Wednesday, January 6, 2021

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Company Demands $10K to Retract Facebook Copyright Claim on 20-sec Chinchilla Clip
Ernesto Van der Sar, 06 Jan 08:06 PM

chinchilla haiOver the years we have reported on numerous 'speculative invoicing' schemes where copyright holders demand money from alleged copyright infringers.

This includes hundreds of thousands of settlement offers that were sent to suspected pirates, but we have also seen similar threats against people who use copyrighted photos on their personal sites.

The issue with these schemes isn't the fact that rightsholders are enforcing their copyrights. That's something they are entitled to do. It's often the aggressive and sometimes even extortion-like nature of the threats that's problematic.

Yesterday, comedian "Ozzy Man Reviews" shared one of his recent experiences on this front. With millions of subscribers on YouTube, Facebook, and other social media, Ozzy Man has a dedicated following. But, it's not just people interested in his entertaining videos keeping an eye on his work.

'Pirated' Chinchilla Clip

After posting a new compilation commenting on some 'relaxing animals', the Aussie comedian received a notification from Facebook that the video had been removed after a copyright holder complained. As it turns out, the 20-second clip of a chilling chinchilla was the culprit here.

While there are fair use defenses for this type of video, the takedown request by itself is justified. However, there is more to the story.

The chinchilla clip was originally shot by Instagram user ompt_gram but the takedown request came from someone else. As it turns out, it is at least partly 'owned' by the Facebook page "Go Animals" and that page is operated by the digital video marketing outfit "Creative Stage".

Because takedown requests on social media may eventually lead to heavy account penalties, Ozzy Man hoped to resolve the matter. The good news was that Creative Stage was also open to retract the claim, but at quite a steep price.

$10,000 to Retract Claim

"Your violation caused the company damages and in order to retract we demand to receive a monetary compensation of $10,000," a representative from Creative Stage wrote back.

10k chinchilla facebook

Needless to say, this wasn't how Ozzy Man expected the release of his first video of the year to go.

"I immediately responded to the attorney representing Creation Stage/Go Animals and outlined that the amount they were asking for is unjustified. It's very similar to Speculative Invoicing," Ozzy Man informs TorrentFreak.

Creator Not Involved

While the comedian admits that he didn't clear the rights, he points out that the original creator of the clip didn't have a say either. This is not uncommon as many viral videos are 'exploited' by licensing companies.

"The person who originally shot the video should get a say. I think it's unclear to many people submitting videos to licensing companies or Facebook publishers online that the company is also asking to be a rights manager or an 'attorney-in-fact' for their content," Ozzy Man tells us.

Account at Risk

The comedian shared his frustration on Facebook and stressed that this takedown put his entire account at risk. However, he had no intention of paying $10,000 for a 20-second chinchilla clip.

In theory, he could rely on a fair-use or fair-dealing defense, but copyright holders are usually not sensitive to that. This also applies to Creative Stage which showed little sympathy for the 'trouble' their takedown caused.

"I spoke to them in detail about the effect their DMCA takedown legal action had on me and it did not faze them. Takedowns trigger both YouTube and Facebook to penalize an account instantly by default. This includes restrictions on features, loss of monetization, and throttling of organic reach. It's brutal," Ozzy Man says.

The Web of Infringements

Stepping back, the above nicely illustrates the copyright complications many online creators and regular social media users face today, often without knowing. When all 'infringements would be removed from social media and user-generated video platforms, very little remains.

Ozzy Man was in the wrong when he used the clip, but the same can be said for millions of others who post mashups, reviews, edits, or commentary online. Not to mention the millions of copyrighted photos that are published every day, without permission.

"It doesn't get easier as you get bigger or more popular either, you simply end up with more sharks around ya," Ozzy man notes.

Paying License Fees

The comedian is not an outright pirate though. He tries to balance the risk of using multiple source videos and also pays licensing fees for many clips.

"For instance, I do pay established licensing companies like Jukin Media and ViralHog. On average I'll pay $100 USD for a clip. If I'm doing a compilation commentary and license 6 videos for 600 bucks USD, I know that my risk level goes down.

"And if these companies are genuinely sharing a cut of the financial pie with the original posters that shot the content then it's nothing but a win for all of us."

ozzy legend

Ozzy Man's problem isn't so much the payment part but if he does pay for something, a share of that should go to the original creator. Right now, there are too many third-parties exploiting others' content.

Have Some Ethics

"If ya looking to start a video licensing company online in 2021 have some damn ethics, integrity and discretion in how you operate and assess 'damages' or 'market harm'.

"I think the idea of 'market harm' over a chinchilla being groomed video is ludicrous. It's farcical. Don't go gung-ho in the Content ID systems on YouTube, Facebook, etc and expect zero criticism for doing so."

It appears that after making the matter public, things moved in the right direction. An army of followers defended the comedian and after a few hours the video was restored. We have to wonder, however, if the same would have happened to someone with a smaller following.

Ozzy Man is happy with the outcome and confirms to us that he didn't pay anything. While his risk assessment with the chinchilla clip was a bit off, this doesn't mean that he will stop using unlicensed clips on occasion.

"I hate being restricted, so I'm always gonna take SOME risks in the pursuit of comedy gold," he concludes.

Enjoy.

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

Pirate IPTV Community Raises The Alarm Over Hacks and Extortion
Andy Maxwell, 06 Jan 12:11 PM

hackerDue to their nature, pirate IPTV service operators and resellers tend to operate in the shadows, cautiously guarding their own identities and those of their users.

