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WebHost Owner Cleared of Aiding Torrent Site Piracy

samedi 23 mai 2015 à 11:25

pirate bay flagFollowing a complaint from Swedish anti-piracy group Antipiratbyrån, in November 2011 police carried out raids in two locations against private torrent site TTi, aka The Internationals.

In one location police targeted site owner Joel Larsson. In another, Patrik Lagerman, boss of web-hosting firm PatrikWeb, the company providing hosting for the torrent site.

The case against Larsson centered around the unlawful distribution of copyrighted video content by his site’s users. Lagerman was accused of aiding that infringement after he refused to take the site down following a request (not backed by a court order) from Antipiratbyrån.

The case dragged on for more than three and a half years but concluded earlier this month. The judgment was handed down yesterday and its one of mixed fortunes.

Larsson previously admitted to being the operator of TTi and also the person who accepted donations from site members, an amount equivalent to around US$12,000. He also insisted that he never controlled the content shared by his site’s users.

In its judgment, however, the court noted that files found on a confiscated PC revealed details of meetings with site staff indicating that Larsson fully understood that the site was involved in the exchange of infringing content.

The Court found Larsson guilty of copyright infringement and sentenced him to 90 hours community service. If prison had been suggested by the prosecutor he would have served three months.

The Court also seized several servers connected with the site but rejected a prosecution claim for the forfeiture of $12,000 in site donations after it was determined Larsson spent the same amount keeping the site running.

For Patrik Lagerman, the site’s host, things went much better. Despite finding that Lagerman had indeed been involved in the site’s operations by providing hosting and infrastructure, he was deemed not negligent for his refusal to take down the site without a court order. He was acquitted on all charges.

Commenting on the judgment, Sara Lindbäck at Rights Alliance told TorrentFreak that getting a conviction was the important thing in this case.

“The person responsible for the illegal service was found guilty. That is the important part in the ruling. The illegal services are causing tremendous damages to the rights holders,” Lindbäck said.

“In this case the person had also received substantial amounts in donations, in other words receiving money for content that somebody else has created.”

Speaking on Lagerman’s acquittal, Lindbäck acknowledged that the situation had been less straightforward.

“Regarding the hosting provider, the court did not find him responsible for copyright infringement. The legal aspects to the responsibility for hosting providers is of course interesting legally. We will now analyze the ruling further and see what consequences it can have in the future.”

Rights Alliance did not reveal whether it intends to appeal, but considering the amount of time already passed since the arrests in 2011, that seems unlikely.

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

Google: Targeting Downloaders Not The Best Solution to Fight Piracy

vendredi 22 mai 2015 à 23:05

google-bayIn recent years it has become more common for copyright holders to include settlement offers in the takedown notices that are sent to Internet providers.

While most large ISPs prefer not to forward these demands, Google Fiber decided it would.

A few days ago we highlighted the issue in an article. Before publication we reached out to Google for a comment, but initially the company didn’t reply. Now, a week after our first inquiry Google has sent a response.

Google explains that it’s forwarding the entire takedown notice including the settlement offers in an effort to be as transparent as it can be.

“When Google Fiber receives a copyright complaint about an account, we pass along all of the information we receive to the account holder so that they’re aware of it and can determine the response that’s best for their situation,” a Google spokesperson tells TF.

This suggests that the transparency is seen by Google as more important than protecting customers against threatening and sometimes inaccurate notices. Overall, however, Google notes that targeting pirates directly is not the best solution to deal with the issue.

“Although we think there are better solutions to fighting piracy than targeting individual downloaders, we want to be transparent with our customers,” Google’s spokesperson adds.

Google doesn’t say what these better options are, but previously the company noted that piracy is mainly a pricing and availability problem.

While transparency is often a good thing, in this case it doesn’t necessarily help Google Fiber customers. After receiving the notice they can either pay up or ignore it. If they choose the latter generally nothing happens, but recent history shows that there’s a legal risk involved.

Last week the news broke that Rotten Records, one of the companies which sends settlement requests to ISPs, sued Comcast subscribers for ignoring these infringement notices.

With the possibility of false accusations, it would probably be in the customers’ best interest if ISPs ignored the notices entirely, which some do.

