http://AccessPirateBay.com- PirateBay's Newest Domain Feb 2014

TorrentFreak Email Update

TorrentFreak Email Update


Pirate Bay Partners With Neuroscientists to Launch “Virtual Bay”

Posted: 31 Mar 2014 04:00 AM PDT

virtual bayThe Pirate Bay has been around for more than a decade and has undergone quite a lot of change during that time. However, nothing comes close to today’s announcement.

“We’re about to take the biggest step in our history,” says TPB in a blog post that went out earlier than expected.

In addition to changing the look of its frontpage the site has renamed itself to ‘The Virtual Bay’ to celebrate a new partnership with neuroscientists from Russia, Israel and Japan. The goal is to build a next generation virtual reality device that will change the way people interact with the site and the pirated media it offers.

“As piracy is about to change from sharing of files into the sharing of everything, we’re planning our departure from this earthly form. Preparing our final ascension into the transcendence. The final conflux,” the TPB team notes.

Traditional media companies are resisting change and have been slow to pick up on virtual reality, but The Pirate Bay is jumping in to fill this void. When the site’s device is ready, Pirate Bay users will be able to actively participate in the games and videos downloaded from the site.

“Using a simple plugin into the brain, you will no longer only be able to see and hear a movie, a game or whatever it is you want. You’ll be able to live it. Play the main character. Tweak any story in any way you want,” TPB writes.

In addition, the virtual reality component will store the entire Pirate Bay ecosystem in people’s minds, making it accessible instantaneously, faster than ever before, and impossible to shut down. In other words, the people will become The Pirate Bay and take the site to a new dimension.

“Using your brain power and nervous system, we will be able to speed things up. Every part of The Pirate Bay will be stored within you and everyone else that dares to participate in this step into the future. The more we are, the faster everything will be.

“Our scientists calculate that if we become at least 1,333,337 nodes, everything will be shared instantaneously,” the TPB team adds.

More details about this prestigious project are expected to come out later today, or tomorrow, depending on your time zone. Stay tuned.

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

UK Police Launch Pirate Site Blacklist for Advertisers

Posted: 31 Mar 2014 12:57 AM PDT

cityoflondonpoliceOver the past few months City of London Police have been working together with the music and movie industries to tackle sites that provide unauthorized access to copyrighted content.

Initially the police only sent warning letters to site owners, asking them to go legit or shut down. Late last year this was followed by a campaign targeted at domain registrars, asking them to suspend the domain names of several so-called pirate sites.

Today sees the launch of the next initiative in “Operation Creative,” an official URL blacklist of “pirate sites”.

The Police Intellectual Property Crime Unit (PIPCU) just launched their “Infringing Website List” (IWL) and are encouraging advertising agencies to embrace it. The main goal of the blacklist is to disrupt the revenues of infringing websites worldwide.

Together with the movie and music industries the police carried out a three-month pilot which resulted in a 12% reduction of ads from major brands appearing on these sites. To what extent the blocklist will hurt total revenues is unclear though, as there are dozens of ad firms who focus on file-sharing sites, and these are unlikely to join the program.

The police and their partners, however, are convinced that the blacklist will have a positive effect, not only in terms of cutting off revenue to pirate sites, but also as a tool to prevent advertisers being associated with rogue websites.

"If an advert from an established brand appears on an infringing website not only does it lend the site a look of legitimacy, but inadvertently the brand and advertiser are funding online crime,” PIPCU Chief Andy Fyfe says.

From the information that was made available to TF, it appears that the blacklist will not be open to the public. This is worrying, since there is a serious threat of overblocking without any public oversight.

For example, in their announcement the police cite a recent report on the profitability of pirate sites. However, that report included many sites with perfectly legitimate uses, and even a purely informational website that doesn’t host or link to infringing content at all.

Concerns aside, music industry group BPI is confident that the “Infringing Website List” will turn out to be another successful voluntary agreement focused on tackling online piracy.

"The early results from Operation Creative show that through working with the police and the online advertising industry, we can begin to disrupt the funding that sustains illegal websites and the advertising that lends them a false air of legitimacy,” BPI’s Chief Executive Geoff Taylor says.

Similarly, the Hollywood backed group FACT is also positive about the new initiative.

