PROJET AUTOBLOG


TorrentFreak

Archivé

Site original : TorrentFreak

⇐ retour index

Cloudflare CEO Has to Explain Lack of Pirate Site Terminations

mardi 10 octobre 2017 à 20:36

In August, 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 wrote.

The decision 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 had a long-standing 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.

Adult entertainment publisher ALS Scan raised this question in its piracy liability case against Cloudflare, asking for a 7-hour long deposition of the company’s CEO, to find out more. Cloudflare opposed this request, saying it was overbroad and unneeded, while asking the court to weigh in.

After reviewing the matter, Magistrate Judge Alexander MacKinnon decided to allow the deposition, but in a limited form.

“An initial matter, the Court finds that ALS Scan has not made a showing that would justify a 7 hour deposition of Mr. Prince covering a wide range of topics,” the order (pdf) reads.

“On the other hand, a review of the record shows that ALS Scan has identified a narrow relevant issue for which it appears Mr. Prince has unique knowledge and for which less intrusive discovery has been exhausted.”

ALS Scan will be able to interrogate Cloudflare’s CEO but only for two hours. The deposition must be specifically tailored toward his motivation (not) to use his authority to terminate the accounts of ‘pirating’ customers.

“The specific topic is the use (or non-use) of Mr. Prince’s authority to terminate customers, as specifically applied to customers for whom Cloudflare has received notices of copyright infringement,” the order specifies.

Whether this deposition will help ALS Scan argue its case has yet to be seen. Based on earlier submissions, the CEO will likely argue that the Daily Stormer case was an exception to make a point and that it’s company policy to require a court order to respond to infringement claims.

Meanwhile, more questions are being raised. Just a few days ago Cloudflare suspended the account of a customer for using a cryptocurrency miner. Apparently, Cloudflare classifies these miners as malware, triggering a punishment without a court order.

ALS Scan and other copyright holders would like to see a similar policy against notorious pirate sites, but thus far Cloudflare is having none of it.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Sweden Supreme Court: Don’t Presume Prison Sentences For Pirates

mardi 10 octobre 2017 à 11:24

The trend over the past several years is for prosecutors to present copyright infringement offenses as serious crimes, often tantamount to those involving theft of physical goods.

This has resulted in many cases across the United States and Europe where those accused of distributing or assisting in the distribution of copyrighted content face the possibility of custodial sentences. Over in Sweden, prosecutors have homed in on one historical case in order to see where the boundaries lie.

Originally launched as Swepirate, ‘Biosalongen‘ (Screening Room) was shut down by local authorities in early 2013. A 50-year-old man said to have been the main administrator of the private tracker was arrested and charged with sharing at least 125 TV shows and movies via the site, including Rocky, Alien and Star Trek.

After the man initially pleaded not guilty, the case went to trial and a subsequent appeal. In the summer of 2015 the Court of Appeal in Gothenburg sentenced him to eight months in prison for copyright infringement offenses.

The former administrator, referenced in court papers as ‘BH’, felt that the punishment was too harsh, filing a claim with the Supreme Court in an effort to have the sentence dismissed.

Prosecutor My Hedström also wanted the Supreme Court to hear the case, seeking clarity on sentencing for these kinds of offenses. Are fines and suspended sentences appropriate or is imprisonment the way to deal with pirates, as most copyright holders demand?

The Supreme Court has now handed down its decision, upholding an earlier ruling of probation and clarifying that copyright infringement is not an offense where a custodial sentence should be presumed.

“Whether a crime should be punished by imprisonment is generally determined based on its penal value,” a summary from International Law Office reads.

“If the penal value is less than one year, imprisonment should be a last resort. However, certain crimes are considered of such a nature that the penalty should be a prison sentence based on general preventive grounds, even if the penal value is less than one year.”

In the Swepirate/Biosalongen/Screening Room case, the Court of Appeal found that BH’s copyright infringement had a penal value of six months, so there was no presumption for a custodial sentence based on the penal value alone.

Furthermore, the Supreme Court found that there are no legislative indications that copyright infringement should be penalized via a term of imprisonment. In reaching this decision the Court referenced a previous trademark case, noting that trademark
infringement and copyright infringement are similar offenses.

In the trademark case, it was found that there should be no presumption of imprisonment. The Court found that since it is a closely related crime, copyright infringement offenses should be treated in the same manner.

According to an analysis of the ruling by Henrik Wistam and Siri Alvsing at the Lindahl lawfirm, the decision by the Supreme Court represents a change from previous case law concerning penalties for illegal file-sharing.

