Posted: 18 Oct 2014 02:57 AM PDT

Having content removed from the Internet is a task undertaken by most major entertainment industry companies. While laws differ around the world, the general understanding is that once notified of an infringement, Internet-based companies need to take action to prevent ongoing liability.

A case in Germany involving popular file-hosting service Uploaded.net has not only underlined this notion, but clarified that in some instances a hosting service can be held liable even if they aren’t aware of the content of a takedown notice.

It all began with anti-piracy company proMedia GmbH who had been working with their record label partners to remove unauthorized content from the Internet. The Hamburg-based company spotted a music album being made available on Uploaded so wrote to the company with a request for it to be removed.

“In the case at hand, a notice with regards to some infringing URLs on the file-hosting site was sent to the given abuse contact of the site,” Mirko Brüß, a lawyer with record label lawfirm Rasche Legal, told TorrentFreak.

However, three days later the album was still being made available so the lawfirm sent Uploaded an undertaking to cease and desist. When the file-hosting site still didn’t respond, Rasche Legal obtained a preliminary injunction against Uploaded.

“After it was served in Switzerland, the file-hoster objected and the court had an oral hearing in September,” Brüß explains.

In its response Uploaded appealed the injunction claiming it had never been aware of the takedown notices from proMedia GmbH. Lars Sobiraj of Tarnkappe told TF that Uploaded claimed to have received an empty Excel spreadsheet so didn’t react to it, preferring instead to receive plain text documents or complaints via its official takedown tool.

Rasche Legal later sent another email but Uploaded staff reportedly didn’t get a chance to read that either since an email server identified the correspondence as spam and deleted it.

“We did not believe this ‘story’ but thought they had just failed to process the notice expeditiously,” Brüß tolf TF.

In its judgment on the case the Hamburg District Court found that while service providers have no general obligations to monitor for infringing content on their services, the same cannot be said of infringements they have been made aware of.

However, the big question sat on Uploaded’s claims that it had never been aware of the infringements in question since it had never received the notices relating to them. In the event the Court found that sending the emails to Uploaded was enough to notify the service that infringements were taking place and that it must take responsibility for ending them.

“The Court followed our reasoning, meaning it is sufficient that the file-hoster actually receives the notice in a way that you can expect it to be read under normal circumstances,” Brüß says.

“There is a similar jurisdiction with regards to postal mail, where it is sufficient that the letter has reached your inbox and it is not necessary that you actually read the content of the letter in order for it to take legal effect. So here, we had proved that the takedown notice did reach the file-hoster’s mailserver, they only failed to act upon it.”

A ruling in the opposite direction would have opened up the possibility of other companies in a similar position to Uploaded blaming technical issues each time they failed to take down infringing content, Brüß explains. Instead, file-hosters are now required to respond quickly to complaints or face liability.

“So in essence, file-hosters need to make sure that they attain knowledge of all notices sent to them and act upon these notices expeditiously, or they face secondary (or even primary) liability. Also, the court stated that it does not matter by which means the notices are sent,” Brüß concludes.

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

Google Will Punish “Pirate” Sites Harder in Search Results

Posted: 17 Oct 2014 02:04 PM PDT

Over the past few years the entertainment industries have repeatedly asked Google to step up its game when it comes to anti-piracy efforts.

These remarks haven't fallen on deaf ears and Google has slowly implemented various new anti-piracy measures in response.

Today Google released an updated version of its “How Google Fights Piracy” report. The company provides an overview of all the efforts it makes to combat piracy, but also stresses that copyright holders themselves have a responsibility to make content available.

One of the most prominent changes is a renewed effort to make “pirate” sites less visible in search results. Google has had a downranking system in place since 2012, but this lacked effectiveness according to the RIAA, MPAA and other copyright industry groups.

The improved version, which will roll out next week, aims to address this critique.

“We've now refined the signal in ways we expect to visibly affect the rankings of some of the most notorious sites. This update will roll out globally starting next week,” says Katherine Oyama, Google’s Copyright Policy Counsel.

The report notes that the new downranking system will still be based on the number of valid DMCA requests a site receives, among other factors. The pages of flagged sites remain indexed, but are less likely to be the top results.

“Sites with high numbers of removal notices may appear lower in search results. This ranking change helps users find legitimate, quality sources of content more easily,” the report reads.

Looking at the list of sites for which Google received the most DMCA takedown request, we see that 4shared, Filestube and Dilandau can expect to lose some search engine traffic.

The report further highlights several other tweaks and improvements to Google’s anti-piracy efforts. For example, in addition to banning piracy related AutoComplete words, Google now also downranks suggestions that return results with many “pirate” sites.

Finally, the report also confirms our previous reporting which showed that Google uses ads to promote legal movie services when people search for piracy related keywords such as torrent, DVDrip and Putlocker. This initiative aims to increase the visibility of legitimate sites.

A full overview of Google’s anti-piracy efforts is available here.

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

United States Hosts Most Pirate Sites, UK Crime Report Finds

Posted: 17 Oct 2014 10:19 AM PDT

The UK IP Crime Group, a coalition of law enforcement agencies, government departments and industry representatives, has released its latest IP Crime Report.

The report is produced by the UK Government’s Intellectual Property Office and provides an overview of recent achievements and current challenges in the fight against piracy and counterfeiting. Increasingly, these threats are coming from the Internet.

“One of the key features in this year's report is the continuing trend that the Internet is a major facilitator of IP crime,” the Crime Group writes.

The report notes that as in previous years, Hollywood-funded industry group FACT remains one of the key drivers of anti-piracy efforts in the UK. Over the past year they’ve targeted alleged pirate sites though various channels, including their hosting providers.

Not all hosts are receptive to FACT’s complaints though, and convincing companies that operate abroad is often a challenge. This includes the United States where the majority of the investigated sites are hosted.

“Only 14% of websites investigated by FACT are hosted in the UK. While it is possible to contact the hosts of these websites, there still remains a considerable number of copyright infringing websites that are hosted offshore and not within the jurisdiction of the UK.”

“Analysis has shown that the three key countries in which content is hosted are the UK, the USA and Canada. However, Investigating servers located offshore can cause specific problems for FACT's law enforcement partners,” the report notes.

The figure above comes as a bit of a surprise, as one would expect that United States authorities and industry groups would have been keeping their own houses in order.

Just a few months ago the US-based IIPA, which includes MPAA and RIAA as members, called out Canada because local hosting providers are “a magnet” for pirate sites. However, it now appears they have still plenty of work to do inside U.S. borders.

But even when hosting companies are responsive to complaints from rightsholders the problem doesn’t always go away. The report mentions that most sites simply move on to another host, and continue business as usual there.

“In 2013, FACT closed a website after approaching the hosting provider on 63 occasions. Although this can be a very effective strategy, in most instances the website is swiftly transferred onto servers owned by another ISP, often located outside the UK.”

While downtime may indeed be relatively brief the report claims that it may still hurt the site, as visitors may move on to other legitimate or illegitimate sources.

“The [moving] process usually involves a disruptive period of time whereby the website is offline, during which users will often find an alternative service, thus negatively affecting the website's popularity.”

While hosting companies remain a main target, tackling the online piracy problem requires a multi-layered approach according to the UK Crime Group.

With the help of local law enforcement groups such as City of London’s PIPCU, copyright holders have rolled out a variety of anti-piracy measures in recent months. This includes domain name suspensions, cutting off payment processors and ad revenue, website blocking by ISPs and criminal prosecutions.

These and other efforts are expected to continue during the years to come. Whether that will be enough to put a real dent in piracy rates has yet to be seen.

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

PirateBay

Torrentfreak: “Uploaded.net Liable For Failing to Delete Copyright Content” plus 2 more

Torrentfreak: “Uploaded.net Liable For Failing to Delete Copyright Content” plus 2 more