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Copyright Troll Attorney John Steele Disbarred by Illinois Supreme Court

lundi 22 mai 2017 à 10:22

Over the years, copyright trolls have been accused of involvement in various dubious schemes and actions, but there’s one group that has gone above and beyond.

Prenda Law grabbed dozens of headlines, mostly surrounding negative court rulings over identity theft, misrepresentation and even deception.

Most controversial was the shocking revelation that Prenda uploaded their own torrents to The Pirate Bay, creating a honeypot for the people they later sued over pirated downloads.

The allegations also raised the interest of the US Department of Justice, which indicted Prenda principals John Steele and Paul Hansmeier late last year. The two stand accused of running a multi-million dollar fraud and extortion operation.

A few weeks ago Steele pleaded guilty, admitting among other things that they did indeed use The Pirate Bay to operate a honeypot for online pirates.

Following the guilty plea the Illinois Supreme Court, which started looking into the case long before the indictment, has now decided to disbar the attorney. This means that Steele no longer has the right to practice law.

The decision doesn’t really come as a surprise. Steele has admitted to two of the 18 counts listed in the indictment, including some of the allegations that were also listed by the Supreme Court.

In its conclusion, the Court lists a variety of misconduct including “conduct involving dishonesty, fraud, deceit, or misrepresentation, by conduct including filing lawsuits without supporting facts, under the names of entities like Ingenuity 13 and AF Holdings, which were created by Movant for purposes of exacting settlements.”

Also, Steele’s trolling operation was “using means that had no substantial purpose other than to embarrass or burden a third person, or using methods of obtaining evidence that violates the legal rights of such a person…,” the Supreme Court writes.

Steele was disbarred “on consent,” according to Cook County Record, which means that he agreed to have his Illinois law practice license revoked.

The disbarment is not unexpected considering Steele’s guilty plea. However, victims of the Prenda trolling scheme may still welcome it as a form of justice. Meanwhile, Steele has bigger problems to worry about.

The former Prenda attorney is still awaiting his sentencing in the criminal case. In theory, he faces a statutory maximum sentence of 40 years in prison as well as a criminal fine of hundreds of thousands of dollars. However, by signing a plea agreement, he likely gets a reduced sentence.

The Illnois Supreme Court conclusions are available here (pdf), courtesy of Fight Copyright Trolls.

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 – 05/22/17

lundi 22 mai 2017 à 08:59

This week we have three newcomers in our chart.

Logan, which came out as DVDRip last week, 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) Logan 8.6 / trailer
2 (8) The Fate of the Furious (subbed HDRip) 6.7 / trailer
3 (…) The Boss Baby 6.5 / trailer
4 (2) Ghost in The Shell (Subbed HDRip) 6.9 / trailer
5 (3) First Fight 5.7 / trailer
6 (4) Kong: Skull Island (Subbed HDRip) 7.0 / trailer
7 (…) T2 Trainspotting 7.7 / trailer
8 (…) Beauty and the Beast 7.6 / trailer
9 (7) Split 7.0 / trailer
10 (5) The Great Wall 6.9 / trailer

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

RIAA Says Artists Don’t Need “Moral Rights,” Artists Disagree

dimanche 21 mai 2017 à 20:13

Most people who create something like to be credited for their work. Whether you make a video, song, photo, or blog post, it feels ‘right’ to receive recognition.

The right to be credited is part of the so-called “moral rights,” which are baked into many copyright laws around the world, adopted at the international level through the Berne Convention.

However, in the United States, this is not the case. The US didn’t sign the Berne Convention right away and opted out from the “moral rights” provision when they eventually joined it.

Now that the U.S. Copyright Office is looking into ways to improve current copyright law, the issue has been brought to the forefront again. The Government recently launched a consultation to hear the thoughts of various stakeholders, which resulted in several noteworthy contributions.

As it turns out, both the MPAA and RIAA are against the introduction of statutory moral rights for artists. They believe that the current system works well and they fear that it’s impractical and expensive to credit all creators for their contributions.

The MPAA stresses that new moral rights may make it harder for producers to distribute their work and may violate the First Amendment rights of producers, artists, and third parties who wish to use the work of others.

In the movie industry, many employees are not credited for their work. They get paid, but can’t claim any “rights” to the products they create, something the MPAA wants to keep intact.

“Further statutory recognition of the moral rights of attribution and integrity risks upsetting this well-functioning system that has made the United States the unrivaled world leader in motion picture production for over a century,” they stress.

The RIAA has a similar view, although the central argument is somewhat different.

The US record labels say that they do everything they can to generate name recognition for their main artists. However, crediting everyone who’s involved in making a song, such as the writer, is not always a good idea.

“A new statutory attribution right, in addition to being unnecessary, would likely have significant unintended consequences,” the RIAA writes (pdf).

The RIAA explains that the music industry has weathered several dramatic shifts over the past two decades. They argue that the transition from physical to digital music – and later streaming – while being confronted with massive piracy, has taken its toll.

There are signs of improvement now, but if moral rights become the standard, the RIAA fears that everything might collapse once gain.

“After fifteen years of declining revenues, the recorded music industry outlook is finally showing signs of improvement. This fragile recovery results largely from growing consumer adoption of new streaming models..,” the RIAA writes.

“We urge the Office to avoid legislative proposals that could hamper this nascent recovery by injecting significant additional risk, uncertainty, and complexity into the recorded music business.”

According to the RIAA it would be costly for streaming services credit everyone who’s involved in the creative process. In addition, they simply might not have the screen real estate to pull this off.

“If a statutory attribution right suddenly required these services to provide attribution to others involved in the creative process, that would presumably require costly changes to their user interfaces and push them up against the size limitations of their display screens.”

This means less money for the artists and more clutter on the screen, according to the music group. Music fans probably wouldn’t want to see the list of everyone who worked on a song anyway, they claim.

“To continue growing, streaming services must provide a compelling product to consumers. Providing a long list of on-screen attributions would not make for an engaging or useful experience for consumers,” RIAA writes.

The streaming example is just one of the many issues that may arise, in the eyes of the record labels. They also expect problems with tracks that are played on the radio, or in commercials, where full credits are rarely given.

Interestingly, many of the artists the RIAA claims to represent don’t agree with the group’s comments.

Music Creators North America and The Future of Music Coalition, for example, believe that artists should have statutory moral rights. The latter group argues that, currently, small artists are often powerless against large corporations.

“Moral rights would serve to alleviate the powerlessness faced by creators who often must relinquish their copyright to make a living from their work. These creators should still be provided some right of attribution and integrity as these affect a creator’s reputation and ultimately livelihood.”

The Future of Music Coalition disagrees with the paternalistic perspective that the public isn’t interested in detailed information about the creators of music.

“While interest levels may vary, a significant portion of the public has a great interest in understanding who exactly contributed to the creation works of art which they admire,” they write (pdf).

Knowing who’s involved requires attribution, so it’s crucial that this information becomes available, they argue.

“Music enthusiasts revel in the details of music they adore, but when care is not taken to document and preserve that information, those details can often lost over time and eventually unattainable.”

“To argue that the public generally has a homogenously disinterested opinion of creators is insulting both to the public and to creators,” The Future of Music Coalition adds.

The above shows that the rights of artists are clearly not always aligned with the interests of record labels.

Interestingly, the RIAA and MPAA do agree with major tech companies and civil rights groups such as EFF and Public Knowledge. These are also against new moral rights, albeit for different reasons.

It’s now up to the U.S. Copyright Office to determine if change is indeed required, or if everything will remain the same.

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

Girl Busted For Pirating ‘Chicken Run’ Provides Food For Thought

dimanche 21 mai 2017 à 12:51

This past Thursday the BBC published an article about Gianna Mulville-Zanetta, a first year Social Policy student at Bristol University in the UK.

After getting caught downloading the stop-motion comedy-drama film Chicken Run using BitTorrent, the 18-year-old reportedly felt the wrath of the university’s IT department.

“I completely forgot I had downloaded it,” Gianna told the BBC.

“I got an email the day after I watched it on Netflix with my friend saying I had been removed from Eduroam – which is our wifi. It took about a day or more to download and that’s why I forgot I had it, it took forever.”

For her sins, Gianna was blocked from using the university’s wifi for 20 days, a period that coincided with her exams. With access to a 4G connection she says the ban didn’t affect her studies but of course, the potential for chaos was certainly there.

There appears to be no doubt that Gianna committed an infringement. However, that someone who prefers to watch something legally on Netflix gets caught up in something like this is pretty disappointing. But not a complete surprise.

Chicken Run was released in 2000 but only 12 years later did it appear on UK Netflix. According to New on Netflix, it was withdrawn from Netflix during November 2013, put back on two years later in 2015, removed a year later in 2016, and was only re-added on May 1 this year.

Considering the BBC states that the Chicken Run affair “has ruined much of May for Gianna”, the ban must’ve kicked in early this month. That means that Chicken Run was either not on UK Netflix when Gianna decided on her download, or had only been there for a day or two. Either way, if there had been less yo-yo’ing of its availability on Netflix, it’s possible this whole affair could’ve been completely avoided.

Moving on, the BBC article states that Gianna was “caught out by the university’s IT department.” Student newspaper The Tab makes a similar assumption, claiming that Gianna was “busted by an elite team of University IT technicians.”

However, those familiar with these issues will know that the ‘blame’ should be placed elsewhere, i.e., on rightsholders who are filing complaints directly with the university. The tactic is certainly an interesting one.

Despite there being dozens of residential ISPs the copyright holders could focus on, they choose not to do so outside the limited scope of the Get it Right campaign instead. Knowing that universities come down hard on students seems like a motivating factor here, one that students should be aware of.

The Tab went on to publish a screenshot of the complaint received by Gianna. It’s incomplete, but it contains information that allows us to investigate further.

The note that Gianna’s connection had been suspended to prevent the IT department from “receiving further complaints” is a dead giveaway of rightsholder involvement. But, further down is an even clearer clue that the complaint was made by someone outside the university.

The format used in the complaint is identical to that used by US and Australia-based anti-piracy outfit IP-Echelon. The company is known to work with Paramount Pictures who own the rights to Chicken Run.

In fact, if one searches the filesize referenced in the infringement notice (572,221,548), it’s possible to find an identical complaint processed by VPN service Proxy.sh.

Another Chicken Run complaint

Given the file size, we can further deduce that Gianna downloaded a 720p BrRip of Chicken Run that was placed online by now defunct release team/torrent site YIFY, which has also been referenced in a number of complaints sent to Google.

So what can we conclude from these series of events?

First of all, with less messing around by Paramount and/or Netflix, Gianna might have gone to Netflix first, having seen it previously in the listings on the platform. As it goes, it had been absent for months, having been pulled from the service at least twice before.

Second, we know that at least one person who chose to pirate Chicken Run avoided Gianna’s predicament by using a VPN service. While Gianna found herself disconnected, the VPN user walked away completely unscathed, with Paramount and IP-Echelon complaining to the VPN service and that being the end of the matter.

Third, allowing your real name and a copy of a copyright infringement complaint to be published alongside a confession is a risky business. While IP-Echelon isn’t known for pressuring people to pay settlements in the UK, the situation could have been very different if a copyright troll was involved.

Fourth, we can also conclude that while it’s believed that older content is safer to download, this story suggests otherwise. Chicken Run was released 17 years ago and is still being monitored by rightsholders.

Finally, stories of students getting banned from university Internet access are relatively commonplace in the United States, but the same out of the UK is extremely rare.

In fact, we’re not aware of such exclusions happening on a regular basis anywhere in the region, although Gianna told the BBC that she knows another person who is still being denied access to the Internet for downloading Shrek, another relatively ancient film.

That raises the possibility that some copyright holders have seriously begun targeting universities in the UK. If that’s the case, one has to question what has more value – uninterrupted Internet access while on campus or a movie download.

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

Fake ‘Pirates Of The Caribbean’ Leaks Troll Pirates and Reporters

samedi 20 mai 2017 à 21:51

Earlier this week, news broke that Disney was being extorted by hackers who were threatening to release an upcoming film, reportedly ‘Pirates of the Caribbean: Dead Men Tell No Tales.’

This prompted pirates and reporters to watch torrent sites for copies of the film, and after a few hours the first torrents did indeed appear.

The initial torrent spotted by TF was just over 200MB, which is pretty small. As it turned out, the file was fake and linked to some kind of survey scam.

Fake torrents are quite common and even more so with highly anticipated releases like a “Pirates Of The Caribbean” leak.

Soon after the fist fake, another one followed, this one carrying the name of movie distribution group ETRG. After the first people downloaded a copy, it quickly became clear that this was spam as well, and the torrent was swiftly removed from The Pirate Bay.

Unfortunately, however, some reporters confused the fake releases with the real deal. Without verifying the actual content of the files, news reports claimed that Pirates Of The Caribbean had indeed leaked.

“Hackers Dump Pirates of the Caribbean On Torrent Sites Ahead of Premiere,” Softpedia reported, followed by the award-winning security blogger Graham Cluley who wrote that the “New Pirates of the Caribbean movie leaked online.”

Leaks? (via Softpedia)

The latter was also quick to point to a likely source of the leak. Hacker group The Dark Overlord was cited as the prime candidate, even though there were no signs linking it to the leak in question. This is off for a group that regularly takes full public credit for its achievements.

News site Fossbytes also appeared confident that The Dark Overlord was behind the reported (but fake) leaks, pretty much stating it as fact.

“The much-awaited Disney movie Pirates Of The Caribbean 5 Dead Men Tell No Tales was compromised by a hacker group called TheDarkOverlord,” the site reported.

Things got more confusing when the torrent files in question disappeared from The Pirate Bay. In reality, moderators simply removed the spam, as they usually do, but the reporters weren’t convinced and speculated that the ‘hackers’ could have reuploaded the files elsewhere.

A few hours later another ‘leak’ appeared on The Pirate Bay, confirming these alleged suspicions. This time it was a 54GB file which actually had “DARK-OVERL” in the title.

DARK-OVERL!!!

Soon after the torrent appeared online someone added a spam comment suggesting that it had a decent quality. One of the reporters picked this up and wrote that “comments indicate the quality is quite high.”

Again, at this point, none of the reporters had verified that the leaks were real. Still, the news spread further and further.

TorrentFreak also kept an eye on the developments and reached out to a source who said he’d obtained a copy of the 54GB release. This pirate was curious, but didn’t get what he was hoping for.

The file in question did indeed contain video material, he informed us. However, instead of an unreleased copy of the Pirates Of The Caribbean 5, he says he got several copies of an animation movie – Trolls…..

“Turns out, the iso contains a couple of .rar files that house a bunch of Trolls DVDs. I hope everyone learned their lesson, if it’s too good to be true it probably is.”

Indeed it is.

In the spirit of this article we have to stress that we didn’t verify the contents of the (now deleted) “Trolls” torrent ourselves. However, it’s clear that the fake leaks trolled several writers and pirates.

We reached out to Softpedia reporter Gabriela Vatu and Graham Cluley, who were both very receptive to our concerns and updated the initial articles to state that the leaks were not verified.

Let’s hope that this will stop the rumors from spreading any further.

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