Wednesday, March 31, 2021

TorrentFreak's Latest News

 

Russian Operator of YouTube Rippers Must Face Piracy Claims in US Court
Ernesto Van der Sar, 31 Mar 07:51 PM

2convThe major record labels believe that YouTube rippers are the most significant piracy threat on the Internet.

These sites, which can be used for a variety of purposes, are used by some to convert free YouTube videos into MP3s.

The Legal Battle Thus Far

Three years ago a group of prominent music companies took the operator of two of the largest YouTube rippers to court. The labels, including Universal, Warner Bros, and Sony, accused FLVTO.biz and 2conv.com of facilitating copyright infringement.

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.

Remaining Question

The Court of Appeals for the Fourth Circuit previously determined that Kurbanov purposefully directed activities at Virginia. This means that the district court only has to decide whether it is "constitutionally reasonable" to sue the Russian site operator there.

In an order released yesterday, US District Court Judge Claude Hilton concludes that it is indeed reasonable to continue the case in Virginia. As a result, Kurbanov's motion to dismiss is denied.

dismissed kurbanov

In his opinion, Judge Hilton considers the burden of litigating a complex lawsuit on foreign soil, agreeing that this burden is indeed great because of the geographic limitations.

"Defendant Kurbanov resides in Rostov-on-Don, Russia, more than twenty hours by plane from the Eastern District of Virginia. Defendant does not have a visa to visit the United States, and the nearest U.S. embassy for him to obtain one is a twelve-hour drive from his home," Judge Hilton writes.

Burden is Substantial, Not Unreasonable

While the court agrees that the burden is substantial, it's not necessarily excessive or unreasonable. The extensive litigation history suggests that the operator can still fight the case through his US-based legal team.

"Judging from the many filings defense counsel has made in the present case, Defendant appears to maintain satisfactory communication with his counsel. There is nothing to indicate defense counsel could not adequately represent Defendant's interests in the United States going forward."

Virginia's Interest

In addition, Judge Hilton stresses that Virginia has an interest in resolving this dispute. The Court of Appeals for the Fourth Circuit found that Kurbanov had "plentiful" contracts with the state, noting that his sites collected data from more than 1.5 million visitors in the state.

Citing earlier jurisprudence, the court adds that Virginia also has an interest in ensuring that copyright law is properly enforced.

"Though the claims at issue in this case do not arise under Virginia law, Virginia maintains 'an interest in ensuring that the nation's copyright and trademark laws are not violated within its borders,' lest the state become a safe haven for intellectual property infringement," Judge Hilton writes.

Motion Denied, But Case Continues

Based on these arguments the motion to dismiss is denied. This means that after three years, the case is likely to move ahead on its merits.

The ruling is good news for the music companies, who will get their chance to defeat the YouTube rippers in court. However, based on how Kurbanov and his legal team have fought this case thus far, this could prove to be quite a challenge.

A copy of US District Court Judge Claude Hilton's memorandum opinion is available here (pdf)

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

Pirate Streaming Site Revenue Down, Despite Audience Growth & Innovation
Andy Maxwell, 31 Mar 03:31 PM

Pirate KeyIn 2019, BREIN, the MPA and ACE teamed up to take down Moonwalk, a pirate CDN system that provided back-end services to large numbers of pirate streaming sites.

Moonwalk's business model was of particular interest since, in addition to providing back-end services, it also supplied huge volumes of pirated content, including more than 26,000 movies and 10,000 TV shows to around 80% of Russian streaming sites.

In the wake of the enforcement action, more 'pirate' CDNs shut down but these were not the only players in the market, with others remaining operational.

Jolly Roger's Patrons and Beyond

Last summer, cybersecurity firm Group-IB published an interesting report into the activities of players in the 'pirate' CDN market, detailing how platforms including Collaps, HDVB, and VideoCDN, offered an all-in-one solution by providing content, advertising and embedded video players to pirate sites.

Today, the company follows up with a new report titled "What Makes Jolly Roger Sad", revealing that revenues for pirate entities in the video space are down for the third successive year.

In 2017, revenues for players in the pirate video streaming sector were estimated to be around $85m, reaching a peak in 2018 at $87m. In 2019, the year that BREIN, the MPA and ACE took legal action against the major players, the market took a significant hit, with revenues down 27% to around $63m.

In 2020, the revenue generated by streaming platforms contracted again, albeit by a smaller amount. With a 7% drop when compared to the previous year, revenues stood at an estimated $59m. According to Group-IB, several factors were at play.

"Online pirates were not quite successful in fully restoring the video content database after the elimination of the CDN big three. After Moonwalk, HDGO, and Kodik were shut down, the geographical scope of pirate CDNs has been quite limited, with three locations: the Netherlands, Lithuania, and Russia (Mnogobyte/ZeroCDN)," Group-IB explains.

"Furthermore, they have lost the advertising profits and found themselves in a competition for viewers with legal online streaming platforms which were able to increase their audience during the pandemic."

Boost For Legal Streaming Platforms, Pirates Continue to Search

Citing research carried out by TMT Consulting, Group-IB says that during the height of the coronavirus pandemic in 2020, the number of people using legal streaming services reached 63 million viewers, an increase of 17% over the previous year. This led to legal streaming services generating revenues of around $365.7 million.

However, even with this increased interest in legal supply, pirates were still keen to find content for free, with search engines such as Yandex (90% of traffic) proving a popular port of call.

"The number of searches in popular search engines in Russian for free trending movies and TV shows on illegal websites has also grown," Group-IB notes.

"The figures show a 12% increase compared to 2019, amounting to 11.8 billion search queries (compared to 10.5 billion in 2019). The number of searches for illegal content rose to a record-high 1.4 billion intentions in April 2020. At times, servers streaming illegal content failed to deal with such a high influx of viewers."

Pirate Services Take Revenue Hit But Continue to Innovate

Following the removal of Moonwalk, HDGO, and Kodik from the market, plus increased pressure from financial institutions and regulators, Group-IB observes that advertisers began to show less interest in the pirate market. In 2020, the average CPM (cost per mile) fell by 16% to $5, down from $6 a year earlier.

The replacement 'pirate' CDNs also failed in their efforts to properly fill the gap in the market left by the 'Big Three'. According to Group-IB, even when the content offered by the current eight largest CDNs is added together, they only manage to offer around 50% of the content offered by Moonwalk, HDGO, and Kodik.

That being said, pirates didn't stand still. In 2020, Group-IB says that pirates innovated by integrating CDNs with fully automated streaming services.

"The first mass prototype was the Cinemapress script and about 400 pirate streaming services were based on it. In April 2020 Cinemapress was replaced by Yobobox with its 250 domains discovered so far, which — unlike its predecessor — is entirely free and integrated with Collaps, one of the largest CDNs," the company notes.

Another innovation involves techniques to reduce the effect of 'pirate' links being deleted from search engine results as required by the country's anti-piracy memorandum. While millions of infringing links are being deleted by search engines such as Yandex as part of the agreement, which in theory should make pirated content harder to find, pirates are adapting.

"Experts' biggest worries are tied to the fact that in 2020 Russian-speaking video pirates learned to quickly detect the links eliminated by the anti-piracy memorandum, to generate duplicates in real time (using alternative URLs), and use mutating links (scripts for automatic changing of paths in links) resulting in a decreased effectiveness of countermeasures," Group-IB notes.

Both Legal and Illegal Services Have Increased Their Audiences

Another interesting detail in Group-IB's report is that, while pirate sites are less profitable and legal services are doing better than ever, pirate sites are still growing their audiences.

"In 2020 both legal and illegal streaming platforms significantly increased their audience but failed to get the maximum benefit out of it", says Dmitriy Tiunkin, Head of Digital Risk Protection Europe at Group-IB.

"We witnessed pirates recover from the three largest CDNs being shut down. Pirates are restoring their technical capacity and increasing opposition to copyright owners. Some digital pirates use mutating links, domain changes, and decentralized CDNs to bypass the anti-piracy memorandum, thereby undermining attempts of manual regulation and anti-piracy techniques that were relevant several years ago."

