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Music, Publishing and Sports Industries Back Canada’s Pirate Site Blockades

jeudi 14 mai 2020 à 12:57

canada flagTwo years ago, Canadian broadcasting giants Groupe TVA, Bell, and Rogers took the relatively small pirate IPTV service GoldTV to court.

What started as a straightforward copyright lawsuit soon became much more than that. With the pirate site not responding, the rightsholders requested an injunction requiring local ISPs to block the service.

Fast forward a few months and Canada became the first North American country to implement a court-ordered Internet provider blockade of a pirate site.

This was a big win for the three companies whose plan for a Government-sanctioned pirate site blocking scheme was previously denied. And, given the interest in site-blocking orders around the world, it was likely just the start.

While most ISPs accepted the order without protest, TekSavvy appealed. This appeal is ongoing and has gained the interest of many copyright groups, which would all like to have their say in court.

Last week, several companies and groups representing the music industry, publishers, and sports organizations, asked the Federal Court of Appeal to have their say in the matter. As so-called intervenors, they plan to stress the importance of pirate site-blocking.

The first filing comes from the International Confederation of Music Publishers (ICMP), Music Canada, and IFPI. They inform the court that their opinion should be heard as they have vast experience with anti-piracy measures, which they believe are vital to the survival of the music industry.

The music organizations inform the court that they have “significant international experience” when it comes to “effective enforcement” against Internet piracy. This includes site-blocking efforts in other countries.

In addition, they argue that they have a good understanding of the broader implications of these anti-piracy measures, which can guide the Federal Court of Appeal to make the right decision.

“[A]s representatives of the music industry, which has long been at the forefront of the battle against online copyright piracy, the Music Industry Associations seek to assist the Court in understanding the broader impacts of its decision across the cultural industries,” their submission reads.

The second motion to intervene comes from a broader group of rightsholders. This includes several publisher groups, such as the International Publishers Association, and sports companies, including the Premier League and streaming service DAZN.

screenshot from the publishing and sports organizations' motion to intervene in the site blocking appeal

Similar to the music industry, the groups offer to bring their own unique perspective to the table. They argue that their respective industries are harmed by piracy and see site-blocking as a prime tool to limit the effects.

The groups don’t agree with Teksavvy’s argument that blockades violate freedom of speech values or rights and would like to present their own argument in court.

In addition, they also counter similar arguments from United Nations Special Rapporteur David Kaye, who previously warned that website blocking is an extreme measure that could restrict people’s freedom of expression.

“The United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression analysis is flawed, is inconsistent with the international jurisprudence, and should not be relied on by this Court,” the publishing and sports groups write.

In their motion, the groups acknowledge that any site-blocking decision should balance the interests of copyright holders, ISPs and internet users. However, they believe that the scale clearly tips in their favor.

The Federal Court of Appeal will now review the motions to see if the music industry, publishing and sports organizations can have their say in court. If anything, this broad interest shows that if Teksavvy loses the appeal, many more site-blocking applications are expected to come in.

A copy of the motion from the music groups is available here (pdf) and a copy of the publishers and sports groups submissions can be found here (pdf).

From: TF, for the latest news on copyright battles, torrent sites and more. We also help you to find the best anonymous VPN.

Takedown Notices From Netflix are Skyrocketing, But Are They Legit?

mercredi 13 mai 2020 à 22:43

When Netflix had just started offering online video content years ago, piracy wasn’t seen as a major threat.

This changed when the streaming platform transformed itself into one of the biggest content producers, offering a wide variety of exclusive content.

Adapting to this changed reality, the company started working with third-party companies to issue takedown requests. Soon after, it also launched an in-house anti-piracy team and joined several copyright protection groups, including the MPA.

Today, Netflix is a major player in the anti-piracy scene. The company is involved in a wide variety of enforcement efforts, ranging from cease-and-desist letters and lawsuits to DMCA takedown notices.

In the latter category, we noticed an unusual change over the past few weeks. The number of takedown notices Netflix is sending to Google has skyrocketed.