The pair highlight the now-infamous case of The Pirate Bay, where three defendants – Peter Sunde, Fredrik Neij and Carl Lundström – were sentenced to prison terms of eight, ten and four months respectively.

“In 2010 the Svea Court of Appeal concluded that the penalty for such crimes should be imprisonment. The Supreme Court did not grant leave to appeal,” they note.

“The Supreme Court has now aligned the view on the severity of IP infringements. This is a welcome development, although rights holders may have benefited from a stricter view and a development in the opposite direction.

The full ruling is available here (pdf, Swedish)

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Roku Shows FBI Warning to Pirate Channel Users

lundi 9 octobre 2017 à 20:26

In recent years it has become much easier to stream movies and TV-shows over the Internet.

Legal services such as Netflix and HBO are flourishing, but at the same time millions of people are streaming from unauthorized sources, often paired with perfectly legal streaming platforms and devices.

Hollywood insiders have dubbed this trend “Piracy 3.0” and are actively working with stakeholders to address the threat. One of the companies rightsholders are working with is Roku, known for its easy-to-use media players.

Earlier this year a Mexican court ordered retailers to take the Roku media player off the shelves. This legal battle is still ongoing, but it was a clear signal to the company, which now has its own anti-piracy team.

Several third-party “private” channels have been removed from the player in recent weeks as they violate Roku’s terms and conditions. These include the hugely popular streaming channel XTV, which offered access to infringing content.

After its removal, XTV briefly returned as XTV 2, but that didn’t last for long. The infringing channel was soon removed again, this time showing the FBI’s anti-piracy seal followed by a rather ominous message.

“FBI Anti-Piracy Warning: Unauthorized copying is punishable under federal law,” it reads. “Roku has removed this unauthorized service due to repeated claims of copyright infringement.”

FBI Warning (via Cordcuttersnews)

The unusual warning was picked up by Cordcuttersnews and states that Roku itself removed the channel.

To some it may seem that the FBI is cracking down on Roku channels, but this is not the case. The anti-piracy seal and associated warning are often used in cases where the organization is not actively involved, to add extra weight. The FBI supports this, as long as certain standards are met.

A Roku spokesperson confirmed to TorrentFreak that they’re using it on their own accord here.

“We want to send a clear message to Roku customers and to publishers that any publication of pirated content on our platform is a violation of law and our platform rules,” the company says.

“We have recently expanded the messaging that we display to customers that install non-certified channels to alert them to the associated risks, and we display the FBI’s publicly available warning when we remove channels for copyright violations.”

The strong language shows that Roku is taking its efforts to crack down on infringing channels very seriously. A few weeks ago the company started to warn users that pirate channels may be removed without prior notice.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Top 10 Most Pirated Movies of The Week on BitTorrent – 10/09/17

lundi 9 octobre 2017 à 12:26

This week we have three newcomers in our chart.

Spider-Man: Homecoming is the most downloaded movie for the second week in a row.

The data for our weekly download chart is estimated by TorrentFreak, and is for informational and educational reference only. All the movies in the list are Web-DL/Webrip/HDRip/BDrip/DVDrip unless stated otherwise.

RSS feed for the weekly movie download chart.

This week’s most downloaded movies are:
Movie Rank Rank last week Movie name IMDb Rating / Trailer
Most downloaded movies via torrents
1 (1) Spider-Man: Homecoming 7.8 / trailer
2 (9) War for the Planet of the Apes 7.8 / trailer
3 (2) Baby Driver 8.0 / trailer
4 (3) Pirates of the Caribbean: Dead Men Tell No Tales 6.9 / trailer
5 (4) Transformers: The Last Knight 5.2 / trailer
6 (…) 6 Days 6.1 / trailer
7 (7) Wonder Woman 8.2 / trailer
8 (4) Despicable Me 3 6.4 / trailer
9 (…) The Dark Tower 5.9 / trailer
10 (8) Hitman’s Bodyguard 7.2 / trailer

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

PureVPN Logs Helped FBI Net Alleged Cyberstalker

lundi 9 octobre 2017 à 11:04

Last Thursday, Ryan S. Lin, 24, of Newton, Massachusetts, was arrested on suspicion of conducting “an extensive cyberstalking campaign” against his former roommate, a 24-year-old Massachusetts woman, as well as her family members and friends.

According to the Department of Justice, Lin’s “multi-faceted campaign of computer hacking and cyberstalking” began in April 2016 when he began hacking into the victim’s online accounts, obtaining personal photographs, sensitive information about her medical and sexual histories, and other private details.

