Friday, February 10, 2023

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New Genshin Impact DMCA Subpoena Targets Leaker @merlin_impact
Andy Maxwell, 10 Feb 11:06 AM

merlin_impact-sGenshin Impact publisher Cognosphere PTE Ltd is developing an aggressive stance towards people who leak images of unreleased content online.

In December 2022, Cognosphere targeted Ubatcha, one of Genshin Impact's most prolific and popular leakers. Last month, Cognosphere kept up the legal pressure by targeting users of the popular 'House of Daena' Discord channel, among others

In both cases, Cognosphere's attorneys filed DMCA subpoena applications at district courts in California. DMCA subpoenas compel service providers, such as Discord, Twitter or Reddit, to hand over information they hold on users identified by rightsholders as copyright infringers.

In the event that useful personal information is disclosed to Cognosphere's legal team, a number of options become available. A full-blown copyright infringement lawsuit is one possibility, but the company may use the information to end or mitigate future infringement instead. If an alleged infringer has useful information about leaks but wouldn't normally disclose it, a legal letter with their name and address on the front may help them to change their mind.

New DMCA Subpoena Targets @merlin_impact on Twitter

Filed on February 8 at the United States District Court for the Northern District of California, Cognosphere requests cooperation from Twitter so that it can obtain the identity of one of its users.

"It has come to our attention that numerous images infringing Cognosphere's copyrighted Game are being made available by user Mero@merlin_impact at his Twitter account available at Uniform Resource Locator: https://twitter.com/merlin_impact," the application reads.

"We request that Twitter take expeditious action to remove or disable access to all copyrighted materials concerning the Game in the Infringing Account, including those posts identified in the attached Exhibit A [shown below]. Alternatively, we request that Twitter remove or disable the entire Infringing Account."

As proof of infringement, Cognosphere provides links to two tweets published by its official Genshin Impact Twitter account. Each of those tweets contains one piece of original content for reference.

The Original and Allegedly Infringing Images

Published on Twitter by the official @GenshinImpact account on January 16, 2023, the first image depicts a new Genshin Impact character named 'Deyha'.

According to the DMCA subpoena application, @merlin_impact published copies of this image on their Twitter account in two individual tweets, one on January 17 and the second on January 18.

As shown in the image below, the image at the top right is the original tweet from the official @GenshinImpact account (1), and the two images at the bottom are the alleged copies (1,2) published by @merlin_impact.

genshin tweets dmca subpoena

It's immediately obvious that while they relate to the same subject matter (a new character), the images posted by @merlin_impact are not copies of the original image featured in the Genshin Impact tweet.

Also published on Twitter by the official @GenshinImpact account on January 16, 2023, the second allegedly infringed image depicts another new Genshin Impact character named 'Mika'.

According to the DMCA subpoena application, @merlin_impact published copies of this image on their Twitter account in two individual tweets, contrary to copyright law, on January 18 – two days after they first appeared on the official Genshin Impact account.

The image at the top left is the original posted by the official @GenshinImpact account, and the two images at the bottom are the alleged pirate copies posted by @merlin_impact.

genshin original mika v dmca

Again, it is clear that the images posted by @merlin_impact are not identical copies of the original image featured in the Genshin Impact tweet, as referenced in the DMCA subpoena.

The 'copies' clearly feature the same character, but so do hundreds of images and countless videos available online (including on YouTube) that predate @merlin_impact's tweets.

For example, the article published here reproduces both pieces of artwork in full but isn't targeted in a subpoena. Another article featuring the new characters dates back to December 2022, and that appears fine too.

Twitter Hasn't Taken The Tweets Down

Despite having been sent DMCA notices on Tuesday this week, at the time of writing, Twitter hasn't taken down @merlin_impact's allegedly infringing tweets. Of course, that could still happen, but that raises questions about the hundreds of images shared by fans online that actually match the original images mentioned in the subpoena but don't appear to have attracted interest from Cognosphere's legal team.

So moving forward, what are the rules for Genshin Impact fans posting online? Post images and hope the lawyers don't mind, or stop posting images altogether to remove all doubt? Every single piece of Genshin Impact artwork is protected under copyright law, meaning that at least in theory, $150,000 in damages per image if it all goes wrong.

That kind of worry could discourage fans from promoting the game altogether but perhaps something else is going on here.

It's possible that @merlin_impact is of interest for other reasons, and that's why they've been handpicked for personal attention from a pool of thousands. While that does seem more likely, the chances of the details being made public are very limited indeed.

The DMCA subpoena documents can be found here (1,2, pdf)

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

Sony vs. Quad9: Court Hears Landmark DNS Piracy Blocking Case
Ernesto Van der Sar, 09 Feb 08:18 PM

quad9In 2021, Sony Music obtained an injunction that ordered DNS resolver Quad9 to block a popular pirate site.

