Tag Archives: warning notice

How Many Piracy Warnings Would Get You to Stop?

Post Syndicated from Andy original https://torrentfreak.com/how-many-piracy-warnings-would-get-you-to-stop-180422/

For the past several years, copyright holders in the US and Europe have been trying to reach out to file-sharers in an effort to change their habits.

Whether via high-profile publicity lawsuits or a simple email, it’s hoped that by letting people know they aren’t anonymous, they’ll stop pirating and buy more content instead.

Traditionally, most ISPs haven’t been that keen on passing infringement notices on. However, the BMG v Cox lawsuit seems to have made a big difference, with a growing number of ISPs now visibly warning their users that they operate a repeat infringer policy.

But perhaps the big question is how seriously users take these warnings because – let’s face it – that’s the entire point of their existence.

There can be little doubt that a few recipients will be scurrying away at the slightest hint of trouble, intimidated by the mere suggestion that they’re being watched.

Indeed, a father in the UK – who received a warning last year as part of the Get it Right From a Genuine Site campaign – confidently and forcefully assured TF that there would be no more illegal file-sharing taking place on his ten-year-old son’s computer again – ever.

In France, where the HADOPI anti-piracy scheme received much publicity, people receiving an initial notice are most unlikely to receive additional ones in future. A December 2017 report indicated that of nine million first warning notices sent to alleged pirates since 2012, ‘just’ 800,000 received a follow-up warning on top.

The suggestion is that people either stop their piracy after getting a notice or two, or choose to “go dark” instead, using streaming sites for example or perhaps torrenting behind a decent VPN.

But for some people, the message simply doesn’t sink in early on.

A post on Reddit this week by a TWC Spectrum customer revealed that despite a wealth of readily available information (including masses in the specialist subreddit where the post was made), even several warnings fail to have an effect.

“Was just hit with my 5th copyright violation. They halted my internet and all,” the self-confessed pirate wrote.

There are at least three important things to note from this opening sentence.

Firstly, the first four warnings did nothing to change the user’s piracy habits. Secondly, Spectrum presumably had enough at five warnings and kicked in a repeat-infringer suspension, presumably to avoid the same fate as Cox in the BMG case. Third, the account suspension seems to have changed the game.

Notably, rather than some huge blockbuster movie, that fifth warning came due to something rather less prominent.

“Thought I could sneak in a random episode of Rosanne. The new one that aired LOL. That fast. Under 24 hours I got shut off. Which makes me feel like [ISPs] do monitor your traffic and its not just the people sending them notices,” the post read.

Again, some interesting points here.

Any content can be monitored by rightsholders but if it’s popular in the US then a warning delivered via an ISP seems to be more likely than elsewhere. However, the misconception that the monitoring is done by ISPs persists, despite that not being the case.

ISPs do not monitor users’ file-sharing activity, anti-piracy companies do. They can grab an IP address the second someone enters a torrent swarm, or even connects to a tracker. It happens in an instant, at a time of their choosing. Quickly jumping in and out of a torrent is no guarantee and the fallacy of not getting caught due to a failure to seed is just that – a fallacy.

But perhaps the most important thing is that after five warnings and a disconnection, the Reddit user decided to take action. Sadly for the people behind Rosanne, it’s not exactly the reaction they’d have hoped for.

“I do not want to push it but I am curious to what happens 6th time, and if I would even be safe behind a VPN,” he wrote.

“Just want to learn how to use a VPN and Sonarr and have a guilt free stress free torrent watching.”

Of course, there was no shortage of advice.

“If you have gotten 5 notices, you really should of learnt [sic] how to use a VPN before now,” one poster noted, perhaps inevitably.

But curiously, or perhaps obviously given the number of previous warnings, the fifth warning didn’t come as a surprise to the user.

“I knew they were going to hit me for it. I just didn’t think a 195mb file would do it. They were getting me for Disney movies in the past,” he added.

So how do you grab the attention of a persistent infringer like this? Five warnings and a suspension apparently. But clearly, not even that is a guarantee of success. Perhaps this is why most ‘strike’ schemes tend to give up on people who can’t be rehabilitated.

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

Seven Years of Hadopi: Nine Million Piracy Warnings, 189 Convictions

Post Syndicated from Andy original https://torrentfreak.com/seven-years-of-hadopi-nine-million-piracy-warnings-189-convictions-171201/

More than seven years ago, it was predicted that the next big thing in anti-piracy enforcement would be the graduated response scheme.

Commonly known as “three strikes” or variants thereof, these schemes were promoted as educational in nature, with alleged pirates receiving escalating warnings designed to discourage further infringing behavior.

In the fall of 2010, France became one of the pioneers of the warning system and now almost more than seven years later, a new report from the country’s ‘Hadopi’ anti-piracy agency has revealed the extent of its operations.

Between July 2016 and June 2017, Hadopi sent a total of 889 cases to court, a 30% uplift on the 684 cases handed over during the same period 2015/2016. This boost is notable, not least since the use of peer-to-peer protocols (such as BitTorrent, which Hadopi closely monitors) is declining in favor of streaming methods.

When all the seven years of the scheme are added together ending August 31, 2017, the numbers are even more significant.

“Since the launch of the graduated response scheme, more than 2,000 cases have been sent to prosecutors for possible prosecution,” Hadopi’s report reads.

“The number of cases sent to the prosecutor’s office has increased every year, with a significant increase in the last two years. Three-quarters of all the cases sent to prosecutors have been sent since July 2015.”

In all, the Hadopi agency has sent more than nine million first warning notices to alleged pirates since 2012, with more than 800,000 follow-up warnings on top, 200,000 of them during 2016-2017. But perhaps of most interest is the number of French citizens who, despite all the warnings, carried on with their pirating behavior and ended up prosecuted as a result.

Since the program’s inception, 583 court decisions have been handed down against pirates. While 394 of them resulted in a small fine, a caution, or other community-based punishment, 189 citizens walked away with a criminal conviction.

These can include fines of up to 1,500 euros or in more extreme cases, up to three years in prison and/or a 300,000 euro fine.

While this approach looks set to continue into 2018, Hadopi’s report highlights the need to adapt to a changing piracy landscape, one which requires a multi-faceted approach. In addition to tracking pirates, Hadopi also has a mission to promote legal offerings while educating the public. However, it is fully aware that these strategies alone won’t be enough.

To that end, the agency is calling for broader action, such as faster blocking of sites, expanding to the blocking of mirror sites, tackling unauthorized streaming platforms and, of course, dealing with the “fully-loaded” set-top box phenomenon that’s been sweeping the world for the past two years.

The full report can be downloaded here (pdf, French)

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

Swiss Copyright Law Proposals: Good News for Pirates, Bad For Pirate Sites

Post Syndicated from Andy original https://torrentfreak.com/swiss-copyright-law-proposals-good-news-for-pirates-bad-for-pirate-sites-171124/

While Switzerland sits geographically in the heart of Europe, the country is not part of the European Union, meaning that its copyright laws are often out of touch with those of the countries encircling it.

For years this has meant heavy criticism from the United States, whose trade representative has put Switzerland on the Watch List, citing weaknesses in the country’s ability to curb online copyright infringement.

“The decision to place Switzerland on the Watch List this year is premised on U.S. concerns regarding specific difficulties in Switzerland’s system of online copyright protection and enforcement,” the USTR wrote in 2016.

Things didn’t improve in 2017. Referencing the so-called Logistep Decision, which found that collecting infringers’ IP addresses is unlawful, the USTR said that Switzerland had effectively deprived copyright holders of the means to enforce their rights online.

All of this criticism hasn’t fallen on deaf ears. For the past several years, Switzerland has been deeply involved in consultations that aim to shape future copyright law. Negotiations have been prolonged, however, with the Federal Council aiming to improve the situation for creators without impairing the position of consumers.

A new draft compromise tabled Wednesday is somewhat of a mixed bag, one that is unlikely to please the United States overall but could prove reasonably acceptable to the public.

First of all, people will still be able to ‘pirate’ as much copyrighted material as they like, as long as that content is consumed privately and does not include videogames or software, which are excluded. Any supposed losses accrued by the entertainment industries will be compensated via a compulsory tax of 13 Swiss francs ($13), levied on media playback devices including phones and tablets.

This freedom only applies to downloading and streaming, meaning that any uploading (distribution) is explicitly ruled out. So, while grabbing some streaming content via a ‘pirate’ Kodi addon is just fine, using BitTorrent to achieve the same is ruled out.

Indeed, rightsholders will be able to capture IP addresses of suspected infringers in order to file a criminal complaint with authorities. That being said, there will no system of warning notices targeting file-sharers.

But while the authorization of unlicensed downloads will only frustrate an already irritated United States, the other half of the deal is likely to be welcomed.

Under the recommendations, Internet services will not only be required to remove infringing content from their platforms, they’ll also be compelled to prevent that same content from reappearing. Failure to comply will result in prosecution. It’s a standard that copyright holders everywhere are keen for governments to adopt.

Additionally, the spotlight will fall on datacenters and webhosts that have a reputation for being popular with pirate sites. It’s envisioned that such providers will be prevented from offering services to known pirate sites, with the government clearly stating that services with piracy at the heart of their business models will be ripe for action.

But where there’s a plus for copyright holders, the Swiss have another minus. Previously it was proposed that in serious cases authorities should be able to order the ISP blocking of “obviously illegal content or sources.” That proposal has now been dropped, meaning no site-blocking will be allowed.

Other changes in the draft envision an extension of the copyright term from 50 to 70 years and improved protection for photographic works. The proposals also feature increased freedoms for researchers and libraries, who will be able to use copyrighted works without obtaining permission from rightsholders.

Overall the proposals are a pretty mixed bag but as Minister of Justice Simonetta Sommaruga said Wednesday, if no one is prepared to compromise, no one will get anything.

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

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

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

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

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

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

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

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

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

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

Message from Telegram support

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

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

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

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

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

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

Six Strikes Piracy Scheme May Be Dead But Those Warnings Keep on Coming

Post Syndicated from Andy original https://torrentfreak.com/six-strikes-piracy-scheme-may-be-dead-but-those-warnings-keep-on-coming-171001/

After at least 15 years of Internet pirates being monitored by copyright holders, one might think that the message would’ve sunk in by now. For many, it definitely hasn’t.

Bottom line: when people use P2P networks and protocols (such as BitTorrent) to share files including movies and music, copyright holders are often right there, taking notes about what is going on, perhaps in preparation for further action.

That can take a couple of forms, including suing users or, more probably, firing off a warning notice to their Internet service providers. Those notices are a little like a speeding ticket, telling the subscriber off for sharing copyrighted material but letting them off the hook if they promise to be good in future.

In 2013, the warning notice process in the US was formalized into what was known as the Copyright Alert System, a program through which most Internet users could receive at least six piracy warning notices without having any serious action taken against them. In January 2017, without having made much visible progress, it was shut down.

In some corners of the web there are still users under the impression that since the “six strikes” scheme has been shut down, all of a sudden US Internet users can forget about receiving a warning notice. In reality, the complete opposite is true.

While it’s impossible to put figures on how many notices get sent out (ISPs are reluctant to share the data), monitoring of various piracy-focused sites and forums indicates that plenty of notices are still being sent to ISPs, who are cheerfully sending them on to subscribers.

Also, over the past couple of months, there appears to have been an uptick in subscribers seeking advice after receiving warnings. Many report basic notices but there seems to be a bit of a trend of Internet connections being suspended or otherwise interrupted, apparently as a result of an infringement notice being received.

“So, over the weekend my internet got interrupted by my ISP (internet service provider) stating that someone on my network has violated some copyright laws. I had to complete a survey and they brought back the internet to me,” one subscriber wrote a few weeks ago. He added that his (unnamed) ISP advised him that seven warnings would get his account disconnected.

Another user, who named his ISP as Comcast, reported receiving a notice after downloading a game using BitTorrent. He was warned that the alleged infringement “may result in the suspension or termination of your Service account” but what remains unclear is how many warnings people can receive before this happens.

For example, a separate report from another Comcast user stated that one night of careless torrenting led to his mother receiving 40 copyright infringement notices the next day. He didn’t state which company the notices came from but 40 is clearly a lot in such a short space of time. That being said and as far as the report went, it didn’t lead to a suspension.

Of course, it’s possible that Comcast doesn’t take action if a single company sends many notices relating to the same content in a small time frame (Rightscorp is known to do this) but the risk is still there. Verizon, it seems, can suspend accounts quite easily.

“So lately I’ve been getting more and more annoyed with pirating because I get blasted with a webpage telling me my internet is disconnected and that I need to delete the file to reconnect, with the latest one having me actually call Verizon to reconnect,” a subscriber to the service reported earlier this month.

A few days ago, a Time Warner Cable customer reported having to take action after receiving his third warning notice from the ISP.

“So I’ve gotten three notices and after the third one I just went online to my computer and TWC had this page up that told me to stop downloading illegally and I had to click an ‘acknowledge’ button at the bottom of the page to be able to continue to use my internet,” he said.

Also posting this week, another subscriber of an unnamed ISP revealed he’d been disconnected twice in the past year. His comments raise a few questions that keep on coming up in these conversations.

“The first time [I was disconnected] was about a year ago and the next was a few weeks ago. When it happened I was downloading some fairly new movies so I was wondering if they monitor these new movie releases since they are more popular. Also are they monitoring what I am doing since I have been caught?” he asked.

While there is plenty of evidence to suggest that old content is also monitored, there’s little doubt that the fresher the content, the more likely it is to be monitored by copyright holders. If people are downloading a brand new movie, they should expect it to be monitored by someone, somewhere.

The second point, about whether risk increases after being caught already, is an interesting one, for a number of reasons.

Following the BMG v Cox Communication case, there is now a big emphasis on ISPs’ responsibility towards dealing with subscribers who are alleged to be repeat infringers. Anti-piracy outfit Rightscorp was deeply involved in that case and the company has a patent for detecting repeat infringers.

It’s becoming clear that the company actively targets such people in order to assist copyright holders (which now includes the RIAA) in strategic litigation against ISPs, such as Grande Communications, who are claimed to be going soft on repeat infringers.

Overall, however, there’s no evidence that “getting caught” once increases the chances of being caught again, but subscribers should be aware that the Cox case changed the position on the ground. If anecdotal evidence is anything to go by, it now seems that ISPs are tightening the leash on suspected pirates and are more likely to suspend or disconnect them in the face of repeated complaints.

The final question asked by the subscriber who was disconnected twice is a common one among people receiving notices.

“What can I do to continue what we all love doing?” he asked.

Time and time again, on sites like Reddit and other platforms attracting sharers, the response is the same.

“Get a paid VPN. I’m amazed you kept torrenting without protection after having your internet shut off, especially when downloading recent movies,” one such response reads.

Nevertheless, this still fails to help some people fully understand the notices they receive, leaving them worried about what might happen after receiving one. However, the answer is nearly always straightforward.

If the notice says “stop sharing content X”, then recipients should do so, period. And, if the notice doesn’t mention specific legal action, then it’s almost certain that no action is underway. They are called warning notices for a reason.

Also, notice recipients should consider the part where their ISP assures them that their details haven’t been shared with third parties. That is the truth and will remain that way unless subscribers keep ignoring notices. Then there’s a slim chance that a rightsholder will step in to make a noise via a lawyer. At that point, people shouldn’t say they haven’t been warned.

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