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

Pirate Bay Loses New Domain Name, Hydra Lives On

vendredi 22 mai 2015 à 17:45

tpbhydraxEarlier this week the Stockholm District Court ordered the Pirate Bay’s .SE domains to be handed over to the Swedish state, arguing that they were linked to copyright crimes.

The Pirate Bay was fully prepared for the negative outcome and quickly redirected its visitors to six new domain names.

Since then the site has been accessible through the GS, LA, VG, AM, MN and GD domain names, without even a second of downtime.

Marking the change The Pirate Bay updated its logo to the familiar Hydra logo, linking a TLD to each of the heads. However, we can now reveal that one head has already been chopped off.

The site’s .GS domain name has been suspended by the registry, and ThePirateBay.gs is now listed as “ServerHold” and “Inactive.”

The Pirate Bay informs us that the .GS domain has indeed been lost, which didn’t come as a complete shock. In fact, one of the reasons to move to six domains was to see which ones would hold up.

“We have more domain names behind, if needed. We are stronger than ever and will defend the site to the end,” the TPB team tells us.

At this point it’s unclear for how long the other domain names will remain available. Hoping to find out more, we reached out to the respective registries to discover their policies on domains being operated by The Pirate Bay.

The Mongolian .MN registry informs TF that they will process potential complaints through ICANN’s Dispute Resolution Policy, suggesting that they will not take any voluntary action.

The VG Registry referred us to their terms and conditions, specifically sections 3.4 and 7.2, which allow for an immediate termination or suspension if a domain infringes on the rights of third parties. However, it could not comment on this specific case.

“We will review any complaint and act accordingly. Please understand that we cannot make any predictions based on theoretical options,” a VG Registry spokesperson says.

It won’t be a big surprise if several more Pirate Bay domain names are suspended during the days and weeks to come. That’s a Whac-A-Mole game the site’s operators are all too familiar with now, but one that won’t bring the site to its knees.

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

Supergirl Pilot Leaks to Torrent Sites, Six Months Early

vendredi 22 mai 2015 à 12:36

supergirlAfter making an appearance as far back as 1958, Supergirl was intended to be a female counterpart to DC Comics’ Superman who first appeared 20 years earlier. While successful in her own right, she never quite reached the dizzy heights of the Clark Kent-based character.

This yeah, however, the world is braced for the return of Supergirl in a new CBS TV series. Featuring Melissa Benoist (Glee, Homeland, Law and Order) as Kara Zor-El, an alien who has hidden her powers since escaping from Krypton, the show will see her transform into Supergirl and “the superhero she was meant to be.”

After a commitment in September 2014, the series was officially picked up by CBS earlier this month. The pilot was scheduled to debut in November, but those plans have now massively unraveled after the episode leaked online, six months earlier than its planned debut.

Two ‘Scene’ release groups – DIMENSION and LOL – competed to premiere the title first this morning, with the latter beating the former by around 90 seconds. LOL’s version is a convenient 400mb so likely to become the most sought after copy. On the other hand DIMENSION’s is more than 15 times the size, but for 1080p connoisseurs it’ll be worth the wait.[Note: As some have pointed out, the two groups are connected, one releasing SD and the other HD]

Although it’s certainly possible that the pilot contains hidden watermarks, as far as visible identifiers go the 46 minute episode looks very clean. As illustrated by the image below, there are no tell-tale ‘property of’ warnings that are regularly seen on ‘screener’ copies of leaked movies.

supergirl-ss

The leak of the pilot came as a complete surprise a couple of hours ago so download stats on BitTorrent sites are a currently quite modest 25,000 or so. However, given the anticipated media snowball effect during the day the number of downloads is likely to increase dramatically, probably to more than a quarter million by this time tomorrow.

The Supergirl leak comes just weeks after the first four episodes of the new series of Game of Thrones leaked online. That event triggered a piracy crazy that continues to this day.

Whether more episodes of Supergirl will leak online in the days to come is unknown but in any event it seems likely that CBS will try to stem the current tide. The company is a prolific sender of DMCA takedown notices and regularly sends more than 100,000 each week to Google alone.