"FACT is delighted to be working with PIPCU to deliver a unique initiative that puts the UK at the forefront of brand protection by allowing everyone in the advertising value chain to prevent misplacement of ads,” Kieron Sharp, Director General at FACT says.

“For those rogue sites that continue to provide access to illegally obtained films and TV programmes there will now be affirmative action taken by PIPCU to ask them to change their operation or shut up shop,” he adds.

Whether the “Infringing Website List” will indeed have a significant impact on the business of the affected sites has yet to be seen. In any case, City of London Police and the entertainment industries are determined to keep the pressure on.

Update: The City of London Police confirmed to to us that the blacklist will not be made public.

“All sites on IWL are identified and evidenced as infringing by rights holders and then verified by PIPCU. We are not making the IWL public. The List will be ever changing as new sites appear and older sites comply,” a City of London Police spokesperson told TF.

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

Top 10 Most Pirated Movies of The Week – 03/31/14

Posted: 31 Mar 2014 12:00 AM PDT

secretlifeThis week we have three newcomers in our chart.

The Secret Life of Walter Mitty is the most downloaded movie this week.

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 (…) The Secret Life of Walter Mitty 7.5 / trailer
2 (2) The Hobbit: The Desolation of Smaug 8.2 / trailer
3 (1) 47 Ronin 6.5 / trailer
4 (8) 300: Rise of an Empire 6.9 / trailer
5 (5) The Wolf Of Wall Street 8.5 / trailer
6 (4) Anchorman 2 6.9 / trailer
7 (3) The Pirate Fairy 6.9 / trailer
8 (6) Frozen 8.1 / trailer
9 (…) Lone Survivor 7.8 / trailer
10 (…) Grudge Match 6.6 / trailer

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

Microsoft Censors TorrentFreak For Security Reasons

Posted: 30 Mar 2014 02:26 PM PDT

censorshipHere at TorrentFreak we frequently cover website blockades against file-sharing websites, which are often put in place on copyright infringement grounds.

In many European countries, for example, national courts have ordered ISPs to block access to sites such as The Pirate Bay and Kickass.to.

However, that’s not the only type of blocking and filtering that’s common nowadays. There are thousands of companies, schools and other organizations that voluntarily use commercial blocking software to restrict access to objectionable or threatening sites.

As with all filters, however, there are false positives. TorrentFreak, for example, is often categorized as a file-sharing site, and blocked to prevent copyright infringement or other associated “threats”.

Apparently this is also happening at Microsoft, where the filter managed by the local information security risk management department blocks TorrentFreak on the internal network. Microsoft employees who try to access our site are welcomed with the following message.

“The requested resource has been blocked as an identified risk to your client and the Microsoft corporate network.”

TorrentFreak Blocked at Microsoft
ms-block

The notice shows that TorrentFreak is blocked under the “peer-to-peer file sharing” category. A false positive, of course, and one that results in a form of overblocking many perfectly secure and legitimate sites are suffering from.

Unfortunately the issues above are not limited to Microsoft. Every other week we are notified by readers who can't access TorrentFreak since it's blocked at their work or school because the site is classified as a source of illegal file-sharing. More often than not we're collateral damage.

Just a few weeks ago we learned that the UK ISP Sky blocked TorrentFreak for all subscribers who turned on their “porn” filter. After the BBC got involved the block was eventually lifted, but other sites may not be so lucky.

If anything, the above shows that these filtering systems can cause harm to legitimate sites, and the people responsible should be called out for it. TorrentFreak reached out to Microsoft to ask for a comment, but thus far without any luck.

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

Bad Google DMCA Takedown is Hurting Us, Hosting Site Says

Posted: 30 Mar 2014 10:42 AM PDT

As revealed in a report earlier this week, DMCA takedown notices issued to Google have surged 711,887 percent in just four years.

In fact, this month saw a new record week for notices received by the search engine. In a seven day period starting March 10, Google processed an amazing 6,532,393 notices, sent mainly by the music and adult industries.

GoogleDMCA

While the majority of these notices are precise, there are some serious inaccuracies. Google does a pretty good job of rejecting many that are sent in error but it’s inevitable that some slip through the net, and when they do sites can suffer.

