Thursday, September 23, 2021

TorrentFreak's Latest News

 

Wow! Asks Court to Dismiss Filmmakers' Piracy Liability Lawsuit
Ernesto Van der Sar, 23 Sep 10:30 PM

pirate-flagOver the past two decades, online piracy has proven a massive challenge for the entertainment industries.

Some copyright holders have tried to go after individual pirates in court but, increasingly, third-party intermediaries are targeted as well.

There are several lawsuits pending in US Courts, where rightsholders accused Internet providers of not doing enough to stop piracy. One of the main allegations is that ISPs fail to terminate accounts of repeat infringers in 'appropriate circumstances', as is required under the DMCA.

These lawsuits were pioneered by music companies, which had some success on this front, including a $1 billion verdict against Cox. More recently, however, a group of filmmakers adopted a similar strategy. These companies have already sued several Internet providers, including Wow!.

Filmmakers sue WoW!

Wow! is being sued by a group of smaller movie companies, including Millennium Media and Voltage Pictures, which have built up an impressive anti-piracy track record in recent years. They've gone after individual pirates and targeted various pirate sites, including torrent index YTS.

The filmmakers now accuse the ISP of failing to terminate the accounts of subscribers who were repeatedly accused of sharing copyrighted material. As such, they hold Wow! liable for these pirating activities, which could lead to millions of dollars in damages.

Wow! clearly disagrees with these accusations. In a motion to dismiss submitted this week, the ISP refutes the claim that it's directly, contributorily, or even vicariously liable for subscribers' alleged copyright infringements.

Motion to Dismiss

According to Wow! the evidence provided by the movie companies' anti-piracy partner Maverickeye fails to prove any direct infringements. An IP address is not sufficient to prove that subscribers downloaded any infringing material, the ISP claims, pointing to the 'Cobbler' case.

In addition, the secondary liability claims fail too, as the filmmakers can't show that Wow! benefited financially from the pirating activity. Wow! charges flat fees for its internet service, which are the same whether subscribers pirate or not.

"[T]he Complaint lacks plausible allegations detailing how WOW profited directly from the alleged infringement, which renders any financial benefit from the alleged infringement attenuated or incidental, and not 'direct'," the motion to dismiss reads.

Wow! further argues that there's no evidence showing that its Internet service was particularly appealing to pirates. Finally, the ISP notes that it simply couldn't control or supervise any of the alleged infringements, which is also required to prove liability.

Wow! Disconnected Hundreds of Subscribers

These and other arguments will be reviewed by the court, which will ultimately decide whether this case can move forward. Many of the defense arguments are in line with what we have seen in previous cases, but there are key differences too.

For example, Wow! points out that that it's not ignoring piracy. In recent years, the company has terminated accounts of hundreds of subscribers for which it received multiple copyright infringement notices.

"WOW has a robust program under which it notifies account holders of infringement allegations, suspends their internet access if the allegations continue, and then permanently terminates the account upon receipt of additional complaints."

On top of that, the Internet provider also puts the defendants, its anti-piracy partners, and the evidence in a different light.

Trolls, a Victicious Person, and Strange Logs

Wow!'s motion to dismiss characterizes the filmmakers and their anti-piracy partner Maverickeye as copyright trolls. These entities have previously sued individual file-sharers in various courts to extract easy settlements.

"Plaintiffs and Maverickeye are part of a well-known web of copyright trolls. Until now, Plaintiffs' modus operandi has been to file John Doe lawsuits in the hope of securing quick settlements and to dismiss them at the slightest resistance."

The ISP also points to several lawsuits where Maverickeye was accused of a wide variety of wrongdoings, including the use of expert testimony from a fictitious person.

"Additionally, courts and litigants in these cases have persuasively accused Maverickeye of serious wrongdoing, such as submitting fraudulent 'expert' declarations from fictitious persons, violating state law by engaging in unlicensed surveillance, and even conspiring with copyright owners to offer copyrighted content over BitTorrent and then sue anyone who tries to download it."

