More and more people are starting to use Kodi-powered set-top boxes to stream video content to their TVs.

While Kodi itself is a neutral platform, sellers who ship devices with unauthorized add-ons give it a bad reputation.

According to the Alliance for Creativity and Entertainment (ACE), an anti-piracy partnership between Hollywood studios, Netflix, Amazon, and more than two dozen other companies, Tickbox TV is one of these bad actors.

Earlier this year, ACE filed a lawsuit against the Georgia-based company, which sells set-top boxes that allow users to stream a variety of popular media. The Tickbox devices use the Kodi media player and come with instructions on how to add various add-ons.

According to ACE, these devices are nothing more than pirate tools, allowing buyers to stream copyright infringing content. “TickBox promotes and distributes TickBox TV for infringing use, and that is exactly the result of its use,” they told court this week.

After the complaint was filed in October, Tickbox made some cosmetic changes to the site, removing some allegedly inducing language. The streaming devices are still for sale, however, but not for long if it’s up to the media giants.

This week ACE submitted a request for a preliminary injunction to the court, hoping to stop Tickbox’s sales activities.

“TickBox is intentionally inducing infringement, pure and simple. Plaintiffs respectfully request that the Court enter a preliminary injunction that requires TickBox to halt its flagrantly illegal conduct immediately,” they write in their application.

The companies explain that that since Tickbox is causing irreparable harm, all existing devices should be impounded.

“[A]ll TickBox TV devices in the possession of TickBox and all of its officers, directors, agents, servants, and employees, and all persons in active concert or participation or in privity with any of them are to be impounded and shall be retained by Defendant until further order of the Court,” the proposed order reads.

In addition, Tickbox should push out a software update which remove all infringing add-ons from the devices that were previously sold.

“TickBox shall, via software update, remove from all distributed TickBox TV devices all Kodi ‘Themes,’ ‘Builds,’ ‘Addons,’ or any other software that facilitates the infringing public performances of Plaintiffs’ Copyrighted Works.”

Among others, the list of allegedly infringing add-ons and themes includes Spinz, Lodi Black, Stream on Fire, Wookie, Aqua, CMM, Spanish Quasar, Paradox, Covenant, Elysium, UK Turk, Gurzil, Maverick, and Poseidon.

The filing shows that ACE is serious about its efforts to stop the sale of these type of streaming devices. Tickbox has yet to reply to the original complaint or the injunction request.

While this is the first US lawsuit of its kind, the anti-piracy conglomerate has been rather active in recent weeks. The group has successfully pressured several addon developers to quit and has been involved in enforcement actions around the globe.

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A copy of the proposed preliminary injunction is available here (pdf).

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While many people might believe CrimeStoppers to be an official extension of the police in the UK, the truth is a little more subtle.

CrimeStoppers is a charity that operates a service through which members of the public can report crime anonymously, either using a dedicated phone line or via a website. Callers are not required to give their name, meaning that for those concerned about reprisals or becoming involved in a case for other sensitive reasons, it’s the perfect buffer between them and the authorities.

The people at CrimeStoppers deal with all kinds of crime but perhaps a little surprisingly, they’ve just got involved in the set-top box controversy in the UK.

“Advances in technology have allowed us to enjoy on-screen entertainment in more ways than ever before, with ever increasing amounts of exciting and original content,” the CrimeStoppers campaign begins.

“However, some people are avoiding paying for this content by using modified streaming hardware devices, like a set-top box or stick, in conjunction with software such as illegal apps or add-ons, or illegal mobile apps which allow them to watch new movie releases, TV that hasn’t yet aired, and subscription sports channels for free.”

The campaign has been launched in partnership with the Intellectual Property Office and unnamed “industry partners”. Who these companies are isn’t revealed but given the standard messages being portrayed by the likes of ACE, Premier League and Federation Against Copyright Theft lately, it wouldn’t be a surprise if some or all of them were involved.

Those messages are revealed in a series of four video ads, each taking a different approach towards discouraging the public from using devices loaded with pirate software.

The first video clearly targets the consumer, dispelling the myth that watching pirate video isn’t against the law. It is, that’s not in any doubt, but from the constant tone of the video, one could be forgiven that it’s an extremely serious crime rather than something which is likely to be a civil matter, if anything at all.

