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Piracy

Court Orders Telegram To Disclose Personal Details of Pirating Users (torrentfreak.com) 30

The High Court in Delhi ordered Telegram to share the personal details of copyright-infringing users with rightsholders. The messaging app refused to do so, citing privacy concerns and freedom of speech, but the court waved away these defenses, ordering the company to comply with Indian law. TorrentFreak reports: Telegram doesn't permit copyright infringement and generally takes swift action in response. This includes the removal of channels that are dedicated to piracy. For some copyright holders that's not enough, as new 'pirate' channels generally surface soon after. To effectively protect their content, rightsholders want to know who runs these channels. This allows them to take action against the actual infringers and make sure that they stop pirating. This argument is the basis of an infringement lawsuit filed in 2020.

The case in question was filed by Ms. Neetu Singh and KD Campus. The former is the author of various books, courses, and lectures, for which the latter runs coaching centers. Both rightsholders have repeatedly complained to Telegram about channels that shared pirated content. In most cases, Telegram took these down, but the service refused to identify the infringers. As such, the rightsholders asked the court to intervene. The legal battle culminated in the Delhi High Court this week via an order compelling Telegram to identify several copyright-infringing users. This includes handing over phone numbers, IP addresses, and email addresses.

The order was issued despite fierce opposition. One of Telegram's main defenses was that the user data is stored in Singapore, which prohibits the decryption of personal information under local privacy law. The Court disagrees with this argument, as the ongoing infringing activity is related to Indian works and will likely be tied to Indian users. And even if the data is stored elsewhere, it could be accessed from India. Disclosing the personal information would not be a violation of Singapore's privacy law either, the High Court adds, pointing out that there is an exception if personal details are needed for investigation or proceedings.

Telegram also brought up the Indian constitution, which protects people's privacy, as well as the right to freedom of speech and expression. However, that defense was unsuccessful too. Finally, Telegram argued that it is not required to disclose the details of its users because the service merely acts as an intermediary. Again, the Court disagrees. Simply taking infringing channels offline isn't good enough in this situation, since infringers can simply launch new ones, as if nothing had happened.

DRM

Notorious DRM Company Takes Aim At Switch Piracy (kotaku.com) 27

Denuvo, the company best known for its heavily-criticized PC gaming DRM technology, has set its sights on a new scourge: Nintendo Switch piracy. Kotaku reports: The software maker announced during GamesCom 2022 on Wednesday that it will begin selling a new product called Nintendo Switch Emulator Protection to prevent Switch games from being pirated on PC. It doesn't appear to be partnering with Nintendo on the initiative, which instead seems aimed mostly at third-party publishers of multiplatform games. "As with all other Denuvo solutions, the technology integrates seamlessly into the build toolchain with no impact on the gaming experience. It then allows for the insertion of checks into the code, which blocks gameplay on emulators," the company wrote in a press release. In the past, however, Denuvo's "checks" have been accused of making some games run worse.

"Even if a game is protected against piracy on its PC version, the released version on Switch can be emulated from day one and played on PC, therefore bypassing the strong protections offered on the PC version," Denuvo wrote. "The Nintendo Switch Emulator Protection will ensure that anyone wishing to play the game has to buy a legitimate copy."

Microsoft

Microsoft Sues Activation Key and Token Sellers For Enabling Customers' Piracy (torrentfreak.com) 41

Software sold by market leaders tend to be primary purchases for regular consumers. Brand comfort is important but so too is affordability, especially when pirate copies are available for free. Some find a middle ground with purchases of discounted activation keys but, as a new Microsoft lawsuit shows, that can amount to copyright infringement for buyers and sellers alike. From a report: In a complaint filed at a Washington court this week, Microsoft targets Canadian company The Search People Enterprises Ltd (TSPE), assumed director Mehtabjit Singh, and 'John Doe' defendants 1-10. The defendants are described as prolific distributors of "black market access devices," aka activation keys and tokens for Microsoft software. Those who bought keys and tokens may have been under the impression that they were purchasing official software but as Microsoft explains, that is not only misleading but a mischaracterization of the things they were sold.

Products including Microsoft Office, Project, Visio, Windows 10, and Windows 11 are all subject to licensing terms that restrict how the products can be used. Microsoft can also provide a product activation key to be entered as part of the installation process, with data about the activation sent to the company's servers. Like software tokens, which enable downloads and automatic software activation, activation keys are anti-piracy tools, and exchanging money for them is not the same as buying a license. Indeed, Microsoft makes itself very clear -- the activation of a piece of software means nothing in the absence of a license. Microsoft's problem is that product activation keys can be 'decoupled' from the software they were meant to authorize and then reused to activate more copies of the software, in some cases more copies than the attached Microsoft license permits.

Piracy

Record Labels' War On ISPs and Piracy Nets Multiple Settlements With Charter (arstechnica.com) 29

An anonymous reader quotes a report from Ars Technica: Charter Communications has agreed to settle piracy lawsuits filed by the major record labels, which accused the cable Internet provider of failing to terminate the accounts of subscribers who illegally download copyrighted songs. Sony, Universal, Warner, and their various subsidiaries sued Charter in US District Court in Colorado in March 2019 in a suit that claimed the ISP helps subscribers pirate music by selling packages with higher Internet speeds. They filed another lawsuit against Charter in the same court in August 2021.

Both cases were settled. The record labels and Charter told the court of their settlements on Tuesday in filings (PDF) that said (PDF), "The Parties hereby notify the Court that they have resolved the above-captioned action." Upon the settlements, the court vacated the pending trials and asked the parties to submit dismissal papers within 28 days. Charter subsidiary Bright House Networks also settled (PDF) a similar lawsuit in US District Court for the Middle District of Florida this week. The record labels' case in Florida was settled one day before a scheduled trial, as TorrentFreak reported Tuesday. The case was dismissed with prejudice (PDF) after the settlement.

No details on any of the settlements were given in the documents notifying the courts. A three-week jury trial in one of the Colorado cases was scheduled to begin in June 2023 but is no longer needed. The question for Internet users is whether the settlements mean that Charter will be more aggressive in terminating subscribers who illegally download copyrighted material. Charter declined to comment today when we asked if it agreed to increase account terminations of subscribers accused of piracy.
"Even if the settlements have no specific provision on terminating subscribers, Charter presumably has to pay the record labels to settle the claims," adds Ars' Jon Brodkin. "That could make the country's second-biggest ISP more likely to terminate subscribers accused of piracy in order to prevent future lawsuits."
Piracy

Research Shows Why Many Anti-Piracy Messages Fail (torrentfreak.com) 257

An anonymous reader quotes a report from TorrentFreak: You wouldn't steal a car, right? So why are you pirating? With this 2004 message, the movie industry hoped to turn illegal downloaders into paying customers. This campaign eventually turned into a meme and it's not the only anti-piracy advert to miss the mark. A new research paper identifies several behavioral insights that explain common mistakes made in these campaigns. [...] The general assumption of many people is that, by adding more arguments, the message will be more compelling. That's called the 'more-is-better' heuristic but behavioral research has shown that the opposite is often true. When many arguments are presented together, the stronger ones may actually be diluted by weaker ones. So, referencing malware, fines, low quality, Internet disconnections, and losses to the industry, all while associating piracy with organized crime, is not the best idea. The reduced impact of stronger and weaker arguments is also one of the reasons why the "You Wouldn't Steal a Car" campaign didn't work as planned, the researchers suggest.

Anti-piracy campaigns can also focus too much on dry numbers without putting these into context. While these statistics are vital to the industry, the average pirate will simply gloss over them. This 'mistake' can also be explained by behavioral psychology, which has shown that people identify more with a problem or victim if they feel some kind of personal connection. That's often missing from anti-piracy messages. It's worth noting that not all personal messaging is effective either. The paper mentions an Indian anti-piracy campaign where famous Bollywood actors urged people not to download films illegally, equating piracy to theft. However, the Indian public probably has little sympathy for the potential "losses" incurred by these multi-millionaire actors. In fact, the anti-piracy campaign may be seen as an extra motivation to pirate. "All videos starred well-known actors, whose net worth is estimated to be $22-$400 million dollars, in a country where the annual per capita income is a bit less than $2,000." "This can offer to pirates a moral justification: they only steal the rich to 'feed the poor', a form of 'Robin Hood effect' that makes even more sense with some cultural or sport-related goods," the researchers add.

Piracy is a widespread and global phenomenon. This makes it particularly problematic for copyright holders but emphasizing this issue in anti-piracy messages isn't a good idea. This is the third mistake that's highlighted in the article. By pointing out that people are supposed to get content legally while at the same time showing that many people don't, people might actually be encouraged to pirate. Behavioral research has shown that people often prefer to follow the descriptive norm (what people do) rather than the injunctive one (what the law prescribes). "Informing directly or indirectly individuals that many people pirate is counterproductive and encourages piracy by driving the targeted individuals to behave similarly. These messages provide to the would-be pirates the needed rationalization by emphasizing that 'everyone is doing it'," the researchers write.

