InstantIdiocy

IFPI Gives Up Trying To Force ISP to Block The Pirate Bay

In March 2009 the IFPI and several local movie studios began threatening Telenor, Norway’s largest ISP. Block your customers from accessing The Pirate Bay, they demanded, or we will take legal action and get the courts to force you.

Telenor refused to comply and was taken to court. In November 2009 the verdict was handed down – the courts decided that the ISP had no obligation to block the world’s most infamous torrent site.

The IFPI wasn’t about to give in so easily, with their lawyer Marte Thorsby insisting the court had ruled incorrectly. Music performing rights outfit, TONO, confirmed the case would go to an appeal.

In early February the Borgarting Court of Appeal announced that the appeal had been rejected as there was no basis under Norwegian law for the claim. IFPI and TONO said they would consider their options, i.e make a decision as to whether or not they would take the case to the Supreme Court.

Yesterday, in a surprise announcement – it’s not like the entertainment industries to give in so easily – IFPI and TONO said they will not take their appeal to Norway’s highest court.

“We wanted to get a legal clarification on whether under Norwegian law it is possible to order ISPs to block access to The Pirate Bay,” said TONO in a statement. “Now we have two clear decisions that there is no legal authority under Norwegian law for such blocking requirements.”

Following the November ruling, TONO said that it was possible that the authorities had not implemented the EU Copyright Directive properly in 2005, a line they continue to stand by.

“We interpret both [court] decisions as suggesting that questions have been raised about whether the EU Copyright Directive was adequately implemented in Norwegian law,” TONO added.

Marte Thorsby of the IFPI said that continuing with legal action would be a waste of time and money, and joined TONO in their calls for clearer legislation.

“The Court of Appeal wrote in its ruling that the limits of complicit liability are unclear, and we expect that the ongoing revision of the Copyright Act will close this legal ‘hole’,” said Thorsby.

Article from: TorrentFreak, check out our new blog at FreakBits.

Oscar Win Boosts Hurt Locker’s Piracy Numbers

While BitTorrent’s Oscar went to District 9, the Academy members chose The Hurt Locker as the best picture of 2009. As was the case with most previous Oscar winners, the film’s overwhelming win encouraged many BitTorrent users to fire up their download client to see what all the fuzz is about.

The day after the award show ‘the hurt locker’ was the most typed in search phrase on BitTorrent, with ‘hurt locker’ ending up in ninth place. This increased demand was also reflected in the download numbers which skyrocketed. Since its win at the Oscars the film has been downloaded well over a million times.

Interestingly, The Hurt Locker was already available online in high quality for more than a year, and months before it premiered in movie theaters in the United States. The film’s screener leaked in February of last year, but it has never generated as many downloads as it did this week. Thanks to the Oscar boost, the total number of Hurt Locker downloads on BitTorrent are now nearing 10 million.

The sudden rise in demand is of course not limited to BitTorrent and other file-sharing networks. A film that does well on BitTorrent is usually doing well at the box-office or in the movie stores too, and indeed, DVD sales for The Hurt Locker went up at an equal rate.

This week the DVD topped the bestseller list at the online retailer Amazon and Director of Sky Box Office, Ian Lewis, reports a “significant increase” in demand on its Sky Box pay-per-view service. Similarly, the number of theaters playing the film is doubling this weekend to accommodate the ‘Oscar Bounce.’

The Hurt Locker was not the only Oscar winner to see a boost in unauthorized downloads after last Sunday. Crazy Heart, The Blind Side and Precious and Up saw a similar but less pronounced upswing.

Article from: TorrentFreak, check out our new blog at FreakBits.

Oscar Winner Wants Kids and ISPs Targeted to Prevent Piracy

The Film Distributors’ Association (FDA) is the trade body for UK theatrical film distributors. As a member of the UK’s Federation Against Copyright Theft (FACT), FDA is also engaged on-going initiatives to combat film piracy.

FDA president and Oscar-winning Chariots of Fire producer (Lord) David Puttnam recently gave a keynote speech where he called for new measures to be taken against Internet piracy.

One option is the increasingly common targeting of children, with Puttnam suggesting that the concept of intellectual property needs to be “embedded inextricably into the school curriculum.” Children need to be taught that if they want movies in new ways and formats they have to pay for them, he added.

Puttnam said that the FDA-sponsored project to get this information into schools is well underway, with one in five primary schools (that’s 5 to 11 year-olds) having been serviced by the charity set up to distribute pro-movie and pro-copyright information.

