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Major Pirate Site Operators’ Sentences Increased on Appeal

vendredi 30 mars 2018 à 11:24

With The Pirate Bay the most famous pirate site in Swedish history still in full swing, a lesser known streaming platform started to gain traction more than half a decade ago.

From humble beginnings, Swefilmer eventually grew to become Sweden’s most popular movie and TV show streaming site. At one stage it was credited alongside another streaming portal for serving up to 25% of all online video streaming in Sweden.

But in 2015, everything came crashing down. An operator of the site in his early twenties was raided by local police and arrested. An older Turkish man, who was accused of receiving donations from users and setting up Swefilmer’s deals with advertisers, was later arrested in Germany.

Their activities between November 2013 and June 2015 landed them an appearance before the Varberg District Court last January, where they were accused of making more than $1.5m in advertising revenue from copyright infringement.

The prosecutor described the site as being like “organized crime”. The then 26-year-old was described as the main player behind the site, with the then 23-year-old playing a much smaller role. The latter received an estimated $4,000 of the proceeds, the former was said to have pocketed more than $1.5m.

As expected, things didn’t go well. The older man, who was described as leading a luxury lifestyle, was convicted of 1,044 breaches of copyright law and serious money laundering offenses. He was sentenced to three years in prison and ordered to forfeit 14,000,000 SEK (US$1.68m).

Due to his minimal role, the younger man was given probation and ordered to complete 120 hours of community service. Speaking with TorrentFreak at the time, the 23-year-old said he was relieved at the relatively light sentence but noted it may not be over yet.

Indeed, as is often the case with these complex copyright prosecutions, the matter found itself at the Court of Appeal of Western Sweden. On Wednesday its decision was handed down and it’s bad news for both men.

“The Court of Appeal, like the District Court, judges the men for breach of copyright law,” the Court said in a statement.

“They are judged to have made more than 1,400 copyrighted films available through the Swefilmer streaming service, without obtaining permission from copyright holders. One of the men is also convicted of gross money laundering because he received revenues from the criminal activity.”

In respect of the now 27-year-old, the Court decided to hand down a much more severe sentence, extending the term of imprisonment from three to four years.

There was some better news in respect of the amount he has to forfeit to the state, however. The District Court set this amount at 14,000,000 SEK (US$1.68m) but the Court of Appeal reduced it to ‘just’ 4,000,000 SEK (US$482,280).

The younger man’s conditional sentence was upheld but community service was replaced with a fine of 10,000 SEK (US$1,200). Also, along with his accomplice, he must now pay significant damages to a Norwegian plaintiff in the case.

“Both men will jointly pay damages of NOK 2.2 million (US$283,000) together with interest to Nordisk Film A / S for copyright infringement in one of the films posted on the website,” the Court writes in its decision.

But even now, the matter may not be closed. Ansgar Firsching, the older man’s lawyer, told SVT that the case could go all the way to the Supreme Court.

“I have informed my client about the content of the judgment and it is highly likely that he will turn to the Supreme Court,” Firsching said.

It appears that the 27-year-old will argue that at the time of the alleged offenses, merely linking to copyrighted content was not a criminal offense but whether this approach will succeed is seriously up for debate.

While linking was previously considered by some to sit in a legal gray area, the District Court drew heavily on the GS Media ruling handed down by the European Court of Justice in September 2016.

In that case, the EU Court found that those who post links to content they do not know is infringing in a non-commercial environment usually don’t commit infringement. The Swefilmer case doesn’t immediately appear to fit either of those parameters.

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

Streaming Joshua v Parker is Illegal But Re-Streaming is the Real Danger

jeudi 29 mars 2018 à 18:18

This Saturday evening, Anthony Joshua and Joseph Parker will string up their gloves and do battle in one of the most important heavyweight bouts of recent times.

Joshua will put an unbeaten professional record and his WBA, IBF and IBO world titles on the line. Parker – also unbeaten professionally – will put his WBO belt up for grabs. It’s a mouthwatering proposition for fight fans everywhere.

