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Anti-Piracy Boss Spent $50K in Brothels to ‘Protect Copyright’

vendredi 14 novembre 2014 à 17:23

Most commonly known as SGAE, the Spanish Society of Authors and Publishers (Sociedad General de Autores y Editores) is Spain’s main collecting society for songwriters, composers and music publishers.

The group, which also acts as the leading music anti-piracy outfit in the country, has campaigned endlessly for tougher penalties for both file-sharing site operators and the unauthorized downloader at home.

SGAE’s position is to protect the rights of artists, but in 2011 a dark cloud fell over the organization. More than 50 police, tax officials and staff from Spain’s Audit Office raided SGAE’s headquarters in Madrid following allegations of fraud and misappropriation of funds.

One of those investigated was Pedro Farré, SGAE’s former head of corporate relations and the boss of its anti-piracy office. This week he was sentenced to 30 months in jail and the back story is quite extraordinary.

Farré’s problems stemmed from his penchant for spending time in the company of prostitutes. While some might argue that’s a personal matter that should remain private, it became a public interest story when Farré chose to mix his pleasures with the business of protecting copyrights.

To carry out his work the anti-piracy chief had been given a credit card by SGAE to cover legitimate business expenses. However, Farré ran up bills on the VISA card in numerous visits to brothels where he used it to withdraw cash from the premises which he spent on champagne and prostitutes.

According to Publico.es, evidence at trial revealed that on at least once occasion Farré had taken a booth at a brothel “..at five in the afternoon and left at six o’clock the next day, consuming drinks, champagne, and frequently changing girls.”

All told, Farré ran up bills of almost 40,000 euros ($50,000) on the SGAE card, falsifying receipts as he went. He claimed that money had been spent on meals with guests, entertaining the police commissioner, financing meetings with journalists and holding a university seminar.

The judge did not buy Farré’s version of events and said it was “pure absurdity” that academics and those involved in protecting copyrights would go to a brothel to discuss the topic. Farré’s claims that he went to the brothels to check their music rights compliance was rejected as “pure nonsense”.

Former SGAE CFO Ricardo Azcoaga, who was also arrested in 2011, was jailed for 12 months after concealing Farré’s expenditure.

The sentences can be appealed.

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

Hollywood Demands Tougher Penalties for Aussie Pirates

vendredi 14 novembre 2014 à 09:29

ausThe MPAA has published its latest submission to the U.S. Government. It provides an overview of countries the studios believe could better protect the interests of the copyright industry.

The movie group lists more than two dozen countries and describes which “trade barriers” they present.

In recent years the Obama administration has helped Hollywood to counter online piracy and with a letter, signed by MPAA Chairman Chris Dodd, the movie organization urges the Government not to drop the ball.

“The US government must not falter from being a champion of protecting intellectual property rights, particularly in the online market,” Dodd told the United States Trade Representative.

According to the MPAA there are more than two dozen countries that require special attention. This includes Australia, which has one of the highest online piracy rates in the world

“Australia has consistently ranked amongst the highest incidence of per capita P2P infringement of MPAA member company films in the region,” the MPAA chief writes.

One of the main grievances against Australia is the lack of thorough copyright laws. On this front the movie studios put forward a specific recommendation to draft legislation to deter ‘camming’ in movie theaters.

“Australia should adopt anti-camcording legislation. While illegal copying is a violation of the Copyright Act, more meaningful deterrent penalties are required,” the MPAA notes.

In recent years there have been several arrests of people linked to scene release groups who illegally recorded movies in theaters. However, instead of several years in jail they usually get off with a slap on the wrist.

“For instance, in August 2012, a cammer was convicted for illicitly recording 14 audio captures, many of which were internationally distributed through his affiliation with a notorious release group; his fine was a non-deterrent AUD 2,000,” the MPAA writes.

“These lax penalties fail to recognize the devastating impact that this crime has on the film industry,” they add.

The MPAA hopes that the U.S. Government can help to change this legal climate Down Under. The most recent anti-piracy plans of the Aussie Government are a step in the right direction according to the Hollywood group.

This is not the first time that the MPAA has become involved in Australian affairs. Previously a Wikileaks cable revealed that the American movie group was also the main force behind the lawsuit against iiNet.

In addition to Australia, the MPAA also points out various copyright challenges in the UK, Canada, the Netherlands and Sweden. The latter country is seen as a “safe haven” for pirates and lacks effective enforcement, as The Pirate Bay remains online despite the convictions of its founders.

“The law [in Sweden] must also change in order to effectively curb organized commercial piracy, as evidenced by the difficulties thwarting The Pirate Bay – an operation the court system has already deemed illegal,” MPAA writes.

MPAA’s full list of comments and recommendations is available here.

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

Columbia Pictures Wants Anti-Piracy Policies Kept Secret, Indefinitely

jeudi 13 novembre 2014 à 19:21

columbiaIt’s been almost a year since Hotfile was defeated by the MPAA, but the case hasn’t yet gone away completely.

Earlier this year the Electronic Frontier Foundation (EFF) asked the court to unseal documents regarding the workings of Warner Bros.’ anti-piracy tools.

These documents are part of the counterclaim Hotfile filed, where it accused Warner of repeatedly abusing the DMCA takedown process. In particular, the EFF wants the public to know what mistakes were made and how these came to be.

In September the Court ruled that the sealed documents should indeed be made public, and the first information was released soon after. Among other things the unsealed records showed that Warner Bros. uses “sophisticated robots” to track down infringing content.

This week the MPAA submitted its proposed schedule (pdf) for the release of the other documents. With regards to Warner’s anti-piracy system they propose a wait of at least 18 months before more information is unsealed. By then Warner will have changed its systems significantly so that the information can no longer be used by pirates to circumvent detection.

In the case of Columbia Pictures, however, things are more complicated. The sealed information of the Sony Pictures owned studio would still be beneficial to pirates for decades to come, the court is told.

“Defendants have cited two specific pieces of information regarding Columbia’s enforcement policies that, if revealed to the public, could compromise Columbia’s ability to protect its copyrighted works,” the MPAA’s lawyers write.

In a sworn declaration Sony Pictures’ Vice President Content Protection, Sean Jaquez, explains that the redacted documents describe broad policy decisions regarding online copyright enforcement that are unlikely to change in the foreseeable future.

“Columbia intends to continue to implement these confidential copyright enforcement policies indefinitely,” Jaquez writes.

“These confidential enforcement policies will not become less sensitive over time because they reflect broad policy judgments, rather than specific implementation features of Columbia’s anti-piracy enforcement system that are likely to change as technology evolves or time passes,” he adds.

To keep these secrets out of the public eye, the MPAA asks the court to keep the records relating to Columbia Pictures under seal indefinitely. If that’s too much, the information should remain secret for at least ten years.

It’s now up to Judge Williams to decide whether the proposed timeframes are reasonable and whether Columbia can keep its anti-piracy secrets locked up forever.

To be continued.

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

Dotcom Loses Lawyers – Then They Erase All History of Him

jeudi 13 novembre 2014 à 11:35

mysterAll major Internet entrepreneurs with complex lives need legal advice. That is especially true for Kim Dotcom, who needs clerks just to keep up with the mountains of paperwork generated by his myriad legal issues.

Currently the Megaupload founder is dealing with legal action in three major jurisdictions – the United States, Hong Kong and New Zealand. In the former matters are handled by lawyer Ira Rothken, a veteran of copyright cases who also runs Dotcom’s worldwide legal operations. In the latter, however, Dotcom now has new issues to overcome.

The first signs of developments in New Zealand came on November 6 when Rothken tweeted, “We are looking for awesome lawyers in NZ and US to assist our global legal team in the @KimDotcom related cases.” Rothken also linked interested parties to a new site titled MegaScholar.

Now, almost a week later, it’s been revealed that high-profile Queen’s Counsel Paul Davison, QC, and Simpson Grierson, one of New Zealand’s biggest lawfirms, are stepping down from Dotcom’s legal team.

“Paul Davison & Simpson Grierson of NZ are stepping down from @KimDotcom legal team. They did world-class legal work & were great colleagues,” Rothken tweeted.