'What makes Jolly Roger sad. The state of video piracy in Russia' can be found here.

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

 
 
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Tuesday, March 30, 2021

TorrentFreak's Latest News

 

California Suspended 'Copyright Troll' Malibu Media's Corporate Status
Ernesto Van der Sar, 30 Mar 10:14 PM

taxJust two years ago, Malibu Media was one of the most active 'copyright trolls' in the United States.

The Los Angeles-based company behind the 'X-Art' adult movies filed thousands of lawsuits targeting Internet subscribers whose accounts were allegedly used to share Malibu's films via BitTorrent.

Then, seemingly out of nowhere, the lawsuits stopped. For more than a year there haven't been any new John Doe complaints. In fact, the only notable case dates back to January 2020, when Malibu's former law firm sued the company over breach of contract and unpaid bills.

This doesn't mean that all outstanding "John Doe" cases have been resolved. At the time of writing, there are a few still pending. This includes one where Malibu Media has to defend itself against a counterclaim of abuse of process, among other things.

Malibu Media Suspended over Tax Troubles

In a recent filing, this case brought an interesting finding to the forefront. As it turns out, the California Secretary of State has suspended Malibu Media LLC's corporate status because the company failed to meet its tax obligations.

Malibu suspended

The "John Doe" sees the suspension as a problem because, under California law, a suspended company may not prosecute or defend a legal action. That could spell trouble for the ongoing case.

Adding Malibu's CEO to the Countersuit

To fix this issue, John Doe now asks the court if he can add Malibu Media CEO Colette Pelissier as a counter-defendant. This allows the case to be resolved, even if Malibu can't defend itself. That is important, as Doe hopes to make the company or its CEO pay for his attorney's fees and damages.

"Not only does Doe have a right to add a defense and counterclaim allegations based on his recent discovery about Malibu, but he also should have a chance to protect his request for attorney's fees and damages if Malibu goes defunct.

"Joining Pelissier affords this. She has always pulled the company's strings including in this dispute, making her a proper counterclaim defendant even at this stage," the Doe adds.

Assets Being Transferred?

The accused file-sharer isn't convinced that Malibu Media is able to resolve the suspension. In fact, he questions whether the company is preparing to transfer its intellectual property and other assets to then go bankrupt.

This week, Malibu Media responded in court. The company notes that its suspension is not much of an issue, accusing John Doe of wasting the court's time.

"In essence, Defendant is using a small, technical irregularity to attempt another bite at the abuse of process apple, to multiply the proceedings unnecessarily," the company writes.

'Inadvertently Missed Payment'

Malibu admits that it "inadvertently" missed a California Franchise Tax Board payment. However, the company stresses that this can be resolved, after which the case should be able to continue as usual.

"A suspended corporation can revive itself […] by simply paying its back taxes and filing the appropriate paperwork. Further, once a corporation has been revived, its tax delinquencies, upon correction, are viewed as mere irregularities," the company writes.

Interestingly, Malibu Media doesn't mention whether it's actively resolving these tax issues. At the moment, it also remains unclear when the company's corporate status was suspended. According to OpenCorporates this happened somewhere between July last year and January 2021.

In any case, Malibu Media's CEO is no stranger to this type of suspension. One of her other companies, Colette Productions, has been suspended in California over tax troubles since 2019. In addition, Colette Holdings and Colette Properties were suspended by the California Secretary of State.

Meanwhile, a new corporation named Malibu Media Holdings LLC has become active in Nevada, listing Pelissier as the director.

A copy of John Doe's request to add Colette Pelissier to the countersuit is available here (pdf) and Malibu Media's opposition can be found here (pdf)

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

SEGA Lawyers Demand "Immediate Suspension" of Steam Database Over Alleged Piracy
Andy Maxwell, 30 Mar 10:44 AM

SEGAWith millions of visitors every month, Steam Database (SteamDB) has established itself as a formidable resource for gaming fans.