While the collision will take place at the Principality Stadium in Cardiff in front of a staggering 80,000 people, millions more will watch the fight in front of the TV at home, having paid Sky Sports Box Office up to £24.95 for the privilege.

Of course, hundreds of thousands won’t pay a penny, instead relying on streams delivered via illicit Kodi addons, Android apps, and IPTV services. While these options are often free, quality and availability on the night is far from guaranteed. Even those paying for premium ‘pirate’ access have been let down at the last minute but in the scheme of things, that’s generally unlikely.

Despite the uncertainty, this morning the Police Intellectual Property Crime Unit and Federation Against Copyright Theft took the unusual step of issuing a joint warning to people thinking of streaming the fight to their homes illegally.

“Consumers need to be aware that streaming without the right permissions or subscriptions is no longer a grey area,” PIPCU and FACT said in a statement.

“In April last year the EU Court of Justice ruled that not only was selling devices allowing access to copyrighted content illegal, but using one to stream TV, sports or films without an official subscription is also breaking the law.”

The decision, which came as part of the BREIN v Filmspeler case, found that obtaining a copyright-protected work “from a website belonging to a third party offering that work without the consent of the copyright holder” was an illegal act.

While watching the fight via illicit streams is undoubtedly illegal, tracking people who simply view content is extremely difficult and there hasn’t been a single prosecution in the UK (or indeed anywhere else that we’re aware of) against anyone doing so.

That being said, those who make content available for others to watch illegally are putting themselves at considerable risk. While professional pirate re-streamers tend to have better security, Joe Public who points his phone at his TV Saturday night to stream the fight on Facebook should take time out to consider his actions.

In January, Sky revealed that 34-year-old Craig Foster had been caught by the company after someone re-streamed the previous year’s Anthony Joshua vs Wladimir Klitschko fight on Facebook Live using Foster’s Sky account.

Foster had paid Sky for the fight but he claims that a friend used his iPad to record the screen and re-stream the fight to Facebook. Sky, almost certainly using tracking watermarks (example below), traced the ‘pirate’ stream back to Foster’s set-top box.

Watermarks during the Mayweather v McGregor fight

The end result was a technical knockout for Sky who suspended Foster’s Sky subscription and then agreed not to launch a lawsuit providing he paid the broadcaster £5,000.

“The public should be aware that misusing their TV subscriptions has serious repercussions,” said PIPCU and FACT referring to the case this morning.

“For example, customers found to be illegally sharing paid-for content can have their subscription account terminated immediately and can expect to be prosecuted and fined.”

While we know for certain this has happened at least once, TorrentFreak contacted FACT this morning for details on how many Sky subscribers have been caught, warned, and/or prosecuted by Sky in this manner. FACT told us they don’t have any figures but offered the following statement from CEO Kieron Sharp.

“Not only is FACT working closely with broadcasters and rights owners to identify the original source of illegally re-streamed content, but with support from law enforcement, government and social media platforms, we are tightening the net on digital piracy,” Sharp said.

Finally, it’s also worth keeping in mind that even when people live-stream an illegal yet non-watermarked stream to Facebook, they can still be traced by Sky.

As revelations this week have shown only too clearly, Facebook knows a staggering amount about its users so tracking an illegal stream back to a person would be child’s play for a determined rightsholder with a court order.

While someone attracting a couple of dozen viewers might not be at a major risk of repercussions, a viral stream might require the use of a calculator to assess the damages claimed by Sky. Like boxing, this kind of piracy is best left to the professionals to avoid painful and unnecessary trauma.

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

UK Urges Online Intermediaries to Tackle Piracy, Or Else

jeudi 29 mars 2018 à 14:20

In recent years the UK Government has been very proactive when it comes to intellectual property enforcement, supporting a broad range of anti-piracy initiatives.

The authorities have also pushed for cooperation between copyright holders and online intermediaries. Last year, this resulted in a ‘landmark’ agreement between the creative industries and search engines, to tackle online piracy.

In a new Industrial Strategy White Paper released this week the Government highlights this deal as a great success. However, it was only the start. More is needed to properly address the piracy problem.

“Online piracy continues to be a serious inhibitor to growth in the creative industries. Technologies like stream ripping and illicit streaming devices enable illegitimate access to content without rewarding its creators.

“Many rights holders are also concerned about how their works are exploited online, especially where they are used without generating substantial returns for content creators,” the Government adds.

The report outlines a broad strategy on how the Government and the creative industries can work together. This includes financial support but also concrete interventions regarding online intermediaries.

As with the search engines before, the Government plans to host a series of roundtables with copyright holders, social media companies, user upload platforms, digital advertising outfits, and online marketplaces. The goal of these meetings is to broker voluntary anti-piracy agreements.

The roundtables will be used to identify any significant piracy problems and develop ‘voluntary’ codes of practice to address these, including upload filters.

“These measures could include proactive steps to detect and remove illegal content, improving the effectiveness of notice and takedown arrangements, reducing incentives for illegal sites to engage in infringement online and reducing the burdens on rights holders in relation to protecting their content,” the Government writes.

While the envisioned codes of conduct are voluntary, the Government notes that if these roundtables fail to produce the desired outcome, new legislation may be put in place.

“[If this] fails to result in the agreement of an effective code by 31 December 2018, government will consider further legislative action to strengthen the UK copyright framework to ensure that the identified problems are addressed.”

This type of warning is not new. The UK Government used similar language when it tried to convince search engines to reach a voluntary anti-piracy agreement with copyright holders. This eventually paid off.

In addition to brokering voluntary codes, the UK Government says it will also continue to address the so-called “value gap” in both the UK and Europe.

At the same time, the Government also renewed its support for the ‘Get it Right’ campaign. It will make an additional £2 million available which, among other things, will be used to educate consumers on the dangers of copyright infringement and warn pirating subscribers.

The UK Government hopes that these and other incentives will eventually help the creative industry to flourish, so it created new jobs and benefit the UK economy as a whole.

“Together we can build on the UK’s position as a global leader and strengthen its advantage as a creative nation by increasing the number of opportunities and jobs in the creative industries across the country, improving their productivity, and enabling us to greatly expand our trading ambitions abroad.”

A copy of the white paper “Industrial Strategy: building a Britain fit for the future” is available here.

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

Roku Removes USTVnow Service Following “3rd Party” Copyright Complaint

jeudi 29 mars 2018 à 01:55

Earlier this week, customers of the popular Roku streaming media player began complaining about a problem with the product, specifically in connection with USTVnow.

USTVnow promotes itself as a service targeted at American expats and the military, offering “a wide range of live American channels to watch on their computer, mobile device or television.”

Indeed, USTVnow offers a fairly comprehensive service, with eight channels (including ABC and FOX) on its free tier and 24 channels on its premium $29.00 per month package.

USTVnow’s top package

Having USTVnow available via Roku helps to spread the free tier and drive business to the paid tier but, as of this week, that’s stopped happening. USTVnow has been completely removed from the Roku platform, much to the disappointment of customers.

“I spoke to Roku support and [they told me] that USTVNOW is no longer available for Roku at this time,” a user in Roku’s forums complained.

In response, a Roku engineer said that “Roku has been asked to remove this channel by the content rights owner”, which was as confusing as it was informative.

USTVnow endorses the Roku product, actively promotes it on the front page of its site, and provides helpful setup guides.

So, in an effort to get to the bottom of the problem, TorrentFreak contacted Roku, asking for details. The company responded quickly.

“Yes, that is correct, the channel was removed from our platform,” Roku spokesperson Tricia Misfud confirmed.

“When we receive a notice regarding copyright infringement we are swift to review which in this case resulted in us removing the channel.”

Roku pointed us to its copyright infringement page which details its policies and actions when a complaint is received. However, that didn’t really help to answer why it would remove USTVnow when USTVnow promotes the Roku service.

So we asked Roku again to elaborate on who filed the notice and on what grounds.

“The notice was in regards to the copyright of the content,” came the response.

While not exactly clear, this suggested that USTVnow wasn’t the problem but someone else. Was it a third-party perhaps? If so, who, and what was the content being complained about?

“It was from a third party,” came the vague response.

With USTVnow completely unavailable via Roku, there are some pretty annoyed customers out there. However, it seems clear that at least for now, the company either can’t or won’t reveal the precise details of the complaint.

It could conceivably be from one of the major channels offered in the USTVnow package but equally, it could be a DMCA notice from a movie or TV show copyright holder who objects to their content being distributed on the device, or even USTVnow itself.

USTVnow has a deal with Nittany Media to provide streaming services based on Nittany’s product but there is always a potential for a licensing problem somewhere, potentially big ones too.

We’ll update this article if and when more information becomes available.

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

Google Adds ‘Kodi’ to Autocomplete Piracy Filter

mercredi 28 mars 2018 à 19:33

In recent years entertainment industry groups have repeatedly urged Google to ramp up its anti-piracy efforts.

These remarks haven’t fallen on deaf ears and Google has made several changes to its search algorithms to make copyright-infringing material less visible.

The company demotes results from domain names for which it receives many DMCA takedown notices, for example, and it has also removed several piracy-related terms from its autocomplete feature.

The latter means that when one types “pirate ba” it won’t suggest pirate bay. Instead, people see “pirate bays” or “pirate books” as suggestions. Whether that’s very effective is up for debate, but it’s intentional.

“Google has taken steps to prevent terms closely associated with piracy from appearing in Autocomplete and Related Search,” the company previously explained.

“This is similar to the approach we have taken for a narrow class of terms related to pornography, violence, and hate speech.”

When the piracy filter was first implemented, several seemingly neutral terms such as BitTorrent and uTorrent were also targeted. While these were later reinstated, we recently noticed another autocomplete ban that’s rather broad.

It turns out that Google has recently removed the term “Kodi” from its autocomplete results. While Kodi can be abused through pirate add-ons, the media player software itself is perfectly legal, which makes it an odd decision.

Users who type in “Kod” get a list of suggestions including “Kodak” and “Kodiak,” but not the much more popular search term Kodi.

Kodiak?

Similarly, when typing “addons for k” Google suggests addons for Kokotime and Krypton 17.6. While the latter is a Kodi version, the name of the media player itself doesn’t come up as a suggestion.

Once users type the full Kodi term and add a space, plenty of suggestions suddenly appear, which is similar to other banned terms.

Kokotime

Ironically enough, the Kokotime app is frequently used by pirates as well. Also, the names of all of the pirate Kodi addons we checked still show up fine in the autosuggest feature.

Unfortunately, Google doesn’t document its autocomplete removal decisions, nor does it publish the full list of banned words. However, the search engine confirms that Kodi’s piracy stigma is to blame here.

“Since 2011, we have been filtering certain terms closely associated with copyright infringement from Google Autocomplete. This action is consistent with that long-standing strategy,” a spokesperson told us.

The Kodi team, operated by the XBMC Foundation, is disappointed with the decision and points out that their software does not cross any lines.

“We are surprised and disappointed to discover Kodi has been removed from autocomplete, as Kodi is perfectly legal open source software,” XBMC Foundation President Nathan Betzen told us.

The Kodi team has been actively trying to distance itself from pirate elements. They enforce their trademark against sellers of pirate boxes and are in good contact with Hollywood’s industry group, the MPAA.

“We have a professional relationship with the MPAA, who have specifically made clear in the past their own position that Kodi is legal software,” Betzen notes.

“We hope Google will reconsider this decision in the future, or at a minimum limit their removal to search terms where the legality is actually in dispute.”

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