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Pirate Bay Founder Preps Appeal, Puts the Press Straight

lundi 24 novembre 2014 à 18:32

After being arrested in Cambodia during September 2012 it soon became clear that two Scandinavian countries wanted to get their hands on Gottfrid Svartholm.

Sweden had a long-standing interest in their countryman for his infamous work on The Pirate Bay, but once that was out-of-the-way a pair of hacking cases had to be dealt with.

The first, in Sweden, resulted in partial successes for both sides. While Gottfrid was found guilty of hacking into IT company Logica, following testimony from Jacob Appelbaum he was later cleared by the Appeal Court (Svea Hovrätt) of hacking into Nordea Bank.

But despite this significant result and a repeat appearance from Appelbaum, the trial that concluded in Denmark last month went all one way, with Gottfrid picking up a three-and-a-half year sentence.

With his mother Kristina acting as go-between, TorrentFreak recently fired off some questions to Gottfrid to find out how he’s been bearing up following October’s verdict and to discover his plans for the future.

Firstly, TF asked about his opinion on the decision. Gottfrid declined to answer directly but indicated we should look to the fact that he has already filed an appeal against the verdict. That should be enough of an answer, he said.

As it stands and considering time served, Gottfrid could be released as early as August 2015, but that clearly isn’t deterring him from the possibility of leaving sooner. Gottfrid has always shown that he’s both stubborn and a fighter, so sitting out his sentence in silence was probably never an option.

Moving on, TF pressed Gottfrid on what he feels were the points of failure during the court process and how these will play out alongside his appeal.

“Can’t discuss defense strategy at this point,” he responded. Fair enough.

Even considering the preparations for an appeal, there are a lot of hours in the coming months that will prove hard to fill. However, Gottfrid’s comments suggest that his access to books has improved since his days in solitary confinement and he’s putting that to use.

“I study neurobiology and related subjects to pass the time,” he says, with mother Kristina noting that this education is self-motivated.

“The ‘arrest house’ can of course not provide him with opportunities for higher studies,” she says.

Although he’s been thrust into the public eye on many occasions, Gottfrid’s appearances at court in Sweden (documented in TPB AFK) and later in his Danish trial reveal a man with an eye for detail and accuracy. It perhaps comes as little surprise then that he also took the opportunity to put the record straight on something he knows a lot about – the history of The Pirate Bay.

If one searches for “founders of The Pirate Bay” using Google, it’s very clear from many thousands of reports that they are Gottfrid Svartholm, Fredrik Neij and Peter Sunde. According to Gottfrid, however, that simply isn’t true.

“TPB was founded by me and two people who haven’t been involved since 2004,” Gottfrid says. “Fredrik came into the picture when the site moved from Mexico to Sweden, probably early 2004.”

While acknowledging Fredrik’s work as important for the growth of the site, Gottfrid noted that Peter’s arrival came sometime later. He didn’t specify who the other two founders were but it’s likely they’re to be found among the early members of Piratbyrån as detailed here.

With Peter Sunde already released from his sentence and Fredrik Neij close to beginning his, it’s possible that the founders trio could all be free men by the end of 2015. So does Gottfrid have anything exciting up his sleeve for then?

“Yes, I have plans, but I’m not sharing them,” he concludes.

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

Piracy Monetization Firm Rightscorp Sued for Harassment and Abuse

lundi 24 novembre 2014 à 12:23

rightscorp-realCopyright holders have been sending DMCA takedown notices to ISPs for over a decade, but in recent years these warnings turned into revenue opportunities.

Companies such as Rightscorp ask U.S. ISPs to forward DMCA notices to subscribers,with a settlement offer tagged on to the end. On behalf of Warner Bros, BMG and others Rightscorp asks subscribers to pay $20 per pirated file or risk a potential $150,000 in court.

In recent months there have been various complaints from people who were aggressively approached by Rightscorp, which has now resulted in a class-action complaint against the piracy monetization firm.

The lawsuit was filed at a California federal court on behalf of Karen Reif, Isaac Nesmith and others who were approached by Rightscorp. In the complaint, Rightscorp is accused of violating the Telephone Consumer Protection Act, violations of debt Collection laws and Abuse of Process.

One of the allegations describes the repeated use of robo-calls to alleged infringers. A summary of what happened to Karen Reif shows that once Rightscorp knows who you are, they don’t give up easily.

“By late September of 2014, Ms. Reif was receiving on average about one robo-call per day, and sometimes one robo-call and one live call in the same day.These calls came in from a variety of different numbers, from different area codes all over the country,” the complaint alleges.

This bombardment of harassing robo-calls is a violation of the Telephone Consumer Protection Act, the lawyers argue.

The class-action further includes a long list of violations regarding Rightscorp’s debt collection practices, violating both the FDCPA and the Rosenthal Act.

“Among other wrongful conduct: Rightscorp has engaged in telephone harassment and abuse; made various false and misleading representations; engaged in unfair collections practices; failed to provide validation and required notices relating to the debts..,” the complaint reads.

In addition to the above Rightscorp allegedly made false representations that ISPs were participating in the debt collection. For example, the warning letter stated that ISPs would disconnect repeat infringers, something that rarely happened.

Finally, the complaint raises the issue of Rightscorp’s controversial DMCA subpoenas which demand that smaller ISPs should hand over personal details of their subscribers. Thus far most ISPs have complied, but according to the complaint these requests are a “sham and abuse” of the legal process.

“To identify potential consumers to target, Rightscorp has willfully misused this Court’s subpoena power by issuing at least 142 special DMCA subpoenas, per [the DMCA], to various Internet Service Providers.”

“These subpoenas, which were issued on this Court’s authority, but procured outside of an adversarial proceeding and without any judicial review, are so clearly legally invalid as to be a sham and abuse of the legal process,” the complaint reads.

The above is just a summary of the long list of complaints being brought against Rightscorp. With these settlement practices becoming more common, the case will definitely be one to watch.

Attorney Morgan Pietz is confident that they have a strong case and told FCT that other Rightscorp victims are invited to get in touch.

“We would still be very interested to talking to anyone who was being contacted by Rightscorp or who paid settlements, particularly anyone who was getting the pre-recorded robo-calls,” Pietz said.

For Rightscorp the lawsuit is yet another setback. Earlier this month the piracy monetization firm reported that it continues to turn a loss, which may eventually drive the company towards bankruptcy.

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

Top 10 Most Pirated Movies of The Week – 11/24/14

lundi 24 novembre 2014 à 09:01

guardiansThis week we have four newcomers in our chart.

Guardians of the Galaxy 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 BD/DVDrips unless stated otherwise.

RSS feed for the weekly movie download chart.

Ranking (last week) Movie IMDb Rating / Trailer
torrentfreak.com
1 (1) Guardians of the Galaxy 8.5 / trailer
2 (…) Lucy 6.5 / trailer
3 (2) Dawn of the Planet of the Apes 8.0 / trailer
4 (…) Predestination 7.6 / trailer
5 (3) Dracula Untold 6.3 / trailer
6 (…) Falcon Rising 5.7 / trailer
7 (4) If I Stay 7.0 / trailer
8 (…) Interstellar (TS) 9.0 / trailer
9 (6) Let’s Be Cops 6.7 / trailer
10 (5) The November Man 6.3 / trailer

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

Google Refuses MPAA Request to Blacklist ‘Pirate Site’ Homepages

dimanche 23 novembre 2014 à 20:43

google-bayEvery week copyright holders send millions of DMCA takedown notices to Google, hoping to make pirated movies and music harder to find.

The music industry groups RIAA and BPI are among the most active senders. Together they have targeted more than 170 million URLs in recent years.

The MPAA’s statistics are more modest. Thus far the Hollywood group has asked Google to remove only 19,288 links from search results. The most recent request is one worth highlighting though, as it shows a clear difference of opinion between Hollywood and Google.

Last week the MPAA sent a DMCA request listing 81 allegedly infringing pages, mostly torrent and streaming sites.

Unlike most other copyright holders, the MPAA doesn’t list the URLs where the pirated movies are linked from, but the site’s homepages instead. This is a deliberate strategy, one that previously worked against KickassTorrents.

However, this time around Google was less receptive. As can be seen below most of the MPAA’s takedown requests were denied. In total, Google took “no action” for 60 of the 81 submitted URLs, including casa-cinema.net, freemoviestorrents.com and solarmovie.is.

Part of MPAA’s takedown request

mpaa-takedown-refusal

It’s unclear why Google refused to take action, but it seems likely that the company views the MPAA’s request as too broad. While the sites’ homepages may indirectly link to pirated movies, for most this required more than one click from the homepage.

We previously asked Google under what circumstances a homepage might be removed from search results. A spokesperson couldn’t go into detail but noted that “it’s more complex than simply counting how many clicks one page is from another.”

“We’ve designed a variety of policies to comply with the requirements of the law, while weeding out false positives and material that’s too remote from infringing activity,” Google spokesperson told us.

In this case Google appears to see most reported homepages as not infringing, at least not for the works the MPAA specified.

The MPAA previously said that it would like to move towards blocking pirate sites from search engines entirely, however Google’s recent actions suggest that the company doesn’t want to go this far just yet.

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

Luxury Watchmakers Target Pirate Smartwatch Faces

dimanche 23 novembre 2014 à 10:23

rolx-360While digital watches have been becoming more complex in recent years, the advent of a new generation of smartwatches is changing the market significantly. Manufacturers such as Samsung, Sony, Pebble, Motorola and LG all have an interest in the game, with Apple set to show its hand in the early part of 2015.

Currently Android Wear compatible devices such as Motorola’s Moto360 are proving popular, not least due to their ability to display custom watch faces. Fancy Tag Heuer’s latest offering on your wrist? No problem. Rolex? Omega? Cartier? Patek Philippe? All just a click or two away.

Of course, having a digital copy of a watch on one’s wrist is a much cheaper option than the real deal. See that Devon watch fourth from left in the image below? A real-world version will set you back a cool $17,500. The copy? Absolutely free.

watches

While it’s been fun and games for a while, makers of some of the world’s most expensive and well known watches are now targeting sites offering ‘pirate’ smartwatch faces in order to have digital likenesses of their products removed from the market.

TorrentFreak has learned that IWC, Panerai, Omega, Fossil, Armani, Michael Kors, Tissot, Certina, Swatch, Flik Flak and Mondaine are sending cease and desist notices to sites and individuals thought to be offering faces without permission.

Richemont, a company behind several big brands including Cartier, IWC and Panerai, appears to be one of the frontrunners. The company is no stranger to legal action and recently made the headlines after obtaining court orders to have domains selling counterfeit watches blocked at the ISP level in the UK.

Notices seen by TorrentFreak reveal that the company, which made 2.75 billion euros from its watch division during 2012/2013, is lodging notices against watch face sites citing breaches of its trademark rights. Owners are being given 24 hours to remove infringing content.

We discussed the issue with Richemont’s PR representatives but were informed that on this occasion the company could not be reached for comment.

Earlier this week a source informed TF that Swatch-owned Omega had also been busy, targeting a forum with demands that all Omega faces should be removed on “registered trademark, copyright and design rights” grounds. Although the forum would not talk on the record, its operator revealed that the content in question had been removed. Omega did not respond to our requests for comment.

While watchmakers are hardly a traditional foe for those offering digital content, history shows us that they are prepared to act aggressively in the right circumstances.

mondaineMondaine, a Swiss-based company also involved in the latest takedowns, famously found itself in a huge spat with Apple after the company included one of its designs in iOS6. That ended up costing Apple a reported $21 million in licensing fees. The same design is readily available for the Moto360 on various watch face sites.

So how are sites handing the claims of the watchmakers? TorrentFreak spoke with Luke, the operator of leading user-uploaded watch face site FaceRepo. He told us that the site had indeed received takedown notices from brand owners but made it very clear that uploading infringing content is discouraged and steps are being taken to keep it off the site.

“Although some of the replica faces we’ve received take downs for are very cool looking and represent significant artistic talent on the part of the designer, we believe that owners of copyrights or trademarks have the right to defend their brand,” Luke explained.

“If a copyright or trademark owner contacts us, we will promptly remove infringing material. To date, all requests for removal of infringing material have been satisfied within a matter of hours.”

Learning very quickly from other user generated content sites, FaceRepo notifies its users that their content has been flagged as infringing and also deactivates accounts of repeat infringers. A keyword filter has also been introduced which targets well known brands.

“If these [brand names] are found in the face name, description or tags, this will cause the upload to be rejected with a message stating that sharing of copyrighted or trademarked material is prohibited,” FaceRepo’s owner notes.

The development of a new front in the war to keep copyrighted and trademarked content off the Internet is hardly a surprise, and considering their power it comes as no shock that the watchmakers have responded in the way they have. We may be some time from an actual lawsuit targeting digital reproductions of physical content, but as the wearables market develops, one can not rule them out.

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