Update: Another pilot has leaked, this time of the forthcoming NBC TV series ‘Crowded‘. Leaked by the same groups (LOL and DIMENSION, which are connected) it is available in qualities up to 1080p. It runs for 22 minutes.

Supergirl trailer

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

Pirate Domain Seizures Are Easy in the United States

jeudi 21 mai 2015 à 18:38

court1-featuredOne the biggest piracy-related stories of the year broke this week after Swedish authorities succeeded in their quest to take over two key Pirate Bay domains.

The court order, handed down Tuesday, will see ThePirateBay.se and PirateBay.se fall under the control of the Swedish government, provided no appeal is filed in the coming weeks. It’s been a long and drawn out process but given the site’s history, one with an almost inevitable outcome.

Over in the United States and spurred on by ‘rogue’ sites such as TPB, much attention has been focused on depriving ‘pirate’ sites of their essential infrastructure, domains included. Just last week the MPAA and RIAA appeared before the House Judiciary Committee’s Internet subcommittee complaining that ICANN isn’t doing enough to deal with infringing domains.

Of course, having ICANN quickly suspend domains would be convenient, but entertainment industry groups aren’t completely helpless. In fact, yet another complaint filed in the United States by TV company ABS-CBN shows how easily it is to take control of allegedly infringing domains.

The architect of several recent copyright infringement complaints, in its latest action ABS-CBN requested assistance from the United States District Court for the Southern District of Florida.

The TV company complained that eleven sites (listed below) have been infringing its rights by offering content without permission. To protect its business moving forward ABS-CBN requested an immediate restraining order and after an ex parte hearing, District Court Judge William P. Dimitrouleas was happy to oblige.

In an order (pdf) handed down May 15 (one day after the complaint was filed) Judge Dimitrouleas acknowledges that the sites unlawfully “advertised, promoted, offered for distribution, distributed or performed” copyrighted works while infringing on ABS-CBN trademarks. He further accepted that the sites were likely to continue their infringement and cause “irreparable injury” to the TV company in the absence of protection by the Court.

Granting a temporary order (which will become preliminary and then permanent in the absence of any defense by the sites in question) the Judge restrained the site operators from further infringing on ABS-CBN copyrights and trademarks. However, it is the domain element that provokes the most interest.

In addition to ordering the sites’ operators not to transfer any domains until the Court advises, Judge Dimitrouleas ordered the registrars of the domains to transfer their certificates to ABS-CBN’s counsel. Registrars must then lock the domains and inform their registrants what has taken place.

Furthermore, the Whois privacy protection services active on the domains and used to conceal registrant identities are ordered to hand over the site operators’ personal details to ABS-CBN so that the TV company is able to send a copy of the restraining order. If no active email address is present in Whois records, ABS-CBN is allowed to contact the defendants via their websites.

Once this stage is complete the domain registrars are ordered to transfer the domains to a new registrar of ABS-CBN’s choosing. However, if the registrars fail to act within 24 hours, the TLD registries (.COM etc) must take overriding action within five days.

The Court also ordered ABS-CBN’s registrar to redirect any visitors to the domains to a specific URL (http://servingnotice.com/BL4G47/index.html) which is supposed to contain a copy of the order. At the time of writing, however, that URL is non-functional.

Also of interest is how the Court locks down attempts to get the sites running again. In addition to expanding the restraining order to any new domains the site operators may choose to move to, the Court grants ABS-CBN access to Google Webmaster Tools so that the company may “cancel any redirection of the domains that have been entered there by Defendants which redirect traffic to the counterfeit operations to a new domain name or website.”

The domains affected are: freepinoychannel.com, lambingan.to, pinoymovie.to, pinoynetwork.to, pinoytambayan-replay.com, pinoytambayantv.com, tambaytayo.com, tvnijuan.net, phstream.com, streampinoy.info and tambayanatin.com.

Despite the order having been issued last Thursday, at the time of writing all but one of the domains remains operational. Furthermore, and in an interesting twist, pinoymovie.to and pinoynetwork.to have already skipped to fresh domains operated by none other than the Swedish administered .SE registry.

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