While it may be beneficial to educate young people about what copyright is, there are a problem areas. First and foremost is where this information is coming from, i.e interested parties. Since the focus of this information will be aimed at ‘protecting’ its members, in order to maintain a balance, who will tell the children about the drawbacks of restrictive copyright?

Second, we all know that children are like sponges, soaking up information at an amazing rate with an amazing capacity for learning, but should copyright really be taught to the detriment of other subjects in an already intensely crowded curriculum?

Will a 7 year-old really be able to grasp the huge complexities of even basic copyright law? Will he or she be expected to know the difference between, let’s say, the BBC-provided iPlayer service and the dozens of unauthorized sites providing movies and TV shows at the click of a button? Even adults have difficulty telling the difference.

But in the main, will kids care? If an interview we conducted in 2007 is anything to go by, probably not.

Even now, more than 2 years later, although the kid we interviewed is much more aware of what is ‘right and ‘wrong’, she still has no problem with clicking a link and getting media for free. She told me recently that she doesn’t care about how it got there, only that it is. She strongly sees the back issues as not her problem. It’s difficult to blame her – how would we react if some guy in a suit tried to burden us with this stuff at 12 years old?

Along with the educational element to his organization’s work against piracy, Puttnam says he believes that the Digital Economy Bill lacks teeth and more pressure needs to be brought against ISPs.

“One of the mistakes made is allowing the ISPs to pretend they are not part of a retail chain,” said Puttnam. “If you or I wanted to open a chemist shop we would have to pay attention to health and safety and the nature of the products that we sold. We couldn’t just serve anyone, for instance.”

Of course, ISPs are responsible for the product they sell, but they sell bandwidth over which other companies sell products or provide services for which they are responsible.

Continuing the emotive ‘chemist’ analogy, although legally there is a requirement for them to sell safe products, they cannot be held responsible, say, if some pharmaceutical giant makes a huge error and packs poison inside a paracetamol package. Is the pharmacist really expected to open every packet of every medicine he sells checking for something dangerous inside? So why should ISPs be expected to do the same?

In his speech, Puttnam also called for a change in legislation to outlaw the use of camcorders in UK cinemas, something which is currently entirely legal. Despite this legal status, it didn’t stop the FDA from convincing UK charity CrimeStoppers last year to partner in a campaign to encourage the public to be vigilant and help prevent camcording.

Although Puttnam’s speech had its faults, he is absolutely, unequivocally right about one thing. Film content must be made available legally online “in ways consumers want, and at prices they can afford” in order to discourage the use of illicit file-sharing.

This should be the number one priority of the movie and music industries.

Article from: TorrentFreak, check out our new blog at FreakBits.

President Obama Discusses Three Strikes Anti-Piracy Law

For years the entertainment industry has been lobbying for tougher measures against online piracy. In France this has resulted in the implementation of a ‘three strikes and you’re offline’ regime and many other countries are considering similar measures.

Thus far the United States Government has kept relatively quiet on this issue, but that doesn’t mean that such plans are not being discussed behind close doors.

According to Ari Emanuel, a famous Hollywood talent agent and the model for the character Ari Gold in the hit series Entourage, Hollywood lobbyists are working hard to convince President Obama and others to ram through similar legislation in the United States.

“We are in the midst of talking to the president and some attorney generals and [we are] trying to implement a three strikes and you’re out rule,” Emanuel said, while adding that this issue would most likely result in a “fight with ISPs”.

At this point it is impossible to assess the exact nature of these talks, but since Ari Emanuel is the brother of White House Chief of Staff Rahm Emanuel, there is no doubt that these talks are taken seriously. President Obama, who vouched to decrease the power of lobbyists in Washington, is not turning a deaf ear to this one for now.

Before even considering the implementation of a three-strikes model, United States lawmakers might want to take a good look at what’s happening in France. Unlike earlier projections that up to 95% of the file-sharers could stop downloading copyrighted content, the piracy rate has actually increased in the face of the new law.

The entertainment industry, nevertheless, continues to push legislation as the solution to online piracy, while ignoring their own role in the creation of the problem.

Article from: TorrentFreak, check out our new blog at FreakBits.

Pirate Bay Court Appeal Set For Just After General Election

In April 2009, all four defendants in the Pirate Bay trial were found guilty and sentenced to one year in prison and a fines of $905,000 each. The defense didn’t accept the decision, and went on to file for an appeal.

Their appeal is now expected to head to the Court of Appeal on 28 September 2010. Nine days have been allocated in all, and the last is due on 15 October.

