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Dallas Buyers Club Wants to Interrogate Suspected Pirates

jeudi 20 août 2015 à 19:42

dallasThe makers of Dallas Buyers Club have sued hundreds of BitTorrent users over the past year.

Many of these cases end up being settled for an undisclosed amount. This usually happens after the filmmakers obtain the identity of the Internet account holder believed to have pirated the movie.

Not all alleged downloaders are eager to pay up though. In fact, many don’t respond to the settlement letters they receive or claim that someone else must have downloaded the film using their connection.

In a recent court filing (pdf) at a Washington District Court the filmmakers explain the efforts they undertake to ensure that the right person is accused. This includes gathering information from Facebook, LinkedIn and even Google Maps.

“Google address mapping and county records were investigated to confirm ownership/rental status of and residence at the property associated with the IP address, as well as observe the physical makeup and layout of the house and neighborhood to anticipate possible claims that a wireless signal was highjacked by someone outside of the residence,” the filmmakers explain.

The router security settings and download history of a specific connection are used as additional pieces of information to ensure that the alleged copyright infringements are systematic.

“Further, given the standard security measures imposed by ISPs to prevent unauthorized use of an IP address, the volume of piracy demonstrated over the extended observation period could not be the result of someone driving by, a temporary house guest or a hacker sitting in a car on the street.”

While the methods above are already quite invasive, Dallas Buyers Club now aims to take it up a notch.

In order to pinpoint the true pirates the movie studio wants to depose 15 account holders. This means that they will have to testify under oath for up to two hours and face a grilling from the studio’s legal team.

This is the first time that we’ve seen a request for a deposition in a Dallas Buyers Club case. Needless to say, a testimony under oath can be quite intimidating, and is highly unusual in these type of cases.

The account holders of IP-addresses linked to the pirated downloads have already been identified by the ISP. However, they failed to respond to the movie studio or denied that they had shared the film illegally.

Through a testimony under oath, the movie studio hopes to identify the true pirates, so they can be named in the lawsuit.

“DBC believes that further discovery is warranted to confirm which of any possible occupants of the physical address assigned the infringing IP address is the proper Doe defendant to be named in the case,” they note.

The filmmakers suspect that some of the subscribers are the actual infringers, but it’s possible that they’re covering for someone else, such as a roommate or spouse.

“A subscriber should not be allowed to shield, immunize and anonymize those they allow to use their Internet service from liability for intentional torts. The subscriber is the single best and perhaps only source of information as to the responsible party using its IP address.”

According to the filmmakers the depositions will result in a reduction of legal expenses while guaranteeing the anonymity of the defendants.

However, more critical observers may also note that it is an optimal tool to pressure ISP subscribers who choose to ignore settlement requests and other threats.

At the time of writing the court has yet to rule on the discovery request.

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

Indonesia Blocks The Pirate Bay, IsoHunt, Others

jeudi 20 août 2015 à 10:32

tpbAfter being accused of doing little to stop piracy both on and offline, in 2009 Indonesia was placed on the USTR’s Priority Watch List for failing to protect US intellectual property rights.

In 2011 the Indonesian government announced that it would begin to take tough measures, including having local ISPs block the most-visited sites.

“The plan is to block famous sites, like 4shared for example,” Communication Minister Tifatul Sembiring said at the time.

Four years later (and after blocking sites including Reddit, Imgur and Vimeo on decency grounds) Indonesia is finally taking action against sites that infringe copyrights.

Following the signing last month of a Joint Ministerial Decree intended to protect film producers, the Ministry of Communications and Information Technology has ordered almost two dozen domains to be blocked at the ISP level.

While there is a nod to U.S. concerns with a blockade of both ThePirateBay.se and Isohunt.to, the remainder (list below) are sites frequented mainly by locals. 4shared is not among them.

Certainly, the tone of the government’s announcement during a press conference this week indicated that local producer interests are behind the blocking order. Famous (and outstanding) martial arts movies The Raid and The Raid 2 were mentioned specifically.

“What is offered in the virtual world is not according to the law. In order to protect the intellectual property rights of our art we must block these sites,” said Rudiantara, Minister of Communications and Information Technology.

“The government wants to protect the work of artists in Indonesia. The damage suffered by the creators of content in Indonesia has been great.”

According to Director General of Intellectual Property, Ahmad M. Ramli, future complaints will be sent to him and will be actioned within 24 hours. Protection of movies will be the priority.

