Monday, February 1, 2021

TorrentFreak's Latest News

 

"Secret" Illegal Streaming Survey Carries Some Surprises
Andy Maxwell, 01 Feb 07:20 PM

Top SecretFor many years, entertainment industry companies asked pirates "to do the right thing" after considering the effects of unlawful consumption on artists.

More recently, however, there has been a shift towards getting pirates to think of themselves, with stark warnings that piracy is bad for consumers since it exposes them to numerous risks. As a result, there are now many piracy=malware campaigns underway.

FACT Survey – Pirates Warn Friends Not To Pirate

Last week, the UK's Federation Against Copyright Theft published the results of a new survey, finding that "three out of five people in the UK (62%) are unaware of the hidden dangers of piracy – fraud, identity theft and malware – or its links to criminal gangs."

We'll come back to this extremely important 62% later but first, let's tackle a key finding from the study that piqued our interest.

"Once warned of the wider risks of fraud, identity theft and malware, as well as piracy's links to criminal gangs, consumers admitted it changed their perceptions of piracy and those behind it. In fact, 39% said they would now advise friends and family against it," FACT's summary reads.

Why Did Respondents Change Their Minds So Quickly?

The study was carried out on January 4th and 5th among 1,003 consumers. What's interesting is that the respondents were given extra information "warning" them of the risks of piracy after their initial answer, which caused some to change their minds when responding to a later question.

What TorrentFreak wanted to know was what those surveyed were told, especially in respect of the claim that pirate apps expose users to fraud and compromise their bank accounts. This claim gets repeated time and again so we have offered, privately and publicly, to name and shame the apps that do this in order to protect people. To date, no anti-piracy group has taken us up on the offer, so the claims persist unchallenged.

So, to get to the bottom of things, we initially approached FACT for information on which apps engage in this type of behavior. We were told that they "don't have details on any specific software or apps" and this survey was about "behaviors and attitudes of consumers only."

Initially Denied Access to Survey and Responses

We followed up by asking for a copy of the study questions and responses but were informed that FACT was "not able to share" either. At this point we turned to the company that conducted the survey, UK-based market research company Opinium, which states that it abides by the so-called ESOMAR principles.

"When publishing research findings, researchers must ensure that the public has access to sufficient basic information to assess the quality of the data used and the validity of the conclusions," the ESOMAR International Code reads.

Via FACT, Opinium then supplied some data pertaining to the study and we were surprised by what we saw. At least in part and in order to influence, the survey put scenarios to respondents that to date have simply never happened in the UK.

The Questions

After those surveyed gave their initial responses, 333 users who had previously consumed pirated content were presented with a list of supposed risks related to the use of illicit streaming services in the UK, to see if they would change their opinion.

First of all they were asked to consider malware and cybersecurity threats, followed by the potential for fraud and putting bank details at risk. As previously mentioned, FACT nor any other anti-piracy group is prepared to explain when or even if this has ever happened. Including the possibility seems likely to have influenced the responses, however.

The respondents were then asked to consider whether illegal streaming would be funding organized crime, "including the Mafia." The survey doesn't indicate the 'Mafia' is involved in the illicit streaming market in the UK and we have seen no evidence elsewhere to support that. Nevertheless, the suggestion was presented in the survey.

Those surveyed were further asked if they consider getting a fine from "police/regulators" as a risk of illegal streaming. Again, the question is just put out there, despite not a single person in the UK ever having received a fine from either in respect of illegal streaming. People were also asked if receiving a criminal record might be a risk, even though the same applies.

Blacklisting By Internet Service Providers

One of the issues posed to the respondents as a risk of illegal streaming was the prospect of internet disconnections, specifically: "Having your internet connection terminated and being black-listed by internet providers."

The problem here is that internet service providers in the UK do not disconnect customers based on allegations of illegal streaming and there is no 'blacklist' for copyright infringement. However, this statement was put out there to see if respondents would change their opinion and potentially advise friends and family to stay away.

Have You Changed Your Mind About Piracy?

"Does knowing these risks change your opinion of piracy and those who watch pirated content e.g sports matches or films?" all 1,003 respondents were asked. "I would now advise my friends and family against it," 390 respondents (39%) said.

The notable result here is that a not-insignificant 62% of respondents presented with the list of "threats" disbelieved at least one of the risks presented to them. This was not mentioned by FACT, neither was the detail of any of the supposed threats, including ISP blacklisting.

What FACT did say, however, is that "three out of five people in the UK (62%) are unaware of the hidden dangers of piracy – fraud, identity theft and malware – or its links to criminal gangs." This doesn't appear to be true. The 62% figure according to the data obtained by TorrentFreak refers to respondents who "disbelieved at least one risk" out of those highlighted above. That doesn't make them ignorant.

The statement is also confusing because the data suggest that the 62% only applies to people who previously consumed pirated content, not the entire UK population.

Another Request To Access the Data

It's important to note that there is nothing inherently wrong with the questions asked in the survey. For example, knowing whether pirates would continue to pirate when faced with Internet disconnection could be valuable information. And, of course, there is always a risk that the police could carry out a prosecution or two.

