Tuesday, August 25, 2020

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EU Commission Reports Drop in Pirate Site Ads Following Industry Deal
Ernesto Van der Sar, 25 Aug 09:52 PM

fish pirateMost pirate sites and apps won't survive without advertising revenue. This is why the advertising industry is seen as an important partner to combat piracy.

Over the years several ad-focused anti-piracy initiatives have emerged. In the UK, hundreds of advertising agencies began banning pirate sites and elsewhere similar measures have followed.

Anti-Piracy 'Advertising' Agreement

One of the more prominent plans was orchestrated by the European Commission. In 2016, this resulted in a set of guiding principles and two years later several leading EU advertising organizations, including Google, officially promised to reduce ad placements on pirate sites.

The memorandum of understanding (MoU) also promised to keep a close eye on the effectiveness of the measures. And indeed, this week the EU Commission released a report documenting the progress made thus far. The same report also gives an indication of how the partnership will move forward.

"This initiative will help deprive these websites and mobile applications of the revenue flows that make their activities profitable," the EU Commission notes, summing up the ultimate goal.

Drop in Ad Placements

While there is no data on how the revenue of pirate operators has evolved in the first year after the deal was signed, the EU Commission reports that the effect on ad placements is clearly visible in Europe. Specifically, the number of ads served per visit dropped by 12%.

"There has been a 12% decrease in the average number of ads collected per visit to IPR infringing websites following the introduction of the MoU, down from 2.02 in the pre-MoU comparison dataset to 1.77 in the post-MoU comparison dataset," the EU Commission reports.

This is a positive outcome but at the same time, data show that the number of branded advertising campaigns increased significantly. These refer to ads that can be attributed directly to a specific brand, including well-known companies.

"Although fewer ads were found per visit, the percentage of branded advertising post-MoU has increased from 38% to 52%. The largest increases came from the UK, the Netherlands, Germany and Italy," the report reads.

The term 'brand,' as used in the report, is very broad. It includes both smaller and larger EU brands that operate in a wide variety of industries. While these branded ads increased overall, ads from gaming brands and EU brands decreased.

Fewer Ads From EU Intermediaries

In addition, the number of ads that appear on pirate sites through EU intermediaries, such as advertising outfits, also decreased from 28% to 22% in the year following the signing of the deal.

The reported data comes from a study that was conducted by White Bullet Solutions, which are part of the deal as well. The company monitored ad placements on 7,627 websites from 19 EU countries, using the US as a control group.

The pirate sites offer a wide variety of content but nearly three quarter (72%) was dedicated, at least in part, to film piracy. Most of these sites were so-called linking portals, followed by direct-download and torrent sites respectively.

white bullet report

Overall the data suggest that there are fewer ads on pirate sites. However, what that means for their revenue is not clear. This will be the topic of a follow-up study, the EU Commission writes.

Follow-Up Study Will Look at Ad Revenue

"The second study will provide an estimation of the ad revenues collected by IPR-infringing website owners, in addition to quantifying the evolution of online advertising on IPR-infringing websites over time."

Despite the well-intentioned efforts, these anti-piracy measures may also have an undesired side-effect. When legitimate advertising companies and brands avoid 'pirate' sites, the percentage of ads sourced from dubious partners may increase. Those may be more prone to misleading or harmful practices.

The EU Commission is positive about the future, however, and hopes that more and more companies will join the deal. This applies to advertise companies but also social media firms, payment providers, and others. The more companies that are on board, the more effective the measures will be.

A copy of the EU Commission's report is available  here (pdf)

From: TF, for the latest news on copyright battles, piracy and more.

USTVNow No Longer "Recommends" Kodi, Sends Legal Threat to TVAddons
Andy Maxwell, 25 Aug 01:24 PM

USTVNow logoUSTVNow brands itself as a legal video streaming service providing TV for "US Military and US citizens abroad."

The platform is also popular with viewers outside these groups, many of whom access the service using the convenience of third-party Kodi add-ons designed for the task.

However, in recent weeks there has been a considerable amount of confusion over the use of Kodi add-ons with the USTVNow service.

