Friday, December 8, 2023

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DNS Resolver Quad9 Wins Pirate Site Blocking Appeal Against Sony
Ernesto Van der Sar, 08 Dec 11:16 AM

quad9In 2021 , Sony Music obtained an injunction that ordered DNS resolver Quad9 to block a popular pirate site.

The injunction, issued by the District Court of Hamburg, required the Swiss DNS resolver to block access to a site that links to pirated music.

The name of the targeted site initially remained a mystery, but we deduced that Canna.to was the target. That site was, not coincidentally, also targeted by a voluntary blocking agreement previously signed by rightsholders and ISPs.

The music groups presumably targeted the site to prevent people from circumventing the ISP blockades. However, the non-profit Quad9 Foundation was not happy with this far-reaching measure and fiercely opposed the injunction.

The DNS resolver stressed that it doesn't condone piracy but believes that enforcing blocking measures through third-party intermediaries, that don't host any content, is a step too far.

This initial objection failed; the Regional Court in Hamburg upheld the blocking injunction. However, the case continued at the Higher Regional Court in Dresden where Quad9 managed to turn the case around.

Quad9 Books Key Victory in Court

The Higher Regional Court ultimately concludes that DNS resolvers can't be held liable under German and European law. These services are neutral intermediaries and don't play a "central role" in the copyright-infringing activities of pirate sites.

The court stresses that the DNS resolver doesn't host any pirated content and its users don't make copyright-infringing content available either. DNS resolvers simply translate a domain name request to an IP-address.

"[Quad9] does not initiate this transmission, nor does it select the addressee and the content of the information. It plays a less central role than those who have committed the infringement themselves (site operator) or have contributed to it by providing services (hosting provider)," the court writes (translated).

"The users of [Quad9] do not make infringing content publicly available but at best request it. The defendant does not store this content. It doesn't transmit such content, but only the domain request of a user and the IP address of the server on which this content may be stored."

Since Quad9 doesn't play a "central role" in the copyright infringing activities it can't be held liable. As a result, it can't be ordered by an injunction to block access to the pirate site.

german verdict

The public DNS resolver is pleased with the outcome and immediately removed all blocking measures on its system. This means that all domains of CannaPower, also dubbed the "Queen of Music Warez", are available globally once again.

"Today marks a bright moment in the efforts to keep the internet a neutral and trusted resource for everyone," Quad9 writes while thanking all supporters of its legal efforts.

Summary of the outcome (by Quad9's law firm Rickert.law)
summary

This is the second order of this kind in Germany this fall. Previously, the Higher Regional Court of Cologne concluded that Cloudflare doesn't have to take any measures on its public DNS resolver in response to copyright complaints, as the service operates in a purely passive, automatic, and neutral manner.

Trouble Ahead in Italy

The Dresden court stressed that its decision is final, which means the case cannot go to a higher court. This limits Sony's options to appeal the verdict. However, the trouble for Quad9 isn't over yet.

Over in Italy, Sony Music Italy, Universal Music Italy, Warner Music Italy, and the Italian Music Industry Federation, have recently requested similar DNS blocking measures from Quad9.

The music companies haven't filed a lawsuit yet but want the DNS provider to ban the domain names of three torrent sites: LimeTorrents, KickassTorrents, and Ilcorsaronero. These three targets were not chosen at random. An Italian court previously ordered Cloudflare's DNS resolver to block the same domain names.

Quad9 is determined to fight this blocking request in Italy, but it first wants to make sure that the German case is final. In the meantime, the DNS resolver has complied with the Italian request by blocking the aforementioned torrent sites globally.

A copy of the order from the Higher Regional Court in Dresden is available here (German, pdf) and a machine-translated English copy can be found here (pdf)

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

YouTube, Facebook, & TikTok Won't Discuss Bad Takedowns? Get Over It, They're Busy
Andy Maxwell, 07 Dec 07:40 PM

stupidtv-lBack in August we reported how Google had received requests to remove one billion allegedly-infringing links from its search results. A billion is a big number, especially when it refers to takedown demands received over a period of just nine months.

A few days before we published that report, Google had just processed its seven billionth removal request, having reached six billion less than a year earlier. At the time of writing, just four months after reaching seven billion, Google has already processed another 572,000,000 takedown demands.

And that's only Google search. Content ID claims alone reached 1.5 billion on YouTube in 2021 and that doesn't account for all the removals carried out by Facebook, Instagram, TikTok, X/Twitter, Snapchat and any other platform that springs to mind.

