Friday, April 21, 2023

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Operation Anime: Full Scale of Anti-Piracy Crackdown Revealed in Japan
Andy Maxwell, 21 Apr 08:45 AM

brazil operation animeAn announcement by the Brazilian government in February revealed that "the two biggest digital anime pirate sites" in Brazil had been "taken down" in Operation 404 offshoot, 'Operation Anime'.

The Ministry of Justice and Public Security said the objective was to "repress crimes committed against intellectual property" on the internet; more specifically, piracy of Japanese cartoons, better known as anime.

The Ministry of Justice reported that the operation received support from the Content Overseas Distribution Association (CODA), an anti-piracy group that protects anime content in Japan and overseas.

While no sites were named at the time, our initial report named Animes-Vision and AnimesOnline among the most likely candidates. We also suspected that the crackdown may have been broader than the authorities in Brazil had stated at the time, with Animeyabu and Animesbr among a growing list of sites apparently heading for the hills.

CODA Confirms True Scale of Operation Anime

For operational reasons, anti-piracy group CODA was unable to comment on the February crackdown as it was taking place, but it is able to do so now. Information made available to TorrentFreak shows that while two of the largest sites were indeed targeted, the scale of the operation went far beyond that.

"From February to March 2023, several malicious piracy sites of Japanese anime in Brazil, including 'goyabu.com' and 'animeyabu.com,' were shut down due to accusations by CODA members," CODA reports.

"These pirate sites were publishing Japanese anime with subtitles in Portuguese, the local language, on the Internet without the proper authorization from the rights holders."

Search in Brazil (Image courtesy of CODA)

CODA operation Brazil-1

As part of Brazil's Operation 404 anti-piracy initiative, Operation Animes was the first crackdown in Brazil against sites specializing in Japanese cartoons, targeted at a local audience. It's also the first time that CODA's members have filed a criminal referral against pirate sites focusing on an overseas market.

Criminal Referral, Raids, Shutdowns

"In November 2022, TOEI ANIMATION CO., LTD., TOHO CO., LTD., and Bandai Namco Filmworks Inc. filed criminal referral through CODA against four pirate sites in Brazil that infringe on Japanese animation," CODA reveals.

"The investigation revealed that two of the sites were opened by the same operator. In response to this, since February 8, 2023, raids and other investigations have been conducted in each of the three cases, and a total of 13 sites have been closed down, including these four sites as well as nine related sites operated by the suspects."

CODA reports that its investigations opened up opportunities for direct confrontations with site operators, also known as "knock-and-talks". The operators of nine sites found themselves involved in these direct negotiations which led to their sites and affiliated sites – 18 in total – being shut down as well.

Scene from Brazil (Image courtesy of CODA)

CODA operation Brazil-2

In total, 31 sites were shut down as a direct result of CODA's involvement, but since news travels fast, the actual number of closures surpasses that.

Knock-On Effects

During a press conference today at the House of Councillors, the upper house of the National Diet of Japan, CODA director Masaharu Ina provided even more detail on the events of February and March. In response to the 31 sites directly shut down, another five sites decided to close voluntarily, making 36 shutdowns in total.

CODA reports that the average monthly traffic for these sites, in the three-month period spanning December 2022 to February 2023, was approximately 83 million visits. The closure of the 36 sites means that 12 of the top 20 most popular anime piracy sites in Brazil, detailed in Mr. Ina's presentation, were removed from the market.

masa-coda-slide anime down

At the time of writing, CODA reports that 22 of 36 domains have been signed over to the anti-piracy group. Many currently direct to the CODA shutdown notice below.

CODA-shutdown notice

With the details of the operation now being made public, it's clear that Operation Anime was indeed bigger than the authorities suggested back in February and it remains ongoing.

Most Domains Being Handed Over, But Not All…

Documents seen by TorrentFreak indicate that there are still some loose ends to tie up, with the operators of five sites (animesonehd.cc, animesonehd.xyz, anizero.site, animesup.biz, animesup.cx) still in negotiations to transfer their domains.

After agreeing to help CODA in future investigations, the operators of two targeted sites will be allowed to keep their domains, but obviously not for piracy purposes. Inevitably, however, a stubborn minority seem happy to risk another throw of the dice.

CODA operation Brazil-3

These photographs were taken when police visited a suspect's home on February 8. His site is believed to have received around 1.3 million visits per month but on this occasion the alleged operator's whereabouts couldn't be established. Despite his site being DNS blocked in Brazil, the slide suggests that may not deter him from his work.