It also warns people who are configuring and selling pirate devices that they are breaking the law. Again, this is absolutely true but this activity is clearly several magnitudes more serious than simply viewing. The video blurs the boundaries for what appears to be dramatic effect, however.

Selling and watching is illegal

The second video is all about demonizing the people and groups who may offer set-top boxes to the public.

Instead of portraying the hundreds of “cottage industry” suppliers behind many set-top box sales in the UK, the CrimeStoppers video paints a picture of dark organized crime being the main driver. By buying from these people, the charity warns, criminals are being welcomed in.

“It is illegal. You could also be helping to fund organized crime and bringing it into your community,” the video warns.

Are you funding organized crime?

The third video takes another approach, warning that set-top boxes have few if any parental controls. This could lead to children being exposed to inappropriate content, the charity warns.

“What are your children watching. Does it worry you?” the video asks.

Of course, the same can be said about the Internet, period. Web browsers don’t filter what content children have access to unless parents take pro-active steps to configure special services or software for the purpose.

There’s always the option to supervise children, of course, but Netflix is probably a safer option for those with a preference to stand off. It’s also considerably more expensive, a fact that won’t have escaped users of these devices.

Got kids? Take care….

Finally, video four picks up a theme that’s becoming increasingly common in anti-piracy campaigns – malware and identity theft.

“Why risk having your identity stolen or your bank account or home network hacked. If you access entertainment or sports using dodgy streaming devices or apps, or illegal addons for Kodi, you are increasing the risks,” the ad warns.

Danger….Danger….

Perhaps of most interest is that this entire campaign, which almost certainly has Big Media behind the scenes in advisory and financial capacities, barely mentions the entertainment industries at all.

Indeed, the success of the whole campaign hinges on people worrying about the supposed ill effects of illicit streaming on them personally and then feeling persuaded to inform on suppliers and others involved in the chain.

“Know of someone supplying or promoting these dodgy devices or software? It is illegal. Call us now and help stop crime in your community,” the videos warn.

That CrimeStoppers has taken on this campaign at all is a bit of a head-scratcher, given the bigger crime picture. Struggling with severe budget cuts, police in the UK are already de-prioritizing a number of crimes, leading to something called “screening out”, a process through which victims are given a crime number but no investigation is carried out.

This means that in 2016, 45% of all reported crimes in Greater Manchester weren’t investigated and a staggering 57% of all recorded domestic burglaries weren’t followed up by the police. But it gets worse.

“More than 62pc of criminal damage and arson offenses were not investigated, along with one in three reported shoplifting incidents,” MEN reports.

Given this backdrop, how will police suddenly find the resources to follow up lots of leads from the public and then subsequently prosecute people who sell pirate boxes? Even if they do, will that be at the expense of yet more “screening out” of other public-focused offenses?

No one is saying that selling pirate devices isn’t a crime or at least worthy of being followed up, but is this niche likely to be important to the public when they’re being told that nothing will be done when their homes are emptied by intruders? “NO” says a comment on one of the CrimeStoppers videos on YouTube.

“This crime affects multi-million dollar corporations, I’d rather see tax payers money invested on videos raising awareness of crimes committed against the people rather than the 0.001%,” it concludes.

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In recent years, a group of select companies have pressured hundreds of thousands of alleged pirates to pay significant settlement fees, or face legal repercussions.

These so-called “copyright trolling” efforts have also been a common occurrence in the United States for more than half a decade, and still are today.

While copyright holders should be able to take legitimate piracy claims to court, not all cases are as strong as they first appear. Many defendants have brought up flaws, often in relation to the IP-address evidence, but an accused pirate in Oregon takes things up a notch.

Lingfu Zhang, represented by attorney David Madden, has turned the tables on the makers of the film Fathers & Daughters. The man denies having downloaded the movie but also points out that the filmmakers have signed away their online distribution rights.

The issue was brought up in previous months, but the relevant findings were only unsealed this week. They show that the movie company (F&D), through a sales agent, sold the online distribution rights to a third party.

While this is not uncommon in the movie business, it means that they no longer have the right to distribute the movie online, a right Zhang was accused of violating. This is also what his attorney pointed out to the court, asking for a judgment in favor of his client.