The streaming service started sending these notices in 2016 and over the years averaged roughly 20,000 requests per week, which is fairly normal for a company of its size. However, over the past few weeks his number went up and up, reaching more than half a million reported URLs last week.

The graph below clearly shows a drastic increase towards the end. The first peak this year came in mid-March when 127,000 URLs were reported, a sixfold increase compared to previous weeks. This figure increased to 153,000 then 260,000 and after a temporary dip, went all the way up to 622,000.

It’s unclear what’s behind this 3000% increase in just a few months. Looking more closely at the targeted sites we see that French pirate streaming sites are among the major targets.

For example, Netflix reported more than 100,000 URLs from serie-streaming.net during the first week of May. This is more than half of the total number of links that were ever reported from the site. We see similar spikes with other domains, including hdpstream.la, ds-streamingvf.com, and voirseriestreaming.com.

We asked Netflix for a comment on these increased enforcement measures but, at the time of writing, we have yet to hear back. One possible explanation could be that the company is ramping up its efforts as traffic to pirate streaming sites has increased during the coronavirus pandemic.

That said, there is another viable option as well. In theory, these notices may have been sent by a competing pirate site masquerading as Netflix. We have seen similar abuses in the past, where pirate sites exploit the DMCA to downrank competitors in Google’s search results.

The latter theory is not unlikely. The recent notices seem to generate hundreds of separate “reporter” accounts in Google’s transparency report, which we have also seen in similar abuse cases. Also, they target content that’s not available on Netflix, including Disney’s The Mandalorian and HBO’s Westworld.

On top of that, the requests aren’t phrased in proper English either. “All works on this website is copyrighted for netflix and this website not allowed to share this content,” one reads.

Without an official comment from Netflix, that’s just speculation. But, what we do know is that Google hasn’t flagged any of the submissions as suspect and has removed many of the reported URLs. So whether they are legit or not, the notices have definitely had a major impact on the targeted sites.

From: TF, for the latest news on copyright battles, torrent sites and more. We also help you to find the best anonymous VPN.

Movie & TV Giants Obtain Court Injunction to Shut Down Nitro TV

mercredi 13 mai 2020 à 11:04

Last month several major movie and TV show companies filed a copyright infringement lawsuit against Alejandro Galindo, the alleged operator of unlicensed IPTV provider Nitro TV, and 20 additional ‘Doe’ defendants.

Owned by Columbia, Amazon, Disney, Paramount, Warner, and Universal, the companies alleged that Nitro TV offers subscription packages consisting of thousands of “live and title-curated television channels” available twenty-four hours a day, seven days a week, throughout the United States and abroad.

Of particular interest to the entertainment companies were Nitro TV’s ’24/7′ channels and VOD service, consisting of movies and TV shows that, according to the lawsuit, could only function if their content had been unlawfully copied in advance. These included movies and TV shows including The Office, Spider-Man: Homecoming, Toy Story 3, Star Trek Beyond, Homecoming and Joker.

Citing the ‘unfair competition’ presented by Nitro’s service, the companies’ complaint alleged willful direct copyright infringement and in the event Nitro claimed that third-parties streamed the content, contributory copyright infringement, with each offense carrying maximum statutory damages of $150,000 per infringed work.

In common with most lawsuits of this type, the companies demanded preliminary and permanent injunctions not only against all of the defendants but also third-party companies acting in concert with them, such as domain registrars.

In an April 23 filing, Galindo filed a notice of non-opposition to the plaintiffs’ motion for a preliminary injunction but according to court records, did not shut down the Nitro TV service. This claim appears to be supported by numerous videos on YouTube discussing whether customers should ditch the service as soon as possible due to the lawsuit, despite it continuing to operate.

District Court Judge Stephen V. Wilson was tasked with deciding whether in advance of a trial, Nitro TV should be shut down. In an injunction handed down Monday, he sided with the entertainment companies.

“As copyright holders, Plaintiffs have the exclusive right to publicly perform the Copyrighted Works. 17 U.S.C. § 106(4),” his order reads.

“The internet streaming of full copyrighted works without authorization constitutes a violation of this exclusive right. By streaming the Copyrighted Works on Nitro TV without authorization, Defendant likely violates this exclusive right.

“Accordingly, Plaintiffs are likely to be successful on their copyright claims. Because Plaintiffs have successfully established a likelihood of success on their direct infringement claims, the Court does not reach Plaintiffs’ secondary infringement claims.”

Despite concluding that the plaintiffs are likely to be successful in their copyright infringement claims against Nitro TV, Judge Wilson notes that he was required to consider whether, in the absence of an injunction, the plaintiffs would suffer “irreparable” injury. He decided that would indeed be the case.

“Plaintiffs have shown they are likely to be irreparably harmed by the continued infringement of their copyrights. Due to the diffuse nature of streaming services, it will be difficult for Plaintiffs to discern the full extent of Defendant’s copyright violations,” he writes.

“Not only is Defendant directly infringing Plaintiffs’ copyrights, creating a financial loss to Plaintiffs, but Plaintiffs have provided evidence that the unlawfully distributed Copyrighted Works may undermine the value of Plaintiffs’ legitimate licenses. This could also lead to unquantifiable customer confusion and an overall diminution of value of the Copyrighted Works.”

Given that preliminary injunctions can have an effect on all parties in a dispute, the Judge also considered whether damage could be caused to Nitro. He found that since the operator of the service had not disputed he was infringing the entertainment companies’ rights and that illegal conduct does not merit “significant equitable protection”, no injury would be suffered by Nitro TV.

“The balance of the equities tips strongly in Plaintiffs’ favor,” his order reads.

Finally, the Judge considered whether a preliminary injunction would be in the public interest. Similarly, he found in the plaintiffs’ favor, noting that Nitro TV had offered no evidence to counter the claim that its alleged copyright infringements offered no lawful benefit to the public.

The preliminary injunction handed down Monday requires that Galindo and all individuals acting in concert, participation, or in privity with him in connection with his alleged activities, must immediately cease all direct and secondary copyright infringement related to the plaintiffs’ copyrighted works, including all public performances and reproduction.

In response to requests in the original complaint, the Judge specifically ordered Namecheap and Domain.com, the domain registrars for Tekkhosting.com and NitroIPTV.com respectively, to prevent the domains from being modified, sold, transferred or deleted.

Alongside an instruction for the domains to be disabled, the Judge ordered that current WHOIS information must be preserved alongside all evidence related to the domains’ ownership.

The preliminary injunction can be obtained here (pdf)

From: TF, for the latest news on copyright battles, torrent sites and more. We also help you to find the best anonymous VPN.

‘Viral’ Pirate Site Nites.tv is Back From the Dead Following ACE Seizure

mardi 12 mai 2020 à 19:08

If there’s one thing that movie and TV show companies hate more than regular pirate streaming services, it’s pirate streaming services that look and feel like the real deal.

Popcorn Time was arguably the first mainstream entrant to this niche but, over the past six years, there have been many pretenders to the throne. Nites.tv certainly fell into that category and then some.

Appearing seemingly out of nowhere just a few short months ago, Nites.tv gained significant traction with an unusually polished interface that in presentation terms certainly gave Netflix a run for its money. But then, just as the site was beginning to soar, a major setback became apparent.

Around April 19, Nites.tv suddenly disappeared and was replaced by the familiar ‘seizure’ notice of the Alliance for Creativity and Entertainment (ACE), the global anti-piracy coalition that has taken down dozens of piracy-related domains during the past couple of years.

Two days later Nites.tv made an announcement via Twitter, declaring that since it took “copyright violations very seriously” and intended to “vigorously protect the rights of legal copyright owners”, it would be shutting down. By early May the circle was complete when its domains were officially taken over by the Motion Picture Association (MPA).

At that point, it seemed unlikely that we would be writing about Nites again. But, today, we have news that can be firmly filed under the “ACE isn’t going to like this” category.

Nites.tv appears to be back in full effect under a new domain, Nites.is, and as the image below shows, the reincarnation is indistinguishable from the original.

