Monday, May 31, 2021

TorrentFreak's Latest News

 

Watch Tower & BMG Quietly Settle Christmas Album Copyright Lawsuit
Andy Maxwell, 31 May 10:01 PM

prayThe Watch Tower Bible and Tract Society is the supervising body and publisher for the Jehovah's Witness religious group. As such, it is building quite a reputation for targeting those that infringe its copyrights.

Watch Tower's targets are often smaller players who publish its songs and videos on platforms such as YouTube and Facebook without permission, sometimes when the stated aim is criticism or parody. However, last December the powerful organization took on a more heavyweight adversary.

Target: Music Publishing Giant BMG

Music publisher BMG is also well known for its litigious nature, having aggressively pursued ISP Cox Communications through the legal system after the ISP allegedly failed to disconnect so-called repeat infringers. That matter ended with Cox paying an undisclosed but substantial settlement to BMG.

Last December, however, the hunter became the hunted after BMG took the decision to release a Christmas album featuring Welsh singer Aled Jones. The album (titled "Blessings") aimed to be religiously inclusive by bundling songs associated with Christians, Catholics, Muslims, Buddhists, Quakers and Jehovah's Witnesses into one package. Unfortunately for BMG, Watch Tower didn't appreciate being included.

The problem was the addition of the song "Listen, Obey and Be Blessed" and it wasn't particularly difficult to see why. Jehovah's Witnesses do not celebrate Christmas and don't allow their copyrighted works to be exploited commercially. They also reject all other religions, quite the problem in an all-inclusive religious Christmas album that they played no part in.

Watch Tower subsequently filed a copyright infringement lawsuit in a New York district court, noting that they had contacted Aled Jones' manager to say no permission had been granted to use the song. BMG UK said that it had been given permission to use the song by German rights society GEMA, itself known for copyright infringement lawsuits.

But Watch Tower rejected any use of its song, demanded an injunction, and sought statutory damages for BMG's infringement.

This Battle Won't Take Place in Court

After being filed on December 22, 2020, the lawsuit proceeded largely as expected but then, on January 19, 2021 – the date by which BMG was required to enter a response – the publisher wrote to the Court seeking more time.

"The parties are engaged in ongoing good-faith settlement discussions, and extending the deadline to respond to the Complaint will allow the parties to focus on settlement efforts," BMG wrote.

"BMG makes this request without waiver of and specifically preserving BMG's right to assert any and all defenses in this matter, including but not limited to lack of personal jurisdiction and other jurisdictional defenses."

The next day the Court granted an extension but in March BMG was back again, asking for more time, a request that was repeated again in April. The Court granted another 30 days on April 21 but told the parties there would be no more extensions. Right on the button, on May 20, 2021, the parties informed the Court that a settlement had been reached.

"We write to inform the Court that the parties have entered into a confidential settlement agreement resolving the claims set forth in the Complaint," the letter reads.

"In light of the parties' settlement, Defendants would like to avoid the cost associated with responding to the Complaint, and request (with the consent of counsel for Plaintiff) that no default be entered prior to June 4, 2021."

With no answer to the complaint set to be presented to the court, it's impossible to know how BMG would've structured its defense but with a settlement having been reached, the matter is already over. That was finally confirmed last week when Watch Tower filed a notice of voluntary dismissal with the Court.

"Please take notice that, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Watch Tower Bible and Tract Society of Pennsylvania hereby voluntarily dismisses this action against all Defendants with prejudice," the notice reads.

The argument in the case could have proven of interest to observers but perhaps wisely, both parties have agreed to settle their differences in private. There are, however, some public signs of concession by BMG.

The song "Listen, Obey and Be Blessed" has now been removed from the digital download version of the album available on Amazon, reducing the available tracks from 14 to 13. How one also makes right any offense caused to a religion's standards is unclear but since Watch Tower previously demanded damages, money may also be part of the deal.

The settlement letter and notice of voluntary dismissal can be found here and here (pdf)

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

The Pirate Bay Remains Resilient, 15 Years After The Raid
Ernesto Van der Sar, 31 May 02:53 PM

There are a handful of traditions we have at TorrentFreak, and remembering the first raid on The Pirate Bay is one of them.

