist, NextInpact reports.

With no real consensus on how to move forward, the parties were advised to enter discussions on how to get closer to the aim of reducing piracy but without causing collateral damage. Last week the parties agreed to enter negotiations so the details will now have to be hammered out between their respective law firms. Failing that, they will face a ruling from the court.

If this last scenario plays out, the situation appears to favor the search engines, who have a High Court ruling in their favor and already offer comprehensive takedown tools for copyright holders to combat the exploitation of their content online.

Meanwhile, other elements of the French recording industry have booked a notable success against several pirate sites.

SCPP, which represents Warner, Universal, Sony and thousands of others, went to court in February this year demanding that local ISPs Bouygues, Free, Orange, SFR and Numéricable prevent their subscribers from accessing ExtraTorrent, isoHunt, Torrent9 and Cpasbien.

Like SNEP in the filtering case, SCPP also cited Article L336-2 of France’s intellectual property code, demanding that the sites plus their variants, mirrors and proxies should be blocked by the ISPs so that their subscribers can no longer gain access.

This week the Paris Court of First Instance sided with the industry group, ordering the ISPs to block the sites. The service providers were also told to pick up the bill for costs.

These latest cases are yet more examples of France’s determination to crack down on piracy.

Early December it was revealed that since its inception, nine million piracy warnings have been sent to citizens via the Hadopi anti-piracy agency. Since the launch of its graduated response regime in 2010, more than 2,000 cases have been referred to prosecutors, resulting in 189 criminal convictions.

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

Movie & TV Companies Tackle Pirate IPTV in Australia Federal Court

Post Syndicated from Andy original https://torrentfreak.com/movie-tv-companies-tackle-pirate-iptv-in-australia-federal-court-171207/

As movie and TV show piracy has migrated from the desktop towards mobile and living room-based devices, copyright holders have found the need to adapt to a new enemy.

Dealing with streaming services is now high on the agenda, with third-party Kodi addons and various Android apps posing the biggest challenge. Alongside is the much less prevalent but rapidly growing pay IPTV market, in which thousands of premium channels are delivered to homes for a relatively small fee.

In Australia, copyright holders are treating these services in much the same way as torrent sites. They feel that if they can force ISPs to block them, the problem can be mitigated. Most recently, movie and TV show giants Village Roadshow, Disney, Universal, Warner Bros, Twentieth Century Fox, and Paramount filed an application targeting HDSubs+, a pirate IPTV operation servicing thousands of Australians.

Filed in October, the application for the injunction targets Australia’s largest ISPs including Telstra, Optus, TPG, and Vocus, plus their subsidiaries. The movie and TV show companies want them to quickly block HDSubs+, to prevent it from reaching its audience.

HDSubs+ IPTV package
However, blocking isn’t particularly straightforward. Due to the way IPTV services are setup a number of domains need to be blocked, including their sales platforms, EPG (electronic program guide), software (such as an Android app), updates, and sundry other services. In HDSubs+ case around ten domains need to be restricted but in court today, Village Roadshow revealed that probably won’t deal with the problem.

HDSubs+ appears to be undergoing some kind of transformation, possibly to mitigate efforts to block it in Australia. ComputerWorld reports that it is now directing subscribers to update to a new version that works in a more evasive manner.

If they agree, HDSubs+ customers are being migrated over to a service called PressPlayPlus. It works in the same way as the old system but no longer uses the domain names cited in Village Roadshow’s injunction application. This means that DNS blocks, the usual weapon of choice for local ISPs, will prove futile.

Village Roadshow says that with this in mind it may be forced to seek enhanced IP address blocking, unless it is granted a speedy hearing for its application. This, in turn, may result in the normally cooperative ISPs returning to court to argue their case.

“If that’s what you want to do, then you’ll have to amend the orders and let the parties know,” Judge John Nicholas said.

“It’s only the former [DNS blocking] that carriage service providers have agreed to in the past.”

As things stand, Village Roadshow will return to court on December 15 for a case management hearing but in the meantime, the Federal Court must deal with another IPTV-related blocking request.

In common with its Australian and US-based counterparts, Hong Kong-based broadcaster Television Broadcasts Limited (TVB) has launched a similar case asking local ISPs to block another IPTV service.

“Television Broadcasts Limited can confirm that we have commenced legal action in Australia to protect our copyright,” a TVB spokesperson told Computerworld.

TVB wants ISPs including Telstra, Optus, Vocus, and TPG plus their subsidiaries to block access to seven Android-based services named as A1, BlueTV, EVPAD, FunTV, MoonBox, Unblock, and hTV5.