Finally, it's worth noting that despite the strongest of suggestions that the two key sites mentioned in February had been "taken down" by the authorities in Brazil, it now appears that what their press release really meant to say was that the sites' operators somehow learned about CODA's work and decided to shut themselves down.

Since sites as large as those rarely surrender, the stronger, clearer message may have been missed.

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

YouTube Ripper Sends Cease and Desist to Google, Hoping to Stop DMCA Abuse
Ernesto Van der Sar, 20 Apr 10:20 PM

ytmp3The DMCA takedown process allows copyright holders to report infringing content and have it removed or taken down.

It is a powerful tool that takes millions of URLs and links offline every day. In most cases, this happens for a good reason, but some takedown efforts are questionable.

DMCA Takedown Abuse

In recent years there have been numerous examples of clear abuse and impersonations, as revealed through Google's transparency report. Abuse of the DMCA is prohibited by law and can result in legal action; Bungie's $7.7 million lawsuit against an alleged fraudster is one example.

Dubious or erroneous takedown notices are not harmless. Many millions of URLs have already been 'mistakenly' flagged and in some cases the reported links were actually removed from Google's search results.

YTMP3.nu is of the sites that sees itself as a victim of bogus takedown notices. The YouTube ripper is frequently targeted by music industry groups such as the BPI and RIAA, who accuse it of violating the DMCA's anti-circumvention provision. However, it also appears to be targeted by one or more competitors.

The site has spotted several questionable notices that urge Google to remove its URLs, without a proper basis. According to YTMP3.nu, this is the work of rivals who want to remove YTMP3 from search results, in order to improve their own ranking.

Cease and Desist

This activity has been a growing source of frustration for YTMP3.nu's operator. To put an end to the abuse, the YouTube ripper asked its lawyer to send a cease and desist and preservation demand to Google.

According to the letter, YTMP3.nu is willing to take legal action against the alleged fraudsters. In addition, it reserves the right to take further steps against Google if its demands are not met within the stated deadline.

"We write to you on behalf of Our Client because it appears that Google has become an unwitting tool used by third-parties to engage in fraudulent and unfair business practices that are causing Our Client significant damages," the letter starts.

"Our Client is prepared to take immediate legal action against these third parties and, unless Google complies with Our Client's demands herein, Our Client will consider Google to be acting in concert with these third parties in their fraudulent activities and reserves all rights as against Google."

The letter puts Google on notice, claiming that its DMCA takedown process is being used for false and fraudulent takedown notices. According to YTMP3.nu, these are sent by competitors instead of legitimate rightsholders.

Two Examples

One of the highlighted takedown requests was sent under the name "Hale Hoola Hamakua". This person, who apparently resides in Jamaica, lists a track by Damian & Stephen Marley as the copyrighted work, but there's no evidence that the sender is indeed the rightsholder.

In addition, YTMP3 points out that the reported links don't identify a specific copyrighted work on the site. Instead, the notice asks Google to delist the site's homepage.

dmca fraud

The second notice highlighted in the letter doesn't even explain what content is supposedly being infringed. Instead, a company called "DMCA Defense" simply asks Google to remove YTMP3.nu's front page without a reason.

No Legal Basis

The YouTube ripper continues by noting that there is no legal basis for these takedown notices, even if they are being sent by legitimate rightsholders.

YTMP3 states that it merely offers a general-purpose downloading tool, that automates a process that can be carried out with any regular web browser. A similar argument was used by Yout.com in its legal dispute with the RIAA, which is currently under appeal.

Google apparently does nothing to verify whether the senders are actually rightsholders, the letter adds, which makes it potentially liable for the abusive activity.

"By knowingly allowing, accepting, and processing fraudulent takedown notices, especially after specific notice, Google is aiding and abetting the fraud of the submitters of the notices and subjecting itself to potential liability," the letter notes.

YTMP3 Requests DMCA Sender Verification

To put a halt to the fraudulent activity, YTMP3.nu wants Google to start verifying the identities of DMCA notice senders before it takes action. This includes the sender's name, email address, and IP address.

On top of that, the YouTube ripper requests an immediate litigation hold for all information related to takedown notices that target YTMP3.nu URLs. That information may be used in follow-up legal proceedings. The letter gives Google 10 days to implement both requested steps.

google demands

YTMP3.nu is represented by Boston Law Group attorney Val Gurvits, who is also part of Yout.com's defense team, which challenges the legitimacy of the RIAA's claim that YouTube rippers violate the DMCA. The attorney also represented the operator of YouTube rippers FLVto and 2Conv.

A copy of the full cease and desist letter, directed at Google's Copyright Manager, is available here (pdf).

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

 
 
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