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MPAA Funds Pro-Copyright Scholars to Influence Politics

dimanche 3 mai 2015 à 19:15

mpaa-logoLast year the MPAA started a new grants program inviting academics to pitch their research proposals.

Researchers are being offered a $20,000 grant for projects that address various piracy related topics, including the impact of copyright law and the effectiveness of notice and takedown regimes.

Last month marked the silent start of a new round of grant applications for the fall of 2015.

There’s no public announcement but MPAA boss Chris Dodd previously said there’s a need for better and unbiased copyright related research to find out how recent developments are affecting the film industry.

“We need more and better research regarding the evolving role of copyright in society. The academic community can provide unbiased observations, data analysis, historical context and important revelations about how these changes are impacting the film industry…,” Dodd noted.

While Dodd’s comments about unbiased research are admirable, there also appears to be a hidden agenda which until now hasn’t seen the light of day.

In an email leaked in the Sony hack MPAA General Counsel Steven Fabrizio explains to the member studios that they’re soliciting pro-copyright papers. The April 2014 email further reveals that the MPAA hopes to identify pro-copyright scholars who can be used to influence future copyright policies.

“As you know, as one component of our Academic Outreach program, the MPAA is launching a global research grant program both to solicit pro-copyright academic research papers and to identify pro-copyright scholars who we can cultivate for further public advocacy,” Fabrizio writes.

Needless to say, soliciting pro-copyright papers and spotting pro-copyright scholars for public advocacy doesn’t sound very unbiased.

Perhaps for this reason the MPAA has decided not to publicize the initiative too much. There was no press release on the official site regarding the grants and it’s also unknown which scholars received last year’s grants.

While $20,000 is relatively modest, the MPAA is also funding scholars outside of the grant program with much more. Last November we revealed that the MPAA had donated over a million dollars to Carnegie Mellon University in support of its piracy research program.

Thus far the Carnegie Mellon team has published a few papers. Among other things the researchers found that the Megaupload shutdown worked, that piracy mostly hurts revenues, and that censoring search engine results can diminish piracy.

As expected, these results are now used by the MPAA as a lobbying tool to sway politicians and influence public policy.

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

Anti-Piracy Measures Putting Internet Users at Risk

dimanche 3 mai 2015 à 11:17

danger-p2pWhile it’s not entirely clear when the theory first appeared, the notion that cutting the head off one file-sharing site results in the creation of several others has been in circulation for many years.

The analogy, regularly referred to as the file-sharing ‘hydra’, is often deployed in response to action taken by entertainment companies and local authorities. Tripping off tongues somewhat easily, the defensive reaction paints anti-piracy measures as a futile waste of time.

Nevertheless, the outrage these measures often provoke suggest that they do have some impact, if only the raising of blood pressure and gnashing of teeth among site users. Whether or not they reduce overall piracy rates long-term remains to be seen, but right now these strategies are almost certainly undermining the safety of Internet users.

Domain attacks – blocks

Attacks against site domains come in various shapes and sizes but all are designed to limit a site’s ability to remain operational. While they are undoubtedly an annoyance to site owners, they also cause problems for site users.

For example, many leading ‘pirate’ sites are blocked by ISPs in the UK. The blocks are easily circumvented using a VPN but in the case of some of the bigger sites, hundreds of proxy and mirror sites have appeared to facilitate access.

The end result is that there are now dozens of Pirate Bay and KickassTorrents clones, lookalikes, mirrors and proxies. Long live the hydra, right? Well not quite.

We’ve already seen the chaos and confusion these sites can cause and the situation isn’t getting any better. It is now very likely that hundreds of thousands of casual users think they are using a relatively trustworthy known site when they are not. Sadly, many clones are filled with aggressive and sometimes malicious ads not present on the original site.

Domain attacks – suspensions and seizures

As documented on many previous occasions, a key strategy of the entertainment industries is to put pressure on domain companies and registries to stop them providing domains to pirate sites. One of the sites hit on a number of occasions is KickassTorrents (KAT).

KAT has lost several domains in recent years including KAT.ph (music industry action), Kickass.so (unconfirmed) and more recently KickassTorrents.im.

Currently the site is operating from KAT.cr (Costa Rica) but ever since the last switch a steady stream of apparently confused site users have been writing to TF and posting on sites including Reddit.

“I never had to sign up for KAT before, why is it asking me to now?” one asked.

“Why is Kickass asking for my credit card details?” questioned another.

Obviously one of these questions is more serious than the other, but both have straightforward explanations. Some users are so confused about which domain the site is operating from they are using any number of fake sites instead, some of which are asking for credit card details.

It’s a horrible situation provoked entirely by action against the official site’s domains, but are so many casual users being affected?

Search engine downranking

For years Hollywood and the recording industry have been placing immense pressure on Google to stop presenting ‘pirate’ sites in its search results. After resisting for some time, Google began tweaking it algorithms to downrank sites that have the most copyright complaints logged against them.

In October 2014, Google made its biggest changes yet which resulted in traffic to torrent and other file-sharing sites taking a nosedive. And now, thanks to decisions made by Google, a simple search for KickassTorrents presents listings that do not include the real site at all, but fake sites looking for money instead.

kick-goog1

Deliberate disruption – but at what cost?

While blocks are easily circumvented, it is clear that forcing sites from domain to domain undermines their reputation with users. To those not keeping up with the news on a regular basis, disappearing sites seem unreliable due to their own incompetence. When they are ‘found’ using Google but then start asking for credit card details, users must really begin to think the worst.

While this must be music to the ears of Hollywood and the music industry, one has to question how many innocent victims are getting caught up in this mess.

“I registered for a free trial to obtain pdf of washing machine manual but ended up with free trial of Fat Games which is all games, so had to ring this number to cancel trial,” said a user of the dubious service running hand-in-hand with fake site KickassTorrents.to.

Living in the ghetto

The instances detailed above are just the tip of the iceberg. With every new seizure, suspension and blockade, more scammers will see opportunities to make money by tricking users to sign up to bogus services while obtaining their credit card details by deception.

Of course, none of these problems can be blamed directly on the music or movie companies since they aren’t the ones running the scams. That being said, whenever concern is expressed for the well-being of Internet users supposedly exposed to malware on pirate sites, at some point that concern should be extended to those subjected to malware and identity fraud as a result of anti-piracy strategies.

Yeah, don’t hold your breath.

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

Why ISPs Should Stop Forwarding Piracy Settlement Demands

samedi 2 mai 2015 à 20:16

rightscorp-realThere are many ways copyright holders approach today’s “online piracy problem.”

Some prefer to do it through innovation, while others prefer educational messages, warnings or even lawsuits. Another group is aiming to generate revenue by obtaining lots of small cash settlements.

Rightscorp and CEG TEK have chosen the latter model. Their emails are sent as regular DMCA notices which many ISPs then forward to their customers, often with a settlement demand included.

Both companies send millions of warnings to U.S. Internet providers every year, but how these are handled varies per ISP. Some, including Charter, forward the entire notice, while others such as Comcast strip out the settlement details.

To find out more about the legality of these notices, and the options Internet providers and subscribers have, TorrentFreak sat down with Electronic Frontier Foundation (EFF) staff attorney Mitch Stoltz.

According to Stoltz, Internet providers should carefully review what they’re forwarding to their users. Under U.S. law they are not required to forward DMCA notices and stripping out settlement demands is in the best interest of the consumer.

“In the U.S., ISPs don’t have any legal obligation to forward infringement notices in their entirety. An ISP that cares about protecting its customers from abuse should strip out demands for money before forwarding infringement notices. Many do this,” he says.

“An ISP can also choose not to forward notices at all if they are deficient, misleading, or inaccurate,” Stoltz adds.

Misleading notices

The notices these companies send are designed to threaten and pressure the recipient, who is often not the person who downloaded the allegedly infringing material.

“The problem with notices demanding money from ISP subscribers is that they’re often misleading,” Stoltz notes.

“They often give the impression that the person whose name is on the ISP bill is legally responsible for all infringement that might happen on the Internet connection, which is simply not true.”

Some of the notices mention disastrous consequences, such as excessively large jury verdicts against file sharers who previously had to pay hundreds of thousands of dollars in damages.

However, they forget to mention that these type of piracy cases almost never go to court. Similarly, ISPs rarely disconnect casual copyright infringers.

“Rightscorp, for one, has never sued an accused file sharer. Having an ISP forward a demand for money also makes it seem like the ISP will cut off the subscriber if they don’t pay, which is also not true– most ISPs don’t ban customers just because a penny-stock outfit in Santa Monica asks them to,” Stoltz says.

Legal repercussions?

As a result of the threatening language many subscribers fear that they might be made bankrupt. The reality, however, is that nothing usually happens if they opt to ignore the threats.

Stoltz advises people who receive a notice not to reach out to the sender. Instead, they should carefully consider their options and consult a lawyer if needed.

“Circumstances vary, and it’s always a good idea to talk to a lawyer about your specific situation. Be cautious about communicating with any company or lawyer that accuses you of copyright infringement – they will use anything you say against you. Stop, think, and read carefully before you decide to send money or information.”

In theory ISPs do have the right to disconnect an account after a subscriber receives multiple notices, but this is relatively rare. The same is true for lawsuits. As far as we know neither Rightscorp nor CEG TEK have taken a file-sharer to court.

“They would rather scare a hundred people into paying $20 than spend thousands on a lawsuit against one person,” Stoltz says.

The problem remains that even a minuscule chance of getting in trouble is enough for some to pay up. Some people just want the whole thing to go away, that’s what the settlement model is based on.

The only way to make this threat disappear is for Internet providers to either strip the settlement demands, or simply toss all notices in the trash.

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

Kim Dotcom Awarded Millions For Legal Bills and Living Expenses

samedi 2 mai 2015 à 11:14

dotcom-laptopHow much does it cost to enjoy a reasonable standard of living in the modern world? A couple of thousand dollars a month? Three thousand? Four?

For Megaupload founder Kim Dotcom, none of these amounts scratch the surface, a problematic situation considering all of his assets were previously seized by the U.S. and New Zealand governments.

In February a “broke” and “destitute” Dotcom appeared before Justice Patricia Courtney, asking for living expenses and a massive cash injection to pay historical and current legal fees. Dotcom was previously granted around US$15,000 per month to live on but high costs had left him “penniless”.

Following the hearing Justice Courtney’s ruling is largely good news for Dotcom, with the Judge taking into consideration claims by authorities that the entrepreneur has funds in a trust that could help pay his expenses.

“The trust’s major asset is its shareholding in Mega Ltd, said to be worth more than $30m (US$22.6m). In evidence Mr Dotcom said that there were difficulties in selling Mega shares because they were blocked from being sold until the planned listing of Mega, which is now scheduled for late May 2015 (though it is possible that this date will be pushed back). There was no evidence to the contrary,” the Judge’s ruling reads.

“I have concluded that Mr Dotcom does not have the ability to meet his legal and reasonable living expenses from trust assets because, on the evidence, those assets are not sufficiently liquid.”

Noting that he still owes former lawyers around US$1.5m, the Judge said that Dotcom’s estimate for financing his legal battle against extradition is between US$1.5m and US$3m. This amount will be released from currently restrained government bonds.

Next up was the Dotcom family’s accommodation costs. Rent on the now-famous mansion amounts to US$754,000 per annum under a lease Dotcom signed in February 2013 and which expires in the same month 2016. The Judge decided that terminating that lease would result in additional costs.

“If [Dotcom] were to terminate the lease in order to find a more modest home, he would immediately be exposed to a significant contractual liability for the existing rental in addition to the costs of any new accommodation,” the Judge writes.

“Little would be saved by requiring Mr Dotcom to move into more modest
accommodation pending the expiry of the lease; it is more likely that the total amount required to house Mr Dotcom and his children and meet his lease commitment would actually prove greater than simply remaining where he is.

“I therefore accept that, in the particular circumstances of this case, a figure of $80,000 (US$60,300) per month is reasonable for accommodation.”

The Judge also considered Dotcom’s claims for items like security, staff wages and other general expenses.

Dotcom currently has eight staff but the Judge felt that five would be sufficient to assist with cleaning, cooking, shopping, managing the grounds and caring for Dotcom’s children.

“I allow $25,000 ($18,850) per month for staff,” the Judge said.

Turning to Dotcom’s request for $20,000 (US$15,000) for groceries, fuel and maintenance etc, the Judge said this was a little high considering Dotcom’s estranged wife Mona could be expected to chip in.

“On the basis that the children’s mother can be expected to contribute to
some of these costs I consider that the figure of $20,000 (US$15,000) is a little high and would reduce that to $15,000 (US$11,300) per month,” the Judge added.

In addition to the legal fees mentioned earlier, in total Dotcom was awarded $170,000 (US$128,000) per month to cover living expenses.

“Mr Dotcom may have access to that figure each month pending the expiry of the lease on the property,” the Judge said. “At that point I would expect that the position will be reviewed.”

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

Torrents Are Good for a Quarter of All Encrypted Traffic

vendredi 1 mai 2015 à 20:14

spyIn recent years it has become apparent that BitTorrent users are increasingly searching for options to hide their download footprints.

Thus far, however, there was little information available on how much of all encrypted traffic is file-sharing related. A new report published by Sandvine now provides some insight into this.

To find out how much of all Internet traffic is encrypted, and what the most popular sources are, last month the company gathered data in collaboration with a North American fixed access network.

The findings reveal that nearly 30% of all downstream traffic is encrypted. The majority of the traffic remains unencrypted (65%), and the small remainder has yet to be identified.

sand

Looking at the individual sources of encrypted traffic we see that YouTube currently accounts for most of it. More than 11% of all downstream traffic comes from encrypted YouTube data, which is nearly 40% of all encrypted traffic.

BitTorrent transfers come in second place with 7.2% of the total downstream traffic, which is good for nearly a quarter of all encrypted data.

It’s worth noting that the report only looks at downstream traffic. BitTorrent’s share of upstream traffic is usually much higher, so the total percentage of all encrypted traffic will be well over 25 percent.

sandenc

Another fact worth mentioning is that before YouTube made the transition to support secure data transfers, BitTorrent was the number one source of encrypted traffic according to Sandvine.

With Netflix poised to move to encryption by default, the relative share of BitTorrent will probably drop even further in the near future. Absolute traffic is expected to keep growing, however.

In response to various anti-piracy initiatives and monitoring schemes around the world, BitTorrent users are increasingly turning to anonymizing services such as encrypted VPNs.

It will be interesting to see how this trend develops during the years to come.

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