Piracy

Court Orders Cloudflare's DNS Resolver 1.1.1.1 To Block Pirate Sites In Italy (torrentfreak.com) 36

An anonymous reader quotes a report from TorrentFreak: An Italian court has ordered Cloudflare to block three torrent sites on its public DNS resolver 1.1.1.1. The anti-piracy measures were requested by local music industry group FIMI and anti-piracy group FPM. [...] Rightsholders agree that there's no silver bullet to stop piracy, but they argue that Cloudflare can and should do more to address the problem. In a case before the Court of Milan, they argued that Cloudflare should go even further. In court, anti-piracy outfit FPM and the music group FIMI pointed out that Cloudflare's DNS resolver is problematic too. This DNS resolver helps people to access pirate sites, even when the sites are not using Cloudflare's CDN services. As such, Cloudflare should be required to block problematic sites on its DNS servers too. After hearing these arguments the Milan Court agreed. It issued an interim injunction that requires Cloudflare to block three torrent sites: kickasstorrents.to, limetorrents.pro and ilcorsaronero.pro. These sites are already blocked by ISPs in Italy following an order from local regulator AGCOM.

This is the first time that Cloudflare has been ordered to make pirate sites unavailable through its public DNS resolver 1.1.1.1. This is an important expansion since many Italians switched to public DNS resolvers to bypass ISP blocking measures. With the court order, rightsholders can remove this shortcut. "We welcome the Court's decision which will further strengthen the ongoing infringing site blocking program performed by AGCOM in Italy, whilst also increasing the efficiency of the enforcement actions carried out by the rightsholders to protect their online content," says FIMI CEO Enzo Mazza. [...] In theory, similar injunctions could follow against other DNS providers as well, including Google and OpenDNS. "The ruling opens the door to others that offer similar services, such as Google," Mazza told local media.

Books

A Copyright Lawsuit Threatens To Kill Free Access To Internet Archive's Library of Books (popsci.com) 50

An anonymous reader quotes a report from Popular Science: Internet Archive, a non-profit digital library and a massive repository of online artifacts, has been collecting mementos of the ever-expanding World Wide Web for over two decades, allowing users to revisit sites that have since been changed or deleted. But like the web, it too has evolved since its genesis, and in the aughts, it also began to offer a selection of ebooks that any internet user can check out with the creation of a free account. That latter feature has gotten the organization in some trouble. Internet Archive was sued by a suite of four corporate publishers in 2020 over copyright controversies -- with one side saying that what Internet Archive does is preservation, and the other saying that it's piracy, since it freely distributes books as image files without compensating the author. Last week, the ongoing case entered a new chapter as the nonprofit organization filed a motion for summary judgment, asking a federal judge to put a stop to the lawsuit, arguing that their Controlled Digital Lending program "is a lawful fair use that preserves traditional library lending in the digital world" since "each book loaned via CDL has already been bought and paid for." On Friday, Creative Commons issued a statement supporting Internet Archive's motion.

In 2006, Internet Archive started a program for digitizing books both under copyright and in the public domain. It works with a range of global partners, including other libraries, to scan materials onto its site (Cornell University made a handy guide on what works fall under copyright vs. the public domain). For copyrighted books, Internet Archive owns the physical books that they created the digital copies from and limits their circulation by allowing only one person to borrow a title at a time. Book publishers, namely Hachette Book Group, HarperCollins, John Wiley Sons, and Penguin Random House, were not keen on this practice, and they have been seeking financial damages for the 127 books (PDF) shared under copyright. Vox estimated that if the publishers win, Internet Archive would have to pay $19 million, which is about "one year of operating revenue."

In the most recent filings, the publishers accused Internet Archive of amassing "a collection of more than three million unauthorized in-copyright ebooks -- including more than 33,000 of the Publishers' commercially available titles -- without obtaining licenses to do so or paying the rightsholders a cent for exploiting their works. Anybody in the world with an internet connection can instantaneously access these stolen works via IA's interrelated archive.org and openlibrary.org websites." In its defense, Internet Archive, which is being represented by the Electronic Frontier Foundation, says that "libraries have been practicing CDL in one form or another for more than a decade," and that Internet Archive lends its digitized books on an "owned-to-loaned basis, backstopped by strong technical protections to enforce lending limits."

