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Usenet Pirate Pays €4,800 ‘Fine’ After Being Exposed by Provider

vendredi 11 août 2017 à 08:53

Dutch anti-piracy outfit BREIN has been very active over the past several years, targeting uploaders on various sharing sites and services.

They cast their net wide and have gone after torrent users, Facebook groups, YouTube pirates and Usenet uploaders as well.

To pinpoint the latter group, BREIN contacts Usenet providers asking them to reveal the identity of a suspected user. This is also what happened in a case involving a former customer of Eweka.

The person in question, known under the alias ‘Badfan69,’ was accused of uploading 9,538 infringing works to Usenet, mostly older titles. After Eweka handed over his home address, BREIN reached out to him and negotiated a settlement.

The 44-year-old man has now agreed to pay a settlement of €4,800. If he continues to upload infringing content he will face an additional penalty of €2,000 per day, to a maximum of €50,000.

The case is an important victory for BREIN, not just because of the money.

When the anti-piracy group reached out to Usenet provider Eweka, the company initially refused to hand over any personal details. The Usenet provider argued that it’s a neutral intermediary that would rather not perform the role of piracy police. Instead, it wanted the court to decide whether the request was legitimate.

This resulted in a legal dispute where, earlier this year, a local court sided with BREIN. The Court stressed that in these type of copyright infringement cases, the Usenet provider is required to hand over the requested details.

Under Dutch law, ISPs can be obliged to hand over the personal details of their customers if the infringing activity is plausible and the damaged party has a legitimate interest. Importantly, the legal case clarified that this generally doesn’t require an intervention from the court.

“Providers must decide on a motivated request for the handover of a user’s address, based on their own consideration. A refusal to provide the information must be motivated, otherwise, it will be illegal and the provider will be charged for the costs,” BREIN notes.

While these Usenet cases are relatively rare, BREIN and other parties in the Netherlands, such as Dutch Filmworks, are also planning to go after large groups of torrent users. With the Usenet decision in hand, BREIN may want to argue that regular ISPs must also expose pirating users, without an intervention of the court.

This is not going to happen easily though. Several ISPs, most prominently Ziggo, announced that they would not voluntarily cooperate and are likely to fight out these requests in court to get a solid ‘torrent’ precedent.

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

72-Year-Old Man Accused of ‘Pirating’ Over a Thousand Torrents

jeudi 10 août 2017 à 20:38

In recent years, file-sharers around the world have been pressured to pay significant settlement fees, or face legal repercussions.

These so-called ‘copyright trolling‘ efforts are a common occurrence in the United States too, where hundreds of thousands of people have been targeted in recent years.

While a significant number of defendants are indeed guilty, there are also many that are wrongfully accused. Third-parties may have connected to their Wi-Fi, for example, which isn’t a rarity.

In Hawaii, a recent target of a copyright trolling expedition claims to be innocent, and he’s taken his case to the local press. The 72-year-old John J. Harding doesn’t fit the typical profile of a prolific pirate, but that’s exactly what a movie company has accused him of being.

In June, Harding received a letter from local attorney Kerry Culpepper, who works for the rightsholders of movies such as ‘Mechanic: Resurrection’ and ‘Once Upon a Time in Venice.’

The letter accused the 72-year-old of downloading a movie and also listed over 1,000 other downloads that were tied to his IP-address. Harding was understandably shocked by the threat and says he never downloads anything.

“I’ve never illegally downloaded anything … or even legally! I use my computer for email, games, news and that’s about it,” Harding told HawaiiNewsNow.

“I know definitely that I’m not guilty and my wife is not guilty. So what’s going on? Did somebody hack us? Is somebody out there actively hacking us? How they do that and go about doing that, I have no idea,” Harding added.

As is common in these cases, the copyright holder asked the Hawaii Federal Court for a subpoena, which ordered the associated Internet provider to hand over the personal details of the alleged infringers. The attorney then went on to send out settlement requests to the exposed users.

Harding received a letter offering an easy $3,900 settlement, which would increase to $4,900 if he failed to respond before August 7th. However, the elderly man wasn’t keen on taking the deal, describing the pay-up-or-else demand as “absolutely absurd.”

The attorney reiterated to the local newspaper that these are not idle threats. People risk $150,000 per illegal download, he stressed. That said, mistakes happen and people who feel that they are wrongfully accused should contact his office.

Culpepper explained it further with an analogy while adding a new dimension to the ‘you wouldn’t steal a car’ meme in the process.

“This is similar to a car stolen. If your car was stolen and your car hit someone or did some damage, initially the victim would look to see who was the owner of the car. You would probably tell them, someone stole my car. That time, that person would try to find the person who stole your car,” he said.

The attorney says that they are not trying to bankrupt people. Their goal is to deter piracy. There are cases where they’ve accepted lower settlements or even a mere apology, he notes.

How the 72-year-old will respond in unknown, but judging for his tone he may be looking for an apology himself. Going to the press was probably a smart move, as rightsholders generally don’t like the PR that comes with this kind of story.