Davison has been representing Dotcom in his U.S. extradition case and various Simpson Grierson partners including William Akel and Tracey Walker have represented the entrepreneur in civil actions brought by the Hollywood studios.

While Rothken has made it clear that he was pleased with the work of the outgoing legal team, there is a rather unusual element to the story. When we searched the Simpson Grierson website for the history of the Dotcom case, it appears that the company has erased it, an unusual move for such a high-profile action.

And it doesn’t stop there. Senior litigation partner William Akel has removed all reference to Dotcom from his case history. The image below shows his profile, before and after, with Dotcom’s case now erased.

after-akel

Partner Greg Towers has gone one step further. Not only has he deleted all mention of Dotcom from his profile but has also erased references to the work he did with Mega, the cloud-hosting service founded by Dotcom.

after-towers

But perhaps most telling is the way Chairman Kevin Jaffe has attempted to distance his company from Kim Dotcom.

Announcing the first edition of ‘Aluminate’ – the Simpson Grierson alumni newsletter, Jaffe singled out Dotcom’s case as one of just two big company projects worthy of a mention. As can be seen below, a year on and history has just been rewritten.(Original: Bing cache, rewrite here)

after-chairman

Of course, as is professional in these circumstances, no one is saying anything on the record about why Simpson Grierson has parted with Dotcom. However, with Dotcom’s extradition battle only a few months away, the timing could hardly have been worse for the Megaupload founder.

Dotcom and Rothken are now racing against the clock to bring new lawyers on board which, incidentally, is also something Simpson Grierson have just done with the appointment of former New Zealand Minister of Justice, Tony Ryall.

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

Dallas Buyers Club Pirate Agrees to Pay $14,000, But Why?

mercredi 12 novembre 2014 à 21:55

dallasMovie studio Voltage Pictures is no stranger to suing BitTorrent users.

The company has pioneered mass-BitTorrent lawsuits in the United States and is estimated to have made a lot of money doing so.

Earlier this year Voltage and Dallas Buyers Club LLC initiated lawsuits against alleged file-sharers of the Oscar-winning movie. Several hundred alleged downloaders have been targeted since.

Most of these cases end up being settled for an undisclosed amount. This is usually a figure around $3,500, which is what the company offers in their settlement proposals. However, this week we stumbled upon something bigger.

A few days ago a federal court in Oregon handed down a hefty judgment against a person who shared a copy of Dallas Buyers Club via BitTorrent. The order is a so-called consent judgment, the terms of which are agreed by both parties, for the sum of $14,000.

“A Money Judgment in favor of plaintiff Voltage Pictures, LLC and Dallas Buyers Club, LLC and against defendant DOE-67.166.84.226 is awarded the sum of $14,000.00. This figure includes costs, fees and damages,” the order (pdf) reads.

dallasconsent

The amount is unusually high for a consent judgment especially since the defendant, who remains anonymous, hired a proper attorney. If others get the option to settle for $3,500 or less, why would this person agree to pay four times as much?

It’s safe to assume that the defendant in this case never got the option for a cheaper settlement and a good look at the original complaint may explain why. As it turns out, the movie makers collected a whole lot more dirt on the defendant.

In an attempt to beef up their case, the movie studio compiled a list of 118 titles (pdf) that were shared by the defendant’s IP-address. This includes several TV-show episodes including Game of Thrones, as well as popular movies, software and music titles.

“As can be seen from Exhibit 1, defendant is a prolific proponent of the BitTorrent distribution system advancing the BitTorrent economy of piracy,” they wrote in their complaint.

First page of exhibit 1

collateral

While it remains speculation, it’s likely that the Dallas Buyers Club makers used these collateral downloads to add extra pressure. In any case, it certainly didn’t hurt their negotiating position.

This is not the only consent judgment won by Dallas Buyers Club recently. In a similar case in Oregon the company obtained $7,500 from another avid BitTorrent user who shared more than hundred other titles as well.

Apparently, Voltage and Dallas Buyers Club LCC have found a rather effective way to increase settlement fees. TF asked Dallas Buyers Club’s attorney for a comment on the varying amounts, but we have yet to hear back.

In any case, pirates are warned: Anything you download or share may be used against you in a court of law.

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