“The most at risk of piracy and violations of intellectual property rights on the internet are movies. If songs are heard [people will listen to them again], but if a downloaded movie is viewed, then people won’t watch them anymore,” Ramli said.

Minister of Human Rights and Justice, Yasonna Laoly, said that action needed to be taken but due to the elusive nature of site owners, blocking was the only solution.

“It’s really not good for industrial development and innovation in the film industry, music industry, and with respect to copyright. This is our creative economy,” the minister said.

“We are taking care of the websites because finding the people behind the websites is complicated. We do not know where to find them.”

Some of the domains on the blocklist are now down internationally too, although the reasons for that remain unclear.

In the meantime (and alongside Algeria, Argentina, Chile, China, Ecuador, India, Kuwait, Pakistan, Russia, Thailand, Ukraine, and Venezuela), Indonesia remains on the USTR’s Priority Watch List 2015.

The full list of blocked domains is: Ganool.com, Nontonmovie.com, Bioskops.com, Ganool.ca, Kilasan.to, Thepiratebay.se, Downloadfilmbaru.com, Ganool.co.id, 21filmcinema.com, Gudangfilm.caa.im, Movie76.com, Isohunt.to, Cinemaindo.net, Bioskop24.net, Ganool.in, Unduhfilm21.net, Bioskopkita.com, Downloadfilem.com, Comotin.net, Movie2k.ti, Unduhmovie.com and 21sinema.com.

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

Movie Studio Sues Popcorn Time Users In The U.S.

mercredi 19 août 2015 à 21:36

cobblerOver the past several years hundreds of thousands of Internet subscribers have been sued in the United States for allegedly sharing copyrighted material, mostly video.

The cases are generally targeted at “BitTorrent” users in general, not focusing on any client in particular.

However, this week the makers of the 2014 comedy “The Cobbler” decided to single out Popcorn Time users.

Popcorn Time also uses BitTorrent under the hood but unlike traditional clients it allows users to browse through a library of films and stream these from within the application.

Popcorn Time is by no means private as users connect to public BitTorrent swarms, which makes it easy for monitoring firms and copyright holders to track down pirates.

This also happened to 11 Popcorn Time users who allegedly viewed and shared “The Cobbler.” The makers of the movie filed a complaint (pdf) at a Oregon District Court requesting a subpoena to compel Comcast to hand over the personal details of the associated account holders.

“Each defendant’s IP address has been observed and confirmed as both viewing and distributing plaintiff’s motion picture through Popcorn Time,” the complaint explains.

The Popcorn Time defendants

popcob

The reason for singling out Popcorn Time users is unclear. The same filmmakers have launched lawsuits against BitTorrent users before, but they may believe that the infringing image of Popcorn Time bolsters their case.

“Popcorn Time exists for one purpose and one purpose only: to steal copyrighted content,” they write, adding that the defendants should have been well aware of this.

The Popcorn Time website and application repeatedly informs users that its use may be against the law. For example, the Popcorn Time website has a clear warning on its homepage and in the FAQ.

“Without a doubt, each user of Popcorn Time is provided multiple notices that they are downloading and installing software for the express purpose of committing theft and contributing the ability of others to commit theft by furthering the Bit Torrent piracy network,” the complaint explains.

Popcorn Time warning

popwarning

The filmmakers demand a permanent injunction against the defendants ordering them to stop pirating their movies. In addition, they request statutory damages of up to $150,000.

In reality, however, they are likely to approach the defendants for a settlement offer of a few thousands dollars, as is common in these type of “copyright troll” cases.

The developers of the Popcorn Time app that was targeted inform TF that users are indeed repeatedly warned that using their application to download pirated films can lead to legal trouble.

“Popcorn Time isn’t illegal. However, the use people make of the application can be illegal, depending on their country and local laws,” they tell TF.

“You’d think with all our warnings, the anti-piracy laws, the explanations given in the media and the common sense, users would be aware of their actions by now. Pinning a a ‘Popcorn Time’ label over such a lawsuit seems a little inflated,” they add.

The Court has yet to issue an order following the subpoena request. Based on previous cases the account holders connected to the 11 IP-addresses listed above can expect a settlement offer in the mail soon.

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

Rightscorp’s DMCA Subpoena Effort Crashes and Burns

mercredi 19 août 2015 à 16:03

In an effort to unmask file-sharers’ identities on behalf of clients including Warner Bros. and BMG, last year anti-piracy company Rightscorp began sending DMCA subpoenas to dozens of smaller ISPs in the United States.