The dates are not fixed in stone and could be changed if the plaintiffs or defendants have any objections, which even at this early stage seems to be the case.

Peter Sunde has already taken note that the provisional date is penciled-in for after the Swedish parliamentary elections which take place on 19 September 2010.

Sunde says that the four are only available for an appeal before the elections, commenting: “Who said this case is NOT political?”

If the appeal was heard before the elections, there would be a very real chance that an affirmation of the original conviction could turn into a major political issue in Sweden. Following the conviction of the ‘four’ in 2009, the Pirate Party received 7.1% of the vote in the European Parliament elections, receiving more votes from those under 30 than any other party in Sweden.

Article from: TorrentFreak, check out our new blog at FreakBits.

Six BitTorrent Admins Arrested, Interpol Chase Two More

Although it wasn’t yet evident, December 2009 appeared to mark the beginning of an effort to shut down the Greek file-sharing scene. The Society for the Protection of Audiovisual Works (EPOE) conducted an investigation and moved in conjunction with the police to carry out the first action of its type against a file-sharing site in the country.

The 285,000 member Greek-Fun.com carried around 14,000 links to music, domestic and international movies, software and computers games. Around 5,500 of these are believed to have linked to material in the EPOE repertoire. As is usual with these cases, EPOE were quick to point to the financing of the site as an indication of criminal behavior. Like many sites, Greek-Fun offered benefits to users who donated to keep the site running although the admins denied profiteering.

In the end at least one administrator of the site, believed to be in his early 30’s, was arrested and several people were questioned with investigators linking site email addresses to Facebook accounts for evidence. EPOE said the site caused it 1.8m euros in damages.

As the bad news about Greek-Fun spread, Greece’s largest private tracker – the huge 898,000 member Gamato.info – also unexpectedly went down, officially due to “technical problems”. Whatever the reason, as can be seen by the graph below, the result was a massive drop in Greek Internet traffic. Gamato remained down for several weeks, only opening again during the first few days of February 2010.

Today, however, the site is down again, and the news is not good.

ELAS (Greek police) are engaged in an on-going operation to round up the administrators of the site. Already there are reports of 3 arrests in Athens (the capital and one of the world’s oldest cities) and 3 in Thessaloniki (Greece’s 2nd largest city). A soldier, a musician and a confectioner are among those arrested.

New information suggests that ELAS have alerted Interpol to arrest two further admins who are apparently reside outside the country. TorrentFreak has learned that they are located in The Netherlands and are being called “the brains” behind the site. The Gamato servers are also located there although it’s unclear at this stage if there is a connection.

“We host a lot of different sites and do not keep tabs on our clients as long as they comply with our Terms of Service, which includes confirming to the Dutch law,” Gamato’s host told TorrentFreak, adding: “As far as we and our legal counsel can see, this is the case with the site mentioned by you.”

It’s believed that police are looking for 11 individuals in total. Thus far, 27 hard drives, five laptops and more than 600 DVDs have been seized.

According to the police, file-sharing on Gamato was responsible for 80% of online piracy in Greece, with EPOE calculating its losses at the hands of the tracker at a staggering 1 billion euros.

Although Gamato was a private torrent site, it didn’t follow the usual format. It wasn’t “invite-only” – anyone could signup – and although sharing ratios were counted there were no punishments or rewards for the amounts shared. Furthermore, unlike Greek-Fun, Gamato did not accept donations from users.

The Society for the Protection of Audiovisual Works (EPOE) shot to fame in 2008 when virtually every site offering user-generated Greek subtitles (fansubs) for English language movies and TV shows became recipients of its legal threats. Within a very short time sites including greektvsubs.gr, subtitles.gr, greeksubs, subs4u.gr and apsubs.com had either closed down or removed all subtitles.

Article from: TorrentFreak, check out our new blog at FreakBits.

Comcast Funds BitStalker Anti-Piracy Research

For years the RIAA and other copyright holders have been sending copyright infringement notices to ISPs, requesting they forward them to their customers. ISPs including Comcast have always kindly complied with these requests, but remained a neutral party.

It therefore came as a surprise when we found out that three major US ISPs – Comcast, Cox and Warner Cable – have been funding research which aims to help copyright holders track down and gather evidence against BitTorrent pirates more efficiently.

Unlike most of the ‘passive’ BitTorrent tracking tools that are in fashion today, BitStalker uses an ‘active’ method through which they can actually prove that the BitTorrent client associated with an IP-address is sharing files. Where the passive methods wrongfully accuse 1 in 10 downloaders, BitStalker promises to avoid such false positives.

The researchers who developed BitStalker further claim (pdf) that their tool is much more effective than the current competition, as it would allow copyright holders to get information on 20 million BitTorrent users for a bargain price of $12.40. What remains unclear, however, is why three large ISPs are interested in funding this project.

It is no secret that the RIAA has been pushing Comcast, Cox and other ISPs to take stricter measures against copyright infringers, including the ultimate sanction of terminating customers’ Internet access. However, thus far the ISPs have largely maintained their neutral position as information carriers.

Whether the funding of BitStalker’s research is a signal that this may change is open for speculation. Another argument for ISPs to join could be that they want to protect their customers from receiving copyright infringement notices in error.

Regarding the BitStalker method of tracking BitTorrent users, we can say that it is not as revolutionary as the researchers portray it. TorrentFreak spoke to several people who are currently operating the largest BitTorrent trackers on the Internet and none of them was impressed by BitStalker’s technology.

If BitStalker is indeed implemented the large scale monitoring will have to be executed from thousands of IP-addresses. Most trackers have rules in place so that one single IP-address will be banned from the tracker if it connects to too many torrents.

Similarly, if BitStalker was put on a cloud service like the research suggests, it wouldn’t take long before these IP-ranges would appear in block-lists, rendering BitStalker useless.

If we add to this that BitStalker’s active BitTorrent tracking method will require users to be ‘connectible’, which a large percentage of users aren’t, this means that it will result in many false negatives. The researchers report that they could only connect to less than half of all available peers, which might be caused in the main by the connectability issue.

Whatever the motivations are for Comcast and the other ISPs to fund this project, the good news is that less people will be accused of uploading something they haven’t. Whether BitStalker will really be that more efficient depends on one’s definition of efficiency. For now, we doubt that it will result in a global BitTorrent crackdown.

Article from: TorrentFreak, check out our new blog at FreakBits.

Music Group Gets Court Injunction Against UseNeXT

UseNeXT is a brand operated by Munich and London-based company, Aviteo Ltd. UseNeXT is one of the most popular Usenet services around today and has traditionally advertised extensively within the BitTorrent community and on many torrent sites.

On 19 December 2006, performing rights group GEMA, which handles the copyrights of more than 1 million rightsholders worldwide, filed for an injunction against UseNeXT. GEMA had earlier leveled accusations at UseNeXT’s advertising in which it said, among other things, the company claimed to offer 1 million MP3s through its service.

“[UseNeXT] advertised its fee-based access with unambiguous references to illegal exchange platforms. In particular it publicized the anonymity, speed and security of access to contents available on Usenet,” GEMA said in a statement, adding: “On top of that, the service also offers special, perfected search software that makes it easier to locate and manage musical works and other contents protected by copyright.”

On 18 January 2007, the Hamburg District Court issued a preliminary injunction against UseNeXT’s operators, which included instructions for it to change the way in which it advertised its product and barring it from providing musical works from GEMA’s repertoire. UseNeXT objected to the decision and disputed that it had ever encouraged subscribers to download copyright works, arguing that its use of the terms ‘unfiltered’ and ‘anonymous’ related to features inherent in the Usenet system.

On 17 February 2010, the Hamburg District Court handed down a preliminary injunction against UseNeXT which bars the service from offering a sample 100 musical works to which GEMA administers the copyright. The injunction also states that UseNeXT must go further than simply modifying its advertising in order to protect GEMA’s copyrights.

Although not necessarily liable for infringements, the Court said that Usenet providers would have to take responsibility for the services and environments they provide.

In a statement, GEMA said that the Court of Hamburg’s decision represents expanded liabilities for Usenet providers which go further than regulating their approach to advertising, but also apply when modified advertising proves insufficient to protect rights holders.

“The adoption of the preliminary injunction is a success in our commitment to the protection of copyright,” said Dr. Harald Heker, Chief Executive Officer of GEMA. “Second, the ruling also represents a further important step towards a comprehensive responsibility of the Usenet service operator for its offer.”

At this stage it’s unclear how UseNeXT will choose to comply with the injunction. Unlike services such as Rapidshare that operate their own servers and actually store content, UseNeXT are a reseller of the Highwinds Usenet service. UseNeXT does not store any content, Highwinds do.

UseNeXT used to offer a search engine and software interface to access Usenet, so conceivably something could’ve been implemented there to bar access to the GEMA titles mentioned in the injunction. However, recent changes to their service means they are no longer offering those solutions but suggesting the use of 3rd party software, with one particular solution from Tangysoft up front.

Nevertheless, the Court said that UseNeXT is responsible for the service it’s re-selling so the company will have to find an answer somehow. Many Usenet providers are already working with rights holders to automate the removal of content, so solutions are available. How quickly and comprehensively UseNeXT acts will remain to be seen.

Article from: TorrentFreak, check out our new blog at FreakBits.

Piracy Rises In France Despite Three Strikes Law

September last year saw the passing of France’s controversial three-strikes ‘Hadopi’ law which allows the music industry to track down repeated copyright infringers with the ultimate goal of decreasing the country’s piracy rate.

Under the new law alleged copyright infringers will be reported to a judge once they have received three warnings. The judge will then review the case and hand down any one of a range of penalties, from fines through to severing the Internet connection of the infringer.

Proponents of the new law claimed that the law would convince millions of people to stop downloading copyrighted content through file-sharing networks. Most critics, however, doubted the effectiveness of the system and pointed out that there are many ways to circumvent the law.

A new study published by the University of Rennes shows that the critics are indeed right. The researchers looked into the habits of downloaders before and after the law was implemented. They found that instead of reducing piracy levels, the piracy rate actually went up by 3%.

This increase in piracy shows that the French are not changing their downloading habits much, despite the tougher legislation. There is, however, an interesting shift in the sources people use to download copyrighted movies and music. At an increasing rate the French are using streaming services along with file-hosting ‘cyberlockers’ such as Rapidshare and Megaupload.

These services are not covered by the Hadopi law and therefore ’safe’ to use. Conversely, usage of P2P services such as BitTorrent dropped from 17.1 percent to 14.6 percent between September and December last year. Overall the research seems to suggest that the looming disconnection threat has changed how and where people get pirated content, while the piracy rate itself increased.

Another remarkable statistic uncovered by the researchers is that half of all P2P users who download copyrighted content also buy digital content online. This means that if these users were disconnected from the Internet under the new law, the music industry would lose customers and thus revenue.

The overall message put forward by the research seems to be that it is hard to deter people from copyright infringement when there are plenty of alternatives to bypass the legislation. This does not only hold for the French case but can also be applied to the UK and other countries where tougher anti-piracy laws are implemented.

The answer to the increasing piracy rates worldwide is not legislation. Instead, the entertainment industry may accomplish much more by innovating and expanding their online business so that it meets the demands of today’s digital consumers.

Article from: TorrentFreak, check out our new blog at FreakBits.

Dutch Pirate Party Joins Election Race

2009 was a breakthrough year for the Pirate Party movement. With more than 7 percent of the vote, the Swedish Pirate Party secured two seats in the European Parliament.

A few weeks later, the Pirates in Germany entered the local Parliament after a member of another party switched sides.

In 2010 the Pirate Parties hope to continue this hot streak, especially during the Swedish national elections later this year. However, Sweden is not the only country where a Pirate Party will end up at the ballot. In the UK the local Pirate Party hopes to compete as well and the Dutch party has now decided to do the same.

In recent months there has been a lot of political debate regarding Dutch copyright law which currently allows people to download copyrighted movies and music for personal use. Several established parties have shown interest in criminalizing file-sharers, something the Pirate Party hopes to avoid.

Instead, the Pirates would like to shorten the copyright term to 5 years and legalize sharing of all copyrighted material on the Internet. Tim Kuik, head honcho at the local anti-piracy outfit BREIN, is not afraid of politically organized pirates and described the Party’s plans as short sighted and unrealistic.

Samir Allioui, Chairman of the Pirate Party, told TorrentFreak that he’s very happy with Kuik’s negative comments. “He gives people a good reason to vote for us,” he said, referring to the negative view that most people have of BREIN.

If elected, the party will do everything it can to stop abuses of copyright, promote Net Neutrality and push for patent reform. The party is further committed to increasing transparency, strengthening fundamental rights and protecting privacy.

Despite the enthusiasm of the party’s members, there is still a long way to go before they can actually compete in the election on June 9th. One of the biggest hurdles is the requirement to deposit a sum of 12,000 euros, a barrier which is meant to prevent too many parties from entering the election.

Samir is confident that they will be able to raise the money in the weeks to come. He encourages all sympathizers to become a member of the Party and help to get the Pirate Party on the ballot.

Article from: TorrentFreak, check out our new blog at FreakBits.