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Torrentfreak: “ISP Alliance Accepts Piracy Crackdown, With Limits” plus 3 more

Torrentfreak: “ISP Alliance Accepts Piracy Crackdown, With Limits” plus 3 more


ISP Alliance Accepts Piracy Crackdown, With Limits

Posted: 01 Sep 2014 03:24 AM PDT

us-ausFollowing last week’s leaked draft from Hollywood, Aussie ISPs including Telstra, iiNet and Optus have published their submission in response to a request by Attorney-General George Brandis and Communications Minister Malcolm Turnbull.

While the movie industry’s anti-piracy proposal demonstrates a desire to put ISPs under pressure in respect of their pirating customers, it comes as no surprise that their trade group, the Communications Alliance, has other things in mind.

The studios would like to see a change in copyright law to remove service providers' safe harbor if they even suspect infringement is taking place on their networks but fail to take action, but the ISPs reject that.

ISP liability

“We urge careful consideration of the proposal to extend the authorization liability within the Copyright Act, because such an amendment has the potential to capture many other entities, including schools, universities, internet cafes, retailers, libraries and cloud-based services in ways that may hamper their legitimate activities and disadvantage consumers,” they write.

But while the ISPs are clear they don’t want to be held legally liable for customer piracy, they have given the clearest indication yet that they are in support of a piracy crackdown involving subscribers. Whether one would work is up for debate, however.

Graduated response

“[T]here is little or no evidence to date that [graduated response] schemes are successful, but no shortage of examples where such schemes have been
distinctly unsuccessful. Nonetheless, Communications Alliance remains willing to engage in good faith discussions with rights holders, with a view to agreeing on a scheme to address online copyright infringement, if the Government maintains that such a scheme is desirable,” they write.

If such as scheme could be agreed on, the ISPs say it would be a notice-and-notice system that didn’t carry the threat of ISP-imposed customer sanctions.

“Communications Alliance notes and supports the Government's expectation, expressed in the paper that an industry scheme, if agreed, should not provide for the interruption of a subscriber's internet access,” they note.

However, the appointment of a “judicial/regulatory /arbitration body” with the power to apply “meaningful sanctions” to repeat infringers is supported by the ISPs, but what those sanctions might be remains a mystery.

On the thorny issue of costs the ISPs say that the rightsholders must pay for everything. Interestingly, they turn the copyright holders’ claims of huge piracy losses against them, by stating that if just two-thirds of casual infringers change their ways, the video industry alone stands to generate AUS$420m (US$392) per year. On this basis they can easily afford to pay, the ISPs say.

Site blocking

While warning of potential pitfalls and inadvertent censorship, the Communications Alliance accepts that done properly, the blocking of ‘pirate’ sites could help to address online piracy.

“Although site blocking is a relatively blunt instrument and has its share of weaknesses and limitations, we believe that an appropriately structured and safeguarded injunctive relief scheme could play an important role in addressing online copyright infringement in Australia,” the Alliance writes.

One area in which the ISPs agree with the movie studios is in respect of ISP “knowledge” of infringement taking place in order for courts to order a block. The system currently employed in Ireland, where knowledge is not required, is favored by both parties, but the ISPs insist that the copyright holders should pick up the bill, from court procedures to putting the blocks in place.

The Alliance also has some additional conditions. The ISPs say they are only prepared to block “clearly, flagrantly and totally infringing websites” that exist outside Australia, and only those which use piracy as their main source of revenue.

Follow the Money

Pointing to the project currently underway in the UK coordinated by the Police Intellectual Property Crime Unit, the Communications Alliance says that regardless of the outcome on blocking, a “follow the money” approach should be employed against ‘pirate’ sites. This is something they already have an eye on.

“Some ISP members of Communications Alliance already have policies in place which prevent any of their advertising spend being directed to sites that promote or facilitate improper file sharing. Discussions are underway as to whether a united approach could be adopted by ISPs whereby the industry generally agrees on measures or policies to ensure the relevant websites do not benefit from any of the industry's advertising revenues,” the ISPs note.

Better access to legal content

The Communications Alliance adds that rightsholders need to do more to serve their customers, noting that improved access to affordable content combined with public education on where to find it is required.

“We believe that for any scheme designed to address online copyright infringement to be sustainable it must also stimulate innovation by growing the digital content market, so Australians can continue to access and enjoy new and emerging content, devices and technologies.

“The ISP members of Communications Alliance remain willing to work toward an approach that balances the interests of all stakeholders, including consumers,” they conclude.

Conclusion

While some harmonies exist, the submissions from the movie studios and ISPs carry significant points of contention, with each having the power to completely stall negotiations. With legislative change hanging in the air, both sides will be keen to safeguard their interests on the key issues, ISP liability especially.

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

Top 10 Most Pirated Movies of The Week – 09/01/14

Posted: 01 Sep 2014 12:08 AM PDT

maleThis week we have three newcomers in our chart.

Maleficent is the most downloaded movie for the third 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) Maleficent 7.4 / trailer
2 (2) Godzilla (Webrip) 7.1 / trailer
3 (5) The Fault in Our Stars 8.3 / trailer
4 (…) Neighbors 6.7 / trailer
5 (…) Think Like a Man Too 5.6 / trailer
6 (4) Divergent 7.2 / trailer
7 (3) Captain America: The Winter Soldier 8.1 / trailer
8 (7) 22 Jump Street (TS) 7.8 / trailer
9 (6) X-Men: Days of Future Past (HDrip/TS) 8.4 / trailer
10 (8) The Prince 4.6 / trailer

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

The Next-Generation Copyright Monopoly Wars Will Be Much Worse

Posted: 31 Aug 2014 02:55 PM PDT

copyright-brandedWe’ve been manufacturing our own copies of knowledge and culture without a license for quite some time now, a practice known first as mixtaping and then as file-sharing.

Home mass manufacturing of copies of culture and knowledge started some time in the 1980s with the Cassette Tape, the first widely available self-contained unit capable of recording music. It made the entire copyright industry go up in arms and demand “compensation” for activities that were not covered by their manufacturing monopoly, which is why we now pay protection money to the copyright industry in many countries for everything from cellphones to games consoles.

The same industry demanded harsh penalties – criminal penalties – for those who manufactured copies at home without a license rather than buying the expensive premade copies. Over the next three decades, such criminal penalties gradually crept into law, mostly because no politician thinks the issue is important enough to defy anybody on.

A couple of key patent monopolies on 3D printing are expiring as we speak, making next-generation 3D printing much, much higher quality. 3D printers such as this one are now appearing on Kickstarter, “printers” (more like fabs) that use laser sintering and similar technologies instead of layered melt deposit.

We’re now somewhere in the 1980s-equivalent of the next generation of copyright monopoly wars, which is about to spread to physical objects. The copyright industry is bad – downright atrociously cynically evil, sometimes – but nobody in the legislature gives them much thought. Wait until this conflict spreads outside the copyright industry, spreads to pretty much every manufacturing industry.

People are about to be sued out of their homes for making their own slippers instead of buying a pair.

If you think that sounds preposterous, that’s exactly what has been going on in the copyright monopoly wars so far, with people manufacturing their own copies of culture and knowledge instead of buying ready-made copies. There’s no legal difference to manufacturing a pair of slippers without having a license for it.

To be fair, a pair of slippers may be covered by more monopolies than just the copyright monopoly (the drawing) – it may be covered by a utility patent monopoly, a design patent monopoly, possibly a geographic indication if it’s some weird type of slipper, and many more arcane and archaic types of monopolies. Of course, people in general can’t tell the difference between a “utility patent”, a “design patent”, a “copyright duplication right”, a “copyright broadcast right”, a “related right”, and so on. To most people, it’s all just “the copyright monopoly” in broad strokes.