These cases are by no means unique though. While browsing through the court dockets of Culpepper’s recent cases we quickly stumbled upon a similar denial. This one comes from a Honolulu woman who’s accused of pirating ‘Mechanic: Resurrection.’

“I have never downloaded the movie they are referencing and when I do download movies I use legal services such as Amazon, and Apple TV,” she wrote to the court, urging it to keep her personal information private.

“I do have frequent guests at our house often using the Internet. In the future I will request that nobody uses any file sharing on our Internet connection,” the letter added.

Unfortunately for her, the letter includes her full name and address, which means that she has effectively exposed herself. This likely means that she will soon receive a settlement request in the mail, just like Harding did, if she hasn’t already.

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

Internet Archive Blocked in 2,650 Site Anti-Piracy Sweep

jeudi 10 août 2017 à 10:47

Reports of sites becoming mysteriously inaccessible in India have been a regular occurance over the past several years. In many cases, sites simply stop functioning, leaving users wondering whether sites are actually down or whether there’s a technical issue.

Due to their increasing prevalence, fingers are often pointed at so-called ‘John Doe’ orders, which are handed down by the court to prevent Internet piracy. Often sweeping in nature (and in some cases pre-emptive rather than preventative), these injunctions have been known to block access to both file-sharing platforms and innocent bystanders.

Earlier this week (and again for no apparent reason), the world renowned Internet Archive was rendered inaccessible to millions of users in India. The platform, which is considered by many to be one of the Internet’s most valued resources, hosts more than 15 petabytes of data, a figure which grows on a daily basis. Yet despite numerous requests for information, none was forthcoming from authorities.

The ‘blocked’ message seen by users accessing Archive.org

Quoted by local news outlet Medianama, Chris Butler, Office Manager at the Internet Archive, said that their attempts to contact the Indian Department of Telecom (DoT) and the Ministry of Electronics and Information Technology (Meity) had proven fruitless.

Noting that site had previously been blocked in India, Butler said they were no clearer on the reasons why the same kind of action had seemingly been taken this week.

“We have no information about why a block would have been implemented,” he said. “Obviously, we are disappointed and concerned by this situation and are very eager to understand why it’s happening and see full access restored to archive.org.”

Now, however, the mystery has been solved. The BBC says a local government agency provided a copy of a court order obtained by two Bollywood production companies who are attempting to slow down piracy of their films in India.

Issued by a local judge, the sweeping order compels local ISPs to block access to 2,650 mainly file-sharing websites, including The Pirate Bay, RARBG, the revived KickassTorrents, and hundreds of other ‘usual suspects’. However, it also includes the URL for the Internet Archive, hence the problems with accessibility this week.

The injunction, which appears to be another John Doe order as previously suspected, was granted by the High Court of the Judicature at Madras on August 2, 2017. Two film productions companies – Prakash Jah Productions and Red Chillies Entertainment – obtained the order to protect their films Lipstick Under My Burkha and Jab Harry Met Sejal.

While India-based visitors to blocked resources are often greeted with a message saying that domains have been blocked at the orders of the Department of Telecommunications, these pages never give a reason why.

This always leads to confusion, with news outlets having to pressure local government agencies to discover the reason behind the blockades. In the interests of transparency, providing a link to a copy of a relevant court order would probably benefit all involved.

A few hours ago, the Internet Archive published a statement questioning the process undertaken before the court order was handed down.

“Is the Court aware of and did it consider the fact that the Internet Archive has a well-established and standard procedure for rights holders to submit take down requests and processes them expeditiously?” the platform said.

“We find several instances of take down requests submitted for one of the plaintiffs, Red Chillies Entertainments, throughout the past year, each of which were processed and responded to promptly.

“After a preliminary review, we find no instance of our having been contacted by anyone at all about these films. Is there a specific claim that someone posted these films to archive.org? If so, we’d be eager to address it directly with the claimant.”

But while the Internet Archive appears to be the highest profile collateral damage following the ISP blocks, it isn’t the only victim. Now that the court orders have become available (1,2), it’s clear that other non-pirate entities have also been affected including news site WN.com, website hosting service Weebly, and French ISP Free.fr.

Also, in a sign that sites aren’t being checked to see if they host the movies in question, one of the orders demands that former torrent index BitSnoop is blocked. The site shut down earlier this year. The same is true for Shaanig.org.

This is not the first time that the Internet Archive has been blocked in India. In 2014/2015, Archive.org was rendered inaccessible after it was accused of hosting extremist material. In common with Google, the site copies and stores huge amounts of data, much of it in automated processes. This can leave it exposed to these kinds of accusations.

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

Man Leaks New ‘Power’ Episodes Online, Records His Own Face

mercredi 9 août 2017 à 19:19

With the whole world going crazy for Game of Thrones, another TV series has been turning some serious numbers. Produced by Curtis “50 Cent” Jackson, crime drama ‘Power’ has been pulling in around eight million viewers per episode.

After premiering in June 2014, Power is now seven episodes into season four, which is set to reach its climax on August 27. But somewhat typically for the Internet these days, fans won’t necessarily have to wait another three weeks to find out what happens. During the past few hours, the final three episodes of ‘Power’ leaked online.

