Saturday, December 31, 2022

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Australia Launches Copyright Enforcement Review & Consultation
Andy Maxwell, 30 Dec 05:17 PM

australiaOver the past five years the Australian Government has committed significant resources to several copyright-related initiatives, not least the Copyright Amendment (Online Infringement) Act 2018.

In preparation for 2023 and beyond, the government wants to determine whether enforcement measures available under existing copyright law remain appropriate, effective and proportionate. The first stage of that process begins with an issues paper published by the Attorney General's Department.

Copyright Enforcement Review & Consultation

Copyright in Australia is governed by the Copyright Act 1968 which is administered by the Attorney-General's Department.

Copyright infringement, such as downloading/sharing music, movies and TV shows, is punishable under civil and criminal law, depending on individual circumstances. The Copyright Act also allows rightsholders to request ISP blocking injunctions against overseas pirate services, and pursue legal action against those who circumvent technical protection measures.

Through its Copyright Enforcement Review the Government seeks to understand current and emerging enforcement priorities and the challenges they face within the existing framework, as shown below.

aus copyright enforcement framework

A public consultation seeking views from "all parts of the copyright system," including rightsholders, users, institutions and service providers, will help the government determine if changes are required to ensure the protection of creative content moving forward.

The government says that proposals should not impose "unreasonable administrative or economic burdens" on those expected to implement them.

Overall Piracy Shows No Strong Trend in Either Direction

The issues paper states that most Australians who consume content online "do the right thing," but a minority still consume content in a way that infringes copyright.

The government acknowledges that any infringement is troubling for rightsholders but notes that "data does not indicate a strong upward or downward trend in demand for unlicensed and infringing digital content over recent years."

What the data does show, however, are shifts in specific forms of infringing content consumption. While music, movie and TV show piracy show a general downward trend, piracy of content in the publishing sector is on the increase.

australia piracy trends 2017-2022

"The growth in visits to publishing piracy sites in recent years is driven to a large extent by increases in visits to sites categorised as Manga sites, which accounted for over 60% of Australian visits to publishing piracy sites in 2021," the paper adds.

aus copyright review questions

The detail in the review suggests a willingness to look at all aspects of copyright enforcement in Australia, from those defined under law to measures obtained via private, commercial agreements.

Industry and Statute-Based Mechanisms

Any development of industry-driven mechanisms must take place within existing law, but their nature allows participants to go beyond their legal obligations. While these types of agreements can limit friction and reduce the need for legal action, more often than not the first casualty is transparency.

Examples include collaboration between industry partners to identify and take down allegedly infringing content more quickly, or the utilization of automatic content recognition tools to prevent content from reappearing following a takedown.

Site-Blocking Measures

Statute-based mechanisms available under the Copyright Act will also face scrutiny during the government's review. One example is Australia's 7-year-old site-blocking mechanism, which to date has blocked 1,600 sites following an initial injunction, and an unspecified number under 300 extension orders tackling replacement domains, mirror and proxy portals.

Previous reports from the government, rightsholders, and anti-piracy groups have praised the efficacy of blocking in Australia. A 2018 report from Incopro (pdf) noted that it "resulted in a usage reduction of 53.4% to blocked sites when comparing usage recorded in November 2017 to before blocking took effect."

In 2020, the MPA reported (pdf) that blocked pirate site users "increased consumption of content on legal viewing sites in the post-period following the blocking by 5%." A 2021 OCI survey found that 59% of citizens who encountered a block simply gave up, with 18% seeking legal access instead.

Given the gentle prompting in the issues paper, those who previously praised Australia's blocking program may be encouraged to demand more. Technological "tools and techniques" including VPNs can be used to bypass site-blocking, the paper notes, adding that the use of custom DNS services "may be increasing."

aus copyright review questions2

Major rightsholder submissions may cite blocking circumvention as an issue but are more likely to focus on improvements to the existing system. Australia's approach to blocking is extremely thorough and the legal process is meticulous, but by most standards, it is very, very slow.

