Friday, January 29, 2021

TorrentFreak's Latest News

 

More YTS Users Settle Piracy Claims After More Legal Pressure
Ernesto Van der Sar, 29 Jan 11:37 PM

yts.mx logoYTS is one of the most popular torrent sites, serving millions of users per day.

All this attention got the site in legal trouble. Various movie companies including the makers of 'Hitman's Bodyguard,' 'Hunter Killer' and 'Mechanic Resurrection,' took YTS 'operator' Senthil Vijay Segaran and the company Techmodo to court.

While lawsuits tend to end badly for pirate sites, these lawsuits turned out differently. All parties agreed to settle the lawsuits, three in total, in change for over a million dollars in piracy damages. The site, however, was allowed to continue and is still online today.

YTS Database

Initially, this was received as great news by the site's users. However, for some, it turned out to be a disaster. As part of an undisclosed agreement, YTS also shared information from its user database. This was a limited one-time arrangement, we learned from an insider, but one with broad consequences.

After settling the case with YTS, the same movie companies moved on to several users. These film companies had sued BitTorrent users in the past but now they have extra ammunition, including emails, IP-addresses and download logs obtained directly from YTS.

This information was put to use right away. Over the past months, we have reported on several lawsuits where YTS users were targeted, and movie companies also approached alleged pirates out of court by contacting them directly via email. The latter also happened to Colorado residents W. Nelson and R. Flattery.

Settle Or Else

Both were approached with a settlement demand out of court, which they chose to ignore. Perhaps they had hoped the filmmakers would move on to other targets instead, but that was not the case. A few months ago, they were taken to court.

Flattery and Nelson were sued in federal court, where the filmmakers demanded damages. In theory, that could reach $150,000 per copyright infringement, which is many times the offer they first received over email.

In many federal lawsuits against torrent users, the evidence isn't exactly rock solid. However, with emails and IP-addresses from the YTS database, the movie companies had a much stronger case here. And faced with potentially live-changing damages claims, both defendants have agreed to settle.

Defendants Settle After All

Earlier this week the movie companies asked the court to dismiss the claims against both defendants. Most of the time the settlement agreements remain private but, in this case, they were entered into the court's records.

Flattery agreed to pay $2,320 in damages to Morgan Creek Productions and admitted to sharing copies of the movie "All Eyez On Me." He was also accused of sharing several other movies, such as "Lost Child" and "Hunter Killer," but maintains that this is incorrect.

The settlement amount can be paid off in six months and the movie company offers to waive the final $120 if the defendant pays on time.

settlement

Nelson settled with several movie companies, including the makers of "Rambo: Last Blood" and "Hellboy" but no movie titles are mentioned in the agreement. He must pay $10,500.00 in minimum monthly installments of $50.

"Generous" Deal

According to the attorney of the movie companies, both defendants were offered such "generous" deals because COVID already impacted the defendants substantially, suggesting that they lost work.

"These generous arrangements were made in view of the impact the novel coronavirus has had on the employment situation of Defendants and further hardships currently endured by Defendant Nelson," the attorney writes.

Needless to say, this is a grim ending for the defendants. And the same is true for fellow Coloradoan S. Moody, who settled his case in early November. While they are probably happy to get this burden off their back, it must be strange for them to see YTS continue business as usual.

A copy of the letter informing the court about the settlement agreements is available here (pdf)

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

Former Pirate Scanlation Site Fakku Wants Cloudflare To Unmask Hentai.cafe Operator
Andy Maxwell, 29 Jan 11:38 AM

Pirate GirlDue to their very nature, pirate sites become successful by offering pirated content and after staying online as long as they can, tend to die in the same way.

The demise of unlicensed sites often comes about due to legal pressure but for some, it can be possible to move onwards and upwards with a change of business model.

That was the case with former 'pirate' site Fakku, a platform that built its popularity on unlicensed scans and translations (scanlations) of adult manga comics, also known as 'hentai'.

The site launched in 2006 and built a decent audience but by 2015, Fakku had gone completely straight after transforming itself into a site offering only licensed content. As a poacher turned gamekeeper, Fakku now has to contend with sites doing roughly what it did for nine years, i.e posting other people's content without permission.

Fakku Steps-Up Its Targeting of Pirated Content

The company behind Fakku, Fakku LLC, began sending takedown DMCA notices to Google several years ago, demanding that sites publishing its content have their URLs delisted from search results. While this resulted in many thousands of takedowns, it wasn't until the start of 2020 that Fakku really stepped on the gas.

Fairly quickly, Fakku was asking for up to 340,000 URLs to be delisted in a week, a number that jumped to 1.1 million in the summer. At the start of this year, Fakku went into overdrive and in the week starting January 4, 2021, the company asked for around 4 million URLs to be delisted, a figure repeated just a couple of weeks later.

This put sites including hentaishark.com, nyahentai.com, and nhentai.net under considerable pressure, with the former being subjected to more than 8 million DMCA notices, something that could cause it to be downranked by Google. However, it's the 10th most-targeted domain on the list – hentai.cafe – that now finds itself in Fakku's legal crosshairs.

Fakku Takedown Notice Ignored By Hentai.cafe

On Wednesday, Fakku's legal representative filed a request for a DMCA subpoena at a court in the Eastern District of Michigan. The application reveals that on December 1, 2020, Eric Green of anti-piracy company Remove Your Media wrote to hentai.cafe demanding that the site take down a copy of Comic X-Eros #66, 'Bullied Revenge Hypnosis #5'.

"Please act expeditiously to remove or disable access to the infringing material or items," the letter reads, adding the URL where the content can be found.

Fakku Hentai-cafe DMCA

Checking out the URL in question reveals that the content remains up, suggesting that hentai.cafe failed to take action in response to the notice.

Fakku Wants To Identify The Operator of Hentai.cafe

This inaction appears to have prompted Fakku take to more aggressive action against hentai.cafe. Fakku's application for a DMCA subpoena demands that Cloudflare, which hentai.cafe uses to help keep its site online, hands over the personal details of the operator and/or owner of the pirate site.

The information requested is broad and includes (but is not limited to) the "billing or administrative records that show the name(s), address(es), telephone number(s), email address(es), IP address(es), account number(s), credit card numbers and any other electronic or physical documents identifying the name(s) and address(es) or contact information of the operator and/or owner of the Infringing Website."

At the time of writing the DMCA subpoena doesn't appear to have been signed off by the court but in the majority of cases, this is usually a formality.

Quite what Fakku intends to do with the information isn't clear. It could be a straightforward matter of taking some kind of legal action, if possible, but Fakku has also been known to offer somewhat controversial assistance to pirate sites to get themselves out of legal trouble.

The DMCA subpoena can be found here (pdf)

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

 
 
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