Thursday, November 7, 2019

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USDOJ Highlights Threat of Increasingly Sophisticated Pirate Services
Andy, 07 Nov 09:22 PM

From its relatively basic and humble roots back in the 1990s, Internet-based distribution of copyright-infringing content underwent a renaissance at the turn of the century.

Peer-to-peer technologies, including the now omnipresent BitTorrent protocol, brought file-sharing to the masses and with it a huge problem for the content industries.

Twenty years on – a lifetime in technology – BitTorrent still attracts hundreds of millions of users but the immediacy of streaming, including movies, TV series, live TV and sports, is now considered one of the greatest threats facing copyright holders and distribution platforms.

This week, in remarks made at the Thirteenth Law Enforcement and Industry Meeting on Intellectual Property Enforcement in Washington, DC, the Department of Justice weighed in on these dramatic changes in the piracy landscape over the past decade.

"Copyright pirates have moved from peddling individual copies of movies, music, and software on street corners or offering individual downloads online, to operating technologically advanced, multi-national streaming services that generate millions of dollars in illicit profits," said Assistant Attorney General Brian A. Benczkowski.

While online streaming of pirated content is nothing new, in more recent years there has been a noticeable shift in the professionalism of those providing and distributing content, with highly organized unlicensed IPTV providers and 'pirate' CDN operations presenting new challenges to entertainment companies and law enforcement alike.

Piracy-enabled set-top boxes, which in many cases draw their content from the type of services referenced by Benczkowski, remain high on the agenda. The Assistant Attorney General also referenced the recent charges against eight Las Vegas residents who allegedly ran two of the largest platforms in the country.

"One of the services – known as Jetflicks – allegedly obtained infringing television programs by using sophisticated computer scripts to scour pirate websites around the world and collect the television shows," Benczkowski said.

"It then made the programming available for paying Jetflicks subscribers to stream and download, often just one day after the original episodes aired. The scheme, as charged, resulted in the loss of millions of dollars by television program and motion picture copyright owners." 

This leveraging of technology to provide content quickly and at scale is a concern for the USDOJ, which indicates it will continue to pursue "high-impact cases" to deter IP crime. However, Benczkowski noted that changes to the law or creative legal strategies may be required to reel in the more elusive offenders.

"Existing laws do not always address the conduct that IP criminals are engaging in today. Or, put differently, smart criminals may seek to avoid serious repercussions by developing new technologies or security measures to skirt legal authorities," he said.

"We need to be creative and cooperative in thinking about possible solutions, whether through looking at additional charging strategies, or considering legislative amendments."

What those strategies might be is open to question but Benczkowski believes law enforcement will "never" be in a position to solve the IP crime problem through prosecution alone.

Nevertheless, through cooperation and the enhancement of relationships with overseas law enforcement entities to target the "worst actors", he believes that it's possible to significantly reduce the profits available to those engaged in criminal copyright infringement.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

USPTO Questions if Artificial Intelligence Can Create or Infringe Copyrighted Works
Ernesto, 07 Nov 12:50 PM

Artificial Intelligence (AI) is a buzzword that's frequently used by startups and established businesses in the tech industry.

In some cases, it refers to little more than advanced algorithms, but complex self-learning computer systems with human-like traits are actively being developed as well.

As these AI technologies become increasingly advanced, they raise more ethical and legal questions. This was recognized by the US Patent and Trademark Office (USPTO) recently, which launched a public consultation on the matter.

"Artificial Intelligence technologies are increasingly becoming important across a diverse spectrum of technologies and businesses. AI poses unique challenges in the sphere of intellectual property law," USPTO writes.

The USPTO is part of the US Department of Commerce and deals with various intellectual property rights issues. It previously raised questions on how AI technology impacts patent law and is now expanding this to copyright matters.

The consultation starts off by asking whether anything created by an AI, without human involvement, can be copyrighted. This can refer to any type of content, including music, images, and texts.

"Should a work produced by an AI algorithm or process, without the involvement of a natural person contributing expression to the resulting work, qualify as a work of authorship protectable under U.S. copyright law? Why or why not?" the Office asks.

The technology and code that makes any AI work obviously relies on human interaction, but USPTO's question is destined to raise a lively debate. Since it's expected that more and more creations will rely heavily on AI in the future, the US Government requests guidance on these issues.

AI composed music?

In a follow-up question, the Office zooms in further still by asking what kind of human involvement is required to make something copyrightable. Yet another question deals with possible copyright infringements by an AI. Or in other words, can an AI pirate?

This is a relevant question since these technologies can rely on input from other copyrighted works. A simple example would be where an AI 'decides' to use hundreds of music tracks to create a new one.

If that's the case, should this simply be allowed under fair use, or should the original authors have the right to be compensated?

"To the extent an AI algorithm or process learns its function(s) by ingesting large volumes of copyrighted material, does the existing statutory language (e.g., the fair use doctrine) and related case law adequately address the legality of making such use? Should authors be recognized for this type of use of their works? If so, how?" USPTO questions.

The Office notes that further guidance is needed on these and other topics so it's asking the public for input. USPTO says that it's not predisposed to any particular views and also welcomes additional AI feedback, beyond the questions it asked.

The full set of questions is available in the Federal Register notice, which includes additional background information. For those who want to chime in, the comment period closes December 16.

Update: IPKAT published an article today showing that similar issues are being discussed in Europe as well.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

 
 
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