Rightsholders may be hesitant to request too much, but the speed of blocking following an application is likely to be a key issue. It might be too soon for Australia, but no one should be surprised if there are calls for a fast-track administrative blocking system, operated by a new or designated authority, and assisted by industry-nominated 'trusted notifiers'.

The Copyright Enforcement Review issues paper can be found here (pdf) and the announcement here. Submissions can be made here (link)

The consultation ends March 7, 2023

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

'House of the Dragon' Is The Most Pirated TV-Show of 2022
Ernesto Van der Sar, 30 Dec 01:15 PM

hotdAt the end of every year, we take a look at the most-downloaded TV episodes among torrenting pirates.

For several years in a row the list was headed by Game of Thrones but that reign came to an end in 2019 after the series ended.

This changing of the guard made room for two Disney+ exclusives to step in. In 2020, 'The Mandalorian' was the most pirated show, followed by 'Wandavision' in 2021.

With neither of these shows releasing new episodes, we can crown another winner this year.

As suggested in our previous coverage, 'Game of Thrones' prequel 'House of the Dragon' is the most pirated TV show of 2022. The HBO show beat fellow newcomer 'The Lord of the Rings: The Rings of Power' which sits in second place.

What stands out most about the Top 10 is that it's entirely made up of newcomers. This also means that 'Rick and Morty', a regular on the list for several years, has dropped off.

With the current streaming landscape being so fragmented, it is no surprise that streaming exclusives dominate the list today. Apparently, many people see piracy as an alternative to taking out yet another subscription.

It's worth noting that BitTorrent traffic only makes up a small portion of the piracy landscape. Most people use streaming sites and services nowadays, which generally do not report viewing stats.

Below we have compiled a list of the most torrented TV shows worldwide and released in 2022 (per episode). The ranking is estimated based on sample data from several sources, including I Know and statistics reported by public BitTorrent trackers.

Most downloaded TV-shows on BitTorrent, 2022
rank last year show network
torrentfreak.com
1 (…) House of the Dragon HBO
2 (…) The Lord of the Rings: The Rings of Power Amazon Prime
3 (…) The Boys Amazon Prime
4 (…) Moon Knight Disney+
5 (…) Halo Paramount+
6 (…) Obi-Wan Kenobi Disney+
7 (…) The Book of Boba Fett Disney+
8 (…) Stranger Things Netflix
9 (…) She-Hulk: Attorney at Law Disney+
10 (…) Andor Disney+

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

 
 
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Friday, December 30, 2022

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Pirate Movie Cammers Plagued UK Cinemas After COVID Shut Them Down
Andy Maxwell, 29 Dec 09:54 PM

When movies are recorded directly from cinema screens, the resulting pirate copy is known as a 'cam', regardless of the device used – camcorder or otherwise.

The terms camming, camcording, cammer, and other variations are not exclusive to movie piracy circles though; those paid to monitor and crack down on pirates use them a lot too.

In a report to the USTR in early 2022, the International Intellectual Property Alliance used similar terms more than 130 times when calling out China, Ecuador, India, Mexico, Russia, Brazil, and other countries for not doing enough to prevent in-cinema recording (pdf).

While camming is clearly an ongoing problem for some countries, enhanced security and tough legislation in the United Kingdom should deter even the most determined pirates. In theory, at least.

Arrest in the UK

Early October, the UK's Police Intellectual Property Crime Unit announced the arrest of a man in Liverpool "in connection with an investigation into film piracy." The involvement of the Film Content Protection Agency (FCPA), the Film Distributors' Association anti-piracy group, left little doubt this was related to camming.

Over the weeks that followed, TorrentFreak was able to link the arrest with an industry report claiming that at least four movies, recorded in two UK cinemas during the summer, had appeared online.

Our report published late November provides more detail and last week an FDA/FCPA newsletter dated December 20 (pdf) confirmed events as reported.

fcpa - liverpool camming arrest

Aside from being recorded in the UK, where an intent to distribute copies online can carry a 10-year prison sentence, the copies were notable for another reason – their extraordinary quality.

This isn't mentioned by FCPA and we're still unable to confirm which movies are linked to the case, but the period cited – June to August 2022 – coincides with surprisingly high-quality cam copies suddenly appearing online around mid-June before stopping around mid-August.

