hypnosec writes "After a prolonged outage that lasted for nearly a week Demonoid has reportedly been audited and closed down by the Ukrainian law enforcement agency. According to reports the Ukrainian anti-cybercrime police division carried out an investigation of ColoCall – the hosting service provider for Demonoid. Servers were sealed after all the data on the servers was copied. According to ColoCall the servers haven't been seized but, they are not operational any more. The hosting service provider is going to end the agreement with Demonoid. 'Investigators have copied all the information from the Demonoid servers and sealed them.' a manager from ColoCall, wishing to stay anonymous, said."

An anonymous reader writes "Nick Bilton writes in the NY Times about how the fight against online piracy is 'like playing the world's largest game of Whac-A-Mole.' While this will come as no surprise to Slashdot readers, it's interesting to see how mainstream sources are starting to realize how pointless and ineffective the war on piracy actually is. Bilton writes, 'The copyright holders believe new laws will stop this type of piracy. But many others believe any laws will just push people to find creative new ways of getting the content they want. "There's a clearly established relationship between the legal availability of material online and copyright infringement; it's an inverse relationship," said Holmes Wilson, co-director of Fight for the Future, a nonprofit technology organization that is trying to stop new piracy laws from disrupting the Internet. "The most downloaded television shows on the Pirate Bay are the ones that are not legally available online." The hit HBO show Game of Thrones is a quintessential example of this. The show is sometimes downloaded illegally more times each week than it is watched on cable television. But even if HBO put the shows online, the price it could charge would still pale in comparison to the money it makes through cable operators. Mr. Wilson believes that the big media companies don't really want to solve the piracy problem.'"

Social bookmarking site myVidster was the target of a copyright infringement case because it allowed its users to embed videos from other sites on its pages. Some of the videos infringed upon various copyrights, and the plaintiff in the case was granted a preliminary injunction against myVidster in 2011. Now, the Seventh Circuit Court of Appeals has overturned the injunction, saying that merely embedding copyright-infringing videos hosted elsewhere does not necessarily contribute to the infringement. Judge Posner wrote in the opinion (PDF), "myVidster is giving web surfers addresses where they can find entertainment. By listing plays and giving the name and address of the theaters where they are being performed, the New Yorker is not performing them. It is not 'transmitting or communicating' them. ... Is myVidster doing anything different? ... myVidster doesn't touch the data stream, which flows directly from one computer to another, neither being owned or operated by myVidster." However, the door is not shut on this issue: "Flava may be entitled to additional preliminary injunctive relief as well, if it can show, as it has not shown yet, that myVidster’s service really does contribute significantly to infringement of Flava’s copyrights." If myVidster was actively encouraging the sharing, hosting the videos itself, or profiting from their showing, the ruling likely would have been different.

hypnosec tipped us to reports that Demonoid is still down after a suffering a massive DDoS last week, and that the domain is now redirecting to a malware-ridden spam site. Notable for surviving a CRIA mandated shutdown, this may be lights out for the torrent tracker: "To begin, while Demonoid’s admin told us that he would eventually bring the site back online, he clearly has other things on his mind. A really important family event puts a torrent site nowhere near the top of his priorities. ... Demonoid has been experiencing staffing issues this year. As we mentioned in an earlier article, there were rumors that one or maybe more Demonoid staffers had been questioned by authorities about their involvement in the site."

jfruh writes "One of the arguments against the now-dormant SOPA legislation was that, in addition to eroding Internet freedom, it would also be ineffective in stopping music piracy. Well, according to a leaked report, the RIAA agrees with the latter argument. The proposed laws would 'not likely to have been an effective tool for music,' according to the report. Another interesting revelation is that, despite the buzz and outrage over P2P sharing, most digital music piracy takes place via sneakernet, with music moving among young people on hard drives and ripped CDs."

