Friday, September 10, 2021

TorrentFreak's Latest News

 

Hosting Company Quadranet Asks Court to Dismiss 'VPN Piracy' Lawsuit
Ernesto Van der Sar, 10 Sep 07:26 PM

pirate-flagA group of independent film companies has taken the piracy liability issue to a new level this year.

After targeting site owners and individual pirates, the makers of films such as "Hunter Killer", "I Feel Pretty" and "Shock and Awe" started going after VPN providers. And they didn't stop there either.

Over the past few months, several hosting companies have been sued as well. The movie companies argue that hosting services can be held liable because they offer their services to VPN providers which, in turn, have pirates among their customers.

According to the movie companies, the hosting services should have terminated their agreements with these VPN companies after repeated copyright infringement warnings. However, the hosting companies see themselves as neutral service providers, not the Internet police.

Quadranet Responds to Piracy Allgetions

A few days ago, Californian hosting company Quadranet replied to the allegations in court. According to the company, the filmmakers' complaint is a shotgun pleading, and it should be dismissed for that reason alone.

However, Quadranet also believes that the copyright infringement claims fail. The company leased servers to LiquidVPN and did indeed receive copyright infringement notices, which it forwarded to the VPN service. That should be sufficient.

Null-Routing Goes Too Far

The filmmakers suggested that the hosting company should have 'null-routed' the offending IP-addresses or terminated its service to LiquidVPN, but that goes too far for Quadranet.

"LiquidVPN is not a direct infringer. The only alleged direct infringers are some small portion of LiquidVPN's customer base, who apparently utilized LiquidVPN to access BitTorrent software.

"Quadranet had no right to interfere in the relationship between LiquidVPN and its customers, effectively pulling the plug on all of LiquidVPN customers," the hosting company notes.

At Least Two Steps Removed

The hosting company stresses that it's at least two steps removed from any 'involvement' in the alleged copyright infringements. Quadranet believes it was dragged into the case for tactical leverage only, not because there's a valid copyright infringement claim.

While some LiquidVPN customers may have shared pirated content, that doesn't mean that a hosting company, whivh doesn't even know who these customers are, should be held liable.

"Under the law, the act of simply leasing computer servers is not 'substantial' enough to be considered a 'material contribution' to the infringement, much like credit card companies are not liable when they merely process credit card payments to provide access to infringing websites," the company argues.

0.00001% of All Revenue

The accusation that the hosting provider directly benefited from the infringing activities is refuted as well. Not only does LiquidVPN have many legitimate customers, but the associated revenue was also just a fraction of Quadranet's income.

"Plaintiffs cannot seriously suggest otherwise, especially given that revenue from leasing servers to LiquidVPN, for example, accounted for less than 0.00001% of Quadranet's revenue during the relevant lease period."

Based on these and a variety of other arguments, the hosting provider asked the Florida federal court to dismiss the complaint.

Shortly after the legal paperwork was posted, the court scheduled a mediation hearing, which will take place in April next year. This indicates that the came may eventually be settled in some form or another.

A copy of Quadranet's motion to dismiss can be found here (pdf). The documents use QI and QE to refer to different Quadranet entities, we changed these to "Quadranet" in the citations above for the sake of readability

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

Former Student Sentenced For Selling Pirated Social Worker Textbooks
Andy Maxwell, 10 Sep 10:14 AM

ebook readerWhile millions of people have no qualms about downloading music, movies and TV shows for free, there are also large numbers of students who feel completely justified in obtaining textbooks without paying for them.

With often extortionate pricing and a requirement to obtain the latest but only slightly modified versions of books to complete their courses, some students believe that textbook publishers fail to act in their bests interests. As a result, many turn to free or cheaper sources and there is no shortage of people prepared to help them with that.

Unfortunately for the suppliers, that doesn't always go to plan.

Former Student Tracked Down By Anti-Piracy Group

Last week, Rights Alliance reported on the case of a former student in her late 20s. According to the Danish anti-piracy group, the woman had been selling pirated copies of eBooks on a number of online platforms without obtaining permission from copyright holders.

The woman is a former student in the social worker program at the Via University College in Aarhus and between January 2018 and April 2020, she reportedly sold digital copies of syllabus books she used in her social worker education. When compared to the level of offending on pirate sites, the woman's crimes were relatively small – 38 different textbooks were sold in 110 transactions – but that was enough for Rights Alliance to make a criminal referral.

State Prosecutor for Serious Economic Crime

In the fall of 2019, Rights Alliance referred their investigation to the State Prosecutor for Serious Economic Crime (SØIK), providing evidence of the woman's "systematic offering and sale" of pirated digital books. SØIK determined that there was a case to answer and on September 2, 2021, there was a court hearing where the woman's guilty plea was heard.

During a hearing yesterday, the court in Aarhus convicted the former student for violating the Copyright Act. She was sentenced to 20 days probation and the court determined that the amount she turned over due to the sales of the books (DKK 9,383 / US$1,494) should be confiscated.

"In short, copying e-books is illegal if you do not own the rights to them. It is an aggravating factor that a significant number of sales have taken place and that this happened over a long period of time," says prosecutor Simone Jeppesen.

"The convict has now received a punishment for violating copyright law, and thus has a stain on her criminal record. A relationship that may matter to her for many years to come. Therefore, it is important to understand that even though it is easy to do so, it is a criminal offense to copy e-books without the permission of the author."

A release from the court notes that SØIK, on ​​behalf of the members of the Rights Alliance, submitted a claim for compensation of DKK 10,000 (US$1,592), which the woman must now pay in compensation.

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

 
 
Powered by Mad Mimi®A GoDaddy® company

No comments: