Thursday, May 20, 2021

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When Aussies Face a Blocked Pirate Site, 59% Simply Give Up & Don't Try Legal Options
Andy Maxwell, 20 May 09:56 PM

blockAfter years of work and changes to the law, in 2016 an Australian court agreed to order the blocking of several pirate sites headed up by the infamous The Pirate Bay.

Since then, movie companies including Roadshow Films, Foxtel, Disney, Paramount, Columbia, and 20th Century Fox have returned to court many times to have more and more sites blocked. The strategy is also being deployed by the music industry, targeting regular streaming and download platforms as well as stream-ripping portals.

There has always been a question mark over how consumers will respond to blocking. The entertainment industries believe that it can only lead to more sales but hardcore pirates are less convinced. A new survey published by the Australian government now sheds a little more light on what happens when people are presented with "access denied" messages.

2020 Consumer Copyright Infringement Survey

Since 2015, the Australian Government Department of Infrastructure, Transport, Regional Development and Communications has commissioned annual surveys into users' Internet activities. This includes the consumption of music, movies and TV shows, video games, and more recently, live sport. The latest Consumer Copyright Infringement Survey 2020 also provides detail on what happens when blocks are encountered.

The survey covers the habits of 2,421 Australian Internet users (aged 12+) in the three months preceding June 2020. During the period, the vast majority (76%) reported that no blocked sites had been encountered while 12% were unsure. The remaining 12% said that they had indeed faced ISP blocks and responded in various ways.

Responses to Facing an ISP Block of a Pirate Site

Interestingly, 59% said that rather than take any other action, they simply gave up trying to access the site/content they were looking for. Just over one in five (21%) said they sought alternative lawful access to content while 6% and 2% admitted to looking for free and paid pirate content respectively. Around 12% admitted to taking action to bypass the blockade.

However, when seeking to evade a website block, 47% of bypass-inclined users said they turned to VPNs, with just over a third (34%) turning to a proxy website. Just over a quarter (27%) said they utilized a search engine to find an alternative site, with 14% changing the network proxy in their browsers. The responses add up to more than 100% since some users utilized multiple techniques.

Those who had not faced a block in the previous three months were asked what they would do if they encountered one. A significant number (71%) said they would simply give up and 20% reported they would seek lawful access. Just 7% said they would attempt to bypass the block, with the majority (53%) suggesting search engines as a solution and 31% indicating they would use a VPN.

When comparing those who had sourced unlawful content in the previous three months to those who hadn't, infringers were more likely than non-infringers to have encountered a block (21% versus 8%). However, infringers were much less likely to give up than their non-pirating counterparts (47% versus 71%). Interestingly, pirates were much less likely to turn to search engines to find alternatives to bypass blockades (44%) versus 68% of non-infringers.

50% of Aussies Know What a VPN Service Can Do

That half of all respondents are aware of VPNs is interesting in itself but the finding that almost a quarter (23%) have actively used one is perhaps more so. Overall, however, just 12% of respondents said they were currently using a VPN but the majority were not using them for infringing purposes.

Almost half (48%) said they were using a VPN to add security to their communications and Internet browsing. Over a third (37%) said they were using them for work. Given the numbers, however, it's clear that many users have multiple uses for their VPN.

More than a quarter (27%) said they use VPNs to access content from other countries that is unavailable in Australia or otherwise geo-blocked. A similar number (26%) said they use their VPN to access content for free while just under one in ten (9%) said they utilize one to gain access to content for a reasonable price.

Again, there are differences between consumers who pirate content and those who don't. Those who had obtained content unlawfully in the previous three months (infringers) were more likely to have ever used a VPN service (40% versus 22%) and more likely to be using a VPN service now (20% versus 11%).

That more people overall are using VPNs to access paid legal content from overseas (or to obtain content at fairer prices) than pirating is a reasonably clear signal to entertainment companies that problems still exist and need to be addressed.

Indeed, if this gap in supply had been addressed earlier, it's certainly possible that much less than half of all respondents would have been aware of VPNs in the first place and might not be using them today in other scenarios, including bypassing pirate site blockades.

Published by the Australian government, the full report can be found here

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

Member of Busted Scene Piracy Group SPARKS Avoids Prison Sentence
Ernesto Van der Sar, 20 May 09:21 AM

Pirate FireFor several decades, The Scene has been the main source of all pirated content made available on the Internet.

Technically, release groups operate in a closed ecosystem, but the reality is different. The vast majority of the files published on private Scene servers eventually find their way to public pirate sites.

Feds Bust SPARKS Group

The secretive nature of the Scene has been a major challenge for law enforcement but last summer the US Department of Justice had a major breakthrough. Following a thorough investigation, three members of the illustrious SPARKS group were indicted.

One of the defendants, Kansas resident Jonatan Correa (aka 'Raid'), immediately confessed. In January he pleaded guilty to conspiracy to commit copyright infringement, a serious crime punishable by up to five years imprisonment and a hefty fine.

No Prison Sentence

Yesterday, Correa received his sentence from a federal court in New York. After reviewing the positions of the prosecution and defense, US District Court Judge Richard M. Berman sentenced the former Scene member to time served and 27 months of supervised release.

Initially, Judge Berman proposed a three-month prison sentence followed by two years of supervised release. However, defense lawyer David Wikstrom tabled a proposal for Correa to serve the first three months in a Community Confinement facility instead.

The fact that Correa owns a business that employs dozens of people was the main reason for the defense to request detainment in a Community Confinement facility. This will allow the former Scene member to continue working while being in custody.

Judge Berman further noted that the purpose of the supervised release it to integrate Mr. Correa back into society. If it is shown that this goes well, the court is happy to grant an early termination.

Substantially Lower Sentence

The sentence is substantially lower than the maximum 18 months in prison prescribed by the guidelines, but that doesn't come as a surprise. Previously, the U.S. probation service advised a six-month prison sentence and the prosecution was also in favor of relatively mild punishment.

U.S. Attorney Strauss previously asked the court for a lower sentence because Correa didn't join the Scene for financial gain and because his role in the SPARKS group was relatively small.

"The Government believes that the defendant is substantially less culpable than the leaders of the Sparks Group who had more insight into the inner workings of the organization and oversaw its operations on a day-to-day basis," Strauss wrote.

Correa's own attorney also stressed the lack of a financial incentive and asked the court to forego a prison sentence entirely.

"[H]e didn't do it for the money. This was his hobby, his compulsion. He worked all day, spent time at home in the evenings with his wife, and then after she went to bed, spent hours in front of the computer competing to be the fastest to upload a copy of a DVD to an FTP server," the defense argued.

$54,000 Restitution

In addition to the supervised release sentence, Correa was also ordered to pay $54,000 to the Motion Picture Association. This is the damages amount that was attributed to his role in the SPARKS conspiracy.

During the proceeding, defense attorney Wistrom told the court that he has the full amount in escrow, adding that it would be paid immediately after the hearing.

Yesterday's sentencing effectively closes this case. Two other defendants, George Bridi from Great Britain and Norway resident Umar Ahmad, have yet to appear in a US court. According to the US prosecution, their roles were more substantial, which would likely result in harsher sentences if they are found guilty.

Based on the information we have available, Bridi has yet to be extradited from Cyprus where he was previously detained while Ahmad is still at large.

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

 
 
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