Not only was it the first major story we covered, it also had a significant impact on how the piracy ecosystem evolved over the years. It also changed the lives of the site's co-founders, who were eventually convicted.

While a lot has changed over the years, The Pirate Bay is still around and there are no signs that this will change anytime soon. What many people may not realize, however, is that without a few essential keystrokes in the site's early years, the site would be a distant memory today.

This is what happened.

May 31, 2006, less than three years after The Pirate Bay was founded, 65 Swedish police officers entered a datacenter in Stockholm. The Swedish police had instructions to shut down the Pirate Bay's servers as part of a criminal probe, following pressure from the US Government.

As the police were about to enter the datacenter, Pirate Bay co-founders Gottfrid Svartholm and Fredrik Neij knew that something wasn't quite right. In the months prior, both men noticed they were being tailed by private investigators, but this time their servers were the target.

At around 10:00 in the morning, Gottfrid told Fredrik that there were police officers at their office. He asked his colleague to get down to the co-location facility and get rid of the 'incriminating evidence' although none of it – whatever it was – was related to The Pirate Bay.

A Crucial Backup

As Fredrik was leaving, he suddenly realized that the problems might be linked to their torrent tracker. Just in case, he decided to make a full backup of the site.

When he later arrived at the co-location facility, those concerns turned out to be justified. There were dozens of police officers floating around taking away dozens of servers, most of which belonged to clients unrelated to The Pirate Bay.

Footage from The Pirate Bay raid

In the days that followed, it became clear that Fredrik's decision to create a backup of the site was probably the most pivotal moment in the site's history. Because of this backup, Fredrik and the rest of the Pirate Bay team managed to resurrect the site within three days.

"The Police Bay"

Of course, the entire situation was handled with the mockery TPB had become known for.

Unimpressed, the site's operators renamed the site "The Police Bay", complete with a new logo shooting cannonballs at Hollywood. A few days later this logo was replaced by a Phoenix, a reference to the site rising from its digital ashes.

Logos after the raid
tpb classic

Instead of shutting it down, the raid propelled The Pirate Bay into the mainstream press, not least due to its swift resurrection. The publicity also triggered a huge traffic spike for TPB, exactly the opposite effect Hollywood had hoped for.

The US Pushed Sweden

Although the raid and the subsequent criminal investigation were carried out in Sweden, the US Government played a major role behind the scenes. For many years the scale of that involvement was unknown. However, information obtained through a Freedom of Information Act request in 2017 helped to fill in some blanks.

The trail started with a cable sent from the US Embassy in Sweden to Washington in November 2005, roughly six months before the Pirate Bay raid. The Embassy wrote that Hollywood's MPA met with US Ambassador Bivins and, separately, with the Swedish State Secretary of Justice. The Pirate Bay was one of the top agenda items.

"The MPA is particularly concerned about PirateBay, the world's largest Torrent file-sharing tracker. According to the MPA and based on Embassy's follow-up discussions, the Justice Ministry is very interested in a constructive dialogue with the US. on these concerns," the cable read.

From the US Embassy Cable
FOIA TPB

The Embassy explained that Hollywood would like Sweden to take action against a big player such as The Pirate Bay.

"We have yet to see a 'big fish' tried – something the MPA badly wants to see, particularly in light of the fact that Sweden hosts the largest Bit Torrent file-sharing tracker in the world, 'Pirate-Bay', which openly flaunts IPR," the cable writer commented.

Fast forward half a year and indeed, 65 police officers were ready to take The Pirate Bay's servers offline. While there is no written evidence that the US officials were actively involved in planning the investigation or raid, indirectly they played a major role.

TPB Takedown Award

This is also backed up by further evidence. In a cable sent in April 2007, the Embassy nominated one of its employees, whose name is redacted, for the State Department's Foreign Service National (FSN) of the year award. Again, The Pirate Bay case was cited.