The practice proved controversial. Although several ISPs complied with the anti-piracy company’s demands, DMCA subpoenas aren’t considered applicable in file-sharing cases, not least since they can by signed by a court clerk and are not reviewed by a judge.

In 2014, Rightscorp targeted ISP CBeyond with such a subpoena, but parent company Birch Communications refused to compromise the security of its customers. The company filed a motion to quash the subpoena arguing that Rightscorp was on privacy-invading fishing expedition.

In May, Birch Communications celebrated victory.

“CBeyond contends that the section does not apply to service providers that act only as a conduit for data transferred between other parties and that do not store data. The court agrees,” wrote Magistrate Judge Janet King in her ruling.

But for Rightscorp the matter wasn’t over. The company took the case to appeal in the hope of a better result, but that effort has now ended in another defeat for the struggling anti-piracy outfit.

In a statement sent to TorrentFreak, Tim Phelps, Director of Marketing Communications at Birch, reveals what happened.

“The DMCA did not provide any basis to require an Internet Service Provider in Birch’s position to open its files to private litigants,” Phelps explains.

“Rightscorp dropped its appeal of the May 2015 decision and the Court issued an entry of dismissal in the case.”

Christopher Bunce, Birch Senior Vice President and General Counsel, says that the company examines all applications for personal information and deals with them strictly in accordance with the law.

“Birch scrutinizes every demand from both private parties and the government, complying only with properly served subpoenas, warrants and court orders, refusing to comply with demands such as those served by Rightscorp, and always maintaining an eye toward protecting our customers’ interests,” Bunce says.

The tough stance taken by Birch in defense of customer privacy is not only to be commended but should also be noted by other ISPs. The Rightscorp case shows that companies are prepared to seek confidential data by inappropriate means and should be confronted whenever possible.

The outcome of this case represents yet another blow to Rightscorp, who recently revealed they are still hemorrhaging cash following yet another disappointing set of results.

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

Police Arrest Men For Spreading Popcorn Time Information

mercredi 19 août 2015 à 11:24

popcorntMore than a year after its 2014 launch and the popularity of the now famous Popcorn Time video streaming application is showing no signs of fading away.

However, since millions of people use the various forks of the software every day, Popcorn Time is increasingly attracting the attention of copyright holders, anti-piracy groups and law enforcement agencies.

While neither of the main forks have yet been targeted, others around them are feeling the heat. In fact, the latest news coming out of Denmark suggests that the authorities are even prepared to hit those barely on the perimeter.

Following a court order dated June, local police report that yesterday morning they arrested two men in their thirties said to be the operators of a pair of Popcorn Time related websites. Popcorntime.dk and Popcorn-time.dk have now been shut down, with their domains placed under the control of the state prosecutor.

“The Danish State Prosecutor for Serious Economic and International Crime is presently conducting a criminal investigation that involves this domain name,” reads the seizure notice.

“As part of the investigation the state prosecutor has requested a Danish District Court to transfer the rights of the domain name to the state prosecutor. The District Court has complied with the request.”

While arrests of file-sharers and those running sites that closely facilitate infringement are nothing new, this week’s arrests appear to go way beyond anything seen before. The two men are not connected to the development of Popcorn Time and have not been offering copyrighted content for download.

Both sites were information resources, offering recent news on Popcorn Time related developments, guides, FAQ sections and tips on how to use the software. The screenshot below shows PopcornTime.dk.

popcorndk

Those looking for a clearer (and live) idea of what the site looked like before it was taken down should check out getpopcorntime.co.uk, which was previously promoted by PopcornTime.dk as an English language version of their site.

Importantly, neither site hosted the Popcorn Time software, instead choosing to link to other sites where the application could be downloaded instead. Nevertheless, this doesn’t appear to have saved them from the Danish authorities.

Both men stand accused of distributing knowledge and guides on how to obtain illegal content online and are reported to have confessed.

In fact, according to court documents the pair are suspected of such gross violations of copyright law that they could warrant punishment under section 299b of the penal code – offenses which carry a maximum prison term of six years.

Inspector Michael Hellensberg from the Danish police Fraud Squad told local media that the case is a significant one in a number of respects.

“The case is important because, firstly, it shows that [site operators] can be revealed by the police. This has consequences and it also conveys the message that this behavior is illegal,” Hellensberg said.

“Thus there is hopefully a deterrent effect against feeling confident that you can sit wherever you want and try to implement such things.”

Earlier this year, six websites setup as Popcorn Time “fan pages” were shut down by anti-piracy outfit BREIN. None were affiliated with the official project and all reached a financial settlement with the group.

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