The third-party service's aim is to promote Steam by providing insight into the gaming platform and the masses of data made available via its official APIs. SteamDB's front page provides data on Steam's most-played games, displays real-time player stats, plus lists of trending games, popular releases, and other data. The site also embeds direct links for people to buy titles legally.

As of yesterday, however, the entire platform was at risk of being taken offline following errors by one of the best-known brands in gaming.

SEGA Believes Steam Database is a Pirate Site

Yesterday afternoon, SteamDB creator Pavel Djundik took to Twitter with an appeal, asking if someone was able to get in touch with SEGA over a pressing matter. SEGA had apparently identified SteamDB as a pirate site illegally distributing its game Yakuza: Like a Dragon and had issued DMCA notices to have the game taken down.

Of course, SteamDB was not hosting or linking to pirate copies of SEGA's game but the situation was already reaching crisis point.

Initial Complaint Sent to Cloudflare

To find out more about the situation, TorrentFreak spoke with Djundik who informs us that SEGA sent a copyright complaint to Cloudflare on March 12, 2021, which eventually made its way to SteamDB, via its host, on March 19, 2021.

"We replied to the e-mail address that sent it to Cloudflare asking for clarification [..] and explained that SteamDB doesn't actually sell or provide any game downloads. Apparently they ignored said e-mail because today we got a longer and more serious DMCA notice that went out to our host directly," Djundik says.

The Allegedly-Infringing SteamDB PageYakuza SteamDB

Since SteamDB could not comply with the original notice and SEGA wasn't registering that fact (or the fact that SteamDB had already responded) SEGA then turned up the pressure with a more strongly worded letter, this time to SteamDB's hosting provider.

Letter to SteamDB's Host Gets Serious

TorrentFreak was able to review the notice sent by SEGA to SteamDB's host and it pulls no punches. SEGA doubles down by stating that SteamDB is illegally distributing the game Yakuza: Like a Dragon, noting that it has tried to inform SteamDB but was "not able" to resolve the issue.

Worryingly, it then implies that legal action might be taken against SteamDB for non-compliance, adding that the host should "immediately suspend" SteamDB due to the alleged ongoing infringement. Which, of course, is not taking place.

This puts SteamDB's host in a tough position. Failure to act against an allegedly infringing customer can put the host at risk in terms of liability but disabling a customer's website can cause a whole new set of problems, especially when that customer has not infringed anyone's rights.

In an effort to sort the problem out, SteamDB's host asked for additional input from the operators of SteamDB but nevertheless warned that if that information was not received, it may still block the SteamDB server within 24 hours, as demanded in the SEGA takedown notice.

SteamDB Takes Down The Non-Infringing Page

In order to defuse the situation, SteamDB took down the allegedly-infringing page which as far as SEGA goes (and at least in theory) should solve the disconnection threat problem. However, the entire situation has proven counterproductive for SEGA too.

Not only have they wasted time with baseless legal threats but the Yakuza: Like a Dragon page on SteamDB now looks like this.

Yakuza Gone

This is unfortunate for the gaming company. SteamDB attracts millions of gamers every month, a proportion of which will be looking to spend their hard-earned cash on games they find in SteamDB's indexes. Indeed, every game page on SteamDB offers official links to buy games from Steam but in the case of Yakuza: Like a Dragon, they have now been removed.

SteamDB Wants To Solve The Issue But Humans Aren't Responding

"We're not looking to drag Sega through the mud, just trying to clear up the situation with an actual human," Djundik informs TF.

"As for further steps, aside from trying to get in contact with someone at Sega, we're not in a position to do anything. We're a hobby project run by two people in their spare time and don't have any resources/energy/time to fight or even argue about this."

Efforts to contact SEGA have proven fruitless but hopefully the company will eventually notice its mistake and withdraw its demands for SteamDB to be taken offline. At that point, SteamDB will likely reinstate the Yakuza: Like a Dragon page, which will be of great benefit to all involved, gamers and SEGA especially.

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

 
 
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