“ZHANG denies downloading the movie but Defendant’s current motion for summary judgment challenges a different portion of F&D’s case: Defendant argues that F&D has alienated all of the relevant rights necessary to sue for infringement under the Copyright Act,” Madden writes.

The filmmakers opposed the request and pointed out that they still had some rights. However, this is irrelevant according to the defense, since the distribution rights are not owned by them, but by a company that’s not part of the lawsuit.

“Plaintiff claims, for example, that it still owns the right to exploit the movie on airlines and oceangoing vessels. That may or may not be true – Plaintiff has not submitted any evidence on the question – but ZHANG is not accused of showing the movie on an airplane or a cruise ship.

“He is accused of downloading it over the Internet, which is an infringement that affects only an exclusive right owned by non-party DISTRIBUTOR 2,” Madden adds.

Interestingly, an undated addendum to the licensing agreement, allegedly created after the lawsuit was started, states that the filmmakers would keep their “anti-piracy” rights, as can be seen below.

Anti-Piracy rights?

This doesn’t save the filmmaker, according to the defense. The “licensor” who keeps these anti-piracy and enforcement rights refers to the sales agent, not the filmmaker, Madden writes. In addition, the case is about copyright infringement, and despite the addendum, the filmmakers don’t have the exclusive rights that apply here.

“Plaintiff represented to this Court that it was the ‘proprietor of all copyrights and interests need to bring suit’ […] notwithstanding that it had – years earlier – transferred away all its exclusive rights under Section 106 of the Copyright Act,” the defense lawyer concludes.

“Even viewing all Plaintiff’s agreements in the light most favorable to it, Plaintiff holds nothing more than a bare right to sue, which is not a cognizable right that may be exercised in the courts of this Circuit.”

While the court has yet to decide on the motion, this case could turn into a disaster for the makers of Fathers & Daughters.

If the court agrees that they don’t have the proper rights, defendants in other cases may argue the same. It’s easy to see how their entire trolling scheme would then collapse.

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The original memorandum in support of the motion for summary judgment is available here (pdf) and a copy of the reply brief can be found here (pdf).

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For many years, Dutch Internet users were allowed to download copyrighted content without reprisals, provided it was for their own personal use.

In 2014, however, the European Court of Justice ruled that the country’s “piracy levy” to compensate rightsholders was unlawful. Almost immediately, the government announced a downloading ban.

In March 2016, anti-piracy outfit BREIN followed up by obtaining permission from the Dutch Data Protection Authority to track and store the personal data of alleged BitTorrent pirates. This year, movie distributor Dutch FilmWorks (DFW) made a similar application.

The company said that it would be pursuing alleged pirates to deter future infringement but many suspected that securing cash settlements was its main aim. That was confirmed in August.

“[The letter to alleged pirates] will propose a fee. If someone does not agree [to pay], the organization can start a lawsuit,” said DFW CEO Willem Pruijsserts

“In Germany, this costs between €800 and €1,000, although we find this a bit excessive. But of course it has to be a deterrent, so it will be more than a tenner or two,” he added.

But despite the grand plans, nothing would be possible without first obtaining the necessary permission from the Data Protection Authority. This Wednesday, however, that arrived.

“DFW has given sufficient guarantees for the proper and careful processing of personal data. This means that DFW has been given a green light from the Data Protection Authority to collect personal data, such as IP addresses, from people downloading from illegal sources,” the Authority announced.

Noting that it received feedback from four entities during the six-week consultation process following the publication of its draft decision during the summer, the Data Protection Authority said that further investigations were duly carried out. All input was considered before handing down the final decision.

The Authority said it was satisfied that personal data would be handled correctly and that the information collected and stored would be encrypted and hashed to ensure integrity. Furthermore, data will not be retained for longer than is necessary.

“DFW has stated…that data from users with Dutch IP addresses who were involved in the exchange of a title owned by DFW, but in respect of which there is no intention to follow up on that within three months after receipt, will be destroyed,” the decision reads.

For any cases that are active and haven’t been discarded in the initial three-month period, DFW will be allowed to hold alleged pirates’ data for a maximum of five years, a period that matches the time a company has to file a claim under the Dutch Civil Code.

