Saturday, August 12, 2023

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IP Address Blocking Banned After Anti-Piracy Court Order Hit Cloudflare
Andy Maxwell, 11 Aug 10:07 PM

Page BlockedWith momentum building in favor of pirate site blocking measures elsewhere in Europe, Austrian ISPs took their opposition all the way to the country's Supreme Court.

Despite concerns over the implications for net neutrality, rightsholders' interests prevailed. Like many of their foreign counterparts, Austrian ISPs soon found themselves compelled by court order to block torrent and streaming sites, those offering unlicensed musical works, plus scientific article and textbook repositories.

Domain/DNS Blocking Received Surprise 'Upgrade'

For years Austrian ISPs had deployed DNS blocking in response to court orders but in the summer of 2022, everything changed. New pirate site blocking orders not only contained domain names to be blocked, but also a list of IP addresses.

When the ISPs discovered that the IP addresses belonged to Cloudflare, arms were thrown up in despair. With no opportunity to contest the court-ordered blockades, ISPs had no other choice than to block the IP addresses, rendering countless innocent sites using Cloudflare inaccessible.

While this disruption was controversial and avoidable, the long term effect should be more positive.

IP Address Blocking Violated Net Neutrality

In a series of reports published this week, local telecoms regulator Telekom Control Commission (TKK) states that the IP address blocks implemented last August amounted to net neutrality violations under EU law.

"In a decision dated August 7, 2023, the Telekom Control Commission decided on the admissibility of blocking networks by [various local ISPs] based on a warning from the rights holder SATEL Film GmbH in accordance with Section 81 (1a) UrhG," one of the reports begins.

"The provider mentioned had set up DNS access blocks on the one hand and an IP access block on the other in its network at the end of August 2022. With regard to the DNS access blocks, no current violation of Art 3 Para 3 VO (EU) 2015/2120 was found and the procedure was discontinued in this respect.

"With regard to the blocking of access to the IP address 190.115.18.20, the Telekom Control Commission found a violation of Article 3 Paragraph 3 of Regulation (EU) 2015/2120, because the IP access block poses the risk of 'overblocking' any website content."

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In a follow-up announcement, TKK said that, since DNS-based blocking is generally sufficient to protect rightsholders, that will be the only method available to them moving forward.

Protecting Net Neutrality

After declaring IP address-based blocking prohibited in Austria, TKK explained its reasoning to a background of net neutrality and freedom of expression on the Internet.

"Since countless websites can be accessed from a single IP address, the risk of blocking websites or Internet services of uninvolved third parties is particularly high in the event of a block," a TKK spokesman said.

"In Austria, network blocks have so far mainly been implemented with so-called 'DNS blocks'. With this type of block, only individual domains are blocked and blocking notices are displayed instead. It is important that this practice is maintained in order to maintain the legally required proportionality in the future."

TKK's commitment to transparency includes publishing all blocking decisions and the domains they affect.

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

Z-Library Petitions U.S. and Argentina to Cease 'Illegal' Criminal Prosecution
Ernesto Van der Sar, 11 Aug 01:50 PM

zlibrary logoWith nearly 14 million books available for download, Z-Library is one of the largest repositories of pirated books on the Internet.

The site has millions of regular readers who find a wealth of free knowledge and entertainment at their fingertips.

Z-Library's very existence was put to the test last November when U.S. law enforcement agencies seized over 200 domain names connected to the site. The site survived this initial crackdown and a new round of domain name seizures in May also failed to take it permanently offline.

Alleged Operators Arrested and Indicted

While the shadow library remains operational, two alleged operators of the site are in serious trouble. Following an FBI investigation, the authorities identified Russian nationals Anton Napolsky and Valeriia Ermakova as prime suspects. The pair were arrested in Argentina last year and now face potential extradition to the United States.

According to the U.S., the Russian duo amassed over a million dollars a year through donations, while engaging in criminal copyright infringement, wire fraud, and money laundering,

With extradition proceedings still underway, the defendants have asked the New York federal court to dismiss the criminal indictment. U.S. prosecutors are yet to reply to this motion but in the meantime, the remaining Z-Library team is gathering support for its stance.

Z-Library Petitions U.S. & Argentina

A few hours ago, Z-Library published a petition on Change.org, calling for an end to the 'illegal' criminal prosecution and the restoration of unobstructed access to the shadow library.

The petition is directed at U.S. Attorney General Merrick Garland and Argentina's Minister of Foreign Affairs Santiago Cafiero.

"We call for the restoration of Z-Library and for a fair solution that takes into account both the rights of authors and the need for people to have free access to educational resources. We also demand an end to interference in the digital sovereignty of other countries," it reads.

"In the era of information technology, blocking access to knowledge undermines the basic principles of freedom of information, as guaranteed by the Universal Declaration of Human Rights," the petition adds.

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In addition to books, Z-Library also ensures unauthorized access to dozens of millions of scientific articles. Blocking access to these works seriously undermines academics and the progress of science, the team notes.

Support for the Z-Library Defendants

The petition further suggests that errors were made in the legal process. Specifically, Z-Library alleges that the arrests of the Russian defendants last year took place before approval from the court was secured.

"Their detention occurred without compliance with legal norms and with numerous procedural violations. For example, a court sanction for arrest has been issued after the arrest," Z-Library writes in a separate message to its readers.

These claims are typically something to be brought up by the defense in court. In that regard, the petition is unlikely to lead to any immediate changes but it may help the site to sway public opinion in its favor.

"Today, we are calling on you, our community to stand with us in our fight for the Z-Library project. This project represents more than just a platform; it's a gateway to knowledge for people all over the world," the team stresses.

At the time of writing the petition has been up for a few hours. Thus far, it has gathered a few thousand signatures but considering the massive support the shadow library received in the past, this number could soon run into the tens of thousands.

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

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