An anonymous reader tips this news from TorrentFreak: Earlier this year the sentences against the Pirate Bay defendants were made final. Aside from prison sentences, they will have to pay damages to the entertainment industries, including €550,000 to several major music labels. The court awarded the damages to compensate artists and rightsholders for their losses. However, it now turns out that artists won’t see a penny of the money, as the labels have allocated it to IFPI to fund new anti-piracy campaigns. ...While it may come as no surprise that the music industry has a hard time getting money from The Pirate Bay defendants, what comes next may raise a few eyebrows. 'There is an agreement that any recovered funds will be paid to IFPI Sweden and IFPI London for use in future anti-piracy activities,' IFPI writes. In other words, the money that the Court awarded to compensate artists and rightsholders for their losses is not going to the artists at all."

An anonymous reader writes "Romero is willing to give Ouya the benefit of the doubt, but he sees it filling a niche for neither gamers nor developers. 'I think it's cool that they're making a platform, but it's not really the answer that's coming from Apple about the next generation of consoles. Developers really want to invoke the spirit of the Apple II, Android isn't the operating system with which to do it,' Romero said. 'There are two platforms: [iOS] makes money [and] is still very programmable, like the Apple II, and then the other is Android, which is a piracy platform, and you're not doing anything new with it.'"

hypnosec writes "IFPI has inadvertently made available its own confidential internal report, penned by none other than IFPI's chief anti-piracy officer, which details its strategy against online piracy for major recording labels across the globe. The document, 30-pages long, talks about file sharing sites, torrents, cyberlockers, phishing attacks, expectations from Internet service providers, mp3 sites and a lot more. The document is a global view representation of IFPI's 'problems,' 'current and future threats,' and the industry's responses to them." A few tactics: shutting down music services, requiring file lockers filter uploads or be shut down (interesting, since the DMCA's one good provision is the safe harbor, and proactive filtering could mean losing that protection), lobbying for DNS blocking legislation, pressuring ISPs into extra-legally enforcing their will, disrupting payment processing for pirate sites through blacklists, and providing "training built around 'real world' experiences and challenges rather than focusing on theory" on copyright law to judges and legal bodies.

Following news this week of a game developer who turned the Android version of a game free because of piracy concerns, software developer Matt Gemmell has written a lengthy post explaining why he thinks Android apps are laboring under a broken business model. "People have to get paid. There has to be a revenue stream. You can’t reliably have that revenue stream if the platform itself and the damaged philosophy behind it actively sabotages commerce. If you want a platform to be commercially viable for third-party software developers, you have to lock it down. Just like in real life, closing the door and locking it helps make sure that your money remains yours. Bad behaviour has to be more difficult than good behaviour - and good behaviour means paying for your software." He also has some harsh arguments about some of the assumptions and philosophies underpinning the an industry built on an open platform. "Nerds like to say that people care about choice at that level. Nerds are wrong. Nerds care about choice, and nerds are such a tiny minority of people that nobody else much cares what the hell they think. Android is designed with far too much nerd philosophy, and open is gravy to those people because it’s synonymous with customization. ... Open is broken as a money-making platform model, unless you’re making the OS or the handsets. Most of us aren't doing that."

hypnosec writes with news of a curious way of fighting piracy. From the article: "Android based devices are being activated at the rate of million a day and users are downloading apps and games at a rate never seen before. Despite these promising stats, developers of Android based games and apps are not really keen on porting games and apps that have been successful on iOS to Android. Why? Rampant piracy on Android! Madfinger Games has joined the long list of developers who have recently turned their paid Android based game, Dead Trigger, to a free one. Originally priced at $0.99 on Play Store, the first person shooter game is now available for free . The iOS version of the game still costs $0.99 and hasn't been made free." Zero-cost, but certainly not Free Software; one has to wonder whether Open Source games with a "donation" build in the store would do better than proprietary games with upfront costs.

