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Fan-Funded Star Trek Film Claims Fair Use as Defense

mardi 22 novembre 2016 à 11:22

axanarEarlier this year Paramount Pictures and CBS Studios filed a lawsuit against the makers of a Star Trek inspired fan film, accusing them of copyright infringement.

The dispute centers around the well-received short film Star Trek: Prelude to Axanar and the planned follow-up feature film Axanar.

Among other things, the Star Trek rightsholders claim ownership over various Star Trek related settings, characters, species, clothing, colors, shapes, words, short phrases and even the Klingon language.

After some confusion about a possible early settlement, based on comments made by J. J. Abrams, the case is far from over. A trial is scheduled for early next year which means that the ultimate decision may lay in the hands of a jury.

Hoping to have a decision on some of the crucial matters, before the trial starts, both parties submitted a motion for summary judgment to the court.

The Axanar team argues that their films are not infringing Star Trek copyrights. One of the main reasons, according to the makers, is that it clearly fall under fair use.

The fan-films are not in direct competition with other Star Trek works, they note. Instead, Paramount Pictures’ and CBS Studios’ own Star Trek films may benefit from the hype.

“Plaintiffs have not and will not suffer any market harm as a result of the creation and distribution of Defendants’ Works. Instead, these works offer free promotional value to Plaintiffs,” Axanar writes.

“The works are not intended to be commercialized, and will not be competing against Plaintiffs’ Works in movie theaters or otherwise sold for profit,” they add.

The Axanar team notes that their films are transformative and non-commercial in nature, and therefore not infringing. In addition, they stress that they do not use substantial portions of other copyrighted Star Trek films.

“Most notably, the entire plotline and characters in the unfinished Potential Fan Film scripts are original, except for the limited number of characters that come from the obscure edges of the Star Trek Universe.”

As an example of originality the Axanar team highlights that the forthcoming film, which is still unfinished, uses 50 original characters of a total 57 characters.

In determining whether fair use applies, original works that are still unpublished tend to get broader protection. However, according to the Axanar team that is clearly not the case here.

“The allegedly infringed works have been publicized over the course of the last fifty years, thus weighing this factor in favor of Defendants,” they write.

Overall, the Axanar team states that the totality of circumstances supports fair use and they hope the court will agree.

Paramount Pictures and CBS Studios clearly disagree. In their motion for summary judgment they ask the court to rule that the Axanar works are infringing, arguing that fair use doesn’t apply.

“It is beyond dispute that Defendants’ works were not created for purposes of criticism, comment, news reporting, or teaching. Similarly, the Axanar Works do not constitute either parody or satire, and (prior to this lawsuit) Defendants never claimed they were.

“Indeed, Defendants expressly set out to create an authentic and ‘independent Star Trek film’ that stayed true to Star Trek canon down to excruciating details,” the studios add.

The court will now have to review both summary motions and is likely to issue its final rulings in the weeks to come.



Axanar’s motion for default judgment is available here (pdf), and a copy of the Paramount Pictures and CBS Studios can be found here (pdf).

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

Surprise! Aussie Internet Pirates Are The Best Customers

lundi 21 novembre 2016 à 22:36

piratkeybFor years, Australian citizens have been subjected to intense criticism over their eager consumption of unauthorized content. Anti-piracy groups have insisted that Aussies simply don’t want to pay, but anecdotal evidence suggested otherwise.

Many of those frequenting torrent, streaming, and similar portals have often stated their motivations in different terms. Content providers treat Aussies as second class citizens, they argue, debuting material later, less conveniently, and at increased cost.

More recently, however, the situation has been improving and new research from the government suggests that when people are presented with sensible legal alternatives, they are prepared to give up, or at least reduce, their pirating ways.

Conducted on behalf of the Department of Communications and the Arts between January and March 2016, the survey sampled 2,400 people aged 12 and up. It aimed to understand consumption of four types of online content – music, movies, TV shows, and video games. It also sought to understand attitudes to piracy, including the role pricing plays in media consumption.

As a starting point, the survey found that 6 out of 10 Internet users (62%) consumed at least one item of digital content during the period, up from 60% in the same period 2015.

While those volumes are relatively static, there was a difference in how that content was consumed. In 2015, 43% obtained content by downloading but in 2016 that had reduced to 39%. Despite it being the most popular download category overall, the largest drops were witnessed in the music sector, from 29% last year to 26% in 2016.

Streaming, on the other hand, increased from 54% to 57% year on year, with TV shows and movies making the biggest gains.

“The proportion of internet users who streamed TV programs increased from 34% to 38% (making TV the most commonly accessed content type via online streaming) and the proportion of internet users who streamed movies increased from 25% to 29%,” the report reads.

This year the most-consumed content were TV shows (41%, up from 38% in 2015), music (39%, down from 42% in 2015) and movies (33%) and video games (15%).

When all four content types were considered, the survey found that consumers streaming content on a weekly basis increased significantly, with 71% doing so for music and videos games, 55% for TV programs and 51% for movies.

YouTube remained the most popular services, followed by iTunes/Apple platforms. Unsurprisingly, Netflix is doing particularly well in third place.

“In 2016, 27% of consumers or sharers had used Netflix, up from 9% in 2015, and making it the third most popular service overall. The proportion using Netflix for movies increased from 16% in 2015 to 41% in 2016, and the percentage using Netflix for TV programs rose from 12% in 2015 to 31% in 2016, meaning it was the most popular service for both movies and TV programs,” the report reads.

Infringement

Of course, even while authorized content consumption continues to increase, there are still those who choose to frequent unauthorized sources. There has been another decrease this year and drilling down into the figures shows that the situation is far from the catastrophy painted by the entertainment industries.

“We estimate that, over the first 3 months of 2016, 23% of Australian internet users aged 12+ consumed at least one item of online content unlawfully, which equates to approximately 4.6 million people. This was a significant drop from the 26% who had consumed unlawful content in 2015,” the report reads.

However, in yet another blow to those who believe that genuine consumers and pirates are completely different and separate animals, the survey also reveals that millions of pirates are also consumers of legitimate content. In 2016, just 6% of Internet users exclusively obtained content from pirate sources.

aus-pirates

And there was improvement in other areas too. When the survey presents figures from Internet users who consumed content in the period (instead of just ‘all Internet users 12+’), 37% consumed at least one unlawful file, down from 43% in the same period in 2015. Using the same parameters, 9% consumed all of their files unlawfully, down from 12% in 2015.

Movies continued to be the most popular content on pirate networks, but there was a decrease this year over 2015.

“Although movies continued to have the highest rate of unlawful consumption amongst consumers in 2016 (39%), this had declined significantly from 48% in 2015, driven by a significant decline in the proportion consuming ‘100% unlawful’ content from 32% in 2015 down to 23% in 2016,” the survey reports.

“There were similar declines for music (in any unlawful consumption from 37% to 32%; in 100% unlawful consumption from 20% to 15%) and for TV programs (in any unlawful consumption from 33% to 26%; in 100% unlawful consumption from 21% to 15%). The rate of unlawful consumption for video games remained the same as in 2015, but was the lowest of the four content types.”

But while there have been improvements in a number of areas, the volume of content being consumed illegally is not coming down across the board. According to the report, an estimated 279m music tracks, 56m TV shows, 34m movies, and 5m video games were consumed in the three month period.

“This represented a drop in volumes for video games and TV programs but an increase for music and movies,” the report notes.

“Across all consumers of unlawful content, the median number of files downloaded or streamed unlawfully in the first three months of 2016 was 16, which matched the result from 2015. The median number of files downloaded or streamed without permission was highest for music (20 tracks – equivalent to two albums), followed by TV programs (7), movies (5) and video games (3), which were all broadly consistent with findings from 2015.”

However, despite their reputation for being terrible consumers, the majority of Internet pirates are again shown to be the industry’s best customers. In line with similar findings in Sweden recently, people who pirate some content are also more likely to pay.

“For each content type, those who consumed a mix of lawful and unlawful content spent more money over a 3 month period than those who consumed 100% of their content lawfully,” the survey found.

“This is comparable to the figures from 2015, and suggests that those who consume 100% of their content lawfully tend to consume less content (and hence spend less money) than those who consume a mix of lawful and unlawful content.”

Unsurprisingly, those who pirated everything spent the least money, but even they have something to offer.

“Since the majority of spend on music and movies was not from content purchases but from concerts and gigs and the cinema, those who consumed 100% of their content unlawfully still spent a substantial amount of money on music and movies. In contrast, they did not spend very much money on either video games or TV programmes.”

Motivations for using paid or illicit services

Half of the consumers cited convenience as the main reason to use paid services, with 39% citing speed. Wanting to support creators and not wanting to use pirate sites tied at 37% each but the former was down from 43% in 2015.

In line with 2015, pirates said their prime motivations for using infringing sites was due to the content being free (52%), convenient (44%) and quick (41%). However, convenience was down from 51% in 2015, with “try-before-you-buy” collapsing from 35% in 2015 to 24% in 2016.

How to make pirates stop

In line with 2015, 43% of infringers said that better pricing would be the factor that would be most likely to reduce their consumption of illicit content. Availability came second, with 35% complaining about content not being available in Australia at the same time as elsewhere, and 31% complaining about availability, period.

“Only 1 in 20 infringers (6%) said that nothing would make them stop, rising to 1 in 10 (10%) of those consuming 100% of their content unlawfully,” the report concludes.

The full report is available here (pdf)

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

Dreamhack Organizer Arrested in Torrent Site Crackdown

lundi 21 novembre 2016 à 15:44

raratWhile Rarat.org is relatively unknown in most countries, it gained local fame in Sweden as one of the top private trackers.

This ended abruptly a few weeks ago when the site’s homepage was replaced with a worrying message, indicating the site’s operators were in trouble.

“The week Rarat was subject to a search, seizure, and arrest. This follows a 2013 complaint from a film company that tracked down our PayPal payments. Damages in the millions of krona are feared. The site will now be closed.”

This weekend, Rights Alliance lawyer Henrik Pontén, who represents several copyright holders, informed DN that Nordisk Film, SF, and Disney filed a criminal complaint back in 2013.

Initially, there wasn’t much progress in the case. However, a breakthrough came when PayPal, with help from Rights Alliance, identified the person who received Rarat’s donations.

With this information in hand a special unit of Sweden’s Department of National Police Operations, NOA, managed track down one of the alleged operators of the torrent site.

Interestingly, this prime suspect is also one of the organizers of the winter edition of Dreamhack, the largest computer festival in the world. The upcoming Dreamhack event, which takes place in Jönköping, is expected to draw 50,000 computer and gaming fanatics.

Earlier this month the Dreamhack organizer was arrested and taken in for questioning on suspicion of copyright infringement. In addition, several computers were seized as evidence during a house search.

“The investigation is still at an early stage, and there could be more people involved. We will now carry out a cyber forensic investigation. The suspect has been released pending a possible prosecution,” a representative of Stockholm’s Public Prosecution Office told DN.

The alleged torrent site operator denies his involvement with the site but has been put on leave from work by Dreamhack, pending the investigation.

“I’m not worried. The police have the wrong person,” the man commented, noting that the Rarat site shut down while the police were interrogating him.

Rights Alliance lawyer Henrik Pontén says that the complaint lists five films. As a result, the total scale of the damages could reach 10 million Swedish krona, which is well over a million dollars.

—-

Header photo via Dreamhack.

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

KickassTorrents Defense: U.S. Indictment Remains Fatally Flawed

lundi 21 novembre 2016 à 11:27

kickasstorrents_500x500Last month the legal defense team of alleged KickassTorrents (KAT) owner Artem Vaulin asked the Illinois District Court to dismiss the criminal indictment, citing various flaws.