One of the latest sites to get on the wrong end of an overbroad notice is UpToBox, a file-hosting service with millions of visitors each month. Particularly popular with the French, the site is France’s 191st most-visited site.

On March 25, anti-piracy company Piracy Stops Here LLC sent a notice on behalf of adult movie company Jim Weathers Productions, asking for more than a thousand URLs to be removed from Google’s search results. All of them were specific URLs, except one – UptoBox’s homepage at UptoBox.com.

uptobox

Despite zero infringing content appearing on the file-hosting site’s homepage, Google subsequently de-listed the site. On Friday, French news site Numerama contacted Google to find out whether there had been a mistake or whether removing the homepage was intentional, but received no response.

UptoBox

Speaking with TorrentFreak, UpToBox operator ‘Guillaume’ says despite contacting Google several times in the past few days, no one from the company has responded to their requests for an explanation.

“We have sent a notice to Google to cancel this decision some days ago, without any reply from them,” Guillaume explains. “We will continue to send a notice everyday to get us put back in the search engine.”

Guillaume says the cost to his site is already high. Thousands of people have failed to find the site as they might do ordinarily and as a result UptoBox has lost “a huge quantity” of new members.

So, could there be unusual circumstances which would explain the complete de-listing of the site? To find out, we asked Guillaume how the site responds to copyright complaints.

“We analyze them one by one, to see if notices are legal, and if files are really copyright infringing. We have received some DMCA notices about legal files in the past, so now we analyze everything,” he explains. “We delete an infringing file quickly when we received the notification, usually in 24 to 48 hours.”

So for now the UptoBox homepage remains delisted by Google with no idea of when, if ever, it will be restored. The big question now is whether Piracy Stops Here knew what they were doing when they sent the notice or if it was a genuine mistake. That said, with no punishments available for those who send bad notices, nothing can be done against them anyway, a problem raised by WordPress owners Automattic earlier this month.

Update: Good new for UptoBox, as the homepage has now been reinstated.

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

TorrentFreak Email Update

TorrentFreak Email Update


Demonoid Returns, Website Now Back Online

Posted: 30 Mar 2014 03:18 AM PDT

demonoidAs the single largest semi-private BitTorrent tracker that ever existed, Demonoid offered a home to millions of file-sharers.

This changed abruptly August last year when a series of troubling events took the site offline. When it was still down after a year, many gave up hope that it would ever return.

Today, however, the site appears to have made a glorious comeback on Demonoid.ph, which the .com and .me domains are also linked to. TorrentFreak contacted the team behind the resurrection who confirmed the relaunch.

“We are running a pre-launch today,” TF was told by the admin, who added that the site could go offline again for a while if something breaks.

A message posted on the site’s homepage explains that Demonoid made some changes to the backend, and that there may be some glitches. However, several Demonoid users confirm that they are able to login using their old credentials.

“The site is now cloud based and there have been many changes to the code. As a result, you might see some weird glitches here and there. We’ll do our best to have everything working smoothly as soon as possible so please bear with us,” the Demonoid team writes.

Demonoid comeback
demonoid-comeback

The above is good news for those who hold Demonoid dear. Several of the former staffers are still involved according to the announcement, but for now it’s unclear whether the site’s management is still in the same hands as before.

However, the current resurrection is linked to the old domains, which suggests that it’s indeed the real thing.

Previously there were concerns that the user database may have been “compromised.” For example, last year a mysterious replacement surfaced, using a copy of the Demonoid user and torrent database. The operator of the spin-off claimed not to be related to the Demonoid owners, but he did have a copy of the site’s database.

Perhaps in the future the Demonoid team will be willing to explain a bit more about what happened over the past two years. For now, however, it appears that the comeback kid has pulled it off again.

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

Pirate Bay’s Longest Surviving Torrents Turn 10 Years Old

Posted: 29 Mar 2014 11:42 AM PDT

pirate bayThe Pirate Bay is currently the most widely known file-sharing site on the Internet, but this certainly wasn’t the case ten years ago.

At the time the notorious torrent site had just launched. It was available in Swedish language only and hosted just a few hundred torrent files.

Needless to say, the site has evolved quite a bit since, but interestingly enough several of these early uploaded files are still alive and well. In fact, the oldest Pirate Bay torrent with at least one seeder turns ten years old today.