Modellismo writes "Last week four journalists from Sansai Books were arrested for selling, through the company website, a copy of a magazine published last year (with a free cover mounted disc) focused on how to backup/rip DVDs. They violated Japan's Unfair Competition Prevention Law that recently has been revised to make illegal the sale of any DRM circumvention device or software. It's interesting to note that Japanese cyber police could arrest the Amazon Japan CEO, too, as the online giant is selling a lot of magazines, books and software packages for DVD copy and ripping: exactly what put Sansai Books' staff in trouble."

zacharye writes "Oh, the irony. A musicians' rights group in the Netherlands was fined this week for stealing music from a client, using it without his permission and failing to pay royalties. Music royalty collection agency Buma/Stemra approached Dutch musician Melchior Rietveldt in 2006 and asked him to create a composition that would be used in an anti-piracy advertisement, which the group said would be shown exclusively at a local film festival. One year later, Rietveldt purchased a Harry Potter DVD only to find that his piece was being used on DVDs around the world without his permission..."

An anonymous reader writes "We recently talked about the 'Ouya' console — a conceptual Android-based gaming device that's had a massively successful Kickstarter campaign. While most people are excited about such a non-traditional console, editorials at 1Up and Eurogamer have expressed some more realistic skepticism about the claims being made and the company's ability to meet those claims. Quoting: 'Even if we set aside the issue of install base, one of Ouya's selling points could make developers wary of investing in it. Through the pitch video and on the Kickstarter page, Ouya emphasizes the ability to root the system and hack it without fear of voiding the warranty. With a standard USB port and Bluetooth support, it will be possible to use controllers and peripherals with it other than the one it comes with. What this also opens the door for is piracy and emulation. No doubt a chunk of the audience interested in Ouya are those intrigued by the idea of having a box that hooks up to a TV and can run Super Nintendo or Genesis emulators. Others will look at the system's open nature as an invitation to play its games for free; if it's as open as advertised, it should not be difficult to obtain and run illegally downloaded copies of Ouya games.' Ouya CEO Julia Uhrman has responded to the skepticism, saying, 'Ouya will be just as secure as any other Android-powered device. In fact, because all the paid content will require authentication with Ouya's servers, we have an added layer of security. Hacking and openness are about getting what you want to do with the hardware. Rooting the device won't give you any more access to the software.'"

New submitter UtucXul points out that Richard Stallman has penned a lengthy response to NPR intern Emily White for her post on the organization's site about how she failed to pay for a significant amount of recorded music, acquiring it instead through Kazaa, friends, and CDs owned by the radio station at which she was employed. (We previously discussed musician David Lowery's response; quite different from RMS's, as you might expect.) Stallman wrote, "Copying and sharing recordings was not a mistake, let alone wrong, because sharing is good. It's good to share musical recordings with friends and family; it's good for a radio station to share recordings with the staff, and it's good when strangers share through peer-to-peer networks. The wrong is in the repressive laws that try to block or punish sharing. Sharing ought to be legalized; in the mean time, please do not act ashamed of having shared — that would validate those repressive laws that claim that it is wrong. You did make a mistake when you chose Kazaa as the method of sharing. Kazaa mistreated you (and all its users) by requiring you to run a non-free program on your computer. ... However, that was in the past. It's more important to consider what you're doing now, which includes other mistakes. You're not alone — many others make them too, and that adds up to a big problem for society. The root mistake is treating a marketing buzzword, 'the cloud,' as if it meant something concrete. That term refers to so many things (different ways of using the Internet) that it really has no meaning at all. Marketing uses that term to lead people's attention away from the important questions about any given use of the network, such as, 'What companies would I depend on if I did this, and how? What trouble could they cause me, if they wanted to shaft me, or simply thought that a change in policies would gain them more money?'"

