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Instagram Uses DMCA Complaint to Protect Users' "Copyrighted Works"Andy, 30 Jan 09:30 PM DMCA notices are sent in their millions every single week,

Instagram Uses DMCA Complaint to Protect Users' "Copyrighted Works" Andy, 30 Jan 09:30 PM DMCA notices are sent in their millions every single week, mainly to restrict access to copyright-infringing content. These notices usually target the infringing content itself or links to the same, but there are other options too. The anti-circumvention provisions of the DMCA allow companies that own or provide access to copyrighted works to target tools and systems that facilitate access to that content in an unauthorized manner. Recent examples can be found in the war currently being waged by the RIAA against various YouTube-ripping sites, which provide illicit access to copyright works, according to the industry group. This week Facebook-owned Instagram entered the arena when it filed a DMCA notice against code repository Github. It targeted Instagram-API, an independent Instagram API created by a Spain-based developer known as 'mgp25'. Instagram claims that at least in part, the notice was filed to prevent unauthorized access to its users' posts, which can contain copyrighted works. "The Company maintains technological measures to control access to and protect Instagram users' posts, which are copyrighted works. This notice relates to GitHub users offering, providing, and/or trafficking in technologies, products, and/or services primarily designed to circumvent the Company's technological measures," the complaint begins. According to Instagram, Instagram-API is code that was designed to emulate the official Instagram mobile app, allowing users to send and receive data, including copyrighted content, through Instagram's private API. It's a description that is broadly confirmed by the tool's creator. "The API is more or less like a replica of the mobile app. Basically, the API mimics the requests Instagram does, so if you want to check someone's profile, the mobile app uses a certain request, so through basic analysis we can emulate that request and be able to get the profile info too. The same happens with other functionalities," mgp25 informs TorrentFreak. While Instagram clearly views the tool as a problem, mgp25 says that it was originally created to solve one. "Back in the day I wasn't able to use Instagram on my phone, and I wanted something to upload photos and communicate with my friends. That's why I made the API in the first place," he explains. There are no claims from Instagram that Instagram-API was developed using any of its copyrighted code. Indeed, the tool's developer says that it was the product of reverse-engineering, something he believes should be protected in today's online privacy minefield. "I think reverse engineering should be exempt from the DMCA and should be legal. By reverse engineering we can verify whether apps are violating user privacy, stealing data, backdooring your device or doing even worse things," he says. "Without reverse engineering we wouldn't know whether the software was a government spy tool. Reverse engineering should be a right every user should have, not only to provide interoperability functionalities but to assure their privacy rights are not being violated." While many would consider that to be a reasonable statement, Instagram isn't happy with the broad abilities of Instagram-API. In addition to the above-mentioned features, it also enables access to "Instagram users' copyrighted works in manners that exceed the scope of access and functionality that would be permitted by a user with a legitimate, authorized Instagram account," the company adds. After the filing of the complaint, it took a couple of days for Github to delete the project but it is now well and truly down. The same is true for more than 1,500 forks of Instagram-API that were all wiped out after their URLs were detailed in the same complaint. Regardless of how mgp25 feels about the takedown, the matter will now come to a close. The developer says he has no idea how far Instagram and Facebook are prepared to go in order to neutralize his software so he won't be filing a counter-notice to find out. Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons. President Trump Signs USMCA Trade Deal that 'Exports' US Copyright Policy Ernesto, 30 Jan 11:57 AM Last month the United States, Canada, and Mexico signed off on a new trade deal, which replaced the quarter-century old the NAFTA agreement. The United States-Mexico-Canada Agreement (USMCA) will accommodate changes in trade that the three countries have witnessed over the years, especially online. After the US Senate passed the legislation earlier this month, President Trump has now signed the new text into law. Replacing NAFTA with a better deal was one of the President's election promises, which is now fulfilled. The USMCA covers a wide range of trade topics including copyright and anti-piracy enforcement. On the copyright side, the deal doesn't bring much change to US law. However, the new deal does require Mexico and Canada to revise some of their policies. For example, USMCA requires all countries to have a copyright term that continues for at least 70 years after the creator's death, which is already the case in the US. For Canada, however, this means that the country's current copyright term must be extended by 20 years. This won't happen instantly, as the country has negotiated a transition period to consult the public on how to best meet this requirement. In the long term, an extension seems inevitable though. Another controversial subject that was widely debated by experts and stakeholders is the DMCA-style 'safe harbor' text. In the US and under certain conditions, ISPs are shielded from copyright infringement liability under the safe harbor provisions of the DMCA and the new deal expands this security to Mexico and Canada. This safe harbor expansion is welcomed by many large technology companies including Internet providers and hosting platforms. However, many major entertainment industry companies and rightsholder groups are not happy, as they are trying to get rid of these broad safe harbor policies. The Directors Guild of America previously said it was "deeply disappointed" that the new USMCA deal will export the "flawed and outdated United States policy" that allows online services to "shirk responsibility for copyright violations." Last year the House Judiciary Committee also urged the US Trade Representative not to include any safe harbor language in trade deals while the Copyright Office is reviewing the effectiveness of the DMCA law, but without result. That said, the USMCA's safe-harbor language also comes with obligations for online services. The agreement specifically mentions that ISPs must take down pirated content and implement a repeat infringer policy if they want to apply for safe harbor protection. This is largely modeled after the DMCA law. The safe harbors for copyright infringement and the takedown requirements don't apply to Canada as long as it continues to rely on its current notice-and-notice scheme. However, the country will enjoy safe harbors for other objectionable content, in the sense that online platforms are not treated as the creator of user-generated content. Despite criticism from many copyright holder groups, the Motion Picture Association (MPA) is happy that the new trade agreement is now law. "USMCA will help facilitate the growth of the legal digital market for creative content while addressing the multi-billion dollar threat of online piracy," MPA's CEO Charles Rivkin comments. While Trump has signed the USMCA into law, Mexico and Canada have yet to follow. Canada started this process yesterday when Deputy Prime Minister Chrystia Freeland introduced the USMCA implementation bill. Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. 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