However, what appears to have happened here is that those who didn't agree with every scenario put to them were marked down as ill-informed in respect of the "very real risks" of illicit streaming. Given that UK ISPs do not disconnect people for alleged copyright infringement, that appears to be an inaccurate conclusion.

Finally, to be absolutely sure of every piece of data, we asked FACT in a joint email with Opinium to provide the details of the full study. We explained why we were concerned with the results as portrayed and explained why extra information would be useful.

We were informed that Opinium is happy with the way that the survey was conducted and reported. We were then denied access to the data.

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

Record Labels Should Sue Us in Russia, YouTube Rippers Suggest
Ernesto Van der Sar, 01 Feb 01:06 PM

In 2018, a group of prominent record labels filed a piracy lawsuit against two very popular YouTube rippers, FLVTO.biz and 2conv.com.

The labels, including Universal, Warner, and Sony, accused the sites and their Russian operator Tofig Kurbanov of facilitating massive copyright infringement.

Jurisdiction Battle

While many foreign site operators choose not to fight back, Kurbanov dug in his heels. With help from a seasoned legal team, he filed a motion to dismiss arguing that US courts don't have jurisdiction over a Russian site operator who conducts his business outside of the US.

Initially, the district court agreed with this defense, dismissing the case. However, the record labels successfully appealed, and after Kurbanov's petition at the Supreme Court was denied, the case is now back at a Virginia district court to answer outstanding jurisdiction questions.

In its first decision on the motion to dismiss, the district court chose not to conduct a "reasonability test" because the other arguments were sufficient to come to a decision. This will now be the first point on the agenda.

Newly Discovered Info

Last Friday Kurnanov's legal team asked the court if it could bring in extra information to complement its motion to dismiss. According to their filing, this shows that there is a reasonable alternative to a US court case. The music companies could simply file a lawsuit in Russia.

This idea isn't new and the labels have countered the proposition already. Kurbanov's lawyers are aware of this and even highlight that stance in their filing.

"In their opposition to Mr. Kurbanov's Motion to Dismiss, the Plaintiffs argued that it would be a 'startling suggestion that Plaintiffs should travel to Russia to assert their rights under U.S. copyright law,' and that doing so was 'not an effective strategy for vindicating rights under American law or for obtaining meaningful relief against internet pirates'," Kurbanov's lawyers write.

Labels are Already Active in Russian Courts

However, the lawyers also note that they have discovered new information showing that several of the labels have already been active in Russian courts in other copyright battles. Apparently, traveling to Russia wasn't an issue there.

The filing highlights six cases, including two TorrentFreak articles. For example, Sony, Universal and Warner labels scored a victory at the Moscow Court last month, which ordered Apple to remove a music piracy app.

In addition, several record labels have also fought VKontakte over copyright infringement issues in Russia.

kurbanov

The defense argues that, given this new information, the suggestion to fight this case in Russia isn't as "startling" as the record labels suggest.

"These materials demonstrate that Plaintiffs are clearly comfortable in the Russian courts and have effective means to protect their rights in Russia, where Mr. Kurbanov lives; where he operates the websites in question; and where every alleged act underlying Plaintiffs' claims took place," Kurbanov's lawyers argue.

Labels Disagree

Soon after the court received the request to add these articles to the record, the music companies indicated that they will oppose the request. They plan to submit their counterarguments in the near future.

One reason why the record labels likely prefer a US court is because of the DMCA's restrictions on bypassing technical protection measures. Those are central to the argument that YouTube rippers facilitate copyright infringement and are not available in Russia.

A copy of Mr. Kurbanov's memorandum in support of the motion for leave to file supplemental materials is available here (pdf)

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

Top 10 Most Torrented Movies of The Week – 01/25/2021
Ernesto Van der Sar, 31 Jan 11:30 PM

the little thingsThe data for our weekly download chart is estimated by TorrentFreak, and is for informational and educational reference only.

These torrent download statistics are meant to provide further insight into the piracy trends. All data are gathered from public resources.

This week we have three new entries in the list. The Warner Bros. movie "The Little Things," which premiered in theaters and on HBO Max last week, is the most downloaded title.

The most torrented movies for the week ending on February 01 are:

Movie Rank Rank last week Movie name IMDb Rating / Trailer
Most downloaded movies via torrent sites
1 (…) The Little Things 6.3 / trailer
2 (…) Palmer 7.3 / trailer
3 (3) Wonder Woman 1984 5.8 / trailer
4 (1) News of the World 6.9 / trailer
5 (5) Tenet 7.7 / trailer
6 (4) Soul 8.2 / trailer
7 (2) Outside The Wire 5.4 / trailer
8 (…) The Dig 7.3 / trailer
9 (6) Run Hide Fight 6.7 / trailer
10 (9) Promising Young Woman 7.4 / trailer

Note: We also publish an updating archive of all the list of weekly most torrented movies lists.

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

 
 
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