Wednesday, March 17, 2021

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ISP Wrongfully Handed Customer Data to Pirate-Chasing Law Firm
Andy Maxwell, 16 Mar 06:48 PM

copyright trollSo-called copyright-trolling is big business, particularly in the United States and Europe. After trawling BitTorrent swarms for IP addresses allegeldy connected to the unlawful sharing of movies and TV shows, rightsholders move to identify the subscribers behind them.

The purpose is to extract a cash settlement from the alleged wrongdoers but that can only be achieved after obtaining their real identities. That requires a court order compelling ISPs to hand over their subscribers' personal data so that law firms can contact them by mail, suggesting that a lawsuit can be avoided if a sum of money is handed over.

Sweden's Copyright Troll Problem

In 2020, law firms acting for these so-called copyright trolls obtained permission to force Swedish ISPs to hand over the personal details of subscribers behind 46,200 IP addresses.

The vast majority of these, according to data compiled by Swedish ISP Bahnhof (which has never handed over customer information), were actioned by ISP Telia, which handed over the personal details behind 34,189 IP addresses in 2020 alone.

However, according to an investigation carried out by Swedish news publication DN.se (paywall), Telia also handed over subscriber information when it was told it should not.

Telia Exposes 55 Customers to Piracy Allegations

When rightsholders want to access ISP subscriber information in Sweden they file an action at the Patent and Market Court. After assessing the submissions, the Court almost always gives its approval to a discovery process, which requires ISPs to hand over names and addresses behind the supplied IP addresses.

On February 4, 2020, Telia was ordered to disclose the personal information of some customers but in other cases the Court decided against disclosure, meaning that Telia was not allowed to hand over the information requested in the applications.

In the event, Telia failed to follow the instructions of the Court and handed over the personal details of 55 subscribers to law firm Next Advokater regardless.

Law Firm Refuses To Discuss What Happened Next

Telia has admitted that it handed over the restricted information to the law firm but what happened next is unclear. Next Advokater refused to inform DN whether the 55 Telia customers were sent a settlement letter or not. The law firm also declined to confirm whether any settlements were paid in response to any letters.

Precisely why Telia disclosed the subscriber details to the law firm contrary to the Court's instructions is unclear but at the moment it is being described as a mistake, one that the company is taking very seriously. Telia's assessment indicates that the risk of negative consequences for its subscribers is high. It has contacted the affected subscribers and offered its apologies.

Action By Telia To Prevent Similar Errors

Moving forward, Telia says it is reviewing its systems to prevent the same error from being made in the future but the question remains whether the ISP will be punished for the security breach.

Handing over private subscriber information to a party that has already been denied access to information is a serious matter, particularly when a court is behind the non-disclosure order. Add to that the intentions of the law firm, including applying maximum pressure to pay a settlement or even to sue, then the distress caused to Telia's customers could be significant.

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

Sports Industry Can Earn Billions by Selectively Converting 'Willing' Pirates
Ernesto Van der Sar, 16 Mar 11:14 AM

ball oldPiracy presents a major challenge for copyright holders across different sectors, including the sports industry.

While it's easy to condemn piracy in its entirety, this may not be the best approach. Most pirates are legitimate customers too. In fact, they are often the biggest fans.

Converting Pirates

In recent years this realization has triggered a shift in perception. Instead of treating all pirates alike, it may be more sensible to look at their underlying motivations to access content illegally. That can help to find out if there are opportunities to convert some pirates into paying customers.

This thinking is also reflected in a new research report published by Synamedia. Through an extensive survey of over 6,000 respondents in ten countries, the company identifies different types of pirates, including those who are more likely to pay for legal services.

The overall conclusion is that with the right approach, the sports industry could potentially generate an additional $28 billion in annual revenue. While this is an estimate that depends on the most ideal scenario, the research makes some excellent points.

Ignoring Hardcore Pirates

Instead of simply counting the potential revenue all pirates could bring in, Synamedia ignores the hardcore pirates. This represents roughly a quarter of all illegal viewers, those who won't consider switching to legal services.

"We ignore the quarter of illegal viewers who will never pay for content — those that are only casually interested in sports, lack the means to pay, or those who are die-hard rebels. There is little point in measuring 'lost revenue' that could never have existed in the first place," the report reads.

"This leaves a significant cohort of fans, 74% of all viewers of illegal sports services, as members of the 'converter cohort' —those consumers potentially willing to convert if they can access a legitimate alternative to the pirate services, and if industry action renders their illegal streams unreliable or unavailable."

Demographics and Demands

Instead of targeting all pirates at once, rightsholders should tailor their strategies to the group of potential converts. The research found that these tend to be younger and watch a wide range of sports using various connected devices.

Demograhphics of the Converts Group

convert group

By carefully analyzing the demands of these potential converts, broadcasters could more easily convert them. For example, this 'hyperconnected' group tends to watch more content on devices away from the regular TV screen, a feature broadcasters should support.

"These hyperconnected fans are over-represented in the converter cohort," the report reads. "This highlights the crucial need for operators to offer apps and 'TV Everywhere' access to ensure sports fans can watch on every screen, including when they are traveling away from home."

Similarly, the potential converts are also more likely to be interested in niche sports. This means that broadcasters and platforms should offer a broad range of sports, instead of just focusing on what's most popular.

Tailored Anti-Piract Measures

In addition to looking at the features pirates are after, the sports industry can also focus on the regions where they stand to benefit the most. For example, Asia Pacific and North America together are already good for more than half of the conversion potential.

Finally, rightsholders can also tailor their anti-piracy measures to the 'converts' group. Among other things, the research found that these people are more concerned with unreliable or poor quality streams. So, cutting off illegal streams mid-game may be a good strategy.

Pirates are An Opportunity

The overall conclusion of the study is that pirates should be seen as an opportunity rather than a threat. This means that superior and affordable legal options combined with selective anti-piracy measures should work best.

"The hardcore unconvertible pirates should not be ignored, but focusing on the lucrative converter cohort makes far more business sense for the industry. And any deterrent initiatives aimed at nudging converters in the right direction will also help disrupt access for those with no intention of paying legitimate providers.

"The biggest consumers of illegal content are the most avid sports fans. Rights holders benefit from better engagement with their biggest fans when they're serving up high-quality legitimate content," the report adds.

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

 
 
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