TF asked the Pirate Bay team to find out what the oldest surviving uploads are and a “Top Secret Recipes E-books” torrent come out on the top of that list. As can be seen below, the torrent in question was uploaded March 29, 2004 by a user named Wallis.

Pirate Bay’s oldest active torrent

tpb-recipnew

At the time the file was uploaded The Pirate Bay looked more like this, and it’s quite remarkable that the file is still being seeded after all these years.

The same torrent, in Pirate Bay’s 2004 design

tpb-recipold

The second oldest Pirate Bay torrent that’s still actively seeded is an “Italian Teens Home Video.” This file was uploaded on March 30, 2004 and currently has three seeders. The third place goes to a pirated copy of “Revolution OS”, a documentary covering the history of Linux, GNU and the free software movement.

Revolution OS director J.T.S. Moore previously told us that he has mixed feelings about this achievement. He doesn’t support the unauthorized distribution of his work, but said that it’s good to know that so many people are still interested in it.

"It's definitely a problem, but I guess there's some satisfaction in knowing that REVOLUTION OS still has appeal for some people twelve years later," Moore told TF.

Below is the top five list of oldest torrents on The Pirate Bay with at least one confirmed seeder at the time of writing. It will be interesting to see is any of these are able to survive another decade. That is, if The Pirate Bay is still around by then.

TPB’s longest surviving torrents

# Torrent Uploaded Seeders Peers
torrentfreak.com
1 Top Secret Recipes E-books 2004-03-29 7 0
2 Italian Teens Home Video 2004-03-30 3 0
3 Revolution OS 2004-03-31 46 2
4 LotR – War of the Ring 2004-03-31 2 3
5 Complete Idiots Guide to Amazing Sex 2004-04-03 2 0

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

TorrentFreak Email Update

TorrentFreak Email Update


Putin: Pirate Site Blocking Has Failed to End Piracy

Posted: 29 Mar 2014 03:04 AM PDT

In the early days of 2013 it became clear that after years of wavering, Russia was finally going to get tough on Internet piracy. Despite outcry from Internet giants such as Google, and Yandex, the country's largest search engine, the government pressed ahead with its plans.

On August 1, 2013, a new law was passed which would allow sites to be blocked at the ISP level if they failed to respond to copyright infringement complaints in a timely fashion. But despite the legislative teeth, file-sharing sites were not blocked, with many simply complying with takedown demands as required by law.

In January 2014, however, the government said that the law was actually having the required effect, with the number of Internet users purchasing legal content going up by 30%. But at the same time there were complaints.

The founder of IVI.ru, the country’s leading source of Hollywood-licensed video, said that his company had not benefited from the law. And now it seems that the law’s lack of success is being admitted be people right at the top – the very, very top.

During a meeting with members of the House of the Federation Council, Russian President Vladimir Putin said that the legislation introduced in August 2013 had failed to meet its objectives.

“This is an extremely important area, and we still have very much to do here,” he told the meeting.

“Even after we have adopted these solutions for intellectual property protection in the field of cinema, recent analysis has shown that it does not work as effectively as we expected.”

Putin added that despite the new law, pirate movies can appear on websites anywhere and completely undermine the framework.

“The effect is that all of our protection is reduced to zero,” the President said.

But even though things aren’t working, there are no signs of any retreat. Instead the Russian government is looking to get even more aggressive.

“It is necessary to consider additional steps to protect intellectual property rights,” Putin concluded.

Work is already underway to expand the current legislation to encompass all content since right now only video is protected. The government is also looking at introducing fines for errant hosting providers and wants to find a way to permanently close sites persistently engaging in piracy.

“Sites engaging in piracy professionally (it’s their business) should be closed,” said Vladimir Medina of the Ministry of Culture.

But the idea that closing sites will solve the problem was dismissed by a representative from the body in control of .ru domains. Noting that she is reminded of the “Streisand Effect”, where suppressed information only leads to wider dissemination, Olga Alexandrova-Massine said people will find a way to access blocked content.

