Monday, June 12, 2023

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No Trial Today or Ever: YouTube Content ID Lawsuit Dismissed at 11th Hour
Andy Maxwell, 12 Jun 12:42 PM

Sad YouTubeAccording to the original complaint filed July 2, 2020, this was a case about "copyright piracy" and how YouTube, the largest video-sharing website in the world, plays host to huge numbers of videos infringing on the rights of copyright holders.

It was a case about how YouTube facilitates and induces a "hotbed of copyright infringement" through its development and implementation of a copyright enforcement system called Content ID, a system that protects powerful copyright owners yet denies ordinary creators any "meaningful opportunity" to enforce their rights.

It was a case about how this system maximizes YouTube's profits but bars the platform from claiming safe harbor protection under the Copyright Act. Rather than terminating repeat infringers, the system provides them with cover, the lawsuit claimed.

11th Hour Issues Prompt Weekend Filings

Starting today, these claims would've been heard before a jury at trial in California.

On Saturday, plaintiffs Maria Schneider, Uniglobe Entertainment, and AST Publishing moved the Court for leave to dismiss without prejudice all of AST Publishing's claims against YouTube, Uniglobe Entertainment's claims based on foreign works, and Maria Schneider's claims relating to Copyright Management Information (CMI).

The plaintiffs had hoped to pursue the litigation as a class action, but on May 22, the Court denied class certification. In their motion filed Saturday, the plaintiffs say this changed their views about how best to prosecute the case; YouTube's repositioning was on display May 25 when it withdrew its safe harbor defense.

The plaintiffs say they reached an agreement with YouTube for a stipulated dismissal of claims without prejudice, but last Friday, YouTube reversed course.

"Through the good-faith efforts of Plaintiffs, and guided by the advice of the Court, the parties came to an agreement to significantly narrow the issues remaining to be tried before the jury. Defendants should not now be allowed to renege on the agreement that they made with Plaintiffs and that was the basis of the trial plan submitted to and adopted by the Court," their motion reads.

Jury Trial Scheduled To Begin Today

Following earlier events plus those on Friday, Saturday and finally Sunday, the claims in this lawsuit won't be heard today, tomorrow, or any other day in the future. After almost three years of litigation, it is all over.

"Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiffs Maria Schneider, Uniglobe Entertainment, LLC, and AST Publishing, LTD, and Defendants YouTube, LLC and Google LLC, hereby stipulate to the dismissal of the action," the parties' stipulation of dismissal dated Sunday reads.

"All claims that Plaintiffs raised or could have raised in this action are dismissed WITH PREJUDICE. Each Party will bear its own costs, expenses, and attorneys' fees."

schneider-youtube-dismissal

Related documents can be found here (1,2,3, pdf)

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

How Premier League's IPTV Piracy Blocking Was Undermined
Andy Maxwell, 11 Jun 07:24 PM

footballIn the wake of the 30+ year prison sentences handed down to the people behind Flawless IPTV, we've been exploring various aspects of the service's operations and the extraordinary effort expended by the Premier League to bring Flawless down.

While no single facet of Flawless' operations can explain why such punitive sentences were considered appropriate, the emphasis on the service's efforts to undermine the Premier League's ISP blocking program played no small part.

One of the key aims of the blocking program is to prevent football fans in the UK from watching games played in the UK at 3:00pm on Saturday. This 'blackout' only affects viewers in the UK; the plan at Flawless was to enable UK football fans to enjoy these games by offering 3:00pm games played in the UK yet only available legally in other countries.

ISP Blocking Program

By offering access to 3:00pm kick-off games, Flawless had a product that wasn't available to buy in the UK. Fans loved the service but in the background, the Premier League was pulling out all the stops to prevent fans from accessing it.

Birmingham-based anti-piracy company Friend MTS was tasked with monitoring the internet for pirated Premier League streams. However, just like anyone else, the company needed to access the services offering those streams so that server locations could be identified and sent to ISPs Sky, Virgin, BT, TalkTalk, EE, and Plusnet for subsequent blocking.

Using covertly purchased Flawless subscriptions supported by watermarking technology, in 2017 Friend MTS was able to identify specific Sky viewing cards used by Flawless and trace those cards directly to Flawless kingpin Mark Gould. Sky responded by canceling the cards, but the cat-and-mouse game would continue.

A Mole Inside Friend MTS

Our 2019 article provided significant detail on the blocking program, including that information was being leaked from inside an anti-piracy company. We knew that company was Friend MTS, but only more recently did it become clear why the company rejected our requests for comment.

In April 2018, a person who identified themselves as 'Bill' opened a support ticket at Flawless. Claiming to work at Friend MTS, 'Bill' said that in return for payment via bitcoin, he would provide information from inside the company that would allow Flawless to identify the usernames and passwords of accounts used to obtain information on their service.

It later emerged that 'Bill' was Zak Smith, a Friend MTS employee who went on to supply Flawless with crucial information on the blocking system and other sensitive material from inside the company. Information handed over included a list of covert subscriptions and the payment methods used by the anti-piracy company to acquire them – PayPal accounts and scans/photographs of credit/debit cards, among others.

Blocking the Blockers

Using information already in Flawless' possession, enhanced by the information detailed above, the IPTV provider was able to turn the tables by blocking Friend MTS IP addresses from the Flawless service. Not that the anti-piracy company was initially aware of that.

Through the development and use of a custom script, when the anti-piracy company attempted to access the Flawless service, to obtain IP addresses to be forwarded to ISPs for subsequent blocking, Flawless diverted those requests to servers operated by rival pirate IPTV services.

That meant that any IP address and related server/hosting information obtained during the sweep was actually related to services other than Flawless. When IP addresses were forwarded to the ISPs for blocking, rival IPTV providers were blocked, not Flawless itself.

The Beginning of the End

When arrests of those behind Flawless began in May 2018, information obtained from seized devices revealed the existence of 'Bill' and the information he'd supplied to Flawless. Knowing the information had come from inside Friend MTS, the company launched an investigation.

Comparisons were made between the times that data was leaked to Flawless and the company's security systems which logged people in and out of the building, recording times and dates. With suspicion mounting that Bill was Zak Smith, attention turned to photographs 'Bill' had sent to Flawless.

In addition to confidential information, these photographs accidentally captured details of equipment and the office itself. 'Bill' was arrested under his real name on August 7, 2018, and pleaded guilty in February 2020. He was not sentenced with the others late last month, with reports indicating that a warrant had been issued for his arrest.

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

 
 
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