These allegations will have to be tested in court, but it's clear that Wow! is willing to ask tough questions. This also applies to the 'testimony' from YTS owner Senthil Segaran, which the filmmakers used as evidence.

The site operator provided information from YTS's logs and user database as part of an earlier settlement with the filmmakers. However, Wow! is not immediately convinced that this information is credible.

All in all, Wow! believes that the complaint should be dismissed in its entirety. Whatever the court decides, this case will be interesting to watch, as the stakes are high.

Besides millions of dollars in potential piracy damages, the filmmakers want Wow! to block various pirate sites and disconnect subscribers whose accounts are targeted by three unique infringement notices in three days.

A copy of Wow!'s motion to dismiss, filed at the US District Court for the District of Colorado, is available here (pdf)

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

Prominent DDL Piracy Site Snahp.it Shuts Down Citing Security Concerns
Andy Maxwell, 23 Sep 10:16 AM

sad pirateAt the turn of the century when server bandwidth was at a premium, peer-to-peer (P2P) file-sharing stepped in to solve the problem. Rather than a small number of individuals having to foot the bill, sharers picked up their own parts of the traffic tab by sharing content with their peers.

In the mid-2000s, server bandwidth became much more affordable and as the years progressed, storing media for direct delivery to end-users became a much more viable option. This gap in the market was serviced by early pioneers including Megaupload and Rapidshare but that was just the beginning of a market that was set to explode.

By the early 2010s there were dozens of large file-hosting platforms where movies, TV shows, games, apps, and other content could be stored for direct download. However, since most of these sites had no public indexing feature, the key problem was finding a way to direct users to the content. This is where DDL (Direct Download or Direct Download Links) sites came in.

Platforms like RLSLOG had been operating in this niche for years by reporting on pirate releases and then providing direct download links to content stored on external services. That site threw in the towel just this week, a fate that is now shared by Snahp.it, a relative newcomer to the market but one that made its presence felt nonetheless.

Snahp.it Aimed To Provide Better a DDL Experience

While there is no shortage of similar DDL sites, Snahp.it said that its aim was to provide a better DDL experience. The main aim of many piracy-focused file-hosting services (often referred to as 'cyberlockers') is to make life so difficult for downloaders that they cave in and buy premium subscriptions.

By claiming to link to less exploitative file-hosting services, Snahp.it hoped it could set itself apart from the crowd with a more user-friendly experience.

After being founded in 2016, Snahp.it developed a sizeable and loyal userbase but this week, just like RLSLOG, it too has thrown in the towel.

"Today, on the fifth anniversary of Snahp, with a heavy heart we announce the end for the blog effective immediately," a notice on the site reads.

"Snahp was originally launched in 2016 to replace DDLs riddled with the worst possible filehosts. However, the top priority for us has always been the safety and security of each and every member on this blog, which has been an increasing concern as of late."

snahp-it shutdown

When it comes to piracy-focused file-sharing platforms, the terms 'safety and security' are most often associated with legal trouble. The site doesn't mention any specific threat but considering SimilarWeb reports that the site still has around four million monthly visitors, throwing that away will not have been a decision reached lightly.

Snahp.it is Regularly Targeted By Members of ACE

While no direct threat is mentioned by Snahp.it, the site regularly receives attention from major copyright holders, including those that are members of the global anti-piracy coalition Alliance for Creativity and Entertainment.

According to Google data, in the past month alone the site has been targeted with takedown requests filed by some of the biggest names in film and TV including Disney, NBC Universal, Studio Canal, Sony Pictures, Fox and Columbia Pictures.

The DMCA takedown numbers aren't huge when compared to Snahp.it's overall traffic but there is a clear interest from major copyright holders and if threats haven't already been received, ACE's considerable activity levels suggest that probably wouldn't remain the case forever.

As revealed in the Snahp.it shut down message, the site has packaged up its posts if anyone wants to download for posterity.

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

 
 
Powered by Mad Mimi®A GoDaddy® company

No comments: