Alongside other entertainment industry groups, the Motion Picture Association (MPA) sends a yearly overview of notorious foreign piracy markets to the US Trade Representative.

These annual submissions help to guide the U.S. Government’s position toward foreign countries when it comes to copyright enforcement.

We previously covered the submissions from the RIAA and ESA, which both listed a wide variety of pirate sites including torrent, streaming, MP3-downloaders, and ROM archives.

The MPA’s submission was published later than the others but is worth highlighting nonetheless. In recent years it has solely focused on online threats with familiar names such as The Pirate Bay, Openload, and Fmovies reappearing time and again.

This year is no different. Many of the threats the MPA highlights are identical to last year. Aside from traditional pirate sites, this includes mobile apps, unauthorized IPTV services, and hosting companies. While not a foreign company, CDN provider Cloudflare is repeatedly mentioned as well, as it has many piracy sites as customers.

“The Pirate Bay, and other notorious pirate sites, remain Cloudflare customers despite repeated notices of infringement to Cloudflare,” the MPA notes.

A complete list of all the identified notorious markets is listed below, but we will zoom in on two entities added as new entries this year.

The first one is 1XBET, a gambling company known for its advertising appearing in ‘cam’ copies of movies. The casino, whose ads appear on more than a thousand pirate sites, is well known among people who frequent these platforms. Now, it’s on the MPA’s radar as well.

“1XBET is a Russian gambling site that has started to support some of the
earliest releases of infringing theatrical camcords and infringing streams of live television broadcasts. It has become the third most active online advertiser in Russia,” the MPA informs the USTR.

The MPA’s report cites research from Mediascope which found that only Google and PepsiCo ads are more prevalent online in Russia. While that covers all publications, the movie industry group draws specific attention to the embedded ads that appear in popular pirate movie releases as well as their titles.

“Reportedly, the online casino pays to insert visual and audio advertisements into new piracy content sources incentivizing camcord and livestreaming piracy. 1XBET’s watermark with promotion codes is ‘burned’ into the video files of infringing camcord recordings. Thus, piracy is used as a vehicle to support this online gambling giant,” the MPA notes.

What’s not mentioned by the MPA is that 1XBET also sponsored several major UK football clubs and Italian football league Serie A. Responding to some earlier controversy, a 1XBET spokesperson said that it takes the piracy advertising allegations very seriously.

Another newcomer in the MPA’s list of notorious markets is Baidu Pan, the file-hosting service operated by the largest search engine in China. According to the movie industry group, it’s often used to share copyright-infringing material.

“Large quantities of infringing content are stored on Baidu Pan with
links disseminated through popular Chinese social media platforms and piracy linking sites,” the MPA writes in its submission.

The MPA points out that Baidu has a market share of over 75 percent in China, which makes it the second-largest search engine in the world. As such, it is vitally important that the company has rigorous content protection standards and that it cooperates with rightsholders, the group notes.

Baidu has made some progress in recent years when it comes to its takedown tools, but takedown rates and timeframes remain inconsistent or too long, the MPA says.

“Baidu should be encouraged to do more, including improve implementation of its takedown tools, apply rigorous filtering technology to identify infringing content, and take more effective action to suspend or terminate repeat infringers to ensure all rights holders are treated equally and infringing content and links are removed expeditiously,” the submission reads.

The MPA hopes that its recommendations will be helpful to the US Government, but whether adding 1XBET and Baidu Pan will have any effect has yet to be seen.

The MPA’s full report is available here (pdf). The USTR will use this input to make up its own list of notorious markets. This will help to identify current threats and call on foreign governments to take appropriate action.

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List of all the sites and services the MPAA identified as notorious markets.

Linking / Streaming

• B9good.com
• CB01
• Cda.pl
• Cimaclub.com & cima4u.tv
• Cinecalidad.to
• Dytt8.net and Dy2018.com
• Fmovies.is/.to (formerly .se)
• “Indo 21” (Indoxxi) and many related domains
• Movie2free.com
• MrPiracy.site and .xyz
• Phimmoi.net
• Seasonvar.ru

Cyberlockers / video hosting

• 1fichier.com
• Baidu Pan
• Clipwatching.com
• Gounlimited.to
• Netu.tv
• Openload.co/oload.tv
• Rapidgator.net
• Rapidvideo.com
• Streamango.com
• Uploaded.net
• Uptobox.com
• Verystream.com
• VK.com

Illegal IPTV

• BestBuyIPTV.com
• Buy-IPTV.com
• GenIPTV
• ThePK.tv
• TVMucho.com

Apps

• RenRen Shi Pin
• ShowBox
• Unblock Tech (unblocktech.com)

P2P sites

• 1337x.to
• Rarbg.to
• Rutracker.org
• Tamilrockers.ws
• ThePirateBay.org
• Torrentz2.eu
• Zooqle.com

Hosting services

• Fishnet Communications LLC
• M247
• Network Dedicated SAS
• Private Layer

Advertising

• 1XBET
  

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If the figures that were cited following the recent international police operation against Xtream Codes are any yardstick, providers and sellers of ‘pirate’ IPTV providers currently number in their thousands.

While there are relatively few sources at the very top of the pyramid, there could be in excess of 5,000 players selling IPTV subscriptions to the public, which by recent estimates could dwarf even the five million accounts cited by the authorities.

In common with the task of removing every torrent, streaming and similar site from the Internet, the possibility of handing a death blow to the entire IPTV industry seems a distant dream for content providers. But that doesn’t mean incremental efforts aren’t underway.

As previously documented, the massive Alliance for Creativity and Entertainment, which comprises dozens of the world’s largest content companies, is quietly taking down sellers and providers of IPTV. Today we can reveal that another four have had their domains commandeered by MPA America, the organization previously known as the MPAA.

VStreamTV.com first appeared to gain traction back in 2015, selling an inconspicuous set-top box to the public. Promising no contract and no monthly fees, the $349 device boasted 100,000 movies and TV shows, plus 1,000 channels of live entertainment.

By 2019, the site was offering its latest ‘VS4+’ device, promising unlimited entertainment to customers looking to permanently cut the cord. Then, a few weeks ago, it all came to an end. The site shut down without notice after its domain was taken over by the MPA. Like many before it, it now directs to the anti-piracy portal operated by ACE.

According to web records, MaxTVLive.com only appeared on the scene in 2018. Among other things, the site seems to have offered a custom Android APK to be installed on users’ own devices. For the price of $25 per month, Max TV users could enjoy live TV and other content on a single device, with extra devices costing an extra $5 per month.

However in common with VStreamTV, a few weeks ago the party came to an abrupt end. It seems likely that ACE came knocking with demands to shut down the business as the service’s website is now owned by the MPA and redirects to the ACE portal.

What ultimately happened with MyIQXTV.com isn’t in question – it was taken over by the MPA and now redirects to the ACE portal. We weren’t able to recover a copy of the operation’s website but if it was in any way connected to the IXQtv service (note subtle difference in spelling), it’s no surprise it appeared on the MPA/ACE radar.

IXQtv shut down August 1st and was no ordinary operation. While many IPTV providers operate via resellers, IXQtv operated a ridiculously full-blown multi-level-marketing (MLM) scheme which paid affiliates not only on sales of streaming packages but also commissions for recruiting yet more affiliates. Think Amway for IPTV.

Finally, the obviously-named JailbrokenBlackBox.co takes last place on today’s update of recent domain takeovers. Information on precisely what packages, services or tools the site offered isn’t clear but like the others, it clearly attracted the negative attention of the world’s biggest entertainment companies.

Details of earlier domain takeovers carried out by ACE and the MPA against IPTV-related operations can be found here (1,2,3,4)

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Piracy statistics can be tricky. Trends often go in different directions, depending on the region, the type of media, as well as the research timeframe.

One of the most elaborate datasets collected in recent years comes from the University of Amsterdam.

Among other things, it suggested that legal options are a better way to beat piracy than enforcement.

The underlying data forms the basis of a new research article where two nearly identical piracy surveys from 2012 and 2017 were compared. This allowed the researchers to look at changes in media consumption and piracy habits among the Dutch public over the years.

The respondents were asked about both legal and unauthorized consumption of music, movies and TV, games, and books. One of the overall findings was that between 2012 and 2017 the interest in physical goods plummeted.

For example, the number of people who bought physical music carriers was slashed in half to 20% and for movies/TV the decline was even more pronounced, falling from 45% to 20%. Physical books saw the smallest drop, with 60% still buying real books, down from 69%.

This trend coincides with a massive boost in digital sales. The number of people who bought digital entertainment increased across all categories, nearly tripling for movies and TV, which is likely due to Netflix. That’s a positive sign for the entertainment industries, which is also reflected in the piracy frequencies.

The survey found that the percentage of people who still download or stream content from unauthorized sources decreased for nearly every category. This effect is most significant for music and games, while movie and TV piracy remained relatively stable.

The only category for which the piracy rate went up was Ebooks. Between 2012 and 2017 the number of Ebook pirates increased from 6.3% to 7.7%, which is marginally significant.

According to the researchers, this shows that these book pirates are missing something in the current legal offering. A good subscription service for example, where people can access an unlimited number of books for a fixed price.

“Looking at the other markets, access-based subscriptions appear to be the most promising, where a large increase in the number of transactions compensates a lower average return per transaction,” the researchers write.

While not mentioned in the article, the massive increase in Ebook consumers may also play a role in the increased piracy rate. The number of people who bought Ebooks, and thus have e-readers, increased by 80% between 2012 and 2017.

Part of this new e-reader userbase apparently showed an interest in pirated books as well, which likely impacted the piracy rate. With that in mind, the piracy increase is relatively modest.

The research also looked at various pirate demographics and how these changed over time. This shows that between 2012 and 2017, women started to pirate more books and fewer games and music. These changes are more pronounced than for men.

In addition, the data reveal that, overall, less educated people pirate less. This is the case across all categories but the biggest difference can be found in the books category.

If anything, the findings show that generic statements about piracy rates and the average pirate are relatively meaningless. It is the finer detail that helps us to understand what’s really happening.

The present survey data shows that physical media is quickly losing popularity as more people consume legal content digitally. At the same time, piracy rates are dropping significantly for music and games, at least in the Netherlands, while Ebook piracy slowly increases.

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A copy of the paper (in Dutch) titled “Polderpiraten voor anker” written by Joost Poort, Martin van der Ende, and Anastasia Yagafarova is available here.

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The Free Software Foundation’s Defective by Design campaign International Day Against Digital Restrictions Management is here again.

It’s been 12 months since the campaign celebrated the 12th anniversary of its quest to prompt, pressure and prevent companies from restricting what we can do with legitimately bought content and products.

This year the main focus is perhaps the noblest to date – the right to an education.

“Defective by Design is calling on you to stand up against Digital Restrictions Management (DRM) on the International Day Against DRM (IDAD) on October 12th, 2019,” the campaign site reads.

“This year we will be focusing specifically on everyone’s right to read, particularly by urging publishers to free students and educators from the unnecessary and cumbersome restrictions that make their access to necessary course materials far more difficult.”

The campaign homes-in on publishers including Pearson, which individually stands accused of placing “digital handcuffs” on students with a “Netflix-like” textbook model that requires constant Internet connections to validate purchases, limits how many pages of a title that can be read at a time, and monitors reading habits.

Defective By Design wants publishers to remove every piece of DRM from their educational materials, a lofty but particularly noble aim. There can be few students or educators out there who still believe that locking up papers, studies and similar material is the best way to impart knowledge and as a result, improve society.

Only time will tell whether that particular quest will bear fruit but reading the campaign’s notes one can’t help but feel there’s a mountain to climb in respect of the broader picture. While those with plenty of energy are invited to join in the chorus or even stage their own events, the section detailing how people can offer basic support is unintentionally depressing.

“The easiest way to participate is to join us in going a Day Without DRM, and resolve to spend an entire day (or longer!) without Netflix, Hulu, and other restricted services to show your support of the movement,” it reads.

“Document your experiences on social media using the tags ‘#idad’ or ‘#dbd,’ and let us know at info@defectivebydesign.org if you have a special story you’d like us to share.”

While a day without Netflix should be achievable, the site lists plenty of other companies that should be avoided, if one wants to seriously protest the spread of DRM. Doing without all of them will be a herculean task for any digital native.

For example, the black hole left by Netflix abstinence cannot be filled by listening to Spotify or Amazon Music, which are labeled by the campaign as “worst offenders” when it comes to DRM. Even with the benefit of music-free silence, people are encouraged not to use Amazon’s Kindle either.

It’s at this point you begin to realize how deeply entrenched DRM is and how difficult it will be to extract ourselves from it. The situation is further compounded when the list reveals that we should avoid using an iPad or indeed any Apple or Microsoft products.

Considering most desktop users are running Windows and millions of mobile users are Apple-based, spreading the hashtags ‘#idad’ or ‘#dbd’ on social media while strictly following the “boycott if possible” rules could rule out millions of participants. That is not what is needed today but so compromises will have to be made.

The moderately good news is that Android isn’t on the list as a “worst offender” but unfortunately it still incorporates DRM. And its developer, Google, has a page all of its own on the Defective By Design site, called out for being a promoter of DRM and for lobbying in favor of restrictive web standards.

We wish the International Day Against Digital Restrictions Management every success because very few people are still fighting this battle and the education element, in particular, is hard to understate. But in a world where profit trumps moral ideals at every turn, this war becomes more difficult to win with every passing year.

And in many cases, it’s arguably our own fault.

Support the 2019 campaign by visiting Defective By Design here

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Last week, US President Donald Trump made headlines when he tweeted a short video meme aimed at discrediting political rival Joe Biden.

It contained a clip of Nickelback’s video ‘Photograph’ which resulted in the tweet being taken down for copyright infringement.

Soon after, a copy of the DMCA notice that caused the takedown was published on the Lumen Database, which revealed that the sender was Warner Music Group. However, TF has learned that wasn’t the only takedown notice to target Trump and his supporters over the now-controversial clip.

Trawling through the latest notices sent to Lumen by Twitter we can see that not only were some of Trump’s closest allies also sent takedowns for copyright infringement, but also that other music companies got in on the act too.

The original complaint against Trump’s account (here) was quickly followed by another against the account of his attorney, Rudy Giuliani. The notice was sent by Nickelback’s management at Union Entertainment Group on behalf of Roadrunner Records, which in turn is owned by Warner.

As the DMCA notice below shows, the cited copyrighted material is “The Master Recording of ‘Photograph’ by Nickelback and the accompanying music video.”

Two other DMCA complaints were also filed at Twitter detailing a pair of allegedly-infringing tweets posted Trump’s son, Donald Trump Jr. and Dan Scavino, the White House Director of Social Media and Assistant to the President.

These were sent on October 3, 2019 by anti-piracy company GrayZone on behalf of Warner Music. In common with the complaint filed against their father’s account, YouTube was cited as the source of the material.

Finally, the second son of Donald Trump, Eric, also received an additional notice from Union Entertainment Group, again on behalf of RoadRunner Records.

While plenty of other people tweeted and retweeted the allegedly-infringing video, a flood of additional takedown notices doesn’t appear to be in the archives at Lumen. That doesn’t mean to say they don’t exist, however, since it’s certainly possible Twitter doesn’t pass everything on.

Interestingly, there is an ongoing debate as to whether the use of the video in the clip was actually fair use, with many Trump supporters claiming that as a parody, it should be protected from takedowns. Countering firmly, former RIAA executive vice president of communications Jonathan Lamy believes otherwise.

“This one was a clear cut no-brainer,” he said on Twitter. “On copyright grounds and also perhaps falsely implied endorsement.”

Since Giuliani also got a notice and presumably a strike against his Twitter account, it would be very interesting if – as an attorney – he decided to send a counter-notification. As fair use battles go it might get a little messy but things are pretty messy already.

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