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EU Content Rules to Improve Access & Reduce Piracy Start April 1

mercredi 28 mars 2018 à 10:07

Any subscriber of a service like Netflix will tell you that where you live can have a big impact on the content made available. Customers in the US enjoy large libraries while less populous countries are treated less well.

For many years and before Netflix largely closed the loophole, customers would bypass these restrictions, using VPNs to trick Netflix into thinking they were elsewhere. Some wouldn’t bother with the complication, choosing to pirate content instead.

But for citizens of the EU, things were even more complex. While the EU mandates free movement of people, the same can’t be said about licensing deals. While a viewer in the Netherlands could begin watching a movie at home, he could travel to France for a weekend break only to find that the content he paid for is not available, or only in French.

Last May, this problem was addressed by the European Parliament with an agreement to introduce new ‘Cross-border portability’ rules that will give citizens the freedom to enjoy their media wherever they are in the EU, without having to resort to piracy or VPNs – if they can find one that still works for any length of time with the service.

Now, almost 11 months on, the rules are about to come into force. From Sunday, content portability in the EU will become a reality.

“Citizens are at the core of all our digital initiatives. As of 1 April, wherever you are traveling to in the EU, you will no longer miss out on your favorite films, TV series, sports broadcasts, games or e-books, that you have digitally subscribed to at home,” European Commission Vice-President Andrus Ansip said in a statement.

“Removing the boundaries that prevented Europeans from traveling with digital media and content subscriptions is yet another success of the Digital Single Market for our citizens, following the effective abolition of roaming charges that consumers all over Europe have enjoyed since June 2017.”

This is how it will work. Consumers in the EU who buy or subscribe to films, sports broadcasts, music, e-books or games in their home Member States will now be able to access this content when they reside temporarily in another EU country.

So, if a person in the UK purchases Netflix to gain access to a TV show to watch in their home country, Netflix will have to add this content to the customer’s library so they can still access it wherever they travel in the EU, regardless of its general availability elsewhere.

“[P]roviders of paid-for online content services (such as online movie, TV or music streaming services) have to provide their subscribers with the same service wherever the subscriber is in the EU,” the Commission explains.

“The service needs to be provided in the same way in other Member States, as in the Member State of residence. So for Netflix for example, you will have access to the same selection (or catalog) anywhere in the EU, if you are temporarily abroad, just as if you were at home.”

The same should hold true for all other digital content. If it’s available at home, it must be made available elsewhere in Europe in order to comply with the regulations. In doing so, providers are allowed some freedom, provided it’s in the customer’s favor. If they want to give customers additional access to full home and overseas catalogs when they’re traveling, for example, that is fine.

There’s also a plus in there for content providers. While a company like Netflix will sometimes acquire rights on a per country basis, when a citizen travels abroad within the EU they will not be required to obtain licenses for those other territories where their subscribers stay temporarily.

There is, however, a question of what “temporarily” means since it’s not tightly defined in the regulations. The term will cover business trips and holidays, for example, but providers will be required to clearly inform their customers of their precise terms and conditions.

Providers will also need to determine a customer’s home country, something that will be established when a customer signs up or renews his contract. This can be achieved in a number of ways, including via payment details, a contract for an Internet or telephone connection, verifying a home address, or using a simple IP address check.

For providers of free online services, which are allowed to choose whether they want to be included in the new rules or not, there are special conditions in place.

“Once they opt-in and allow portability under the Regulation, all rules will apply to them in the same manner as for the paid services. This means that the subscribers will have to log-in to be able to access and use content when temporarily abroad, and service providers will have to verify the Member State of residence of the subscriber,” the Commission explains.

“If providers of free of charge online content services decide to make use of the new portability rules, they are required to inform their subscribers about this decision prior to providing the service. Such information could, for example, be announced on the providers’ websites.”

