Tuesday, December 7, 2021

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Gary Bowser Agrees to Pay $10 Million in Piracy Damages to Nintendo
Ernesto Van der Sar, 07 Dec 10:45 AM

bowserHacking group Team-Xecuter was a thorn in the side of major gaming companies for a long time.

The group offered hardware and software solutions that allowed people to install and play unofficial games and pirated copies on various consoles, including the popular Nintendo Switch.

Team-Xecuter defended its work by pointing out that their products are not necessarily pirate tools. They supported the 'right to repair' movement and backed people who wanted to play homebrew games on their devices for personal use.

Team-Xecuter Takedown

Nintendo clearly disagreed and tried to shut down the group through various enforcement actions. This eventually worked with help from the U.S. Government, which indicted three members of Team-Xecuter last year.

One of the defendants is a Canadian man named Gary Bowser, who is also known through his nickname GaryOPA. Bowser was the operator and a frequent writer on the website "MaxConsole," which regularly reviewed Team-Xecuter hardware and other hacking tools.

According to the indictment, Bowser was more than just a writer. The Government saw him as part of the Team-Xecuter conspiracy. Among other things, he allegedly advertised and trafficked circumvention devices, while maintaining regular contact with resellers throughout the world.

Nintendo 'Settles' With Bowser

This vision was shared by Nintendo which launched a separate civil lawsuit against the Canadian in April. Bowser was scheduled to file an official reply to Nintendo's allegations yesterday but instead, both parties notified the court that an agreement had been reached.

Nintendo and Bowser agreed to a consent judgment that requires the former Team-Xecuter 'member' to pay $10 million in damages.

"Plaintiff Nintendo of America Inc. and Defendant Gary Wayne Bowser, by and through their undersigned counsel, hereby consent to judgment in favor of Nintendo and authorize the Court to enter monetary relief in the sum of US$10,000,000.00 in favor of Nintendo and against Defendant."

The proposed judgment, which has yet to be signed off by the judge, stresses that this amount bears a reasonable relationship to the damages and fees that could have been awarded if the case went to trial.

Proposed Consent Judgment

bowser-consent

Circumventing technological protection measures is not outlawed globally but the consent judgment clarifies that the proposed order can be applied and enforced around the world.

Domains Seized and Devices Destroyed

The order also comes with a permanent injunction that requires Bowser and all third-party intermediaries, including domain registrants, to stop facilitating access to TEAM-XECUTER.COM, SX.XECUTER.COM, XECUTER.ROCKS, TEAM-XECUTER.ROCKS, and MAXCONSOLE.COM. The same applies to various social media channels, such as Facebook, Discord, and Reddit.

In addition, Bowser is required to permanently destroy all material that can be used to infringe Nintendo's copyrights, including any copies of SX OS and other circumvention devices that are in his posession.

If the court signs off on this agreed judgment the civil lawsuit will be over. The criminal case is still active, but that appears to be in its final stages as well.

Guilty Plea in Criminal Case

Bowser, who's in his fifties, initially pleaded not guilty but reversed his stance last month. After consulting with his attorney, he pleaded guilty to conspiracy to circumvent technological measures, trafficking in circumvention devices, and violating the DMCA's anti-circumvention provision.

These offenses both carry a maximum prison penalty of five years, but this may be reduced due to his cooperative stance.

Meanwhile, Team-Xecuter has pretty much disappeared from the internet. Initially, the group's website remained online, but a few weeks after the indictment was announced it returned a database error, which was later replaced by a nginx welcome page.

A few weeks ago, the curtain appeared to fall for good, with Team-Xecuter.com pointing to a seizure banner with remains active to this day.

Team-Xecuter.com is Seized

seized

A copy of the consent notification is available here (pdf) and the proposed judgment and permanent injunction can be found here (pdf)

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

Hollywood, Netflix, Amazon & Apple Sue Two Pirate IPTV Providers in the US
Andy Maxwell, 06 Dec 09:18 PM

IPTVDespite an increasing number of lawsuits, raids and seizures around the world, many pirate IPTV providers and resellers continue to offer their services to the masses.

At least in part, this may be a calculation based on the likelihood of being targeted, let alone identified and held to account. Nevertheless, some of the most powerful entertainment companies in the world are continuously on the prowl, looking for operations of wider importance and/or representing lower-hanging fruit.

US-based IPTV providers AllAccessTV and Quality Restreams can now be added to this growing list.

Copyright Infringement Lawsuit

In a new complaint filed in a California court, movie and TV giants Universal, Disney, Paramount, Warner and Columbia are joined by Netflix, Amazon, Apple and several other studios against Texas resident Dwayne Anthony Johnson.

According to the plaintiffs, Johnson (and Does 1-20) are the brains behind pirate providers AllAccessTV (AATV) and Quality Restreams.

AllAccessTV

The complaint alleges that AATV offers infringing movies and TV shows via its IPTV and VOD services, delivering content including The Godfather, Harry Potter, Jurassic Park, and The Office to consumers via smart TVs, computers, set-top boxes plus mobile and tablet devices.

Connected enterprise Quality Restreams allegedly provides infringing content to other IPTV providers, including AATV, via live IPTV channels and a VOD service.