Therefore, it’s irrelevant to most people whether the person who gets sued out of their home for fabbing their own slippers from a drawing they found is technically found guilty of infringing the copyright monopoly (maybe) or a design patent (possibly). To 95% or more, it’s just “more copyright monopoly bullshit”. And you know what? Maybe that’s good.

The next generation of wars over knowledge, culture, drawings, information, and data is just around the corner, and it’s going to get much uglier with more stakes involved on all sides. We have gotten people elected to parliaments (and stayed there) on the conflict just as it stands now. As this divide deepens, and nothing suggests it won’t, then people will start to pay more attention.

And maybe, just maybe, that will be the beginning of the end of these immoral and deeply unjust monopolies known as copyrights and patents.

About The Author

Rick Falkvinge is a regular columnist on TorrentFreak, sharing his thoughts every other week. He is the founder of the Swedish and first Pirate Party, a whisky aficionado, and a low-altitude motorcycle pilot. His blog at falkvinge.net focuses on information policy.

Book Falkvinge as speaker?

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

Patent Allows Watermarking of Already Encrypted Movies

Posted: 31 Aug 2014 08:56 AM PDT

encryptionWhile the name Verance might not be particularly well known, the company’s anti-piracy technology is present in millions of DVD and Blu-ray players and the media they play.

Every licensed Blu-ray playback device since 2012 has supported the technology which is designed to limit the usefulness of pirated content. Illicit copies of movies protected by Cinavia work at first, but after a few minutes playback is halted and replaced by a warning notice.

This is achieved by a complex watermarking system that not only protects retail media but also illicit recordings of first-run movies. Now Verance has been awarded a patent for a new watermarking system with fresh aims in mind.

The patent, ‘Watermarking in an encrypted domain’, begins with a description of how encryption can protect multimedia content from piracy during storage or while being transported from one location to another.

“The encrypted content may be securely broadcast over the air, through the Internet, over cable networks, over wireless networks, distributed via storage media, or disseminated through other means with little concern about piracy of the content,” Verance begins.

Levels of security vary, Verance explains, depending on the strength of encryption algorithms and encryption key management. However, at some point content needs to be decrypted in order for it to be processed or consumed, and at this point it is vulnerable to piracy and distribution.

“This is particularly true for multimedia content that must inevitably be converted to audio and/or visual signals (e.g., analog format) in order to reach an audience,” Verance explain.

While the company notes that at this stage content is vulnerable to copying, solutions are available to help protect against what it describes as the “analog hole”. As the creator of Cinavia, it’s no surprise Verance promotes watermarking.

“Digital watermarking is typically referred to as the insertion of auxiliary information bits into a host signal without producing perceptible artifacts,” Verance explains.

In other words, content watermarked effectively will carry such marks regardless of further distribution, copying techniques, or deliberate attacks designed to remove them. Cinavia is one such example, the company notes.

However, Verance admits that watermarking has limitations. In a supply chain, for example, the need to watermark already encrypted content can trigger time-intensive operations. For this, the company says it has a solution.

Verance has come up with a system with the ability to insert watermarks into content that has already been compressed and encrypted, without the need for decryption, decompression, or subsequent re-compression and re-encryption.

In terms of an application, Verance describes an example workflow in which movie content could be watermarked and then encrypted in order to protect it during distribution. The system has the ability to further watermark encrypted content as it passes through various supply chain stages and locations without compromising its security.

“In a forensic tracking application, a digital movie, after appropriate post production processing, may be encrypted at the movie studio or post production house, and sent out for distribution to movie theaters, to on-line retailers, or directly to the consumer,” Verance explains.

“In such applications, it is often desired to insert forensic or transactional watermarks into the movie content to identify each entity or node in the distribution channel, including the purchasers of the content, the various distributors of the content, the presentation venue and the time/date/location of each presentation or purchase.”

Verance believes that being able to track distribution points, sales locations such as movie theaters or stores, and even end users will be a big plus to adopters. Those up to the complex analysis can see how the company intends to work its magic by viewing its extremely technical and lengthy patent.

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