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

Early iTunes Release Boosted Movie Piracy, Anti-Piracy Group Says

Posted: 28 Mar 2014 12:09 PM PDT

pirate-runningThere are many factors responsible for people illegally downloading content from the Internet. Of course, some just like the idea of something for nothing, while others may not have the means or ability to pay, but pricing is only part of the story.

After a decade-and-a-half of consumers crying out for content to be made available online in a timely fashion, only now are there truly encouraging signs that the entertainment companies are at least on the right track, with the music industry making better progress than most.

But with its emphasis on keeping theater, PPV, DVD and other revenue channels sacred and in a pretty strict sequence, Hollywood has other ideas. The studios are still years away from debuting all movies online and in theaters on the same day which inevitably leads to piracy.

This week, however, an MPA-affiliated anti-piracy group claimed that having an early online release only leads to movies being pirated more.

The debate surrounds the Lars von Trier movie Nymphomaniac [trailer:NSFW], a controversial two-part drama starring Charlotte Gainsbourg and featuring Christian Slater, Uma Thurman and Willem Dafoe. It documents the decades-long destructive sex life of its lead character, Joe.

The movie had its theatrical release in its native Denmark on Christmas Day 2013 but no copy appeared on torrent sites. Usually a movie would then get released in theaters in other countries, but instead it appeared on the U.S. version of iTunes on March 6, 2014. Shortly after the movie appeared illegally online, and quickly became a bit of a hit.

NymphiTunes

Anti-piracy group Rights Alliance said it hired US-based MarkMonitor to track downloads of the movie and discovered that in the first two weeks after airing on iTunes, the movie was illegally downloaded more than 283,600 times. By March 24 that number had increased to almost 349,000 downloads.

Commenting on the findings, lawyer and Rights Alliance chief Maria Fredenslund said that the large number of illegal downloads go towards dispelling the notion that people download less when content is made available quickly online.

“We often hear the story that if only the movies came out earlier in the legal market, then it would reduce piracy on the web,” Fredenslund told DR.dk.

“Here we see that the number of illegal downloads actually explodes while the film is being made available on the U.S. iTunes.”

But while there can be little doubt that the copies currently circulating online are from U.S. VOD sources, stating that an online release caused all this piracy isn’t really the full picture. What Rights Alliance didn’t mention was that the movie didn’t hit U.S. theaters until March 21, which left a two-week plus window in which piracy could thrive.

Also complicating matters is that distributor Magnolia Pictures only released the movie to 22 theaters on March 21, with just another 17 gaining access today. The rest will have to wait well into April, by which time part two of the movie will already be debuting.

But despite the doom and gloom coming out of Denmark, Magnolia Pictures says the movie is “doing very well.” Nymphomaniac’s budget was less than $5 million with Magnolia reportedly paying $2 million for U.S. rights.

Finally, it’s interesting that Rights Alliance admit that when they did their tracking of Nymphomaniac downloads they only came across 1,003 Danish IP addresses pirating the movie.

Did giving the movie to Denmark first contribute to that low amount? Or maybe it’s because Danes have become so familiar with obtaining foreign IP addresses to get around a 2008 blockade of The Pirate Bay and gain access to the U.S. version of Netflix, they have since disappeared into the crowd.

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

TorrentFreak Email Update

TorrentFreak Email Update


UK Govt: DVD and CD Ripping Will Be Legalized This Summer

Posted: 28 Mar 2014 03:36 AM PDT

uk-flagTo most consumers it is common sense that they can make a backup copy of media they own, but in the UK this is currently illegal.

After a public consultation and a thorough inspection of local copyright legislation, the UK Government decided to change current laws in favor of consumers. The changes have been in the planning stage for a few years, but this summer they will finally be implemented.

Starting in July people are free to make copies of DVDs, CDs and other types of media, as long as it’s for personal use. To inform the public about these upcoming changes the Government has just released a consumer guide, summing up citizens’ new rights.

“Copyright law is being changed to allow you to make personal copies of media you have bought, for private purposes such as format shifting or backup,” the UK’s Intellectual Property Office writes.

“The changes will mean that you will be able to copy a book or film you have purchased for one device onto another without infringing copyright.”

The UK Government stresses that the changes will make current copyright law more reasonable, and doesn’t expect that copyright holders will suffer any significant harm. However, the changes could generate extra revenue for the technology sector, increasing revenue by £31 million per year.