It’s alleged that after obtaining the above material, Lin distributed it to hundreds of others. It’s claimed he created fake online profiles showing the victim’s home address while soliciting sexual activity. This caused men to show up at her home.

“Mr. Lin allegedly carried out a relentless cyber stalking campaign against a young woman in a chilling effort to violate her privacy and threaten those around her,” said Acting United States Attorney William D. Weinreb.

“While using anonymizing services and other online tools to avoid attribution, Mr. Lin harassed the victim, her family, friends, co-workers and roommates, and then targeted local schools and institutions in her community. Mr. Lin will now face the consequences of his crimes.”

While Lin awaits his ultimate fate (he appeared in U.S. District Court in Boston Friday), the allegation he used anonymization tools to hide himself online but still managed to get caught raises a number of questions. An affidavit submitted by Special Agent Jeffrey Williams in support of the criminal complaint against Lin provides most of the answers.

Describing Lin’s actions against the victim as “doxing”, Williams begins by noting that while Lin was the initial aggressor, the fact he made the information so widely available raises the possibility that other people got involved with malicious acts later on. Nevertheless, Lin remains the investigation’s prime suspect.

According to the affidavit, Lin is computer savvy having majored in computer science. He allegedly utilized a number of methods to hide his identity and IP address, including TOR, Virtual Private Network (VPN) services and email providers that “do not maintain logs or other records.”

But if that genuinely is the case, how was Lin caught?

First up, it’s worth noting that plenty of Lin’s aggressive and stalking behaviors towards the victim were demonstrated in a physical sense, offline. In that respect, it appears the authorities already had him as the prime suspect and worked back from there.

In one instance, the FBI examined a computer that had been used by Lin at a former workplace. Although Windows had been reinstalled, the FBI managed to find Google Chrome data which indicated Lin had viewed articles about bomb threats he allegedly made. They were also able to determine he’d accessed the victim’s Gmail account and additional data suggested that he’d used a VPN service.

“Artifacts indicated that PureVPN, a VPN service that was used repeatedly in the cyberstalking scheme, was installed on the computer,” the affidavit reads.

From here the Special Agent’s report reveals that the FBI received cooperation from Hong Kong-based PureVPN.

“Significantly, PureVPN was able to determine that their service was accessed by the same customer from two originating IP addresses: the RCN IP address from the home Lin was living in at the time, and the software company where Lin was employed at the time,” the agent’s affidavit reads.

Needless to say, while this information will prove useful to the FBI’s prosecution of Lin, it’s also likely to turn into a huge headache for the VPN provider. The company claims zero-logging, which clearly isn’t the case.

“PureVPN operates a self-managed VPN network that currently stands at 750+ Servers in 141 Countries. But is this enough to ensure complete security?” the company’s marketing statement reads.

“That’s why PureVPN has launched advanced features to add proactive, preventive and complete security. There are no third-parties involved and NO logs of your activities.”

PureVPN privacy graphic

However, if one drills down into the PureVPN privacy policy proper, one sees the following:

Our servers automatically record the time at which you connect to any of our servers. From here on forward, we do not keep any records of anything that could associate any specific activity to a specific user. The time when a successful connection is made with our servers is counted as a ‘connection’ and the total bandwidth used during this connection is called ‘bandwidth’. Connection and bandwidth are kept in record to maintain the quality of our service. This helps us understand the flow of traffic to specific servers so we could optimize them better.

This seems to match what the FBI says – almost. While it says it doesn’t log, PureVPN admits to keeping records of when a user connects to the service and for how long. The FBI clearly states that the service also captures the user’s IP address too. In fact, it appears that PureVPN also logged the IP address belonging to another VPN service (WANSecurity) that was allegedly used by Lin to connect to PureVPN.

That record also helped to complete another circle of evidence. IP addresses used by
Kansas-based WANSecurity and Secure Internet LLC (servers operated by PureVPN) were allegedly used to access Gmail accounts known to be under Lin’s control.

Somewhat ironically, this summer Lin took to Twitter to criticize VPN provider IPVanish (which is not involved in the case) over its no-logging claims.

“There is no such thing as a VPN that doesn’t keep logs,” Lin said. “If they can limit your connections or track bandwidth usage, they keep logs.”

Or, in the case of PureVPN, if they log a connection time and a source IP address, that could be enough to raise the suspicions of the FBI and boost what already appears to be a pretty strong case.

If convicted, Lin faces up to five years in prison and three years of supervised release.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.