Court documents list 21 URLs maintaining the services. They will all need to be blocked by DNS or other means, if the former proves futile. Online reports suggest that there are similarities among the IPTV products listed above. A demo for the FunTV IPTV service is shown below.

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

Kodi Addon Dev Says “Show of Force” Will Be Met With Defiance

Post Syndicated from Andy original https://torrentfreak.com/kodi-addon-dev-says-show-force-will-met-defiance-171119/

For many years, the members of the MPAA have flexed their muscles all around the globe, working to prevent people from engaging in online piracy. If the last 17 years ‘progress’ is anything to go by, it’s a war that will go on indefinitely.

With Columbia, Disney, Paramount, Twentieth Century Fox, Universal, and Warner on board, the MPAA has historically relied on sheer power to intimidate opponents. That has certainly worked in many large piracy cases but for many peripheral smaller-scale pirates, their presence is largely ignored.

This week, however, several players in the Kodi scene discovered that these giants – and more besides – have the ability to literally turn up at their front door. As reported Thursday, UK-based Kodi addon developer The_Alpha received a hand-delivered cease-and-desist letter from all of the above, accompanied by new faces Netflix, Amazon and Sky TV.

These companies are part of the Alliance for Creativity and Entertainment (ACE), a massive and recently-formed anti-piracy coalition comprised of 30 global entertainment brands. TorrentFreak reached out to The_Alpha for his thoughts on coming under such a dazzling spotlight but perhaps understandably he didn’t want to comment.

The leader of the Ares Project was willing to go on the record, however, after he too received a hand-delivered threat during the week. His decision was to immediately comply and shutdown but TF is informed that others might not be so willing to follow suit.

A Kodi addon developer living in the UK who spoke to us on condition of anonymity told us that most people operating in the scene expected some kind of trouble – just not on this scale.

“Did you see the [company logos] across the top of Alpha’s letter? That’s some serious shit right there. The film companies are no surprise but Amazon delivers my groceries so I don’t expect this shit from them,” he said.

When the ACE partnership was formed earlier this year, it seemed pretty clear that the main drive was towards the pooling of anti-piracy resources to be more effective and efficient. However, it can’t have escaped ACE that such a broad and powerful alliance could also have a profound psychological effect on its adversaries.

“There’s no doubt in my mind that they’re turning up mob-handed to put the shits up people like Alpha and the rest of us,” the developer said. “It’s hardly a fair dust-up is it? What have we got to fight back with, a giro [state benefits]? It’s a show of force, ‘look how important we are’!”

Interestingly, however, the dev told us that it isn’t necessarily the size of the coalition that has him most concerned. What caught his eye was the inclusion of two influential UK-based companies in the alliance.

“Having Sly [a local derogatory nickname for Sky TV] and the Premier League on the letter makes it much more serious to me than seeing Warner or whatever,” he commented.

“I don’t get involved in footie but Sly is everywhere round here and I think it’s something the Brit dev scene might take notice of, even if most say ‘fuck it’ and carry on anyway.”

When questioned whether that’s likely, our source said that while ACE might be able to tackle some of the bigger targets like Ares Project or Colossus, they fundamentally misunderstand how the Kodi scene works.

“If you want a good example of a scattered pirate scene, I give you Kodi. They can bomb the base or whatever but nobody lives there,” he explained.

“There’s some older blokes like me who can do without the stress but a lot of younger coders, builders and YouTubers who thrive on it. They’re used to running around council estates with real-life problems. A faffy letter from some toff in a suit means literally nothing. Like I said, all they have to lose is a giro.”

Whether this is just bravado will remain to be seen, but our earlier discussions with others in the scene indicate a particular weakness in the UK, with many players vulnerable to being found after failing to hide their identities in the past. To a point, our source agrees that this is a problem.

“People are saying that Alpha was found after trying to raise some charity money related to his disabled son but I don’t know for sure and nor does anybody else. What strikes me is that none of us really thought things would get this on top here because all you ever hear about is America this, Canada that, whatever. Does this means that more of us are getting done in England? You tell me,” he said.

Only time will tell but stamping out the pirate Kodi scene is going to be hard work.

Within hours of several projects disappearing Wednesday and Thursday, YouTube and myriad blogs were being flooded with guides detailing immediate replacements. This ad-hoc network of enthusiasts makes the exchange of information happen at an alarming rate and it’s hard to see how any company – no matter how powerful – will ever be able to keep up.

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