Sunday, March 15, 2020

TorrentFreak's Latest News

 

There's Something Fishy Going on with Australia's Piracy Numbers
Ernesto, 14 Mar 10:55 PM

Australia's latest online copyright infringement report, released by the Department of Communications in December, suggested that piracy is falling.

The data pointed out that there's been a steady decrease in the number of people who consume music, movies, and TV shows illegally. This follows a trend that was revealed in earlier reports.

According to the Government, a mere 16% of the population can be classified as pirates. This is a drastic drop compared to last year when a similar study found that 32% obtained content illegally. In 2015, when the first survey was taken, the number was even higher at 43%.

Like many other news outlets, we reported the numbers as they were presented. However, something didn't feel right. This prompted us to step back and take a closer look at the reported data to see how this unprecedented drop took place.

Specifically, we want to see where this drop comes from and how it can be so massive.

The bar chart below provides a good starting point. It shows what percentage of a particular category of digital content is consumed 100% legally, 100% illegally, or a mix of both. The chart also shows the same data for "any of the four" content categories.

As reported, the bar on the far right shows that, across all categories, only 16% of the respondents consumed content unlawfully in any of the four categories. That is exactly as reported, so that's good news.

The problem is, however, that this percentage doesn't make much sense when we look at the individual categories.

Based on the reported sample numbers, the 16% across all categories translates to 314 respondents. In other words, 314 people pirated something from any of the four categories which includes music, games, movies and TV.

However, when we look at the movies category on its own we see that 25% of the respondents consumed movies illegally. Based on the sample size for that category, that translates to 316 respondents.

How can it be that more people consume movies illegally than in the four categories combined, which also includes movies, and thus the same respondents?

Technically this can be chalked up as rounding variance. But even when that's the case, it seems implausible that every person who pirated something also pirated movies.

That explanation is even more implausible when we look at the exact same data from the year before. That year 32% of the people consumed content from any of the four categories unlawfully (555 respondents). However, less than half of these were also movie pirates (240 respondents).

It seems very unlikely that when in 2018 less than 50% of the self-proclaimed pirates consumed illegal movies, this suddenly went up to 100% in 2019.

We shared our findings with the Australian Government's Department of Communications and the Arts. Despite several back and forths, they were not able to explain these findings.

In previous years the report also included the raw numbers for all the categories, which could provide more insight. However, the most recent report no longer includes these and the Government informed us that it does not have permission to share the data.

And it doesn't stop there. The further we delve into the numbers the weirder things get.

For example, there is a similar chart to the one shown earlier but in this instance detailing the consumption of "free" content (e.g. downloading from torrent sites).

As shown above, this indicates that 46% of all respondents who consumed free content in any of the four categories did so unlawfully.

This translates to roughly 678 respondents, which is much more than the number cited for all content consumers (paid and free), which presumably includes the same people.

There are many other examples to give but the above clearly illustrates that there's something fishy with these numbers. According to the Government, the entire pirate population was slashed in half last year, but we doubt that this is really the case.

Drom: TF, for the latest news on copyright battles, torrent sites and more. We also have an annual VPN review.

Serious Copyright Infringers Face Up to Six Years in Prison Under New Swedish Law
Andy, 14 Mar 02:00 PM

For more than a decade, rightsholders and anti-piracy groups in Sweden have criticized the scale of the penalties available for courts to hand down in cases of serious copyright infringement.

Perhaps the most famous case, involving the people behind The Pirate Bay, ended with defendants Peter Sunde, Fredrik Neij and Carl Lundström originally receiving eight, ten and four months in prison. As things stand the absolute maximum sentence is two years. The government now wants to challenge the status quo with changes to the law that will see the most egregious infringers jailed for much longer.

The amendments, which began with a 2017 investigation and cover many aspects of intellectual property including patents and trademarks, were first tabled more than two years ago. According to an announcement by the Swedish government, they have now been passed to the Law Council for consideration.

"There has been significant social development since the penalties for intellectual property infringement took their present form," the government writes in its submission.

"The meaning of intellectual property rights has increased substantially at the same time as large-scale and industrially-operated infringement operations. This has serious consequences for society as a whole.

"It is therefore important that criminal law is designed so that this type of crime can be met with penalties commensurate with the seriousness of the offense. Therefore, in the Law Council's remit, it is proposed that the penalties for the most serious cases of intellectual property infringement are sharpened and special penalties for intentional serious crimes are introduced in all intellectual property laws."

To this end and in addition to regular fines, the proposals envision a two-tiered approach.

Less serious copyright infringement offenses will still be punishable by up to two years in prison ('copyright infringement') but should a crime be considered serious ('gross copyright infringement'), the government wants to set a minimum of six months detention. This category of offenders, who will have shown an intent to commit large scale crime, face up to six years' imprisonment.

To determine whether an intellectual property infringement is gross or serious, the government says that particular consideration must be given to whether the crime was preceded by special planning, part of a crime that was organized and/or extensive, or was of a "particularly dangerous nature."

As previously reported, the government also looked at whether amendments would be required to more easily seize all kinds of property in response to infringement, including intangible assets such as domain names. This was most likely a nod towards the Pirate Bay case which dragged on for several years before the state was able to take over the thepiratebay.se domain.

In the event, the final proposals note that changes to confiscation standards can be omitted since developments in case law have rendered them unnecessary.

"There should be no new provisions introduced in intellectual property laws on the seizure of property which can reasonably be believed to be subject to confiscation. There is also no need for changes in the law regarding the handling of domain names that have been forfeited," the proposals read.

"In case law, it has been found that the right to a domain name used as a means of committing copyright infringement constitutes such property that may be forfeited under the provisions of the Copyright Act. Also in relation to the general rules on the use of [infringement tools] in Chapter 36 of the Criminal Code it has been found in practice that any form of property can be forfeited."

After consideration by the Law Council, the legislative amendments (pdf, Swedish) are proposed to enter into force on September 1, 2020.

Drom: TF, for the latest news on copyright battles, torrent sites and more. We also have an annual VPN review.

 
 
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