TorrentFreak Email Update

UK Govt: DVD and CD Ripping Will Be Legalized This Summer
RIAA Demands Personal Details of Pirating YouTube Users
EU Court: ISPs Can Be Forced to Block Pirate Sites
Court Orders Usenet Provider to Prevent Copyright Infringement

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

Posted: 28 Mar 2014 03:36 AM PDT

To 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

To 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

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

While 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.

The 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.