A screenshot from the cam copy of Minions: The Rise of Gruminions-the-rise-cam

Double-whammy events like these aren't exactly common in the UK, especially given the alleged quality and the obvious threat to the market. However, records show that camming 'incidents' in UK cinemas are extraordinarily common, yet receive almost no press.

Other Camming Incidents in 2022

Camming incidents appear to be covered more comprehensively in annual reports, meaning that overall data for 2022 won't be available for another few months. In the meantime, the four movies cammed in Liverpool can be added to other incidents recorded elsewhere in 2022.

At Cineworld Dundee (Scotland) on an unspecified date, a staff member identified a customer camming a movie. The title hasn't been published but in line with FCPA policy, the diligent staff member received an award for her anti-piracy work.

Along with staff in hundreds of other cinemas in the UK, she is likely to have received training and detailed instructions on how to respond to a camming event (pdf).

FCPA-issued Camming Response Flow Diagramfcpa - cam response flow

In another incident earlier this year, a 'cammed' copy of Spider-Man: No Way Home appeared online soon after its theatrical release. Forensic investigators linked the copy to a cinema in Leeds, West Yorkshire.

The image below was circulated to cinemas in the UK following the arrest of a suspect. It later appeared in a FCPA newsletter in redacted form. We've concealed the suspect's identity in the original but the text clearly shows that preventing any repeat behavior remained a priority for FCPA.

spider-cam-fcpa

The image on the right appears to be a still from surveillance footage, one of the key weapons in the fight against camcorder piracy. Data from camming incidents in 2021 shows evidence can also be obtained from less obvious sources.

Camming Incidents Break Records in 2021

The Film Distributors' Association Yearbook 2022 notes that PIPCU, MPA, The Industry Trust, and the Alliance for Intellectual Property, all partner with FCPA in its fight against piracy. The level of camming incidents reported in 2021 shows that the FCPA needed all the help it could get.

"During 2021 the FCPA was directly involved in the professional investigation, intelligence gathering and research of 125 copyright theft incidents in cinemas," the FDA publication reads (pdf).

Due to COVID-19 lockdowns, the 125 incidents actually occurred over just seven months, the highest number ever reported by the FDA.

"The majority of these incidents led to the offenders being confronted and excluded from screenings by the cinema management. However, the more serious occurrences required swift police assistance, and resulted in five people being arrested and a further seven receiving recorded police cautions for illegal in-cinema activity," the report adds.

Detail on Specific Cases

Details on some individual cases can be found in a report published by the UK Cinema Association (UKCA). It notes that online global piracy release groups struggled to obtain content in early 2021 due to COVID-19-enforced closures of cinemas around the world. When cinemas began to open up, pirates picked up where they had left off – including in the UK.

"Two high-impact cases occurred in particular immediately as UK cinemas began re-opening in May [2021], with two publicly available copies of a new film traced via film forensics to two London cinemas only six miles apart," the report reveals.

A small selection of 'cam' copies currently availablecam-list

"Subsequent investigations revealed that the same offender was responsible in both instances, plus another case in December 2020. Having been identified and traced, he was arrested in July."

Pirates Tracked and Traced, One Literally

When the UK came out of lockdown, visitors to cinemas and other venues such as pubs and clubs, were required to fill in so-called 'track and trace' documents. In the event of an infection, government 'track and trace' teams were then able to directly contact people who were in the vicinity and ask them to isolate to prevent the spread.

According to UKCA, the suspected cammer arrested in July completed one of these forms with his details and signed it.

From July 2021, another three cammed movies appeared online and were subsequently traced back to cinemas in London. All of the offenders were identified but efforts to locate them are reported as "ongoing". Interestingly, the report claims that these cases were linked in some way, despite none of the individual offenders knowing each other.

"In one unusual case, film theft returned to an East London cinema which had experienced high-impact piracy in 2019, albeit this time through a different offender, something which serves as a reminder that this activity can happen at any cinema, no matter how unlikely a target site might seem," the report concludes (pdf).

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

 
 
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