“This measure will benefit technology firms by removing barriers and costs and improving entry to technology markets which rely on consumers being able to make private copies,” the government concluded previously.

Under the updated law people will also be able to legally store copies of their music and movies in the cloud. However, the Government stresses that giving others access to your files will remain illegal.

“You will be permitted to make personal copies to any device that you own, or a personal online storage medium, such as a private cloud. However, it will be illegal to give other people access to the copies you have made, including, for example, by allowing a friend to access your personal cloud storage,” the guide explains.

Similarly, people are free to sell any media they purchase, but all backup copies will have to be destroyed.

The mismatch between the law and public opinion became apparent through a Government-commissioned survey, which found that 85% of consumers already thought that DVD and CD ripping was legal. More than one-third of all consumers admitted that they’d already made copies of media they purchased.

Besides the new private copying rights, the upcoming amendments will also broaden people’s fair use rights. For example, people no longer have to ask permission to quote from or parody the work of others, such as a news report or a book, as long as it’s “fair dealing” and the source is recognized.

From a public point of view the amendments are certainly a welcome change to the restrictive copyright laws that are in place currently, but they are also fashionably late. For those who are interested, a full overview of the upcoming changes is available here.

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

RIAA Demands Personal Details of Pirating YouTube Users

Posted: 27 Mar 2014 01:53 PM PDT

youtubesadsmallTo many, uploading a music video of their favorite artist seems to be a relatively harmless act, but the major record labels clearly disagree.

Up until now “pirating” YouTube users would only get a slap on the wrist by Google, and have their YouTube accounts terminated at worst. However, it appears that the RIAA has had enough and is now going after the uploaders of two leaked Chris Brown tracks.

The RIAA’s quest started earlier this month when Vice President Anti-Piracy Mark McDevitt contacted YouTube personally to demand the takedown of the leaked tracks “New Flame” and “Die it For You.”

“We are asking you for your immediate assistance in stopping this unauthorized activity,” McDevitt wrote in a letter to the video hosting service.

“Specifically, we request that you ensure the removal of the infringing files from your system, or that you disable access to the infringing files, and that you inform the site operator of the illegality of his or her conduct,” he added.

YouTube was quick to comply, as both videos are unavailable at the time of writing. However, the RIAA didn’t stop there. Instead, the music group went to the U.S. District Court for the Northern District of California to obtain a subpoena for the personal details of the uploader, or uploaders.

In their request the RIAA explains that it requires a subpoena to identify those responsible for the uploads. Among other things, they are looking for the IP-addresses and emails associated with the accounts in question.

“The purpose for which this subpoena is sought is to obtain the identity or identities of the individual or individuals assigned to this URL,” RIAA writes. “This information will only be used for the purposes of protecting the rights granted to our members, the sound recording copyright owners, under [the DMCA].”

The RIAA’s request for a subpoena was granted by a court clerk on the same day. This means that YouTube now has until April 15 to hand over the requested information, unless it decides to appeal.

RIAA subpoena to YouTube
subpoena-riaa-youtube

To the best of our knowledge, this is the first time that the RIAA has gone after YouTube users. Whether this is an isolated incident has yet to be seen, but it wouldn’t be a surprise if the record labels want to set an example.

The RIAA has been an active proponent of criminalizing those who “stream” copyrighted videos in the past. While that failed through the PIPA bill, this may be an opportunity for them to test the water under current copyright laws.

In any case, YouTube users should be aware that the RIAA and others can obtain their personal details on a whim.

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

EU Court: ISPs Can Be Forced to Block Pirate Sites

Posted: 27 Mar 2014 07:54 AM PDT

Although the dream of blocking sites in the United States was completely crushed along with the now-dead SOPA legislation, music and movie companies across Europe have enjoyed a much smoother ride.

Torrent sites such as The Pirate Bay and KickassTorrents are blocked in several countries around the EU and in the UK, for example, dozens of ‘pirate’ domains are now blocked at the ISP level.

A notable case originating from Austria, however, has been on hold pending a decision from the Court of Justice of the European Union. The dispute saw movie companies Constantin Film Verleih and Wega Filmproduktionsgesellschaft complain that local ISP UPC Telekabel Wien had been providing subscriber access to illegal streaming site Kino.to, a site now shuttered following police action.

