Posted: 05 Oct 2014 05:59 AM PDT

During the past ten years enforcement of copyright in the online space has changed dramatically for UK citizens. The landmark prosecution of iconic file-sharing site OiNK may have failed in 2010, but it ushered in a determination to find new ways of bringing pirates to justice.

Aside from the efforts of the City of London Police Intellectual Property Crime Unit (PIPCU), one of the recurring themes is the decision by the Hollywood-backed Federation Against Copyright Theft to privately prosecute high-profile cases themselves.

The most notable case, that involving SurfTheChannel’s Anton Vickerman, resulted in a four-year jail sentence, one that’s cited in cease and desist notices regularly served on file-sharing site admins in the UK. More recently, FACT took the decision to initiate a private prosecution against Philip Danks, a West-Midlands based man known for camming and distributing Fast and Furious 6 while it was still in cinemas.

It now appears that following FACT’s lead, the BPI will also take a privately investigated and prosecuted case to criminal trial this month.

The case involves the now-defunct file-sharing forum known as Dancing Jesus. The site was taken down in 2011 following a investigation carried out by the BPI and IFPI, with assistance from the US Department of Homeland Security.

At the time two people were arrested by City of London Police – the site’s alleged administrator and an individual said to be one of the site’s top uploaders. Homeland Security assisted with the case by seizing Dancing Jesus’s server in the United States.

Speaking with TorrentFreak, the BPI confirmed that the trial is going ahead in October.

“A trial is scheduled to take place at Newcastle Crown Court this month regarding the illegal distribution of music via an internet forum site called Dancing Jesus,” a spokesperson said.

“It is a private prosecution being brought by the BPI following an initial joint investigation by BPI and the IFPI, with assistance from the US Department of Homeland Security. One defendant in the case has already pleaded guilty to illegally distributing music and will be sentenced at the end of the trial.”

While the precise details of the case will come out at trial, Dancing Jesus was perhaps best known for providing links to pre-release music content. TorrentFreak contacted the site’s former admin for comment but at the time of publication we’ve yet to receive a response.

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

IMAGiNE BitTorrent Group Sysop Speaks Out From Prison

Posted: 04 Oct 2014 03:01 PM PDT

In 2011 the notorious IMAGiNE movie piracy group was dismantled by the feds. The group was known for releasing large numbers of movies onto the Internet, many of which were still playing in theaters.

This attracted the attention of the MPAA who launched an investigation which eventually led to the arrests of four U.S. residents.

These IMAGiNE members were charged with several counts of criminal copyright infringement and they eventually received prison sentences ranging from 23 months up to five years in prison.

Among the sentenced was the then 53-year-old IMAGiNE sysop Gregory Cherwonik, mentor of a robotics team from Canandaigua. Cherwonik was sent to prison January last year and has now served half of his sentence.

Through one of his family members, TorrentFreak recently received an open letter from Cherwonik, where he shares his thoughts on his prosecution, the life he’s living now, and what awaits after his release.

The letter doesn’t lend itself to be excerpted or evaluated in detail, so with permission from Gregory and a close family member we have decided to post it pretty much as it arrived. It’s definitely controversial, but written from the heart.

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A Letter From Prison – by Gregory Cherwonik

This is the fourth time writing this, trying to get it to sound good to me. It’s hard to complain without sounding whiny.

Anyways. I’m past the halfway point of my sentence. 21 of 34 months paid in my debt to the MPAA. Usually when you’re sentenced to prison you’re sent for crimes against society or the government. Unfortunately it no longer works that way in the United States of America.

The IMAGiNE group provided society a service, so I owe it no debt. We gave those that couldn’t afford or have access to first run movies access to them. The poor, the service men and women, those that didn’t want to get their wallets raped to see for the most part poor quality movies. Seems only half (if even) of the movies produced these days are worth seeing.

We didn’t do it for money or fame, we did it because the government and the corporations gave us the tools. The government with the “Disabilities Act” where all theaters had to have a secondary audio signal for those with hearing disabilities. The Corporations by providing higher and higher quality video cameras WITH 24fps speeds. It’s like they wanted us to pirate movies. There was never any expectation of cash for this service. The fact of the matter is we voted on whether we should make money from it… it was voted down.

But what we did get out of this was a government that would lie and cheat to achieve its end result, a government that feels it can do what it wants to whoever it wants, anytime it wants, no matter where in the world they live. A government that no longer takes the people’s interest to mind when it makes laws. Now it’s a matter of who’ll pad their pockets the most. In my opinion we as a country took a nose dive when we started treating corporations as people.

While I was first getting into torrenting long before IMAGiNE was even thought of, I read the law. As I understood it, as long as there was no “Financial Gain” it was a misdemeanor. I see the newer DVDs new state that whether there’s Monetary Gain or not. Did they amend the law, or is it that the MPAA feels it can also do as it pleases?

Did the lMAGiNE case have something to do with this? I’m sure the prosecutors were fit to be tied when we stated we never received or expect any monetary gain from our endeavors. In fact it problem screwed them when they found out we actually paid money to do what we did. I guess not many people do things for a simple “Thank You” any more.

But the reason I myself am in prison is because my “Financial Gain” was invented. When the US attornies couldn’t prove any monetary gain they decided to lie. They said my gain was the “THOUSANDS” of DVDs I downloaded. If you added up all the VCDs, SVCDs, Xvid, and DVDs I’ve download over the 10 years I’m sure you’d struggle to make 1,500 titles. If in fact I downloaded “THOUSANDS” over the last three years I’m sure my ISP would have shutoff my service.

I currently have a library of over 400 bought and paid for titles; if the movie is good I buy it. You still can’t replicate the DTS sound, besides I am aware that if you don’t support those that make good, quality movies the industry will die. Many of the confiscated DVDs they took from me were nothing more than copies of my library.

If it wasn’t for this made up “Financial Gain”, [co-defendants] Willie, Sean and myself would have only been charged with misdemeanors. Of course that wouldn’t look good in the press or on resumes. It wouldn’t send the right message. So let’s lie and make things look a lot worse, show everyone how terrible those “PIRATES” are.

Please, do they really think the public bought that crap? 1 in 3 people aged 13 – 50 have downloaded or purchased bootleg or counterfeit goods. Yes we broke the law, I never said we didn’t. But we didn’t break the law we were charged with, and we sure as hell didn’t deserve the stiff sentences handed down.

So here I sit waiting for my release date. Then I can get back to doing what I do best… care for my family. Providing for them, working, paying taxes, volunteering my time and money for and in the community. Just as I was doing before I was sent away to waste my time and the government’s money. Let me tell you, from what I’ve seen the government is great at wasting money. It’s no wonder the MPAA has to “CONTRIBUTE” millions to the Dept of Justice, to Homeland Security, to the people who are supposed to be representing us, the citizens of this land.

Do you see the pattern here? Let me show you how I see it. The MPAA pays the Senators and Representatives to pass its laws via campaign “Contributions”(aka bribes, just about confirmed from Chris Dodd’s own mouth). They then contribute to Homeland Security to police these bought and paid for laws. Then to top it all off they contribute to the Justice Dept to enforce them. You would think there would be a conflict of interest there somewhere. Oh I forgot, we’re talking about people who the law doesn’t apply to.

But as we say here, it is what it is. So I’ll finish my time out, go back to my family, my job, my life with a felony conviction hanging over me. At least I’m old and only have to carry it a short time. The three years the MPAA took from me is actually a very high percentage of the time I had remaining in my life.

It would have been, except I did get some positive things out of this whole debacle. I came in weighing 300lbs, 20 months later from the lack of any stress, crappy meals and being so bored, all I do is walk and run, and I’ve managed to get my weight down to 180lbs. My blood pressure is good, as is my sugar. You might say I’ve lost three years but gained 10 back.

I’ve found out my wife of 26 years is my one, my only. My soul mate. That’s a wonderful feeling to have, to know you are loved as much as you love. I’ve found out that blood is definitely thicker, family is there for you always, but then I’ve also found out that friendship isn’t.

I’ve often wondered if piracy actually hurt or helped the industry. I really wish an independent source would release a study on it. On one hand it might take away from the ticket and DVD sales. But on the other hand would these people actually have gone to the theaters or bought the DVD? What l do know is that if l watched a pirated movie and it happened to be good, I would tell people just that. The movie was good. I’m sure others do the same.

Does this increase sales? Lets take the movie “The Hurt Locker", it had a dismal showing at the theaters. It won an Oscar if I’m not mistaken, which doesn’t make it a good movie. But it also topped the lists for downloads at the time, and I’m sure the DVD sales went very well. Were those DVD sales because of the awards? Or were they because of word of mouth? I think it would be interesting to see the results of a good study. Then and only then can we know if we are criminals or not.

Oh BTW would I do it again if I had to do over????? You bet your ass, but I would do it differently. I told the group from the very start that a website [Unleashthe.net] would be the biggest security threat to the group. Obviously I was right.

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

Kim Dotcom Breaks Post Election Media Silence

Posted: 04 Oct 2014 08:17 AM PDT

When it comes to the online space, Kim Dotcom is undoubtedly one of the most polarizing personalities around. From Megaupload to Mega to his fledgling music service Baboom, everything touched by the man has been bathed in publicity and heated opinion.

It is this ability to attract attention that undoubtedly played a key role in his creation of the Internet Party, a political movement with a stated aim to shake up New Zealand politics and put Dotcom-affiliated politicians in Parliament.

Last month, however, the elections failed to go as planned. The Internet Party conceded defeat without winning a single seat, with its founder honoring tradition by politely congratulating Prime Minister and arch-rival John Key on his success.

After endless appearances and endless daily tweets, Dotcom essentially disappeared from public life, only breaking his silence to comment on the video game Destiny and his exit from Baboom. Today we catch up with the controversial entrepreneur to find out what happened.

“Baboom is this great idea of unchaining the artists from major record labels, allowing them to deal directly with their fanbase and using groundbreaking new ways of monetization that pay artists even when fans access content for free,” Dotcom told TF.

“But Baboom is facing tough opposition from the labels. Baboom has had to deal with unfair and deliberate efforts to make us fail. I won’t go into details.”

Dotcom says that for the sake of the artists he wants Baboom to succeed. But, in order for that to happen, a sacrifice needed to be made.

“The best way to achieve that success was to take me out of Baboom completely. We have a great management team and some brave investors in place. The brand ‘Kim Dotcom’ is toxic and a major distractor to what Baboom is trying to achieve,” he concedes.

While sometimes problematic, Dotcom’s branding is clearly a double-edged sword, one only needs to look at the 2012 launch of Mega.co.nz to see that. On the tiniest of budgets, Dotcom managed to rally the world’s press to witness the launch of his new cloud-storage site. And without him it’s doubtful that Baboom would’ve achieved the profile it has today.

But while those same strengths allowed the Internet Party to became a news event every day leading up to the election, Dotcom’s profile and history – by his own admission – became a millstone around the party’s neck. Every aspect of his private life became a point of leverage for his political opposition.

“The Internet Party failed to deliver meaningful change in New Zealand at the last election because of the media spin by our opponents,” Dotcom says.

“They have successfully turned me into a villain, a German Nazi, a horrible employer, a political hacker, a practitioner of prohibited digital voodoo magic and nothing short of a monster. I would hate that guy too if I didn’t know that it wasn’t true.”

Dotcom says that part of the problem is that he has powerful enemies who in turn have friends in positions of influence, including in the press.

“When you have the US Government, the NZ Government, all Hollywood studios and all major record labels fighting against you, you don’t have a lot of friends, especially in the media,” Dotcom says.

“They either own the media (like in the US) or control the media with their significant advertising spending. Their passion to destroy me and everything I do, because of a copyright disagreement, is almost as fanatical as some of the religious extremism I see on TV.”

So with the election over, and maybe even Dotcom’s entire political career with it, the entrepreneur still has huge adversity to overcome. As he cuts Baboom free and wishes the company every success, Dotcom thoughts and energies turn to his pending extradition case. He knows it’s not going to be easy, especially given the mauling he received at the hands of New Zealand’s political heavyweights in the run up to the election.

“If I was a judge in New Zealand I wouldn’t think too highly of ‘Kim Dotcom’ after months of prime time media bashing by the Prime Minister personally and his media helpers,” Dotcom says.

“John Key constantly made the Internet Party and its goals for Internet Freedom about my extradition case and he accused me of attempting to subvert the New Zealand judiciary. He basically told the judiciary every day that I’m a selfish, criminal man who ‘has to go away’.”

While Dotcom insists his motives were altruistic, there can be little doubt that if the election had gone his way the words of John Key and friends might have meant just that little bit less. As it stands, things went pretty badly.

The details of that extradition fight will become clear during the months to come, but in closing Dotcom shared with us an interesting development.

“After 1000 days of waiting we finally got access to our own data (copies of our personal computers / hard drives). Remember, the Government made us wait this long for a single reason only: They demanded access to our encryption codes,” he says.

“But here’s the twist: It turns out that the Government had access to the encryption codes all along. Who would have thought that they didn’t install a trojan on my computer while they had the GCSB / NSA spying on me.”

Kim Dotcom’s extradition hearing is currently scheduled to take place in February 2015. Expect the media circus to get going again soon.

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

PirateBay

Torrentfreak: “BPI Set to Privately Prosecute ‘Pre-Release Music Pirates’” plus 2 more

Torrentfreak: “BPI Set to Privately Prosecute ‘Pre-Release Music Pirates’” plus 2 more

A Letter From Prison – by Gregory Cherwonik