Wednesday, October 7, 2020

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'Nintendo Sued Team-Xecuter Without Knowing It'
Ernesto Van der Sar, 07 Oct 10:06 PM

team xecuterLast week, the US Department of Justice indicted three alleged members of Team-Xecuter.

The group, whose modchips and software solutions help to facilitate game piracy, has long been a thorn in the side of Nintendo.

The authorities didn't mention any involvement from the Japanese gaming giant in its investigation. However, considering the close eye that it kept on Team-Xecuter, the company was likely consulted down the line.

Nintendo Sued Switch Hack Stores

The timing of the criminal prosecution is interesting as well. It follows legal action in which Nintendo worked to shut down ROM sites and stores that sell Team-Xecuter products. In fact, one of the stores that Nintendo has an ongoing case against, Axiogame.com, is believed to be operated by Team-Xecuter.

Axiogame.com is one of the stores Nintendo sued in May. That case, which lists nine defendants in total, was filed against "John Does" as the operators are unknown. After filing the lawsuit Nintendo did its best to identify those running it, but without success.

Axiogame = Team-Xecuter?

The US Government appears to know more. Although all claims have yet to be proven, the Team-Xecuter indictment links Axiogame.com to game piracy conspiracy.

"The enterprise also sold its circumvention devices directly to individual consumers through its own online platforms. For example, LOUARN and CHEN sold modchips through an online marketplace called axiogame.com. This website sold modchips developed by the enterprise in addition to a variety of gaming accessories," it reads.

After the criminal prosecution was announced Axiogame.com and Maxconsole.com, a review site also believed to be operated by Team-Xecuter, remained online. However, that changed yesterday and, at the time of writing, both can't be reached.

Court Grants Injunction Against Switch Hack Stores

Nintendo has booked a victory of its own against Axiogame and the other online stores after a Washington federal court granted its request for a default judgment and permanent injunction.

The permanent injunction requires the store operators to stop any infringing activity, destroy any infringing products, and hand over their domain names. The injunction also applies to third-party services, including hosting companies and domain registrars and registries, who can be compelled to shut the sites down as well.

nintendo injunction

The injunction covers the sites Anxchip.com, Axiogame.com, Flashcarda.com, Mod3dscard.com, Nxcard.com, SXflashcard.com, TXswitch.com, Usachipss.com, Lowbr.com, Masterpl.com, Brujoon.com, Agresu.com, as well as any successors that may appear.

Axiogame.com's downtime doesn't appear to be a direct result of the injunction, as the site was already offline before it was issued. It seems more likely that it's related to the criminal prosecution.

It will be interesting to see whether Nintendo will act on the information that was made public through the indictment. Now that it knows who's allegedly behind Axiogame.com, it can replace the "John Doe" defendant with actual names.

A copy of the default judgment and injunction obtained by Nintendo against the various stores is available here (pdf)

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

Apple Targeted By Records Labels For Distributing Music Piracy Apps
Andy Maxwell, 07 Oct 10:33 AM

Pirate AppleAfter years in the making, last Thursday a new law came into force in Russia designed to quickly remove piracy-enabling apps from the download stores of companies including Apple and Google.

The legislation requires Internet distribution platforms to quickly respond to allegations of copyright infringement by either asking developers to remove their 'pirate' apps or if that proves fruitless, to remove them anyway. Failing to do either could result in platforms operated by Apple, Google and other entities being blocked by local ISPs.

Record Labels Quickly File Complaints

In an apparent move to test the new legislation, three major record labels – Sony Music Entertainment, SBA Music Publishing (part of Warner), and Universal Music – quickly filed complaints at the Moscow City Court on the day the law came into force.

Roman Lukyanov, CEO of Semenov & Pevzner, a local law firm specializing in copyright protection and representing the labels, told Kommersant that the applications for interim measures against three apps were filed on October 1, 2020, listing Apple as the defendant.

The applications request that local telecoms watchdog Roscomnadzor takes action "to stop creating conditions" that allow for the illegal distribution of copyrighted works by a handful of local artists. However, tests on the apps in question reveal that the infringements go much, much further than that.

PewPee: Music Player

Currently still available via Apple's App Store, PewPee: Music Player provides a Spotify-like experience for users. People must sign up for an account to gain access but are then presented with a comprehensive music search engine, genre picker, plus other features such as playlist and favorite creation.

PewPee

Where PewPee sources its music from is unclear. Similar apps often act as an interface for YouTube audio but checking the source code of the app and its background site reveals that they are actually distributing MP3 files of the selected tracks, rather than pulling them from YouTube on request.

Users of the PewPee app are able to download their favorite tracks to their own devices for offline listening too, another feature usually considered a clear red line for the record labels. Also, visitors to the PewPee site can do exactly the same using basic browser tools, which reveal the precise URLs of the music in question which are obtainable as one-click downloads.

iMus Music Player

"iMus is a powerful music streaming app with incredible features which lets you play your favorite music video. and you can browse, listen to unlimited music video and Search hottest, top & trending songs, artists, albums & genres," reads the application's description on the App Store.

iMus (which on the store itself is listed as 'X Musii Play Music Streaming') is listed by Apple as the 104th most popular app in its 'Music' category.

While it claims to play videos, the iPad variant tested plays only music, which appears to be pulled from YouTube. Whether there are bugs yet to be sorted remains unclear but the software is best described as unfinished and irritating. Videos adverts with audio constantly play over the top of selected tracks, which appear to randomly cut in rather than playing from the start.

Offline Music Download Music/ Music Downloader & Player

This app appears to offer two types of functionality – the ability to watch YouTube videos within the app and listen to other music pulled from elsewhere. YouTube videos don't appear to have a download function but other tracks can indeed be downloaded to an iOS device.

In any event, the tool has lots of advertising which are either presented as pre-roll videos or in the same irritating full-screen fashion as iMus before tracks are played. After seeing the 10th suspicious ad for the same 'unhackable phone', the option to use the app without ads seems a little more attractive – but even that's overstating things.

Offline Music

As the image above shows, when the app first launches users are presented with a slick splash screen offering a subscription-based ad-free service that will bill an Apple account if allowed to. Considering that YouTube already exists for free (and at the price Spotify is a much better option) the request for cash feels like a bit of an insult to users and artists alike.

Labels' Injunction Applications Are a 'Test Run'

Representing the labels, Roman Lukyanov of Semenov & Pevzner says that the cases filed with the court are a 'test run' and that other copyright holders are standing by to see how things go. Maxim Ryabyko of local anti-piracy group AZAPI says that his members intend to make use of the new law in the future, particularly against Google's Play Store.

In comments to Kommersant, Ryabyko described the current interaction with Google as "leaving much to be desired", noting that Telegram is also "extremely reluctant to remove pirated content".

According to an announcement yesterday from Roscomnadzor, both Google and Apple have been sent letters asking them to provide contacts for "operational interaction" when it comes to the execution of court decisions, i.e the rapid removal of piracy-enabling apps as the new law requires.

While that may go to plan, it remains a question why the labels didn't send simple DMCA notices to Apple which would've required them to remove the apps listed above even more quickly.

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

 
 
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