The injunction, issued by the District Court of Hamburg, required the Swiss DNS resolver to block access to a site that links to pirated music.

The name of the targeted site wasn't revealed, but we deduced that Canna.to was the target. That site was also targeted in a voluntary blocking agreement previously signed by rightsholders and ISPs.

Quad9 Appeals, Sony Files Main Proceeding

The Quad9 Foundation fiercely opposed the injunction. The DNS resolver submitted an appeal to the Court hoping to overturn the blocking order, arguing that the decision sets a dangerous precedent.

The non-profit foundation stressed that copyrights should be respected online, but believes that enforcing blocking measures through third-party intermediaries goes a step too far.

The initial objection failed when the Regional Court in Hamburg upheld the blocking injunction. However, that was just a preliminary proceeding, and Quad9 was adamant it would continue the legal battle to prevent a broader impact on the Internet ecosystem.

Quad9 isn't alone in viewing this as a crucial matter; Sony does too, albeit for different reasons. The music company went on to initiate a main proceeding at the Leipzig court, the next step in the legal process where both sides would be able to present more evidence and expert opinions.

Court Hears DNS Blocking Case

The matter was heard yesterday at the regional court in Leipzig, where both sides were able to present their arguments. While a decision is still forthcoming, Quad9 reiterated the importance of the case. If Sony wins, Quad9 believes that more and broader blocking actions may follow.

"Although this blocking applies only to Quad9's services located in Germany, by bringing this court case to fruition, Sony Music — and those who may eventually follow — appear to be pushing the idea that they are above and beyond the principles of freedom, decentralization, and proportionality," the DNS provider writes.

Quad9 argues that it's merely passing on metadata; it doesn't store or transfer any content. It's in the best interests of the public at large to keep DNS resolvers universally accessible, and any curation should be done in the best interests of users, not corporations.

That last part could be relevant; Quad9 has positioned itself as a secure DNS resolver that gives users the option to block millions of malware-related connections and websites. In this case, however, it believes that court-ordered piracy blockades are not in the public interest.

"Recursive DNS is not an effective or reasonable place to impose external policies that are undesired or unrequested by the end user," Quad9 notes.

"The ability of corporate entities to impose their will on unrelated third parties such as DNS resolution services creates a chilling effect which will reduce free information exchange, and introduces a significant risk of overreach and abuse against which there is little recourse."

Expert Contrasts Key Piracy Cases

The DNS resolver is supported by the German Society for Freedom Rights (GFF), which commissioned Prof. Dr. Ruth Janal to prepare an expert opinion. The report concludes that intermediaries such as Quad9 should't be held liable for third-party copyright infringement.

According to the professor, Sony Music's arguments and the lower court's decision equate the DNS resolver to content hosting platforms such as YouTube and Uploaded, whereas Quad9 is more akin to a mere conduit service, in the sense that it simply passes on bits.

Germany's Federal Court previously ruled that hosting services can indeed be held liable for copyright infringement (e.g. YouTube/Uploaded) but the same logic shouldn't apply to a DNS provider, Professor Janal argues.

As a mere conduit service, courts could require Quad9 to take action through a "no-fault" injunction, a process that's already used in ISP blocking orders. In those cases, however, the intermediary isn't held liable for pirating users.

Specifically, a recent court order in Germany concerning Sci-Hub clarified that these types of blockades are only warranted if all other options have been exhausted. That includes going after a website's hosting provider.

'Sony Should Go After the Hosting Company'

GFF project coordinator Felix Reda, who previously served as a Member of the European Parliament for the Pirate Party, notes that Sony failed to go after the hosting company in this case.

"Crucially, Sony did not seek an injunction against the EU-based hosting provider of the website at issue in its lawsuit against Quad9 either," Reda informs TorrentFreak.

"The expert opinion by Prof. Ruth Janal finds that clearly, Quad9 is a type of mere conduit service like ISPs and must therefore be treated on the basis of the rules of no-fault injunctions, which only allow DNS blocking if all options to bring the infringement to an end at the source have been exhausted," Reda adds.

The music company is yet to publicly share its view on the case. Sony and other rightsholders will likely put forward their own expert reports arguing that blocking is both warranted and reasonable.

High Stakes

There is no denying that the stakes are high in this case. Quad9 and GFF fear that if DNS providers can be held liable rather than there being "no-fault", they may choose not to oppose blocking requests going forward.

"If DNS services were treated as wrongdoers, the financial risk of opposing a blocking request would be so high that they would have little other choices than to comply with any blocking request without taking the issue to court," Reda says.

While there can be good reasons to block a site, doing so with court oversight helps to prevent over-blocking by considering the rights of service providers, copyright holders, and the general public.

For their part, rightsholders believe that third-party intermediaries should take responsibility. When DNS providers risk being held liable, action is guaranteed.

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

 
 
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