The Situation is Bad and Getting Worse By the Day

Under the Digital Services Act, large online platforms are required to keep the European Commission updated via so-called 'statements of reasons' which detail the circumstances behind the removal of every piece of content from their platforms. These reports are added to an EC database which is made available in the form of a continuously updated transparency report.

For demonstration purposes we extracted all the reasons for removal cited by YouTube in one 24-hour period during the last week and found several related to copyright, including those detailed below.

⦿ Your video has been removed from YouTube for a Terms of Service violation because it is a copy of another video that was previously removed from YouTube due to a copyright removal request that we received.

⦿ Content that shows viewers how to gain unauthorized free access to audio content, audiovisual content, full video games, software, or streaming services that normally require payment is not allowed.

⦿ Due to multiple copyright strikes associated with the videos below, your YouTube channel has now been terminated. Copyright owners can choose to issue legal complaints that require YouTube to take down videos that contain their content. When you have 3 or more copyright strikes, your channel can be terminated.

Other reasons for content deletion unrelated to copyright, and in some cases seemingly more complicated to determine via automated means, were in abundant supply. Those listed below represent just a small sample.

youtubes-reasons

Social media platform Facebook also reports huge numbers of takedowns to the EC. On the handful of days we extracted the company's reports, data protection and privacy violations were very common, along with 'scams and fraud', 'illegal or harmful speech', and 'pornography or sexualized content', the latter often labeled 'synthetic media'.

facebook-ec

Reasons For Removal Vary But All Platforms Are Staggeringly Busy

Depending on the nature of the platform, the reasons for removing content can vary considerably. On the days we took samples, which may not necessarily be representative in a broader analysis, Amazon removed huge numbers of listings for copyright and trademark infringement, violations of electrical/packaging standards, fakes and scams, and general advertising policy violations. Overall, few if any violations were of a personal nature, however.

TikTok, on the other hand, appears to spend a worrying amount of time removing content categorized as 'Violent Behaviors and Criminal Activities', 'Harassment and Bullying', 'Hate Speech and Hateful Behaviors', 'Sexually Suggestive Content', 'Sexual Exploitation and Gender-Based Violence', 'Suicide and Self-Harm' and well, you get the idea. What motivates users to act in this manner is best left to mental health specialists, but it seems that without TikTok's constant moderation, the platform might be completely uninhabitable.

That brings us back to the almost inevitable conclusion that at some point, few if any major platforms will have the resources to deal with abusive takedowns on an individual, human-powered basis, on any meaningful scale. The EU's DSA 'Statements of Reasons' database shows why individual attention is likely to become even more scarce as major platforms deal with a seemingly endless tsunami of takedowns based on a growing list of alleged violations.

Statements YouTube Facebook TikTok Play Store App Store Amazon
2023-12-05 266,075 1,266,522 1,711,077 13,559 718 198,848
2023-12-04 8,429 1,026,290 1,006,839 22,356 616 349,356
2023-12-03 8,539 1,163,831 702,848 20,540 771 271,043
2023-12-02 112,225 1,168,637 678,374 23,512 714 331,126
2023-12-01 207,936 1,230,830 975,141 22,178 698 554,975
2023-11-30 131,499 1,272,435 1,063,963 22,871 734 2,948,318
2023-11-29 172,570 1,305,828 1,050,463 22,184 815 4,511,317
7 Days 907,273 8,434,373 7,188,705 147,200 5,066 9,164,983

When combined, YouTube, Facebook, TikTok, Google Play, Apple's App Store and Amazon reported 25,847,600 takedowns for just one week, each with a statement explaining why the content was removed. But that's only the beginning.

To provide the full picture we would need to add AliExpress, Booking.com, Google Maps, Google Shopping, Instagram, LinkedIn, Pintrest, Snapchat, X/Twitter, and Zalando to the above.

The numbers are big: 11,679,101 statements of reasons were added to the system on December 5 and another 15,519,304 on December 6. During the last week the smallest number of statements filed in a single day was 9,828,619. The image below shows the overall position as of this morning.

EU-DSA-Statements

Those curious to see for themselves can grab daily .csv files weighing in at 5GB/6GB each and containing nothing but text.

After attempting to review just one of these files, it's clear why YouTube struggles with disputes that can't be handled by automation. AI will at some point provide something close to acceptable but until our artificial overlords can provide a credible fair use assessment or recognize when anti-piracy outfits are using crude word-based filters, copyright frustrations will continue as normal.

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

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