The movie companies previously obtained interim injunctions to have UPC block the site, despite UPC arguing that it couldn’t be held responsible for a site that it had absolutely nothing to do with. UPC also noted that there was no court ruling indicating its customers had broken the law.

To settle the matter the Austrian Supreme Court asked the Court of Justice to clarify whether a company that provides Internet access to those using an illegal website could be required to block that site. Today the Court of Justice handed down its long-awaited decision.

The Court found that a person who makes copyrighted material available to the public without permission from rightsholders is using the services of the Internet service provider of the people accessing that content. EU law does not require a specific relationship between the person infringing copyright and the intermediary against whom any injunction has been issued, the Court found.

Addressing UPC’s concerns that none of its customers had been deemed by a court to have acted unlawfully, the EU Court said that proof was not necessary as the law is in place not only to bring an end to infringement, but also to prevent it.

The EU Court added that since any ISP targeted by an injunction is free to carry out its obligations in a way that fits its circumstances, blocking orders do not therefore restrict an ISP’s freedom to conduct its business.

Any injunction must, however, must be proportional so as not to unnecessarily stop subscribers from lawfully accessing information. Furthermore, any blocking measures must have the effect of preventing access to copyrighted content or at least make it more difficult. National courts are required to ensure that these conditions are met.

The take-home from today’s ruling, which follows last year’s advice from the Advocate General, is clear: ISPs can be required to block access to infringing sites but any injunction must be balanced and proportional.

Photo: Dan Zen

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

Court Orders Usenet Provider to Prevent Copyright Infringement

Posted: 27 Mar 2014 05:40 AM PDT

usenextWhile the music and movie industries are still developing strategies to deal with illegal file-sharing at the end-user level, tackling Internet companies remains a key component of their anti-piracy arsenals.

While pressure is maintained against search engines and sites such as YouTube, not all Internet-based companies are as willing (or indeed easily able) to cooperate due to the way they are setup. One such complication arises from the continued availability of illicit content on the worldwide Usenet (newsgroup) system.

Considering the masses of copyright-infringing content uploaded to Usenet, legal action against companies that provide access to the system is relatively rare. Adult publisher Perfect 10 fought battles against Usenet giant Giganews and five years ago the RIAA crushed Usenet.com in the what was probably the most significant victory of its type.

This week in the latest action against a Usenet supplier, German anti-piracy group GEMA reported a new victory against Aviteo Ltd, the Munich-based operator of UseNeXT.

For years the music-focused rights group has been pressuring UseNeXT claiming that tracks from its repertoire are being made available for illegal download via the company’s services. UseNeXT isn’t responsible for putting the tracks online and they weren’t necessarily placed there by a UseNeXT user, but GEMA wants the company to take responsibility.

This week GEMA obtained an injunction against UseNeXT / Aviteo Ltd at the Hamburg Regional Court in respect of a sample 10 tracks from GEMA’s repertoire. The injunction is the latest development in GEMA’s long-running legal battle with UseNeXT.

gemaThe dispute dates back to 2006 and has already resulted in a pair court injunctions issued in 2007 and 2010, each ordering the provider to do more to protect GEMA’s rights.

“The adoption of this [latest] injunction is a positive signal for all rightsowners,” said GEMA CEO Dr. Harald Heker.

“It confirms that services whose business model is based on the illegal downloading of protected works and thereby make a profit, have a duty towards rightsholders.”

The precise details have not yet been made public, but according to GEMA the injunction “extends the responsibility of services providers towards rights holders” in the event that copyright works are continually made available.

“In such a case, the service provider has an obligation to eliminate the danger created by him for illegal use of protected content, through the use of an appropriate filtering system, or if necessary, even the closure of the service,” GEMA said.

Perhaps unsurprisingly, UseNeXT have a different interpretation of the decision. The company says that it only provides access to the Usenet system and has no control of the content to be found there. It is common practice, UseNeXT says, for copyright holders to send takedown notices to the actual server operators so that files can be removed from newsgroups.

In a sure sign that this battle is far from over, UseNeXT / Aviteo says it will appeal.

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