Friday, May 19, 2023

TorrentFreak's Latest News

 

Anti-Piracy Program Accused of Violating Citizens' Fundamental Rights
Andy Maxwell, 19 May 10:26 AM

Pirate KeyWhen the French government formed a new anti-piracy agency called Hadopi, the mission was to significantly disrupt BitTorrent and similar peer-to-peer file-sharing networks.

Hadopi was a pioneer of the so-called "graduated response" scheme which consists of monitoring a file-sharer's internet activities and following up with a warning notice to deter their behavior. Any future incidents attract escalating responses including fines and internet disconnections. Between 2010 and 2020, Hadopi issued 12.7 million warning notices at a cost to French taxpayers of 82 million euros.

The program's effect on overall piracy rates remains up for debate but according to French internet rights groups, Hadopi doesn't just take citizens' money. When it monitors citizens' internet activities, retains huge amounts of data, and then links identities to IP addresses to prevent behavior that isn't a "serious crime," Hadopi violates fundamental rights.

Protecting Rights

Despite its authorization under the new law, the official launch of the Hadopi agency in 2009 met with significant opposition. File-sharers had issues with the program for obvious reasons but for digital rights group La Quadrature du Net, massive internet surveillance to protect copying rights had arrived at the expense of citizens' fundamental right to privacy.

La Quadrature's opposition to the Hadopi anti-piracy program focuses on the law crafted to support it. One of the implementing decrees authorizes the creation of files containing internet users' IP addresses plus personal identification data obtained from their internet service providers.

According to the digital rights group's interpretation of EU law, that is unlawful.

Legal Challenge in France

With support from the Federation of Associative Internet Service Providers, French Data Network, and Franciliens.net, in 2019 La Quadrature filed an appeal before the Council of State (Conseil d'État), requesting a repeal of the decree that authorizes the processing of personal information.

The Council of State referred the matter to the Constitutional Council and its subsequent decision gave La Quadrature the impression that Hadopi's position was untenable. For their part, Hadopi and the government reached the opposite conclusion.

Legal Challenge Reaches CJEU

The Council of State heard La Quadrature's appeal and then referred questions to the Court of Justice of the European Union (CJEU) for interpretation under EU law.

EU member states cannot pass national laws that allow for the general and indiscriminate retention of traffic and location data. As a "preventative measure" on a targeted basis, retention of traffic and location data is permitted, but only when the purpose of retaining the data is to fight "serious crime."

In CJEU Advocate General Szpunar's non-binding opinion issued last October, friction between privacy rights and the ability to enforce copyrights were on full display.

Hadopi vs. Fundamental Rights

AG Szpunar described Hadopi's access to personal data corresponding to an IP address as a "serious interference with fundamental rights." These data points may not be sensitive in isolation but when combined, a person's identity finds itself attached to the IP address and the content that was accessed behind it.

However, in common with criminal cases where retention is permitted when an IP address is the only means of investigation, the AG concluded that the same should apply in Hadopi's case, "short of accepting general impunity for offenses committed exclusively online."

Faced with an opinion that recognizes difficulties faced by rightsholders but runs up against case-law, AG Szpunar proposed "readjustment of the case-law of the Court." This would ensure that rightsholders retain the ability to enforce their rights, when an IP address is the only means by which an infringer can be identified (CJEU, pdf).

The first hearing in the case took place on Tuesday with another legal opinion expected late September 2023.

The CJEU is expected to hand down its ruling before the end of the year.

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

ACE Coalition Splits AtomoHD as Spain's Piracy Pain Persists
Andy Maxwell, 18 May 08:47 PM

ace logoJust three short months ago, Spanish pirate site users were still coming to terms with bad news.

Private torrent sites Pixelados/HD-Spain were fan favorites in Spain, with localized HD movies and TV shows in plentiful supply. Then suddenly, they were gone.

It was later revealed that pressure applied by the Alliance for Creativity and Entertainment, which included a credible threat of legal action, persuaded the sites' operator to throw in the towel. It's a story that's played out many times in recent years and led to the closure of hundreds of sites.

ACE revealed another blow for Spanish pirates earlier today.

AtomoHD Splits Under ACE Pressure

AtomoHD (Atom HD in English) appeared as a newcomer in 2020 but in less than three years, ACE says the platform received 235 million visits, averaging 9.7 million visits per month. Less than 10% of the site's visitors were located outside Spain so its recent disappearance will be felt most acutely in the local market. The site's operators reportedly live elsewhere.

"AtomoHD was launched in 2020 by a group of individuals, some of whom had prior convictions in Spain for intellectual property infringement and to evade justice, fled to Andorra," ACE reports.

"AtomoHD enabled users to illegally stream and download content from a VOD library of more than 13,000 movies and 4,500 TV series in Spanish and other languages. The pirated content impacts all ACE members."

Precise Terms of Shutdown Unclear

For the governing board members of ACE, currently Amazon, Apple TV+, NBCUniversal, Netflix, Sony, Paramount, Disney, and Warner Bros, the shutdown of AtomoHD represents another success, one shared with the 50+ companies that make up the coalition's general membership.

"This takedown represents yet another major victory by ACE over illegal content distributors," says Jan van Voorn, Executive Vice President and Global Content Protection Chief of the Motion Picture Association and Head of ACE. "It is increasingly clear that major criminal operators like AtomoHD are not immune from ACE's enforcement actions."

The precise terms of the AtomoHD shutdown are unknown but domain transfers are definitely involved. ACE says the platform has around 60 domains and as far as we can tell, the following domains are already under new ownership:

atomohd.nl, atomohd.care, atomixhq.xyz, atomixhq.club, atomohd.vip, atomohd.win, atomohd.vet, atomohd.yt, atomohd.ninja, atomohd.surf, atomohd.fans, atomohd.live, atomtt.com, atomohd.tw

Visitors to AtomoHD's Telegram channel are greeted by a long list of alternative or replacement AtomoHD domains, with new ones posted on an irregular weekly/biweekly basis. The final announcement was made on April 28, with no new domains announced since then – on Telegram at least.

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

 
 
Powered by Mad Mimi®A GoDaddy® company

No comments: