Sunday, February 16, 2020

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Copyright Troll Drops Lawsuits When it Gets the 'Wrong' Judge
Ernesto, 16 Feb 10:10 PM

In the United States, federal courts are still being swamped with lawsuits against alleged BitTorrent pirates.

While copyright holders avoid some unfavorable jurisdictions, these companies are a common sight in others, such as Southern Florida.

Over the past year or so, adult entertainment company Strike 3 Holdings has filed dozens of lawsuits in this district. While that's nothing new, there are some lawsuits that stand out.

In a few instances, Strike 3 dropped their complaints within a day or two, right after the judge was assigned. When we took a closer look, we found out that in each of these cases the same judge is listed: U.S. District Judge Ursula Ungaro.

Judge Ungaro is a familiar name to those who've been following these types of piracy lawsuits over the years. More than half a decade ago she issued an order stating that an IP-address doesn't necessarily identify a person.

Over the years Judge Ungaro remained very skeptical. Among other things, she is not convinced that IP-address geolocation tools are good enough to prove that a person actually resides within the court's jurisdiction.

This also came up again last year. When Strike 3 applied for a subpoena to identify a person behind an IP-address, the Judge denied the request for this very reason.

"There is nothing that links the IP address location to the identity of the person actually downloading and viewing Plaintiff's videos, and establishing whether that person lives in this district," Judge Ungaro reiterated.

With this in mind, one can understand why Strike 3 isn't too fond of Judge Ungaro. This may also explain why it chooses to simply drop cases as soon as this particular judge is assigned. This is exactly what happened twice in August last year.

In other cases, Judge Ungaro submitted a 'sua sponte' motion within a day, asking Strike 3 to provide more evidence before it could even request a subpoena. That happened again this week.

Immediately after a new case was filed, the Judge requested more evidence concerning geolocation accuracy as well as any link between the IP-address and the alleged pirate.

"[T]his Court requires a showing of the precise methodology and technique employed by Plaintiff in its use of geolocation to establish — to a reasonable degree of certainty — that Defendant may be found within this district," Judge Ungaro wrote.

"Additionally, this Court recognizes that IP addresses are assigned to nodes connected to the Internet, but are not necessarily representative of individual end-node/end-system devices, and especially are not representative of individual people."

Strike 3 obviously wasn't happy with this swift response from the Judge. When it spotted the request the case was immediately dismissed. Perhaps the company acted a bit too quickly, as it submitted the dismissal request before replying to the court's motion, as is required.

The rightsholder noticed this error and submitted its standard response, apologizing for "the confusion."

Strike 3 didn't even bother to wait for Judge Ungaro's response to its reply, however. The end result was that two days after the new case was filed, it had already been dismissed.

With the dismissal granted, the defendant escaped being exposed. That wasn't the first time either because the same IP-address was among those that were previously targeted in a county court, where the defendant objected to having his or her personal details exposed.

We have no indication that the same person will be targeted again. Since the company has thousands of allegedly-infringing IP-addresses on file it can simply 'try again' with the next target, until it gets a more favorable judge.

While Strike 3's actions may be understandable, some people, and perhaps some courts, may frown upon it.

TorrentFreak spoke to Florida-based attorney Cynthia Conlin who has represented several defendants in these 'trolling' lawsuits. She believes that Strike 3 is "Judge Shopping" and may point this out in court.

Although the company may technically color between the lines, Conlin believes that Strike 3 is acting in bad faith, and she hopes that the court will eventually draw the same conclusion.

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

Don't Use the Word 'Did' or a Dumb Anti-Piracy Company Will Delete You From Google
Andy, 16 Feb 11:14 AM

Every hour of every day of every week of every year, anti-piracy companies send out DMCA notices to remove supposedly infringing content from the Internet.

Many of these are legitimate takedown requests, targeting everything from movies and TV shows, to music, games, software and anything else that can be digitally reproduced. For copyright holders it's a herculean task and as a result, mistakes can happen. The scale is such that it's almost inevitable.

Unfortunately, however, some 'mistakes' are so ridiculous as to be unforgivable, especially when they target completely innocent individuals hoping to make a difference with the positive spread of knowledge and information. Case in point: Sinclair Target, the owner of computing history blog, Two-Bit History.

In 2018, Target wrote an article about Ada Lovelace, the daughter of Lord Byron who some credit as being the world's first computer programmer, despite being born in 1815. Unfortunately, however, those who search for that article today using Google won't find it.

As the image below shows, the original Tweet announcing the article is still present in Google's indexes but the article itself has been removed, thanks to a copyright infringement complaint that also claimed several other victims.

While there could be dozens of reasons the article infringed someone's copyrights, the facts are so absurd as to be almost unbelievable. Sinclair's article was deleted because an anti-piracy company working on behalf of a TV company decided that since its title (What Did Ada Lovelace's Program Actually Do?) contained the word 'DID', it must be illegal.

This monumental screw-up was announced on Twitter by Sinclair himself, who complained that "Computers are stupid folks. Too bad Google has decided they are in charge."

At risk of running counter to Sinclair's claim, in this case – as Lovelace herself would've hopefully agreed – it is people who are stupid, not computers. The proof for that can be found in the DMCA complaint sent to Google by RightsHero, an anti-piracy company working on behalf of Zee TV, an Indian pay-TV channel that airs Dance India Dance.

Now in its seventh season, Dance India Dance is a dance competition reality show that is often referred to as DID. And now, of course, you can see where this is going. Because Target and at least 11 other sites dared to use the word in its original context, RightsHero flagged the pages as infringing and asked Google to deindex them.

But things only get worse from here.

Look up the word 'did' in any dictionary and you will never find the definition listed as an acronym for Dance India Dance. Instead, you'll find the explanation as "past of do" or something broadly along those lines. However, if the complaint sent to Google had achieved its intended effect, finding out that would've been more difficult too.

Lo, here it is in its full glory.

As we can see, the notice not only claims Target's article is infringing the copyrights of Dance India Dance (sorry, DID), but also no less than four online dictionaries explaining what the word 'did' actually means. (Spoiler: None say 'Dance India Dance').

Perhaps worse still, some of the other allegedly-infringing articles were published by some pretty serious information resources including:

-USGS Earthquake Hazards Program of the U.S. Geological Survey (Did You Feel It? (DYFI) collects information from people who felt an earthquake and creates maps that show what people experienced and the extent of damage)

– The US Department of Education (Did (or will) you file a Schedule 1 with your 2018 tax return?)

– Nature.com (Did pangolins spread the China coronavirus to people?)

Considering the scale of the problem here, we tried to contact RightsHero for comment. However, the only anti-piracy company bearing that name has a next-to-useless website that provides no information on where the company is, who owns it, who runs it, or how those people can be contacted.

In the absence of any action by RightsHero, Sinclair Target was left with a single option – issue a counterclaim to Google in the hope of having his page restored.

"I've submitted a counter-claim, which seemed to be the only thing I could do," Target told TorrentFreak.

"Got a cheery confirmation email from Google saying, 'Thanks for contacting us!' and that it might be a while until the issue is resolved. I assume that's because this is the point where finally a decision has to be made by a human being. It is annoying indeed."

Finally, it's interesting to take a line from Target's analysis of Lovelace's program. "She thought carefully about how operations could be organized into groups that could be repeated, thereby inventing the loop," he writes.

10 DELETE "DID"
20 PROFIT?
30 GOTO 10

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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