The U.S. responded not much later, arguing that the torrent site and its alleged operators are not as harmless as the defense portrayed them to be.

According to United States Attorney Zachary Fardon, KAT’s defense is downplaying the significance of “torrent” sites, which are more akin to flea markets for infringing movies, TV shows, games, music, and software.

In addition, the U.S. pointed out that Vaulin and his co-conspirators were also involved in separate direct-download and streaming sites including rolly.com, solarmovie.com,
and iwatchfilm.com.

In a new reply brief submitted late last week (pdf), the KAT defense team notes that the Government’s reply fails to address the fatal flaws they’ve pointed out in the indictment.

“The failure of the Response to address defendant’s showing of an improper indictment tacitly admits the impropriety,” they write, highlighting that many of the accusations are not criminal in nature or lacking vital details.

For example, KAT’s legal team notes that the Government fails to list any copyrighted works that were supposedly downloaded from “direct download” sites that were listed in the indictment.

In addition, the defense highlights that streaming is not a felony in the United States, and sharing a non-copyrighted torrent file is not a crime either. By suggesting otherwise, the Government is violating its own criminal guidelines.

“The general video streaming alleged in the indictment cannot be prosecuted as a felony. There is no crime of making available a torrent file. This prosecution violates guidelines set forth in a ‘Prosecuting IP Crimes Manual’ publically posted by the Department of Justice.”

“More fatal to the indictment – there are no facts alleged that such works were uploaded, stored, or downloaded from “direct download sites,” the defense teams adds.

The Government had countered KAT’s defense that secondary copyright infringement doesn’t exist under criminal law. However, according to the defense, many of the citations used are dated.

Instead, they point out that “aiding and abetting” was removed from criminal copyright law forty years ago. As such, torrent site operators should not be held liable for the potentially infringing actions of their users.

“In another attempt to criminalize torrent sites, the Response asserts a theory of ‘aiding and abetting,’ presenting various historical citations. But aiding and abetting was removed from the Copyright Act by Congress in 1976 thereby eliminating the crime.”

These and other errors should warrant a dismissal, KAT’s defense argues. In its current form, the indictment is bound to misinform the grand jury, and they hope that the court will see it the same way.

“In sum, the attempt to hold KAT’s overseas torrent sites as accessories to unspecified copyright crimes committed in unknown ways in the United States by unknown former KAT users is unprecedented and violates multiple constitutional prohibitions.

“The indictment is so permeated with improper legal theories and insufficient predicate facts to support the elements of felony criminal claims – from improperly conflating dot torrent files into direct criminal infringement to improperly alleging video streaming as a crime that it cannot be trusted that the grand jury was properly instructed with the correct law and legal principles to render a competent decision.”

It is now up to the Illinois District Court to decide how to move forward. The defense is hoping for an outright dismissal, while the U.S. wants to move forward.

Meanwhile, over in Poland alleged KAT operator Artem Vaulin has just had his detention extended. The court declined to release the Ukrainian on bail and ruled that he should remain in custody until mid-February.

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

Top 10 Most Pirated Movies of The Week – 11/21/16

lundi 21 novembre 2016 à 10:57

petesdragonThis week we have two newcomers in our chart.

War Dogs is the most downloaded movie.

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.

Ranking (last week) Movie IMDb Rating / Trailer
torrentfreak.com
1 (…) Pete’s Dragon 7.1 / trailer
2 (2) Jason Bourne 7.7 / trailer
3 (…) Snowden 7.4 / trailer
4 (7) Suicide Squad 6.7 / trailer
5 (1) War Dogs 7.2 / trailer
6 (6) The BFG 6.6 / trailer
7 (3) Doctor Strange (Cam/TS) 8.0 / trailer
8 (4) Miss Peregrine’s Home for Peculiar Children 7.0 / trailer
9 (5) Ouija: Origin of Evil 6.6 / trailer
10 (8) Mechanic Ressurection 5.7 / trailer

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