The AATV Operation

The studios list a number of domains in their complaint including aatvdigitalmedia.com, aatvpanel.com, allaccessiptv.com, qualityrestreams.com and mediaflo.net. Also of interest are domains linked to vpnsafevault.com.

According to the lawsuit, aatvdigitalmedia.com aatvpanel.com were previously used to supply subscriptions costing between $10 to $45 per month. However, in an effort to conceal the true nature of the business, AATV now uses vpnsafevault.com.

"This site is stripped of all AATV branding and designed to appear like it sells VPN software to consumers," the complaint notes, adding: "Defendants' actions are consistent with an intent to operate the AATV service in covert manner because they know the service is illegal."

VPNVault

Vast Quantity of Live Channels and VOD Content

Via the AATV platforms, it's alleged that more than 2,500 live TV channels including those owned by ABC, NBC, and Fox, as well as paid channels like A&E, MTV, BET, SyFy, USA Network, and premium channels such as HBO and Cinemax, are offered to consumers.

However, in common with similar lawsuits filed by the same companies in the past, it is AATV's 24/7 channels (those that offer video from a particular franchise on a continuous loop) that again help to build a solid base for the complaint.

"Defendants' 24/7 channels infringe not only Plaintiffs' exclusive right of public performance, but also their exclusive right to reproduce their Copyrighted Works. Plaintiffs' Copyrighted Works must be illegally copied and stored in order to be streamed on a 24/7 channel," the lawsuit reads.

"Defendants either create these copies, and as a result, directly infringe Plaintiffs' reproduction rights, or Defendants knowingly, materially contribute to, or induce third parties to make those copies, and thereby secondarily infringe Plaintiffs' exclusive reproduction rights."

The same claims are leveled against AATV's VOD service, which currently offers more than 600 movies and 600 TV series for on-demand viewing. These can be arranged not only by genre but by officially licensed providers including Netflix, Amazon Prime Video, Hulu, and Disney+.

"Defendants do not have licenses to utilize any Copyrighted Work through their VOD service and, therefore, Defendants' VOD service infringes Plaintiffs' exclusive reproduction and public performance rights," the studios add.

Quality Restreams Operation

According to the complaint, Quality Restreams has used a number of domains including qualityrestreams.com, qsplaylist.com, qualitystreamz.guru, and qsprovider.com, in order to stream and provide content to other IPTV services. One such service, CosmosTV, sourced its content from an IP address registered to FDC Servers in the United States.

The lawsuit also points to the mediaflo.net domain (which is reportedly used to supply IPTV content) and posts on IPTV forums including IPTV.community where Quality Restreams advertised their product under the name DJ_Boxx. This appears to have helped the studios connect the dots regarding the identity of the service's owner.

"Among other things, Johnson is a registered manager of VPN Safe Vault LLC, a company that bears a virtually identical name to the domain [vpnsafevault.com], the site through which Defendants currently sell AATV subscriptions. Moreover, the username DJ_Boxx is connected to the Skype ID 'Dwayne.johnson34,' and the listed date of birth on DJ_Boxx's profile also matches Johnson's date of birth," the complaint states.

Johnson is also said to be the registrant of myaatv.com at 23.237.94.34 — the same IP address used by qsplaylist.com. This IP address is in the same range as The MediaBoxx, an entity owned and operated by Johnson.

"Johnson also administered a Facebook group for AATV resellers that went by a virtually identical name, MediaBoxx Corporation confirming that Johnson owns and operates this infringing streaming service," the lawsuit adds.

Reseller Network

Citing the defendants' claims on their own Facebook page, the studios say that the AATV operation has a network of over 600+ "sales agents". The reselling operation worked as a multilevel marketing scheme where AATV customers are rewarded for selling subscriptions to other potential customers.

"For example, in 2020, if a recruit sold a $25 per month subscription, the reseller that recruited him or her earned a $10 commission on that sale. As a result, resellers are encouraged to recruit as many individuals as possible in order to maximize their commissions. Resellers also obtain discounts on their own AATV subscriptions in exchange for customer referrals," the studios claim.

The defendants also reportedly hosted webinars to recruit resellers by offering them the chance to "build a business from home in the telecommunications space."

AATV webinar

Illegal Operation, Unfair Competition

In summing up their complaints, the studios say that the AATV live streaming operation is not only illegal but also unfairly competes with licensed streaming providers.

"The result is unauthorized television and movie content streamed over the Internet in a manner that directly competes with, and undermines, authorized cable and Internet streaming services. Defendants' conduct therefore also interferes with Plaintiffs' existing relationships with legitimate services that offer live TV programming," they note.

The same is true for AATV's VOD and 24/7 offering.

"Defendants also illegally and unfairly compete with Plaintiffs' affiliated and licensed subscription VOD services, such as Amazon Prime Video, Netflix, Disney+, iTunes, Apple TV+, HBO Max, Hulu, Peacock, and others, which have the rights to offer on-demand content, often exclusively, to their subscribers."

Copyright Infringment

The studios close with allegations of direct copyright infringement, contributory copyright infringement, and inducement of copyright infringement, demanding the standard $150,000 in statutory damages for each willfully infringed work.

They also demand a broad injunction to prevent all AATV and associated entities (including resellers) from infringing their rights moving forward and an order to seize the operation's domains.

The complaint can be found here (pdf)

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

 
 
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