MrSeb sends this excerpt from DailyDot: "Shortly, a new system in the U.S. will allow your ISP to give you gradually sterner warnings and possible punishment if you download copyrighted material. The Copyright Alerts System (CAS) — more commonly known as the 'six strikes' policy, after the number of warnings users receive — is coming. Soon. Any minute now. Really. But it's not here yet, even though several news outlets — including CNN — said the system would go online yesterday, Thursday. Speaking to the Daily Dot, a press contact for the six strikes system says: 'We do not intend to launch until we are confident that the program is consumer friendly. We expect our implementation to begin later this year, with each of the ISPs launching at potentially overlapping but different times.' ... The six strikes system is officially helmed by an industry coalition called the Center for Copyright Information (CCI), which was created by the MPAA and RIAA. It counts the U.S.'s five top ISPs under its umbrella: AT&T, Cablevision, Comcast, Time Warner Cable, and Verizon."

pigrabbitbear writes "Lamar Smith just can't get a break. The Texas congressman and widely despised author of the Stop Online Piracy Act (SOPA) ruffled the Internet's feathers once again this week with the quiet unveiling of a new piece of legislation that's drawing criticism for being plucked out of SOPA's language and rushed through Congress. The Intellectual Property Attaché Act (IPAA) would streamline the process by which the U.S. protects its intellectual property by enforcing U.S. copyright law abroad through specially assigned diplomats or attachés. These officers would report to a new agency-level position, the Assistant Secretary for Intellectual Property and push agendas that, according to the bill's language, are 'consistent with the economic interests of the United States, both domestically and abroad.'"

NewYorkCountryLawyer writes "The United States Court of Appeals for the Fifth Circuit has upheld sanctions awarded by a District Court against one of the lawyers bringing copyright infringement cases against individuals for BitTorrent movie downloads, in Mick Haig Productions v. Does 1-670. The Court's opinion (PDF) described the lawyer's 'strategy' as 'suing anonymous internet users for allegedly downloading pornography illegally using the powers of the court to find their identity, then shaming or intimidating them into settling for thousands of dollars — a tactic that he has employed all across the state and that has been replicated by others across the country.'"

Master Moose sends this quote from Stuff.co.nz: "Kim Dotcom claims the United States criminal case against him is collapsing but he is offering to go there without extradition provided federal authorities unfreeze his millions of dollars. In a now hallmark style, he made the offer on Twitter. 'Hey DOJ, we will go to the US,' he tweeted, 'No need for extradition. We want bail, funds unfrozen for lawyers & living expenses.' In an interview with The Hollywood Reporter Dotcom says the department knows it does not have a case. 'If they are forced to provide discovery, then there will be no extradition. That's why they don't want to provide discovery. If they had a case, they would not need to hide what they have.'"

bs0d3 writes "In regards to the new 'voluntary' graduated response deal (where no one really knows how ISPs will track and accuse customers of copyright infringement), according to CNN, it may be the ISP directly spying on their customers. 'But now that they're free from individual blame, there's also the strong possibility that the ISPs will be doing the data monitoring directly. That's a much bigger deal. So instead of reaching out to the Internet to track down illegally flowing bits of their movies, the studios will sit back while ISP's "sniff" the packets of data coming to and from their customers' computers.' This could be a problem for people who use U.S.-based internet services. If the U.S. wants to be an internet savvy country, they still need the competition in the marketplace that's always been missing, and a digital bill of rights that isn't a sneaky anti-piracy measure."

MrSeb writes "In a twist that will surprise no one except the RIAA, MPAA, BREIN, and other anti-piracy lobbies, the amount of BitTorrent traffic has stayed the same or increased in Europe following the blockade of The Pirate Bay in the UK, Netherlands, and other countries. This news comes from XS4All, one of the largest European ISPs, which has published a graph of the network traffic associated with the BitTorrent protocol — and sure enough, since the Dutch Pirate Bay blockade began in February 2012, traffic has stayed the same or increased slightly. There are probably a few reasons for this: a) The European blockades created a lot of publicity (and no publicity is bad publicity); b) TPB isn't the only torrent site out there, and many of its torrents are available elsewhere; and c) Internet denizens are a lot more savvy (proxies, VPNs, etc.) than the MPAA and co give them credit for."