A dedicated USTVNow add-on has been promoted by or made available from at least two official/semi-official locations – the actual Kodi team repository (where it remains today) and a page on unofficial Kodi add-on resource TVAddons. That has now been removed for reasons we'll explain shortly but first some background.

USTVNow Kodi Add-ons Have Been Flaky For a While

For many months, users of USTVNow who use a Kodi add-on to access the service have been complaining loudly via Twitter that compatibility is poor and errors are widespread.

Back in February, for example, a user based at an electronics store (Hydra Electronics) complained that after filing a complaint with USTVNow, the streaming service sent him back to the Kodi team to fix the problem, since they're supplying the add-on.

Since then there have been many other complaints but on July 30, USTVNow responded, clearly recommending the add-on located at Kodi.tv but noting that it doesn't provide any support for it, which is fair enough.

On August 4, however, everything changed, with USTVNow changing its position on Kodi altogether by not recommending the use of it at all.

What prompted this sudden turnaround isn't clear but one obvious explanation could be that having Kodi add-ons maintained by a third-party is just too much trouble.

However, activity behind the scenes also indicated that when third-party groups offer and promote Kodi add-ons for USTVNow, that might also present legal problems – at least for them.

For many years, third-party Kodi add-on site TVAddons not only offered or linked to a free add-on for the USTVNow service (which required an official USTVNow account) but has continually encouraged users to become customers of USTVNow.

On August 12, however, USTVNow operator Dutch Phone Holdings Inc. sent TVAddons an aggressive email titled "USTVNOW Enforcement".

USTVNow Accuses TVAddons of Trademark Infringement and Piracy

"It has come to our attention that you are promoting your services through your website using our trademark USTVNOW and our official logo," the email begins.

"USTVnow doesn't have or support any app. Our customer [sic] can watch live TV streams directly from our website. This fake app is misguiding our 1.6 million customers. You are also pirating our content from our website, ustvnow.com, and directing consumers to apps that appear to be DutchPhone's USTVNOW apps."

According to the email, TVAddons 'use' of USTVNow's "trademark and content" is grounds for numerous legal claims including (but not limited to), trademark infringement, copyright infringement, unfair competition, and violation of the Digital Millennium Copyright Act.

"DutchPhone takes this matter seriously and will take all measures necessary to enforce its intellectual property rights. We demand that you take down your page mentioned above and all other pages on your website talking about USTVnow within seven (7) days of this letter. Otherwise, DutchPhone will have no choice but to take further action," the communications concludes.

A response to USTVNow, shared by TVAddons with TF, shows the Kodi add-on repository immediately complying with the request, within hours. Nevertheless, the site also had its say, including by pointing out that for "several years", USTVNow's official documentation actually linked to TVAddons and promoted the add-on for its customers to use.

"We also sent you thousands of paying subscribers, for which we never asked for nor received a dollar," the response reads.

"That being said, we will stop promoting you immediately, and instead send our users to your competitors. You could have asked us nicely, instead of sending us a threatening legal letter."

Only making matters worse, instead of contacting TVAddons directly, USTVNow sent its legal threats to Cloudflare, which also forwarded the complaint to TVAddons' hosting provider.

That doesn't appear to have had an immediate negative effect on its relationships with those companies but certainly won't have helped TVAddons remain visibly squeaky clean in light of its historical legal problems with rightsholders.

Same USTVNow Add-On Still Available on the Official Kodi Site

In the early days, TVAddons promoted a USTVNow Kodi add-on created by a developer known as Mhancor7 but according to the third-party platform, that was discontinued long ago and hasn't been distributed for years.

Instead, the site has been promoting the same add-on as recommended via the official Kodi team at Kodi.tv. Curiously, that add-on can still be found here.

Whether the developers of Kodi will also stand accused of trademark infringement and piracy in due course remains to be seen but it's clear that without a semi-official option to watch USTVNow via Kodi, that platform's users will be left worse off for choice, or may even choose to migrate elsewhere, perhaps even to illegal options.

From: TF, for the latest news on copyright battles, piracy and more.

 
 
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