Tuesday, March 15, 2022

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Court Overturns 'Pirate' IPTV Prison Sentences Due to Unenforceable Copyrights
Ernesto Van der Sar, 15 Mar 09:36 AM

IPTVOnline piracy exists in many shapes and forms. Torrent sites were dominant a decade ago, but these have long been eclipsed by streaming portals.

IPTV services have grown in popularity as well. In some cases, these offer access to live sports and TV programming without the permission of rightsholders.

A few years ago, Advanced TV Network (ATN) was a dominant player in the Swedish IPTV market. Founded in 2008, ATN was a fast-growing business that had 25 employees and over 70,000 paying customers at its height. However, that all changed in 2016, when local police raided its Malmo office.

Prison Sentences for IPTV Operators

The authorities launched a criminal investigation on behalf of the Qatari company beIN Sports and Albanian TV group Digitalb, who accused ATN of rebroadcasting their channels without permission.

Two years later, the Stockholm Patent and Market Court found several people connected to the company guilty of copyright infringement and the unauthorized decoding of broadcast signals.

ATN owner Hamid al-Hamid was sentenced to two and a half years in prison. The owner's son received a one-year prison sentence. In addition, they were ordered to pay over 209 million Swedish kroner ($21m) in damages to the rightsholders.

In most similar cases the story might end there. However, the ATN defendants were adamant that their business wasn't as illegal as the prosecution had suggested and swiftly announced an appeal.

'Non Enforceable Copyrights'

This month, the Patent and Market Court of Appeal overturned the prison sentences and damages after the Court found that the copyright infringement charges didn't hold up. The reasons for the reversal are rather unique.

ATN might have broadcasted beIN content without permission. However, according to the appeals court, the broadcasts from the Qatari company can't be enforced as Qatar hadn't signed up to the Rome Convention at the time.

ATN

The Rome Convention is an international treaty that protects the rights of broadcasters around the globe. Qatar only became a member in 2017, a year after ATN was raided by the police.

"[T]he prosecutions and related individual claims have been rejected on the grounds that the broadcasts have taken place from countries in the Middle East and that there is no legally relevant connection to Swedish law," the Court explains in a press release.

The defendants were also indicted for using satellite broadcasting signals from Albania without permission. However, according to the Patent and Market Court of Appeal, it can't be proven that this is the case, as there is a related dispute about contractual issues between ATN and the broadcaster in Albania.

No Prison, No Copyright Damages

As a result of the overturned verdicts, the men have no longer have to go to prison. In addition, the Court also set aside the $20 million in damages they owed beIN.

The defendants are not completely without blame. The Court upheld several EU trademark infringement charges related to the rebroadcasting of certain TV channels. Together with a weapons charge, these trademark infringements resulted in a suspended prison sentence.

Defense lawyer Jonas Nilsson, who represented Hamid al-Hamid, told The National that the father and son haven't spent any time in prison after the appeal. However, their business was effectively destroyed after the raid.

The lawyer stresses that this is a unique case that involves various complicated international laws. His client is pleased that he can now move on.

"It's been a lot of stress since the police visited him and he had to close down the business," Nilsson said. "Now that we have this verdict, he feels relieved. He wanted to put these matters behind him so he could continue with his life."

The verdict doesn't necessarily close the books on this case. The Swedish prosecution can still take the case to the Supreme Court, which it reportedly intends to do.

A copy of the order, issued by the Swedish Court of Appeal, is available here (Swedish pdf)

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

Major Streaming Piracy Sites Have Their Domain Names Suspended
Ernesto Van der Sar, 14 Mar 09:51 PM

cuevana lookmovieOver the years, pirate streaming services have eclipsed torrent sites and direct download portals in popularity.

These streaming sites are seen as a massive problem in Hollywood, which made it a priority to shut them down.

The Alliance for Creativity and Entertainment(ACE) is actively trying to find out who's behind these sites, through DMCA subpoenas for example. However, there are other means to hit these streaming portals as well. That includes going after their domain names.

Rightsholders regularly complain to domain registries and registrars about pirate sites. Most of these companies prefer not to get involved without a court order but occasionally we see some action on this front.

Lookmovie.io and Cuevana3.io Go Offline

A few days ago, the .io registry 'took down' two of the largest pirate streaming sites. Lookmovie.io and Cuevana3.io suddenly stopped resolving after their domain status was changed to "ServerHold." The same also applies to the slightly smaller site Emovies.io.

This status, which is set by the domain registry, effectively makes the domain unusable. While no official explanation is available, it's safe to assume that this action was triggered by a copyright complaint.

TorrentFreak reached out to the .io registry, hoping to find out more, but thus far we haven't heard back.

At this point, we can only speculate on the forces behind the domain suspensions. In this light, it's worth highlighting that the .io registry was bought by Afilias a few years ago, which was acquired by Donuts not much later.

The Donuts link is crucial as the MPA; which is part of ACE, has a "trusted notifier" deal with the company which allows the Hollywood group to report pirate sites, whose domains can then be suspended. The same appears to have happened to Watchsomuch and Watchseries last week.

Update: After publication, MPA's Executive Vice President and Chief of Global Content Protection Jan van Voorn informed us that ACE is not behind these suspensions.

"The suspension of these specific two domains was not the result of direct enforcement by ACE, but as you know we execute similar actions all the time. We collaborate with a number of domain name registries, registrars, and other intermediaries to take down pirate sites and their supporting infrastructure and identify operators, and we are happy to see the .io registry has joined the fight."

"All high profile pirate sites and services are targets for ACE, and should expect an enforcement action aimed against them sooner rather than later," Van Voorn added.

Resilient Streaming sites

While losing a domain name will hurt a site's traffic temporarily, Lookmovie and Cuevana3 have no plans to throw in the towel. In fact, Lookmovie swiftly moved to lookmovie2.to and, in addition to explaining what went down, the operator took this opportunity to announce a new design.

"[The domain suspension] happened without any prior warning from our registrar or anyone else. Whether they knew but couldn't tell us, didn't want to tell us or didn't know, the fact remains that the domain is as good as dead," Lookmovie explains.

"The domain might be down, but we are not. We were planning to release a new fresh design of the website with new features in the next few days but since we are at this point already, what the hell… we did it now on our new domain – lookmovie2.to"

lookmovie message

Lookmovie warns its users not to fall for fake sites and other copycats. To point people in the right direction, the operator published a list of more than a dozen official backup domains, in case these are needed in the future.

Cuevana Knows The Drill

Similarly, Cuevana3 isn't going anywhere either. The site has reportedly moved to cuevana3.me where visitors are welcomed with the following message, translated from Spanish.

"Dear users, thank you all for the great support you are giving us on social networks, especially on Twitter. We want to ask that you add the hashtag: #Cuevana3.me so that people don't get confused with the clones."

cuevana message

It shouldn't come as a surprise to see that the targeted sites are taking countermeasures. After all, it's not the first time that this has happened.

Last year, ACE reported that it had shut down Cuevana. Following a cease and desist letter, 30 Cuevana-related domain names were signed over to the movie industry group. However, Cuevana wasn't completely down, as the .io domain name was still operational and thriving.

For now, there's no sign that this game of whack a mole is about to end soon. At least, not by going after replaceable domain names.

Update: This article was updated to include a comment from the MPA and we removed some disproven speculation as well.

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

 
 
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