Thursday, August 17, 2023

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Manga Piracy Apps Stay Up on Google & Apple, Publisher Moves to Unmask Devs
Andy Maxwell, 17 Aug 12:38 PM

mangaJapanese manga comics remain massively popular online but with that comes high levels of piracy that publishers are struggling to contain.

On top of dedicated websites pulling in tens of millions of visits each every month, there's a thriving market of Android and iOS apps offering premium manga content for free but without appropriate licenses.

Many of these apps, especially those Android-based, are made available outside official app ecosystems, but some still make their way onto Google Play and Apple's App Store, with all the convenience that entails. To have the apps removed, publishers file takedown notices with Google and Apple but as recent court documents suggest, takedown notices aren't always successful.

Kadokawa Sent Takedown Notices, Apps Stay Up

On June 16, 2023, manga publisher Kadokawa sent two takedown notices, one to Google and another to Apple. In broad terms the notices are identical, the only differences being the recipient and links to the content to be taken down.

Kadokawa takedown notice (Apple)kadokawa-apple takedown

The notice sent to Google lists works by manga artist Kugane Maruyama and requests the removal of two apps; one titled 'SuA Manga Đọc truyện tranh' and another titled 'Mangalek'.

google-play-manga-1

The takedown notice sent to Apple lists three works by two manga artists – Shachi Sogano and Patora Fuyuhara – and requests the removal of three apps: 'Manga Reader: Comic & Webtoons', 'Manga Reader: Top Manga Here', and 'Manga Reader – Comics and Novels'.

apple-manga-2

Whether these takedown requests are more complex than they first appear is unknown, but it seems that neither Google nor Apple removed the apps in question. At the time of writing they remain available both on Google Play (1,2) and Apple's App Store (1,2,3).

Kadokawa Files DMCA Application at California Court

It's possible that Kadokawa always intended to take further action, whether its takedown notices were effective or not. In any event, the manga publisher has now filed requests with a California court to compel both Apple and Google to hand over the identities of the apps' developers.

The information requested from both companies is broadly the same and comprehensive. (Apple request shown below)

– Any and all information showing all names, addresses (including postal codes and addresses used for address (PIN) verification, e-mail addresses (including email addresses used for recovery or other purposes), and telephone numbers (including, but not limited to, those required for Apple account registration);

– Any and all information showing access log (including dates, times, IP addresses, and access type) of each of the Infringer's Accounts, including access log along with timestamp for each login (namely, login history);

– Any and all information showing (a) all names, telephone numbers, and addresses (including postal codes), any payment method, including but not limited to credit card holders, bank accounts, registered with; and (b) the type of the payment method and the name of the company or financial institution associated with such payment method registered with any and all of the Infringer's Accounts.

Publicly available information suggests that some of these apps and/or their developers may have links to full-blown pirate sites, so any information obtained here may prove useful in progressing investigations elsewhere.

Kadokawa's DMCA subpoena application can be found here (Google 1,2 / Apple 1,2,3, pdf)

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

'Z-Library 'Fugitives' Should Be Brought to Trial in The United States'
Ernesto Van der Sar, 16 Aug 10:20 PM

zlibraryLast fall, the U.S. Government temporarily took down Z-Library, one of the largest book piracy operations in the world.

The feds seized the site's main domain names and arrested two alleged Russian operators of the site, who now find themselves at the center of a criminal investigation.

This enforcement action came as a shock to millions of Z-Library users but the shadow library eventually recovered and remains online today. However, that doesn't mean that the two alleged operators are out of trouble, on the contrary.

After their arrest in Argentina, Anton Napolsky and Valeriia Ermakova remained in the country and both are actively resisting extradition to the United States.

Motion to Dismiss

In addition to the extradition proceeding, the alleged Z-Library operators also retained U.S. attorneys earlier this year. In June, these defense lawyers asked the New York federal court to dismiss the criminal indictment.

The motion argued that the allegations are not sufficient to support a criminal prosecution in New York, and that the fraud and money laundering claims are not sufficient to establish jurisdiction in the United States.

The defense also pointed out that the claims lack specificity, as they fail to allege that Napolsky and Ermakova 'reproduced' or 'distributed' books in the United States. In fact, the indictment doesn't mention any specific copyrighted works.

U.S. Government Responds

This week, United States Attorney Breon Peace responded to the motion to dismiss. Without going into the merits, the U.S. argues that the defendants' request should be denied because they are officially fugitives.

"The defendants are fugitives who have chosen to avoid the reach of this Court by remaining in Argentina. Until they submit to the jurisdiction of the United States, they have no ability to compel this Court to consider the present Motion—or any type of motion," Peace writes.

The U.S. Attorney relies on the fugitive disentitlement doctrine, which aims to prevent defendants from seeking relief in a U.S. court while refusing to come to the U.S. to answer the charges against them.

The defense anticipated this counter and cited a case against French banker Muriel Bescond, where the doctrine didn't apply. However, the U.S. argues that the Z-Library defendants are different, as they are not in their home country and actively concealed their identities.

"Unlike Bescond, the defendants were not openly doing their jobs. To the contrary, no public information tied them to Z-Library or made evident that this purported online library was run by Russian nationals relying on customer donations to enrich themselves and make personal purchases.

"Moreover, the defendants were apprehended in a remote region of Argentina and have no citizenship rights in Argentina, in stark contrast to Bescond," the U.S. Attorney adds.

'Merits Fail Too'

The prosecution believes that the fugitive disentitlement doctrine is sufficient to deny the motion to dismiss, without considering its merits. And if the court decides otherwise, it should be denied for a myriad of other reasons.

These include allegations that the defendant's criminal conduct relied on U.S. companies and services.

"At trial, the government will prove that the defendants used servers in the United States to fuel their criminal copyright scheme. Without access to the computing power, bandwidth and other functions of these U.S.-based servers, the defendants could not have carried out their criminal copyright scheme."

deny

The U.S. Government admits that several claims are not directly tied to the Eastern District of New York. However, that doesn't means that the case should be dismissed, it can be transferred instead.

"If the defendants are unwilling to waive venue, the government will pursue trial on Counts Three and Four in the courts where venue lies—and the defendants can face multiple trials regarding the same conduct."

"In that case, the Court has the inherent authority to transfer the case to the appropriate districts where venue may lie," U.S. Attorney Peace adds.

Since the parties have opposing views on the matter, the court must decide whether the motion to dismiss should be granted or not.

A copy of the U.S. Government's memorandum of law in opposition to the motion to dismiss is available here (pdf)

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

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