"REDACTED skillful outreach directly led to a bold decision by Swedish law enforcement authorities to raid Pirate Bay and shut it down. This was recognized as a major achievement in Washington in furthering U.S. efforts to combat Internet piracy worldwide."

We don't know if the employee in question received his or her award. In hindsight, however, the raid did very little to deter piracy.

The Aftermath

The swift and deviant comeback turned the site's founders into heroes for many. The site made headline news around the world and in Stockholm, people were waving pirate flags in the streets, a sentiment that benefited the newly founded Pirate Party as well.

The raid eventually resulted in negative consequences for the site's founders. It was the start of a criminal investigation, which led to a trial, and prison sentences for several of the site's key players.

This became another turning point. Many of the people who were involved from the early days decided to cut their ties with the site, which was handed over to a more anonymous group.

The outspokenness of the early years is gone today and it's a mystery who currently pulls the strings. What we do know is that The Pirate Bay is still seen as a piracy icon by many. And the current operator will probably do everything he can to keep the site online, just like on May 31, 2006.

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

DMCA Notice Targets TorrentFreak, Netflix, and Reddit's Wikipedia Pages
Ernesto Van der Sar, 31 May 09:04 AM

wikipedia eraseOver the past several years, copyright holders have asked Google to remove billions of links to allegedly pirated content.

Most of these DMCA notices are pretty accurate. However, we keep stumbling on glaring errors, which are often hard to explain.

The Score Group Misses

Today we have another example. Late last month, adult entertainment distributor The Score Group sent Google a takedown notice identifying more than 300 copyright infringing URLs.

A quick glance at the request indeed shows that the notice includes several problematic links. However, it also lists more than two dozen Wikipedia pages. This includes the Wikipedia entries of well-known pirate brands such as YIFY, BTDigg, and KickassTorrents.

These Wikipedia pages don't list or link to any infringing material. They clearly shouldn't be removed but, in a way, it's understandable since these URLs were probably caught up in an automated keyword filter.

wikipedia takedowns

Unfortunately, however, it doesn't stop there. For reasons unknown, the list of 'copyright infringing' Wikipedia entries also includes TorrentFreak and other news sites such as The Verge and The Financial Times. The same is true for the movie review sites IMDb and Rotten Tomatoes.

Targeting Wikipedia's Wikipedia Entry…

And it goes on. The Wikipedia entries for Domino's Pizza and Project Gutenberg were also marked, and just when we thought we'd seen it all, we spotted the Wikipedia entry for Wikipedia itself.

It remains a mystery how these links ended up in the takedown notice. None of these sites or their Wikipedia entries have a clear connection to the adult entertainment company and they are perfectly legal.

Good and Bad News

The good news is that Google spotted all of these errors. This means that the links haven't been removed from its search results.

The same is true for the IMDb pages for "Iron Man 2," "Elmo's World: Reach for the Sky," and "Ernest Scared Stupid" which The Score Group tried to take offline with a separate DMCA notice. The company even went after the American Bar Association, which should be able to confirm that this isn't how the DMCA law is supposed to work.

It is worth keeping an eye on these types of mistakes. While Google is great at spotting overbroad takedown notices, it occasionally misses some as well, which results in perfectly legal URLs being removed.

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

Top 10 Most Pirated Movies of The Week – 05/31/2021
Ernesto Van der Sar, 31 May 12:30 AM

wrathThe 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. "Wrath of Man" is the most downloaded title.

The most torrented movies for the week ending on May 31 are:

Movie Rank Rank last week Movie name IMDb Rating / Trailer
Most downloaded movies via torrent sites
1 (…) Wrath of Man 7.3 / trailer
2 (…) Cruella 7.5 / trailer
3 (1) Army Of The Dead 6.0 / trailer
4 (3) Mortal Kombat 6.4 / trailer
5 (…) The Unholy 5.0 / trailer
6 (4) Godzilla vs. Kong 6.7 / trailer
7 (6) Zack Snyder's Justice League 8.4 / trailer
8 (2) Those Who Wish Me Dead 6.1 / trailer
9 (5) Nobody 7.5 / trailer
10 (7) Tom Clancy's Without Remorse 5.8 / 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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