The good news for consumers is that providers will not be able to charge for offering content portability and if they don’t provide it as required, they’ll be in breach of EU rules. The EU believes that all providers are ready to meet the standard – the public will find out on Sunday.

The new rules can be found here (pdf)

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

GoDaddy Ordered to Suspend Four Music Piracy Domains

mardi 27 mars 2018 à 18:41

There are many methods used by copyright holders and the authorities in their quest to disable access to pirate sites.

Site blocking is one of the most popular but pressure can also be placed on web hosts to prevent them from doing business with questionable resources. A skip from one host to another usually solves the problem, however.

Another option is to target sites’ domains directly, by putting pressure on their registrars. It’s a practice that has famously seen The Pirate Bay burn through numerous domains in recent years, only for it to end up back on its original domain, apparently unscathed. Other sites, it appears, aren’t always so lucky.

As a full member of IFPI, the Peruvian Union of Phonographic Producers (UNIMPRO) protects the rights of record labels and musicians. Like its counterparts all over the world, UNIMPRO has a piracy problem and a complaint filed against four ‘pirate’ sites will now force the world’s largest domain registrar into action.

Mp3Juices-Download-Free.com, Melodiavip.net, Foxmusica.site and Fulltono.me were all music sites offering MP3 content without the copyright holders’ permission. None are currently available but the screenshot below shows how the first platform appeared before it was taken offline.

MP3 Juices Downnload Free

Following a complaint against the sites by UNIMPRO, the Copyright Commission (Comisión de Derecho de Autor) conducted an investigation into the platforms’ activities. The Commission found that the works they facilitated access to infringed copyright. It was also determined that each site generated revenue from advertising.

Given the illegal nature of the sites and the high volume of visitors they attract, the Commission determined that they were causing “irreparable damage” to legitimate copyright holders. Something, therefore, needed to be done.

The action against the sites involved the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi), an autonomous public body of the Peruvian state tasked with handling anti-competitive behavior, unfair competition, and intellectual property matters.

Indecopi HQ

After assessing the evidence, Indecopi, through the Copyright Commission, issued precautionary (interim) measures compelling US-based GoDaddy, the world’s largest domain registrar which handles the domains for all four sites, to suspend them with immediate effect.

“The Copyright Commission of INDECOPI issued four precautionary measures in order that the US company Godaddy.com, LLC (in its capacity as registrar of domain names) suspend the domains of four websites, through which it would have infringed the legislation on Copyright and Related Rights, by making available a large number of musical phonograms without the corresponding authorization, to the detriment of its legitimate owners,” Indecopi said in a statement.

“The suspension was based on the great evidence that was provided by the Commission, on the four websites that infringe copyright, and in the framework of the policy of support for the protection of intellectual property.”

Indecopi says that GoDaddy can file an appeal against the decision. At the time of writing, none of the four domains currently returns a working website.

TorrentFreak has requested a comment from GoDaddy but at the time of publication, we were yet to receive a response.

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

Cloudflare Doesn’t Want Daily Stormer Evidence at Piracy Trial

mardi 27 mars 2018 à 11:53

Last summer Cloudflare CEO Matthew Prince decided to terminate the account of controversial neo-Nazi site Daily Stormer.

“I woke up this morning in a bad mood and decided to kick them off the Internet,” he announced.

It was later explained that the move was meant as an ‘intellectual exercise’ to start a conversation regarding censorship and free speech on the internet. In this respect, it was a success, but the discussion went much further than Prince had intended.

Cloudflare always had a policy not to remove any accounts without a court order, so when this was exceeded, eyebrows were raised. In particular, copyright holders wondered why the company could terminate this account but not those of the most notorious pirate sites.

The Daily Stormer removal also became an issue in the piracy liability case adult entertainment publisher ALS Scan had filed previously. After Cloudflare’s CEO was questioned on the matter, it could now be brought up before a jury during the trial as well.

This is something Cloudflare would like to avoid, it appears. A few days ago the company asked the court to exclude any hate group related evidence or arguments from the trial.