“When DFW does follow up on a file, DFW carries out further research into the identity of the users of the IP addresses. For this, it is necessary to contact the Internet service providers of the subscribers who used the IP addresses found in the BitTorrent network,” the Authority notes.

According to the decision, once DFW has a person’s details it can take any of several actions, starting with a simple warning or moving up to an amicable cash settlement. Failing that, it might choose to file a full-on court case in which the distributor seeks an injunction against the alleged pirate plus compensation and costs.

Only time will tell what strategy DFW will deploy against alleged pirates but since these schemes aren’t cheap to run, it’s likely that simple warning letters will be seriously outnumbered by demands for cash settlement.

While it seems unlikely that the Data Protection Authority will change its mind at this late stage, it’s decision remains open to appeal. Interested parties have just under six weeks to make their voices heard. Failing that, copyright trolling will hit the Netherlands in the weeks and months to come.

The full decision can be found here (Dutch, pdf) via Tweakers

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After years of smooth sailing, this year TVAddons became a poster child for the entertainment industry’s war on illicit streaming devices.

The leading repository for unofficial Kodi addons was sued for copyright infringement in the US by satellite and broadcast provider Dish Network. Around the same time, a similar case was filed by Bell, TVA, Videotron, and Rogers in Canada.

The latter case has done the most damage thus far, as it caused the addon repository to lose its domain names and social media accounts. As a result, the site went dead and while many believed it would never return, it made a blazing comeback after a few weeks.

Since the original TVAddons.ag domain was seized, the site returned on TVaddons.co. And that was not the only difference. A lot of the old add-ons, for which it was unclear if they linked to licensed content, were no longer listed in the repository either.

TVAddons previously relied on the DMCA to shield it from liability but apparently, that wasn’t enough. As a result, they took the drastic decision to check all submitted add-ons carefully.

“Since complying with the law is clearly not enough to prevent frivolous legal action from being taken against you, we have been forced to implement a more drastic code vetting process,” a TVAddons representative told us previously.

Despite the absence of several of the most used add-ons, the repository has managed to regain many of its former users. Over the past month, TVAddons had over 12 million unique users. These all manually installed the new repository on their devices.

“We’re not like one of those pirate sites that are shut down and opens on a new domain the next day, getting users to actually manually install a new repo isn’t an easy feat,” a TVAddons representative informs TorrentFreak.

While it’s still far away from the 40 million unique users it had earlier this year, before the trouble began, it’s still a force to be reckoned with.

Interestingly, the vast majority of all TVAddons traffic comes from the United States. The UK is second at a respectable distance, followed by Canada, Germany, and the Netherlands.

While many former users have returned, the submission policy changes didn’t go unnoticed. The relatively small selection of add-ons is a major drawback for some, but that’s about to change as well, we are informed.

TVAddons plans to return to the old submission model where developers can upload their code more freely. Instead of proactive screening, TVAddons will rely on a standard DMCA takedown policy, relying on copyright holders to flag potentially infringing content.

“We intend on returning to a standard DMCA compliant add-on submission policy shortly, there’s no reason why we should be held to a higher standard than Facebook, Twitter, YouTube or Reddit given the fact that we don’t even host any form of streaming content in the first place.

“Our interim policy isn’t pragmatic, it’s nearly impossible for us to verify the global licensing of all forms of protected content. When you visit a website, there’s no way of verifying licensing beyond trusting them based on reputation.”

The upcoming change doesn’t mean that TVAddons will ignore its legal requirements. If they receive a legitimate takedown notice, proper action will be taken, as always. As such, they would operate in the same fashion as other user-generated sites.

“Right now our interim addon submission policy is akin to North Korea. We always followed the law and will always continue to do so. Anytime we’ve received a legitimate complaint we’ve acted upon it in an expedited manner.

“Facebook, Twitter, Reddit and other online communities would have never existed if they were required to approve the contents of each user’s submissions prior to public posting.”

The change takes place while the two court cases are still pending. TVAddons is determined to keep up this fight. Meanwhile, they are also asking the public to support the project financially.

While some copyright holders, including those who are fighting the service in court, might not like the change, TVAddons believes that this is well within their rights. And with support from groups such as the Electronic Frontier Foundation, they don’t stand alone in this.

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