Tag Archive: anti-piracy


sportsrowYesterday, several sports streaming sites had their domain names seized by the Department of Justice and Homeland Security’s ICE unit.

Leading up to the Super Bowl this weekend, a total of 307 domain names were seized, 16 of which provided access to online streams of popular sporting events.

Commenting on the actions, ICE Director John Morton was quick to declare victory, but perhaps this came a little too soon. Firstrow, one of the largest sites which had several of its domains taken over by the US government, is not planning to give up the ‘battle’ anytime soon.

Quickly after its firstrow.tv, firstrowsports.tv, firstrowsports.net and firstrowsports.com domains were seized, the service was operating as normal under a new domain – Firstrowsports.eu. Talking to TorrentFreak, one of the owners said that the US has stepped out of line by simply taking away their property.

“The US has prided itself on their ‘innocent before proven guilty’ mantra, yet is clearly hypocritical when it comes to this,” the Firstrow co-owner told us. “Numerous times the US has seized domains, before the defendants have been proven guilty in a court of law.”

“What is the point of trying to approve SOPA and PIPA if they do the same without these laws,” he questioned, referring to the pending US bills that would make it even easier to seize allegedly infringing domains.

The response of Firstrow stands in sharp contrast with that of ICE Director John Morton yesterday.

“In sports, players must abide by rules of the game, and in life, individuals must follow the laws of the land. Our message is simple: abiding by intellectual property rights laws is not optional; it’s the law,” Morton said.

This comment forms the base of the dispute. What is the law of the land? The people who operate Firstrow don’t live in the US, and neither are their servers located there. In fact, Firstrow says that their site is perfectly legal where they are based, so they will continue business as usual.

“Since we don’t live in a third-world country here, the courts decide if something is illegal not the entertainment industry lobbies. We will continue until a court decides that the site is illegal, but for now we’ve seen three court decisions on this matter that say it is not.”

Firstrow’s co-owner is referring to the court cases in Spain, where sites that merely link to copyrighted works have been declared legal. Rojadirecta, a site very similar to Firstrow, won in Spanish courts twice.

In the US, however, things work differently. Two operators of streaming sites have already been arrested and await criminal trials. And if the domains are linked to foreigners, the US believes it has the authority to take them over if they are deemed to infringe copyrights.

This stance has raised eyebrows among foreign governments. A few months ago the European Parliament adopted a resolution which criticized US domain name seizures. According to the resolution these measures need to be countered as they endanger “the integrity of the global internet and freedom of communication.”

Yesterday’s actions show that the US authorities are not impressed by the international critique, just as Firstrow refuses to change course after yet another domain seizure. Firstrow says ICE is wasting its time and continues to provide access to sports fans all across the world, who are otherwise unable to see their beloved games.

“ICE must have a lot of spare time if they can waste it on these domain seizures,” Firstrow’s co-owner says. “They should invest time in the real important stuff , instead of chasing people who have no other option than to watch a sports game for free.”

Source: Seized Sports Streaming Site Makes a Blazing Comeback

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“Hong Kong, what an awesome place to do business and to host my new phantom persona,” Megaupload founder Kim Dotcom wrote here on TorrentFreak last December.

“I should write a book about doing business in Hong Kong, that’s how good it is. People there leave you alone and they are happy for your success,” he added.

But leaving him alone wasn’t on the agenda of the Hong Kong authorities. In a triumphant January statement they revealed how they had worked with the U.S. Department of Justice and the FBI to “smash a transnational cyberlocker syndicate” – aka Megaupload.

The commitment from Hong Kong Customs was significant. Not only did they invest a year’s worth of investigative manpower, but also supplied 100 officers from their various copyright enforcement divisions to carry out raids on the company.

According to an FT report, authorities there are set to go even further. Later this year, Hong Kong Customs will set up an “electronic crime investigation” center after being called on by media companies to pay closer attention to other cyberlocker-type services operating locally.


Mega Headquarters in Kong Kong

hong kong

The announcement is likely to further unsettle several other file-hosting services that have a presence in the territory such as Filesonic.com, Uploading.com, Uploaded.to, zshare.net, Filepost.com and Hulkshare.com.

Just a couple of days after the Megaupload raids, Filesonic – one of the top 10 file-sharing sites on the Internet – reacted by disabling all 3rd party sharing.

Like Megaupload before it, Filesonic blocks all local IP addresses, presumably in an attempt to avoid local difficulties. But although there is no suggestion that Filesonic has done anything wrong, this type of blockade alone will not ensure it has a quiet life.

Hong Kong authorities described the motivation behind Megaupload’s IP block as “a bid to hinder investigation by law enforcement agencies.” Filesonic told FT that they have “a zero tolerance” approach to piracy.

Uploaded.to, another site with Hong Kong links, reacted to the Megaupload raids by blocking all visitors from the United States. Others have disabled their affiliate programs or taken other measures.

“Targeting the organized and transnational nature of IP infringing activities in the wake of technology development, the Hong Kong Customs will continue to monitor the situation and co-operate with the IPR industry and overseas law enforcement agencies so as to suppress infringing activities effectively,” HK Customs said in a statement.

Whether Customs will follow-up with further action remains to be seen, but in the meantime an Eastern chill is certainly blowing through cyberlocker land.

Source: Megaupload: Hong Kong Mulls Copyright Crackdown

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As previously reported, the Megaupload shutdown sent shockwaves right around the world and prompted a huge rethink by many cyberlocker file-hosting services.

The Megaupload indictment focused on several issues including alleged payments of cash rewards to known uploaders of infringing material. This prompted some rival services to cancel their affiliate/reward programs altogether and even end 3rd party downloads (Note: Fileserve have since re-enabled sharing).

Last week, TorrentFreak noted that traffic to many rival sites had increased following Megaupload’s demise – including sites like RapidShare that have no rewards program.

Today, however, German anti-piracy outfit GVU said that sites that have removed their rewards programs are now on a downward trend, while those that have maintained them are doing better than ever before.

GVU, which carried out the investigation preceding the record-setting raids on Kino.to last year, note that some linking sites are now removing links to sites that have no rewards programs and replacing them with those that do. The existence of rewards, the group suggests, means that more content is posted, ensuring traffic – and revenue – for both the linking sites and cyberlockers.

While it is fair to say that in some instances the existence of rewards can encourage infringement, GVU are now using this background to call for a review of cyberlocker and hosting provider liability, and are calling for a “reverse burden of proof” to be applied.

“In Germany, Service Providers are (at first) not liable for copyright infringements in content which is uploaded by third persons,” Otto Freiherr Grote of the Wilde Beuger & Solmecke law firm told TorrentFreak this morning.

“But the GVU now demands a reversal of this principle, at least for those filehosters which reward uploaders for uploading very popular files,” Grote adds.

GVU Director Dr. Matthias Leonardy says that while there is authorized content being stored and delivered by hosting services, much of the mass volume consists of unauthorized movies, TV shows and games, and it is this content that draws the bulk of the traffic and generates the revenue.

“Therefore, a file hosting provider must be aware that it promotes this through commission payments to those uploading pirated copies,” Leonardy notes.

On this basis, what Leonardy wants is a review of liability for those file-hosting services offering rewards programs.

It should not be the responsibility of rightsholders and authorities to show that such programs are being abused by infringers [such as is being claimed in the Megaupload indictment], Leornardy says, but the opposite – cyberlockers should be forced to prove that their businesses aren’t based on piracy in order to avoid liability. How this can be achieved remains to be seen.

The German legal system is no stranger to these apparent reverse burdens of proof when it comes to file-sharing cases. Domestic Internet users are responsible for infringements that happened via their accounts, whether they carried them out or not.

Source: Cyberlocker Burden of Proof Should Be Reversed, Anti-Piracy Group Says

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exuaWith millions of users, Ex.ua was one of the most visited sites in the Ukraine.

Founded in 2009, the file-hosting site allowed users to share files up to 50 gigabytes. Unlike similar services, Ex.ua was completely free to use. The site made money from advertisements and didn’t offer a paid subscription.

Because the site was widely used to share copyrighted files, several international companies including Microsoft, Graphisoft and Adobe filed complaints against the service. After a six month criminal investigation, this resulted in the shutdown of Ex.ua today.

A spokesperson for the authorities confirmed that the service was targeted and said that 200 servers were taken, holding a massive 6,000 terabytes of data.

In addition, sixteen employees were taken in for questioning. At the time of writing it is unclear how many arrests have been made, if any. The authorities did confirm that the site was run by a Latvian citizen.

While Ex.ua has some similarities to MegaUpload and other file-hosting sites, it was also crucially different in several aspects. Ex.ua allowed users to search for files and browse categories such as “MP3″ and “Video,” which is quite uncommon for a cyberlocker.

In 2010, the RIAA reported Ex.ua to the Office of the US Trade Representative, branding it a “pirate haven.” Among other things the RIAA highlighted that users of the site could not only upload, but also search for files on the site.

“This is the largest service in Ukraine and the vast majority of the Internet users in Ukraine use the site to download music and film content. None of the content made available on the site has been authorised by the copyright owners and the site operators are unresponsive to takedown notices as a result there are thousands of music titles available on the site,” the music group wrote at the time.

If found guilty, the operators of the site face up to five years in prison.

Breaking story.


Ex.ua office

ex

Source: Authorities Shut Down Ukraine’s Largest File-Sharing Site Ex.ua

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riaaMore than half a decade ago, the RIAA sued tens of thousands of alleged file-sharers. While the music group settled with the majority for a few thousand dollars each, student Joel Tenenbaum chose to put up a fight.

As of today, the case is still ongoing.

In 2009, a jury found Tenenbaum guilty of “willful infringement” and awarded damages mounting to $675,000. A year later this amount was reduced by 90% when Judge Nancy Gertner ruled that the penalty was excessive and unconstitutional. In 2011 this decision that was reversed after a new hearing at the Court of Appeals.

In yet another appeal, Tenenbaum’s legal team, headed by Harvard law professor Charles Nesson, is asking the court to reduce the $22,500 fine per song to the minimum statutory damages of $750 per song. This request is made on due process grounds.

As expected, the RIAA doesn’t agree with the request and presented its arguments to the court last Friday. But they were not alone – on the same day the Department of Justice also filed a brief with the court, backing the RIAA’s vision on the case.

In a 26-page filing the Department of Justice makes the argument that previous cases, as cited by Tenenbaum’s legal team, do not apply in this instance. It concludes that the due process grounds are not relevant yet and that the damages therefore shouldn’t be reduced before the case continues.

The due process question should only be answered when the court decides that the jury’s award of $22,500 per song is not excessive, according to the Departement of Justice.

“The only circumstance in which the Court can reach Defendant’s due process challenge at this time is if the Court first determines the jury’s statutory damages award is not excessive under the common law remittitur standard. The United States, therefore, does not believe it is necessary at this juncture to address the merits of Defendant’s constitutional claim,” the DoJ writes.

Although this is not the first time the Justice Department has become involved in an RIAA civil case, it remains unclear why they chose to intervene this time. What we do know is that the authorities are very up-to-date with the legal proceedings, as five former RIAA lawyers are now employed by the Department of Justice.

Whether these connections between the Justice Department and the RIAA have increased the likelihood of the authorities getting involved is hard to say. However, it is clear that Tenenbaum and his legal team are up against some serious resistance, and that the US authorities don’t want the student to get off that easily..

To be continued, indefinitely.

Source: Justice Department Backs RIAA Against Pirating Student

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