Piracy

Broadest US Pirate Site Injunction Rewritten/Tamed By Cloudflare (torrentfreak.com) 10

An anonymous reader quotes a report from TorrentFreak: After causing outrage among online services including Cloudflare, the most aggressive pirate site injunction ever handed down in the US has undergone significant weight loss surgery. Now before the court is a heavily modified injunction that is most notable for everything that's been removed. It appears that Cloudflare drew a very clear line in the sand and refused to step over it. [...] The injunctions granted extreme powers, from residential ISP blocking to almost any other action the plaintiffs deemed fit to keep the sites offline. Almost immediately that led to friction with third-party service providers and the situation only worsened when a concerned Cloudflare found itself threatened with contempt of court for non-compliance. The CDN company fought back with support from Google and EFF and that led the parties back to the negotiating table. Filings in the case last week suggested an acceptance by the plaintiffs that the injunction cannot be enforced in its present form. The parties promised to work on a new injunction to address both sides' concerns and as a result, a new proposal now awaits the court's approval. [...]

With the contempt of court issue behind them, Cloudflare and the plaintiffs appear to have settled their differences. An entire section in the injunction dedicated to Cloudflare suggests that the CDN company is indeed prepared to help the video companies but they'll have to conform to certain standards. Before even contacting Cloudflare they'll first need to make "reasonable, good faith efforts to identify and obtain relief for the identified domains from hosting providers and domain name registries and registrars."

If the plaintiffs still need Cloudflare's assistance, Cloudflare will comply with requests against domain names listed in this injunction and future injunctions by preventing access to the following: "Pass-through security services, content delivery network (CDN) services, video streaming services, and authoritative DNS services, DNS, CDN, streaming services, and any related services." An additional note states that the plaintiffs acknowledge that Cloudflare's compliance "will not necessarily prevent the Defendants from providing users with access to Defendants' infringing services." Given the agreement on the terms, the amended injunction will likely be signed off by the court in the coming days. Service providers everywhere will breathe a sigh of relief while rightsholders will have a template for similar cases moving forward.
The proposed amended injunction documents can be found here (1, 2, 3, 4, 5 pdf).
Piracy

Russians Are Searching For Pirated Microsoft Products and Switching To Linux (yahoo.com) 52

Nkwe writes: Russians are searching for pirated Microsoft software online after the US tech giant halted sales in the country over its invasion of Ukraine, the Kommersant newspaper reported earlier this week. Russia-based web searches for pirated Microsoft software have surged by as much as 250% after the company suspended new sales on March 4, according to Kommersant. In June so far, there's been a 650% surge in searches for Excel downloads, the media outlet added. Microsoft said earlier this month it's significantly scaling down business in Russia, joining a long list of companies winding down businesses in the country amid sweeping sanctions over the war in Ukraine. The move hits Russia hard because the country relies on foreign software to power many of its manufacturing and engineering tech systems, Bloomberg reported on Tuesday. Russian government agencies, too, are switching from Microsoft's Windows to the Linux operating system, the Moscow Times reported last Friday. Developers of Russian systems based on the Linux open source operating system are also seeing more demand, Kommersant reported. Not all sectors are able to swap out their systems easily.
Piracy

Kim Dotcom Not Happy, Says 'Mega Mass Piracy Report' Is On the Way (torrentfreak.com) 39

An anonymous reader quotes a report from TorrentFreak: Megaupload founder Kim Dotcom does not seem like a happy man right now. After accusing two of his former colleagues [Mathias Ortmann and Bram van der Kolk] of facilitating Chinese spying, Dotcom says that a report is being produced to show that mass infringement is taking place on Mega, a company he co-founded. Surprisingly, he says it will include live pirate links to content posted by Mega users. [...] Turning his attention to former colleagues Ortmann and van der Kolk, last week Dotcom publicly blamed them for his exit from Mega, claiming they had "stolen" the company from him. How this dovetails with previous allegations related to his major falling out with former Mega CEO Tony Lentino, who also founded domain name registrar Instra, is unknown.

Local media reports suggest that Dotcom hasn't spoken to former friends Ortmann and van der Kolk for years but their recent deal to avoid extradition in the Megaupload case by pleading guilty to organized crime charges puts Dotcom in a tough spot. "My co-defendants who claimed to be innocent for 10+ years were offered a sweet exit deal for a false confession," he said last week. And he wasn't finished there. After a research team found that Mega was vulnerable to attacks that allow for a "full compromise of the confidentiality of user files", Ortmann himself responded via a security notification stating that the issues had been fixed. In response, Dotcom accused Ortmann and van der Kolk of creating "backdoors" in Mega so that the Chinese government could decrypt users' files. "Same shady guys who just made a deal with the US and NZ Govt to get out of the US extradition case by falsely accusing me," he added.

Whether this reference to the no-extradition-deal betrayed what was really on Dotcom's mind is up for debate but whatever the motivation, he's not letting it go. In a tweet posted yesterday, he again informed his 850K+ followers that the company he founded "is not safe" and people who think that their files are unreadable by Mega are wrong. Shortly after, Dotcom delivered another message, one even darker in tone. It targeted Mega, the company he co-founded and where his colleagues still work. It's possible to interpret the tweet in several ways but none seem beneficial to his former colleagues, Mega, or its users. "In addition to security vulnerabilities a comprehensive report about mass copyright infringement on Mega with millions of active links and channels is in the works," he said.
"[P]erhaps the most worrying thing about this new complication in an escalating dispute is its potential to affect the minority of users that actually store infringing files on Mega," adds TorrentFreak. "Any detailed report of 'mass copyright infringement' will draw negative attention directly to them, especially if the report includes active hyperlinks as Dotcom suggests."

"Couple that with Dotcom's allegations that the content of user files can be read, any conclusion that this upcoming infringement report hasn't been thought through from a user perspective can be easily forgiven..."
Security

Cyber Pirates Prowling Ship Controls Threaten Another Big Shock (bloomberg.com) 34

An anonymous reader shares a report: In February 2019, a large container ship sailing for New York identified a cyber intrusion on board that startled the US Coast Guard. Though the malware attack never controlled the vessel's movement, authorities concluded that weak defenses exposed critical functions to "significant vulnerabilities." A maritime disaster didn't happen that day, but a warning flare rose over an emerging threat to global trade: cyber piracy able to penetrate on-board technology that's replacing old ways of steering, propulsion, navigation and other key operations. Such leaps in hacking capabilities could do enormous economic damage, particularly now, when supply chains are already stressed from the pandemic and the war in Ukraine, experts including a top Coast Guard official said.

"We've been lucky so far," said Rick Tiene, vice president with Mission Secure, a cybersecurity firm in Charlottesville, Virginia. "More and more incidents are happening, and the hackers are getting a better understanding what they can do once they've taken over an operational technology system. In the case of maritime -- whether it be the ports or the vessels themselves -- there is a tremendous amount that could be done to harm both the network and physical operations." Rear Admiral Wayne Arguin, the Coast Guard's assistant commandant for prevention policy, said shipping faces cyber risks similar to those in other industries -- it's just that the stakes are so much higher given that almost 80% of global trade moves on the sea. While Arguin declined to put a number on the frequency of attempted break-ins, he said "I feel very confident that every day networks are being tested, which really reinforces the need to have a plan."
"That universe includes not just ship operators but port terminals and the thousands of logistics links in global supply chains that are increasingly interconnected," the story adds.
Crime

Nintendo Wanted Hacker's Prison Sentence To Turn Heads (axios.com) 66

Nintendo described the sentencing of a hacker earlier this year as a "unique opportunity" to send a message to all gamers about video game piracy. Axios reports: A newly released transcript of the Feb. 10 sentencing of Gary Bowser provides rare insight, directly from Nintendo, about the company's grievances. Bowser, a Canadian national, pled guilty last year to U.S. government cybercrime charges over his role as a top member of Team Xecuter. The group sold tech that circumvented copyright protections and enabled the Nintendo Switch and other systems to play pirated games. Authorities estimated the piracy cost Nintendo upward of $65 million over nearly a decade and even compelled the company to spend resources releasing a more secure model of the Switch.

"This is a very significant moment for us," Nintendo lawyer Ajay Singh told the court at the time, as he laid out the company's case against piracy and awaited the sentencing. "It's the purchase of video games that sustains Nintendo and the Nintendo ecosystem, and it is the games that make the people smile," Singh said. "It's for that reason that we do all we can to prevent games on Nintendo systems from being stolen." He noted Nintendo's losses from Team Xecuter's piracy and sounded a note of sympathy for smaller non-Nintendo game makers whose works are also pirated. And he wove in a complaint about cheating, which he said Team Xecuter's hacks enabled. Cheating could scare off honest players and upset families: "Parents should not be forced to explain to their children why people cheat and why sometimes games are not fair, just because one person wants an unfair advantage."

At the hearing, U.S. District Judge Robert Lasnik noted that TV and movies glorify hackers as "sticking it to the man," suggesting that "big companies are reaping tremendous profits and it's good for the little guy to have this." "What do you think?" Lasnik asked Nintendo's lawyer at one point. "What else can we do to convince people that there's no glory in this hacking/piracy?" "There would be a large benefit to further education of the public," Singh replied. In brief remarks directly to Lasnik, Bowser said longer prison time wouldn't scare off hackers. "There's so much money to be made from piracy that it's insignificant," he said.

The Internet

Ask Slashdot: Why Haven't They Increased Size Limits for Email Attachments? 260

"Email system are quite capable of sending and receiving large attachments," writes long-term Slashdot reader Stonefish "However, size limits are generally tiny."

And then he tells a story... In the late 1990s I worked for a research organisation maintaining their mail system, and had recently introduced mail size constraints. Within the first day it had blocked a number of emails — including a 700MB attachment.

Being a master of all thing Internet I called up the sender to tell him firstly how such a large email would cause problems for the receiver, and secondly how there were far more efficient ways of sending things. Given that he was on the same campus he invited me down to his lab to discuss this further. (After showing me round his lab, which was pretty impressive apart from the large "Biohazard" and "Radioactive" materials labels on the doors.) He told me that the facility he was sending the attachments to was a supercomputing hub with similar "Fat" pipes to the Internet so the large emails weren't a problem. I then spoke about the "efficiency" of the mail protocol and he said that he'd show me what efficient was and did a quick, "drag, drop and send" of another 700MB file of his latest research results.

He was right, I was wrong, it was efficient from his perspective and all his previous emails were easily available demonstrating when and where they were sent. As a result of this we changed our architecture and bought bulk cheap storage for email as it was a cheap, searchable and business focused approach to communications.

However 20 years plus later, even though networks are tens of thousands of times faster and storage is tens of thousands of times cheaper — email size limits remain about the same. Email remains cheap, efficient and ubiquitous — but we expect people to upload a file to a site and generate a link and embed in a manner that means we lose control of our data or it disappears in 12 months.

What's missing from this analysis? (Wikipedia's page on email attachments notes the intermediate "mail transfer agents" that store and forward email "and may therefore also impose size limits.") But even that page admits some attachment limits are arbitrary.

I always assumed it was an anti-piracy measure. Anyone know the real answer? Share your own thoughts in the comments.

Why haven't they increased size limits for email attachments?
Piracy

YouTube and Uploaded Could Be Liable For Pirating Users, Court Rules (torrentfreak.com) 36

An anonymous reader quotes a report from TorrentFreak: Platforms such as YouTube and Uploaded could be directly liable for the copyright-infringing uploads of their users. The German Federal Court of Justice came to this conclusion based on advice from the EU's top court. Several liability lawsuits will now be sent back to the lower court to decide whether damages are indeed warranted.

The Federal Court's decision opens the door to a potential liability ruling. Whether damages are indeed warranted depends on the situation, which will require review by the lower courts. In essence, the courts will now have to decide whether the measures YouTube and Uploaded have taken in response to the reported copyright infringements are sufficient. As such, it will be among the first cases where the "upload filter" requirements of the Copyright Directive will be put to the test.

Piracy

New Copyright Lawsuit Targets Uploaders of 10-Minute Movie Edits (torrentfreak.com) 74

An anonymous reader quotes a report from TorrentFreak: The ordeal of three people, who edited major movies down to 10 minutes and then uploaded those summaries to YouTube, is not over yet. After being arrested and found guilty in a criminal court last year, they now face action in the civil courts. A total of 13 companies including Toei, Kadokawa, Nikkatsu, and Fuji, say they are entitled to at least $3.9 million in copyright damages. [...] Clear indications of how seriously the anti-piracy groups and media companies are taking this action were on display after the lawsuit was filed last week. A press conference was held in Tokyo with a representative of CODA and three attorneys present to answer questions on the case.

Those present, including CODA director Takero Goto, highlighted that the three defendants committed criminal acts when they uploaded the movie edits and then profited from advertising revenue. The civil action aims to underline those convictions with a strong message that rightsholders will not allow people to free-ride on creators' content without facing significant financial consequences. The overall message is one of deterrence coupled with the reaffirmation of copyright law, Goto said.

Hardware

iFixit On Right To Repair's Remaining Obstacles, Hope (arstechnica.com) 22

iFixit CEO Kyle Wiens sat down with Ars Technica to discuss the fight for the right to repair. Here's an excerpt from their report: Tech repairs got complicated in 1998 when Congress passed the Digital Millennium Copyright Act [PDF]. Section 1201 of the copyright law essentially made it illegal to distribute tools for, or to break encryption on, manufactured products. Created with DVD piracy in mind, it made fixing things like computers and tractors significantly harder, if not illegal, without manufacturer permission. It also represented "a total sea change from what historic property rights have been," Wiens said. This makes Washington, DC, the primary battleground for the fight for the right to repair. "Because this law was passed at the federal level, the states can't preempt. Congress at the federal level reset copyright policy. This fix has to happen at the US federal level," Wiens told Ars Technica during the Road to Frontiers talk.

The good news is that every three years, the US Copyright Office holds hearings to discuss potential exemptions. Right to repair advocates are hoping Congress will schedule this year's hearing soon. Wiens also highlighted the passing of the Freedom to Repair Act [PDF] introduced earlier this year as critical for addressing Section 1201 and creating a permanent exemption for repairing tech products.

Apple's self-service repair program launched last month marked a huge step forward for the right to repair initiated by a company that has shown long-standing resistance. Wiens applauded the program, which provides repair manuals for the iPhone 12, 13, and newest SE and will eventually extend to computers. He emphasized how hard it is for iFixit to reverse-engineer such products to determine important repair details, like whether a specific screw is 1 or 1.1 mm. [...]

Wiens envisioned a world where gadgets not only last longer but where you may also build relationships with local businesses to keep your products functioning. He lamented the loss of businesses like local camera and TV repair shops extinguished by vendors no longer supplying parts and tools. [...] He also discussed the idea of giving gadgets second and even third lives: An aged smartphone could become a baby monitor or a smart thermostat. "I think we should be talking about lifespans of smartphones in terms of 20, 25 years," Wiens said.
The livestream of the discussion can be viewed here.
Piracy

Foreign Torrent Site Operator Can Be Sued in the US, Court Says 61

An anonymous reader shares a report: The Pakistani operator of popular torrent site MKVCage can be held personally liable for contributory copyright infringement in the US. The case in question was filed by the makers of the film Hellboy. US District Court Judge Seabright concludes that the use of US-based services invokes jurisdiction, even though a magistrate judge concluded otherwise.
Piracy

US Copyright Office Seeks Input On Mandatory DMCA 'Upload Filters' (torrentfreak.com) 83

An anonymous reader quotes a report from TorrentFreak: The U.S. Copyright Office has launched a public consultation to evaluate whether it's wise to make certain technical protection measures mandatory under the DMCA. The Office hopes to hear all relevant stakeholders and the public at large in what may become a de facto review of the recently introduced SMART Copyright Act. [...] Following repeated nudges from Senators Thom Tillis and Patrick Leahy, the Copyright Office started looking into automated tools that online services can use to ensure that pirated content can't be easily reuploaded. This "takedown and staydown' approach relies on technical protection tools, which include upload filters. This is a sensitive subject that previously generated quite a bit of pushback when the EU drafted its Copyright Directive. To gauge the various options and viewpoints, the Copyright Office launched a consultation last year, which triggered a wave of objections and opposition.

Last week, the Office followed up with yet another consultation, asking for input on shortcomings in the current DMCA legislation and what alternatives could help to improve things. As things stand, online services are allowed to implement their own upload filters, which many do. Scanning uploads for potentially copyright-infringing content isn't mandatory but that could change in the future. The consultation outline mentions several potential changes to the DMCA's Section 512, such as online services losing their safe harbor protection if they fail to implement specific "standard technical measures" (STMs). "Is the loss of the section 512 safe harbors an appropriate remedy for interfering with or failing to accommodate STMs?" the Copyright Office asks. "Are there other obligations concerning STMs that ought to be required of internet service providers?" the list of questions continues.

Stakeholders are asked to share their views on these matters. While it is uncertain whether any measures will be made mandatory, the Copyright Office is already looking ahead. For example, who gets to decide what STMs will be mandatory, and how would the rulemaking process work? "What entity or entities would be best positioned to administer such a rulemaking? What should be the frequency of such a rulemaking? What would be the benefits of such a rulemaking? What would be the drawbacks of such a rulemaking?"

Piracy

Pirate Site Blocking Is Making Its Way Into Free Trade Agreements (torrentfreak.com) 39

The new free trade agreement between Australia and the UK includes a site blocking paragraph. The text requires the countries to provide injunctive relief to require ISPs to prevent subscribers from accessing pirate sites. While this doesn't change much for the two countries, rightsholders are already eying similar requirements for trade deals with other nations. TorrentFreak reports: The inclusion of a blocking paragraph in the copyright chapter of the trade deal was high on the agenda of various copyright holder groups. Following a series of hearings and consultations, both countries settled on the following text:

1. Each Party shall provide that its civil judicial authorities have the authority to grant an injunction against an ISP within its territory, ordering the ISP to take action to block access to a specific online location, in cases where:
(a) that online location is located outside the territory of that Party; and
(b) the services of the ISP are used by a third party to infringe copyright or related rights in the territory of that Party.

2. For greater certainty, nothing in this Article precludes a Party from providing that its judicial authorities may grant an injunction to take action to block access to online locations used to infringe intellectual property rights in circumstances other than those specified in paragraph 1.


This hasn't gone unnoticed by the Alliance for Intellectual Property, which represents rightsholder organizations such as the MPA, BPI, and the Premier League. The group repeatedly urged the UK Government to include site-blocking powers in the agreement. In a recent submission to the UK Government, the Alliance once again stresses the importance of site blocking, while also hinting at broadening the current anti-piracy toolbox. "It has become a hugely valuable tool in the armory of rights holders looking to protect their IP. It is vital that the UK Government ensures the preservation of the no-fault injunctive relief regime," the Alliance writes. "We would also encourage the opening of dialogue, wherever possible, to share experience around UK practices and to encourage faster, more efficient website blocking procedures, whether through civil, criminal, administrative or voluntary means."

The site-blocking language is already included in the latest trade deal draft but the Alliance is also looking ahead at future agreements with other countries. In this context, the blocking paragraph will send a clear message. "We would therefore urge the UK Government to include reference to the site blocking legislation in the FTA with Australia as it will send an important message to future countries that we might chose [sic] to negotiate trade agreements with." The Alliance for Intellectual Property doesn't mention any other countries by name. However, it specifically references a report from the U.S. Copyright Office where site blocking was mentioned as a potential future anti-piracy option. In the same report, the Copyright Office also stressed that further research would be required on the effect and impact of a U.S. site-blocking scheme, but the idea wasn't dismissed outright.

Piracy

Every ISP In the US Has Been Ordered To Block Three Pirate Streaming Services (arstechnica.com) 115

An anonymous reader quotes a report from Ars Technica: A federal judge has ordered all Internet service providers in the United States to block three pirate streaming services operated by Doe defendants who never showed up to court and hid behind false identities. The blocking orders affect Israel.tv, Israeli-tv.com, and Sdarot.tv, as well as related domains listed in the rulings and any other domains where the copyright-infringing websites may resurface in the future. The orders came in three essentially identical rulings (see here, here, and here) issued on April 26 in US District Court for the Southern District of New York.

Each ruling provides a list of 96 ISPs that are expected to block the websites, including Comcast, Charter, AT&T, Verizon, and T-Mobile. But the rulings say that all ISPs must comply even if they aren't on the list: "It is further ordered that all ISPs (including without limitation those set forth in Exhibit B hereto) and any other ISPs providing services in the United States shall block access to the Website at any domain address known today (including but not limited to those set forth in Exhibit A hereto) or to be used in the future by the Defendants ('Newly Detected Websites') by any technological means available on the ISPs' systems. The domain addresses and any Newly Detected Websites shall be channeled in such a way that users will be unable to connect and/or use the Website, and will be diverted by the ISPs' DNS servers to a landing page operated and controlled by Plaintiffs (the 'Landing Page')." That landing page is available here and cites US District Judge Katherine Polk Failla's "order to block all access to this website/service due to copyright infringement." "If you were harmed in any way by the Court's decision you may file a motion to the Federal Court in the Southern District of New York in the above case," the landing page also says.

The three lawsuits were filed by Israeli TV and movie producers and providers against Doe defendants who operate the websites. Each of the three rulings awarded damages of $7.65 million. TorrentFreak pointed out the rulings in an article Monday. The orders also contain permanent injunctions against the defendants themselves and other types of companies that provided services to the defendants or could do so in the future. That includes companies like Cloudflare, GoDaddy, Google, and Namecheap. In all three cases, none of the defendants responded to the complaints and did not appear in court, the judge's rulings said. "Defendants have gone to great lengths to conceal themselves and their ill-gotten proceeds from Plaintiffs' and this Court's detection, including by using multiple false identities and addresses associated with their operations and purposely deceptive contact information for the infringing Website," the rulings say. The defendants are liable for copyright infringement and violated the anti-circumvention provision of the Digital Millennium Copyright Act (DMCA), the judge wrote [...].

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