Aside from the few cases where such entities find themselves targeted by legal action or even the police, exposure is a rare event. However, a couple of years ago a new threat emerged after several IPTV providers were targeted by a hacker.

High Profile Attacks Against Helix and PrimeStreams

Late 2019, we reported on a pair of attacks against two of the more recognizable IPTV brands on the market. Warning signs first appeared on the homepage of Helix Hosting, when the alleged hacker revealed that the provider had been given the option to pay a "small amount" in order to prevent all of his customers' details from being leaked online.

On top, the hacker threatened to leak the personal details of at least one owner or staff member, along with their names, addresses, phone numbers and IP addresses. There was no question that this was a serious problem for Helix. But the hacker wasn't happy with just a single target.

Just days later, PrimeStreams was under attack by the same person, who again demanded that a ransom be paid to prevent customer details from being leaked online. The amount was significant – $70k payable in bitcoin – but that was not the full extent of the attacks. Several other providers were targeted too, always with the same modus operandi but differing amounts.

TF previously received information on extortion demands down to around a single bitcoin, with the hacker appearing to tailor the amount based on the size of the provider or reseller's customer base. What was clear, however, is that many attacks were going unreported in public, most probably due to the sensitive nature of the businesses being targeted.

New Warnings: More Hacks, More Extortion

With so many hacks appearing in a short space of time, those under attack began to suspect that a common vector was being exploited by the hacker. Very early on, at least one provider publicly suggested that billing software (provided by WHMCS Smarters and used by hundreds perhaps thousands of providers/sellers) could've been part of the problem.

A new announcement by a moderator of Reddit's /r/IPTV community is now putting more meat on the bones that supports that theory while putting more worrying information into the public domain.

"Over the last couple years numerous IPTV providers were hacked by someone exploiting the WHMCS billing module. Some major providers paid up to $70k USD to the hacker and some of these exploits were covered on Torrent Freak. The hacker has probably hit at least 50 smaller IPTV providers, maybe more, that's only the ones we know of, always asking for Bitcoin as a ransom," the moderator reveals.

Also of interest is that the hacker reportedly caused damage to the sites in order to pile on more pressure to pay. But of course, those targeted didn't have the luxury of seeking legal support or even protection from the police, so the extortion scheme continued and the pressure mounted for a while, before eventually tailing off.

Unfortunately, the hacker appears to have resumed his activities in recent months and members of the IPTV community are now pooling their resources to gather information on the individual and sound the alarm. The allegations coming out now are a concern, to say the least.

"He knows the IPTV business and has inside info that most wouldn't," the warning continues. "But here is the most important thing you should be aware of. He knows Smarters better than many. Ask yourself why."

This theme, that the hacker could have some connection to Smarters, however obscure, continues with additional allegations that seem to suggest more than just a casual relationship.

"The [Reddit /r/iptv/] mod team has seen substantial evidence that points to this hacker being someone involved with Smarters, possibly on their staff, or related in some way to their operation. Seems to be a strong connection."

"We are NOT accusing Smarters, but we urge you to use CAUTION if dealing with them especially if it involves server access. Don't ever provide them passwords to your servers for any reason. He will know," the warning adds.

WHMCS Smarters Responds to Allegations

Given the potential severity of the allegations, TorrentFreak contacted WHMCS Smarters for a response and a statement on whether the company would be prepared to carry out a security audit to check for any issues of concern.

Company owner Amanpreet Singh responded quickly, thanked us for bringing the matter to his attention, and assured us that he had discussed the matter with his team and had come up with several security recommendations.

– Always use a strong password and keep changing it after a few months
– Use the SSL (HTTPS): Always on HTTPS
– If you have WordPress installed at the front then ensure there are no unknown plugins
– Change your server Access Passwords once Smarters has finished the installation.
– File permissions should be accurate

In our initial contact, Singh told us that he wasn't sure what more he could say, since he has no idea whether the allegations raised by the Reddit moderation team are true. In response, we again asked whether he would commit to carrying out a security audit within the company as part of an investigation.

"There is no chance of the hacker being involved with Smarters," Singh informs TF.

"I have already discussed this with my team and there is nothing to be worried about at our end. My real brother and cousin brother and my one sister are working as team leaders and they are responsible for the installation and updating of billing panels.

"The second major thing is if we change the passwords then there is nothing to be worried about. I told my team to force the clients to change the password when the installation is done."

Paying a Ransom Doesn't Guarantee The Hacker Will Withdraw

Considering the very nature of blackmail, paying a ransom to a hacker may seem like a good idea at the time but when easily duplicated digital information is involved or attack vectors remain available, there's no guarantee that a hacker will honor his or her side of the bargain. Indeed, according to the Reddit moderator (who has good connections in the IPTV community), paying up may not be the end of the story.

"Don't pay the hacker if he hacks your site cuz it won't do you any good. He has hit many people several times. Comes back for more, too. It's no guarantee that he won't leak your info if you pay him," he adds.

"Don't pay this asshole if he hits you. [By the way] he can hack the newest WHMCS version if you give Smarters any server passwords. You were warned."

Finally, it's claimed that members of the IPTV community have additional evidence up their collective sleeves but are holding back from publishing now, in order to protect sensitive information. However, they aren't ruling out revealing that in the future, if the hacker persists.

In response to the report of additional information being available, Singh is offering his help, should IPTV providers need it.

"If they have particular evidence then I would ask [them] to share it with me then I can help [them] with it more," he concludes.

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

 
 
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