While that’s something in itself, this leak is possibly the most bizarre to take place in the history of piracy. Having been tipped off that screener episodes were available online, TF went looking for evidence. We found it, but it wasn’t what we expected.

The leaks consist of the three episodes (one complete, the other two missing a few minutes) being played back on an iPhone. A white one. With a broken screen.

Power leaks: Broken iPhone edition

The off-center nature of the image above isn’t typical though and most of the time the main picture is both central and well-defined, with surprisingly clear audio. It’s certainly not going to win any prizes for quality but for the extremely impatient it offers some kind of relief.

The big question, of course, is how these episodes happened to find their way onto that battered iPhone in the first place. Incredibly, the videos themselves provide the answers, with the thoughtful ‘cammer’ explaining in several voice-overs how he gained access to one of STARZ hottest properties.

“This is like the special, this is only for the people that work at STARZ that watch this shit. My man sent me the whole log-in shit. I had to pay that n******r though,” he said.

The log-in referenced by the leaker appears to unlock press access to unreleased content on mediaroom.starz.com. That page has been taken down since, quite possibly due to the leak. Thanks to the video though, we can see how the portal looked on the leaker’s phone.

Unreleased ‘Power’ episodes on the STARZ portal

“That’s the whole series bitch, but I can’t log out though, so I can’t send it to you. The man says don’t log out. So i’m gonna watch these last two episodes and then spoil it for y’all,” the ‘cammer’ said over one of the episodes.

The original claim that theses were screener copies holds up. Throughout all three episodes, an occasional message appears across the bottom of the screen, declaring that the episodes are “for screening purposes only.”

Screener copies, for your eyes only

If the whole situation isn’t bizarre enough so far, the episodes contain quite a bit of complaining from the ‘cammer’, mainly due to his arm aching from holding up the recording phone for such a long time.

Why he didn’t simply place it down on the table isn’t clear. He managed it with the playback phone, which is seen leaning against a large water container throughout, something the ‘cammer’ believes is pretty badass.

“You see, I got my shit propped up like a G,” he said, placing the phone against the water bottle. “Next episode, definitely not holdin’ this shit, so you n*****s gotta relax.”

If this whole scenario isn’t crazy enough, the ‘cammer’ polishes off his virtuoso performance by turning the ‘cam’ phone around and recording his own face for several seconds. To save his embarrassment we won’t publish an image here but needless to say, he is extremely easy to identify, as is his Facebook page, where the content seems to have first appeared.

While there’s clearly no criminal mastermind behind these leaks, dumping unreleased TV shows online can result in a hefty jail sentence, no matter how poorly it’s done. The gentleman involved should hope that STARZ and the FBI are prepared to see the funny side. Fingers crossed….

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

Disney Ditching Netflix Keeps Piracy Relevant

mercredi 9 août 2017 à 10:52

There is little doubt that, in the United States, Netflix has become the standard for watching movies on the Internet.

The subscription service is responsible for a third of all Internet traffic during peak hours, dwarfing that of online piracy and other legal video platforms.

It’s safe to assume that Netflix-type streaming services are among the best and most convenient alternative to piracy at this point. There is a problem though. The whole appeal of the streaming model becomes diluted when there are too many ‘Netflixes.’

Yesterday, Disney announced that it will end its partnership with Netflix in 2019. The company is working on its own Disney-branded movie streaming platforms, where titles such as Frozen 2 and Toy Story 4 will end up in the future.

Disney titles are among the most-watched content on Netflix, and the company’s stock took a hit when the news came out. In a statement late yesterday, Disney CEO Bob noted that the company has a good relationship with Netflix but the companies will part ways at the end of next year.

At the moment no decision has been made on what happens to Lucasfilm and Marvel films, but these could find a new home as well. Marvel TV shows such as Jessica Jones and Luke Cage will reportedly stay at Netflix

Although Disney’s decision may be good for Disney, a lot of Netflix users are not going to be happy. It likely means that they need another streaming platform subscription to get what they want, which isn’t a very positive prospect.

In piracy discussions, Hollywood insiders often stress that people have no reason to pirate, as pretty much all titles are available online legally. What they don’t mention, however, is that users need access to a few dozen paid services, to access them all.

In a way, this fragmentation is keeping the pirate ecosystems intact. While legal streaming services work just fine, having dozens of subscriptions is expensive, and not very practical. Especially not compared to pirate streaming sites, where everything can be accessed on the same site.

The music business has a better model, or had initially. Services such as Spotify allowed fans to access most popular music in one place, although that’s starting to crumble as well, due to exclusive deals and more fragmentation.

Admittedly, for a no-name observer, it’s easy to criticize and point fingers. The TV and movie business is built on complicated licensing deals, where a single Netflix may not be able to generate enough revenue for an entire industry.

But there has to be a better way than simply adding more streaming platforms, one would think?

Instead of solely trying to stamp down on pirate sites, it might be a good idea to take a careful look at the supply side as well. At the moment, fragmentation is keeping pirate sites relevant.

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