The new Nites.is domain was registered on April 23, just days after the original domain first displayed signs of conflict with the dozens of entertainment industry giants that make up ACE. It was registered with Pirate Bay co-founder Peter Sunde’s Njalla privacy service, meaning that it won’t be easy to find out who is behind it, a big plus for whoever’s at the helm.

There’s little doubt that ACE will now seek to take the site down and there is no shortage of reasons for that. Putting the obvious embarrassment aside for a moment, with its tight interface, video previews, and even a Netflix-like “+MY LIST” feature, Nites.is is an unusually glossy platform with a number of interesting features behind the scenes.

Aside from streaming the latest movies and TV shows from direct hosting sources in both 720 and 1080 qualities, the site provides movie trailers for those undecided on what to watch next and even provides torrent download links culled from popular torrent index YTS. It also has other BitTorrent technologies quietly waiting under the hood including Webtorrent tracker OpenWebTorrent and Webtorrent client βtorrent.

The only thing the new site doesn’t have at the moment is a new logo but the text “Nites is Back” on some open tabs is a clear statement that Nites.is aims to pick up where Nites.tv left off.

The big question now, however, is how long it will last.

From: TF, for the latest news on copyright battles, torrent sites and more. We also help you to find the best anonymous VPN.

‘Come Over’ Lets You Stream Videos Together with Friends Through BitTorrent

mardi 12 mai 2020 à 09:50

The coronavirus pandemic has severely impacted the lives of hundreds of millions of people around the world.

Health concerns obviously have priority at the moment, but in many cases that comes at the expense of social interaction.

A few months ago, people could still go to a concert, a sporting event, a movie theater, or organize a barbecue with friends. Today, these types of mass interactions are discouraged or even forbidden.

Luckily, there are options to connect remotely, both in text and through specialized video apps. Those who want to watch Netflix with friends can use “Netflix Party,” for example. “TwoSeven” does the same and also supports other platforms including Amazon, HBO Now, and YouTube.

But outside of the main video services, things get tricky. Watching that video compilation you made of last year’s party or vacation, for example. Luckily, the torrent-powered service “Come Over” can do exactly that. And you don’t have to sign up for anything either.

With Come Over you simply select a video from your computer. The service then returns a link, which can be shared with anyone who’s invited. When everyone’s present, the host can start the video and it will play everywhere at the same time, from a regular web browser.

To add an extra layer of social interaction, the site has a built-in chat functionality. This allows viewers to comment and interact while the video is playing.

The beauty of it all is that the site itself doesn’t store any video. Instead, Come Over uses WebRTC, which allows browsers to communicate directly. WebTorrent is built on top of that, which coordinates the video streaming part.

TorrentFreak spoke to Luc, the creator of Come Over, who informs us that he wanted to make a peer-to-peer video streaming service. This is ideal for a hobby project, as there are barely any costs involved. All the streaming is done by users. And it’s not only cost-effective but also very useful.

“I spend a lot of time online with friends from the internet and Come Over came to me as something that could be really useful, also for myself,” Luc tells us.

The developer initially wanted to use the InterPlanetary File System (IPFS), which is also P2P-based. However, when he soon became aware of WebTorrent and this turned out to be an even better match.

“When I started to build the website, I stumbled upon WebTorrent, which is way more simple and targeted for my use case,” Luc says.

The end result is a service where users can stream videos to anyone in just a few clicks and without the need to create torrents or having to wait until an upload is finished.

Come Over is a hobby project and Luc doesn’t have the time to work on it around the clock. In the future, however, he hopes to make it even more decentralized. For example, the site currently relies on a ‘hub’ to post torrent tracker details which he plans to embed in the URL in the future.

TorrentFreak tested Come Over by streaming a copy of the TPB AFK documentary, which worked. However, the service is not without limitations. The users obviously need plenty of bandwidth and Luc says that there are other bugs as well.

Perhaps people shouldn’t rely on it without proper testing, but as a demonstration of a simple torrent-powered streaming service, it certainly works.

From: TF, for the latest news on copyright battles, torrent sites and more. We also help you to find the best anonymous VPN.