“Cloudflare respectfully asks this Court to exclude any evidence or arguments that ALS intends to offer relating to Cloudflare’s services, including termination or non-termination of services, to hate groups,” the company writes.

“This includes but is not limited to services that Cloudflare historically provided to the Daily Stormer website, and Cloudflare’s decision to terminate services to that website following the tragic events that took place in Charlottesville, Virginia in August 2017.”

No hate groups

ALS previously harped on the fact that the CEO arbitrarily decided to remove one site from the service, while requiring court orders in other instances.

The adult publisher could use the information to argue that Cloudflare can take action against certain websites and that this has a significant impact on their operation.

Cloudflare disagrees. It doesn’t deny that it can terminate accounts but maintains that it can’t “remove” them from the Internet as they are merely hosting a cached version. According to the company, ALS wants to use the issue to cloud the jury’s opinion.

“The apparent reason that ALS seeks to offer is not for its probative value but rather for its distracting emotional impact,” Cloudflare argues.

“Given the strong feelings such evidence would almost certainly arouse among members of the jury, this evidence creates an unwarranted and impermissible risk of unfair prejudice to Cloudflare.”

The CDN provider adds that the Daily Stormer removal had nothing to do with copyright and is therefore irrelevant. The main reason the company decided to terminate the Daily Stormer account was that the site suggested that Cloudflare supported its views.

To prevent any guilt by association or distracting emotional impact, the CDN provider urges the court to prohibit the issue from being raised at trial.

“Cloudflare respectfully requests that the Court grant this motion and enter an order barring ALS from presenting to the jury any evidence regarding Cloudflare’s provision or non-provision of Internet services to “hate” websites such as the Daily Stormer,” the company writes.

Cloudflare’s motion to exclude evidence relating to provision or termination of services to hate groups can be found here (pdf).

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

Spotify’s Two Million Unauthorized Users Hammered Google For Alternatives

lundi 26 mars 2018 à 17:54

It is now common knowledge that Spotify launched its service more than a decade ago with the aim of attracting pirates.

With the disruption of The Pirate Bay ringing in the music industry’s ears, Spotify set out to capture the hearts and minds of music fans, particularly those with an aversion to paying.

Although it is yet to turn a profit, there can be little doubt that Spotify is a rampant success, at least as far as user numbers go. With premium and ad-supported free tiers available, the service is superbly accessible, no matter the depth of one’s pockets.

Naturally, those who pay get a better and smoother service so it’s no surprise that many free tier users aspire to that level of access. But while some pay the extra, others prefer to hack their way to music utopia.

How many people were accessing Spotify’s service using mainly hacked Android APK files has remained a mystery, but late last week, as part of the company’s IPO, Spotify dropped the bombshell.

“On March 21, 2018, we detected instances of approximately two million users as of December 31, 2017, who have been suppressing advertisements without payment,” Spotify wrote.

“We previously included such users in calculations for certain of our key performance indicators, including MAUs [Monthly Active Users], Ad-Supported Users, Content Hours, and Content Hours per MAU.”

Two million users is hardly an insignificant number and it appears Spotify felt the need to disclose them since up to January 1, 2017, the company had been including these users in its accounting. A couple of million users on the free tier is great, but not if they’re riding ad-free and therefore less likely to upgrade to premium, the suggestion goes.

Earlier this month, with its IPO process underway, Spotify clearly had these freeloading users on its mind. As previously reported, the company started to send out emails to people using hacked installation files, largely on Android, putting them on notice that their activities were not going unnoticed.

“We detected abnormal activity on the app you are using so we have disabled it. Don’t worry – your Spotify account is safe,” the email from Spotify said.

“To access your Spotify account, simply uninstall any unauthorized or modified version of Spotify and download and install the Spotify app from the official Google Play Store. If you need more help, please see our support article on Reinstalling Spotify.”

