Tuesday, October 19, 2021

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Pirate IPTV Investigation: 1,800 Customers Face 'Stolen Goods' Fines
Andy Maxwell, 19 Oct 10:53 AM

IPTVIn recent years, Italian authorities investigating IP crime have committed significant resources to the ongoing problem of pirate IPTV services.

From being part of the operation that shuttered software platform Xtream-Codes to the closure of a service that was allegedly responsible for the supply of 80% of the country's 'illegal transmissions', Italy has been pushing hard against all players in the ecosystem.

One area where local law enforcement has been treading new ground is the targeting of subscribers to such unlicensed services. Last year, authorities said that users are on the radar, with potentially tens of thousands set to face action.

In February 2020, police reported over 220 to the judicial authorities and last month followed up with another batch of 240, all of whom face fines and potential court appearances. Another investigation, which police reported as concluded this week, will see another 1,800 face action.

Investigation into IPTV Reseller Concludes

A new announcement from the Guardia di Finanza, the police unit tasked with financial crimes, reveals that an investigation into a pirate IPTV reseller operation run by a resident of Varese has is now complete.

It's alleged that the man, who is believed to be 70-years-old, ran platforms including TVSStreamingItalia and IPTVPanamaCity to sell IPTV packages offering Mediaset Premium, Sky, Disney+ and DAZN content without permission.

IPTV Italy Varese

The man was reported to the Computer Crimes Section of the Milan Public Prosecutor's Office for crimes including counterfeiting, alteration or use of trademarks, violations of intellectual property rights, and computer fraud dating back to 2017. He is believed to have earned around 500,000 euros from his operation, an amount on which he failed to declare income taxes, a situation the authorities will seek to remedy.

1,800 IPTV Subscribers Face Prosecutions

After supplying the pirate service with their device MAC addresses, subscribers bought access to the platform in a number of ways, including via direct bank transfers and top-ups with pre-paid cards. This enabled the investigators to positively identify them as customers of the service.

Of course, some customers could claim to be innocent victims on the basis they believed that they would be subscribing to an official service. Not so say police.

In an effort to deflect blame away from himself, it's alleged that the reseller sent messages to prospective users indicating that viewing channels inside Italy carried risks related to exclusive rights and dissemination of intellectual property. That disclaimer did nothing for the defendant but effectively put customers on notice that what they were about to do was illegal, meaning they cannot claim ignorance about the nature of the subscription.

IPTV Italy Varese

As a result, around 1,800 subscribers were traced via their payments to the pirate IPTV supplier. They will have to pay a fine and potentially defend themselves in court against allegations of knowingly receiving stolen goods. Local publication Varesenews reports that the total fines could reach 300,000 euros but how this will be split between the defendants is unclear.

ACE Confirms Closure of Another IPTV Platform

Early October we reported that the Alliance for Creativity and Entertainment (ACE) had quietly seized dozens of IPTV-related domains, including electrotv-sat.com, electro-tvsat.com, electro-tv-sat.com, electrotvsat.net, and electro-tv-sat.net.

In an announcement late Monday, ACE confirmed that the seizures were part of an operation to shut down Electro TV Sat in North Africa.

"Electro TV Sat offered several reseller packages and Illicit Streaming Devices preloaded with illegal streaming apps. The service, which had been active since April 2020, featured 6,000 channels and 200,000 movie titles & TV series, affecting all 34 members of ACE," the anti-piracy coalition reported.

"Two individuals from the city of Oujda in northeast Morocco operated the service, which received 90,000 monthly visitors with substantial traffic coming from French-speaking countries."

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

Filmmakers Withdraw Popcorn Time 'Blocking' Request After Google Shows Up
Ernesto Van der Sar, 18 Oct 10:40 PM

popcornCopyright holders have tried a wide variety of legal options to tackle online piracy, including lawsuits.

This year we have seen a series of complaints in US courts where filmmakers sued third-party services for facilitating piracy. This includes VPN providers and their hosting companies.

VPN.ht is one of the companies that was sued. Last week it settled the case by agreeing, among other things, that it would block BitTorrent traffic and keep logs on US servers. In response, the VPN announced that it would stop using US-based servers, to ensure the privacy of its users.

Filmmakers Demand Millions and More

The settlement didn't end the lawsuit completely as the anonymous operators of Popcorntime.app were targeted in the same case. Since the Popcorn Time operators failed to respond in court, the filmmakers requested a default judgment of millions of dollars in damages as well as a broad injunction.

The proposed injunction would not just apply to the Popcorn Time operators, it also required third-party Internet services to take action.

For example, third-party service providers, including Cloudflare and Google, would have to stop people from accessing alternative Popcorn Time domains such as popcorn-ru.tk. Those measures include the removal of all search engine results.

The proposed injunction would also compel regular ISPs to block subscribers' access to Popcorn Time domain names. If granted, that broad language could affect a wide variety of Internet services including Comcast, Verizon, and AT&T.

Filmmakers Demand Millions and More

Recognizing the gravity of the situation, Google asked the Virginia federal court to be heard in the matter so it could object to the far-reaching proposals. However, this is no longer needed, as the filmmakers have withdrawn most of their demands.

A few days after Google wrote to the court, the filmmakers submitted an amended proposed order which limits the scope of the requested injunction. All demands for third-party companies to take action, including Google, have been removed.

The paperwork doesn't explain why the rightsholders took this action. It's possible that they were not eager to go head to head with Google over the matter. At least, not in this case.

Judge Sides With Filmmakers

The withdrawal of the blocking measures doesn't mean that the filmmakers are leaving empty-handed. On the contrary, last Friday Virginia Magistrate Judge Theresa Carroll Buchanan issued her report and recommendation on the default judgment, which brings good news for the rightsholders.

Among other things, Judge Buchanan recommends awarding damages for trademark infringement, DMCA violations, contract breach, and willful copyright infringement against Popcorntime.app.

"With Defendant Doe's BitTorrent software Popcorn Time users can search, download, and stream copies of the Plaintiffs' Works through peer-to-peer sharing, which results in the unauthorized distribution and public performance of the Copyright Plaintiffs' Works. Accordingly, the undersigned finds that Plaintiffs have sufficiently pled an infringement claim under the Copyright Act," Judge Buchanan writes.

"Plaintiffs requests the maximum possible statutory damages award of $150,000 per Work (here, twenty-one) for a total of $3,150,000. Because of Defendant Doe's willful infringement, the undersigned finds that Plaintiffs' request for $3,150,000.00 total damages is reasonable."

$5,734,946.74

In addition to the copyright infringement damages, the Judge also recommends $2,000,000 in trademark infringement damages as well as $525,000 in damages for violating the DMCA, among other things. Added up, this brings the total damages to $5,734,946.74.

The recommendation also approves an injunction that requires the Popcorn Time operators to stop any infringing activity. The measures against third party services such as Google are off the table, and Judge Buchanan says that she would not have approved these anyway.

"As discussed above, the Plaintiffs have withdrawn any request that this Court order third-party providers, like Google, to cease providing service to and to block Defendant Doe, which the undersigned was nonetheless prepared to reject," Judge Buchanan adds.

The Report and Recommendation is not final yet and still has to be approved by the court. If that happens, the filmmakers will score a big win. However, getting paid by the anonymous Popcorn Time operators will probably be quite a challenge.

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A copy of Virginia Magistrate Judge Theresa Carroll Buchanan's Report and Recommendations is available here (pdf)

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

 
 
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