At the time it became apparent that this email had gone out to a large number of people, with significant volumes of users reporting problems with their accounts. It also seemed to target users fairly methodically, in that some countries’ users retained access while others suffered, only to be hit later on as more and more waves were sent out.

As the chart below from Google Trends shows, it appears that Spotify began taking action on March 1, which drove people to start searching for Spotify APK files that were still working.

By March 3, search volumes had doubled on the index and on March 7, Google searches for ‘Spotify APK’ reached a dramatic peak never before witnessed in the history of the search term. That’s quite an achievement given how many people use these pieces of software.

No prizes for guessing when Spotify got tough….

But after a flurry of activity, on March 22 search volumes were back down to March 3 levels, which is quite interesting in itself.

Although various modified APKs are still managing to evade Spotify’s ban, there doesn’t seem to be a dominant modified client proving popular enough to stop hundreds of thousands of people from continuing to search for an APK solution. So, presuming these ‘banned’ people still want the music offered by Spotify, where have they gone?

Aside from those using the APKs that have slipped through the net, reports suggest others have migrated to Deezer downloading solutions, which are also being targeted by Deezer. Others are using tools to convert their Spotify playlists to use with other pirate services or even YouTube.

The big question then is whether hitting the ban button to potentially eject up to two million users has resulted in a net positive for Spotify?

There’s no doubt it lowered the bandwidth bill for the growing company but how many former freeloaders traded the pirate high seas for an ad-supported account or even the premium service? Only Spotify has the numbers, and it won’t be sharing those yet – if ever.

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

Dotcom Wins Privacy Breach Case Against New Zealand Government

lundi 26 mars 2018 à 10:22

Following the Megaupload shutdown and the raid on Kim Dotcom’s mansion, many hours have been spent on the case in courts around the world.

While Dotcom and several of his former colleagues were targeted for alleged copyright crimes, thus far the major battles have been focused on other legal aspects of the case.

In a complaint filed at the Human Rights Tribunal, Dotcom accused the New Zealand Government of improperly withholding information. In 2015 Dotcom asked 28 ministers and several government departments to disclose information they held on him, without result.

The requests were labeled as “urgent” due to Dotcom’s pending legal case, but then-Attorney General Chris Finlayson denied them as being vexatious and without sufficient grounds.

Today the Human Rights Tribunal ruled that, by denying the requests, “…the Crown to be in clear breach of its obligations under the Privacy Act,” awarding the Megaupload founder $90,000 in damages for “loss of dignity or injury to feelings.”

While the financial windfall must be welcome, Dotcom also sees this ruling as a big victory in the grander scheme of things. According to the New Zealand entrepreneur, it means that the U.S. extradition bid is dead in the water.

“What does the Human Rights Tribunal Judgement mean for my Extradition case? It is OVER!” Dotcom just tweeted

“By unlawfully withholding information that could have helped my case the former Attorney General of New Zealand has perverted the course of Justice,” he adds.

It’s over…?

In addition to awarding damages, the ruling also requires the ministers and Government to comply with the original requests, as Newshub writes.

The Tribunal’s decision is a clear win for Dotcom. While it doesn’t automatically end the extradition case, going forward it certainly doesn’t hurt the position of Megaupload’s founder.

Who it could hurt, according to Dotcom, is New Zealand’s Privacy Commissioner John Edwards.

“I call for the immediate resignation of the Privacy Commissioner of New Zealand for his complicity with the former Attorney General and Crown Law in unlawfully withholding information that New Zealanders were legally entitled to,” Dotcom tweets.

The Privacy Commissioner retweeted Dotcom’s request without commenting on it, which elicited another blow from Dotcom.

“I appreciate the acknowledgment. The Human Rights Tribunal judgment makes you look utterly incompetent at best or co-conspiratorial at worst. Which is it? Either way, you’re done,” Dotcom added.

A copy of the Human Rights Tribunal ruling is available here (pdf).

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