Saturday, December 9, 2023

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RIAA Files Massive 'Repeat Infringer' Copyright Lawsuit Against U.S. ISP Altice
Andy Maxwell, 09 Dec 05:56 AM

record-piracyOn December 14, 2022, a group of music rightsholders including BMG, UMG, and Capitol filed a complaint at a Texas district court, accusing Altice, the parent company of ISP Optimum, of facilitating massive copyright infringement.

Just days ahead of that lawsuit's one-year anniversary, Altice now finds itself fighting a second and substantially similar lawsuit, filed by 49 member labels of the RIAA at the same Texas court.

Different Plaintiffs, Same Underlying Allegations

Filed at the United States District Court for the Eastern District of Texas, the complaint has Warner Records, Sony Music, plus another 47 recording labels, alleging contributory and vicarious copyright infringement against Altice, owner of ISP Optimum.

The ISP "knowingly contributed to, and reaped substantial profits from, massive copyright infringement committed by thousands of its subscribers" the labels claim.

By now the base allegations are very familiar. The labels claim that many of the ISP's 200,000 Texas-based subscribers used Altice's network to "directly and repeatedly infringe" the plaintiffs' copyrights by sharing their musical works on BitTorrent networks. After failing to suspend or terminate the accounts of these customers, even after receiving multiple notices of their infringing activity, the plaintiffs say that Altice must now be held to account.

"Specifically, Plaintiffs seek relief for claims that accrued between December 2020 – December 2023…for infringement of works by Altice subscribers after those particular subscribers were identified to Altice in multiple infringement notices," the complaint notes.

Egregious Repeat Infringers

To highlight the extent of infringing conduct by Altice customers, the complaint provides information on three "egregious repeat infringers" believed to be located in Tyler, Athens, and Jacksonville respectively.

Identified only by an IP address, the first subscriber was reportedly caught distributing (uploading) copyrighted works owned by the plaintiffs over 75 times between January 2023 and March 2023. A second subscriber was observed uploading the labels' copyrighted works over 70 times between August 2021 and April 2023, while a third was caught over 100 times between December 2021 and June 2022.

The plaintiffs say that in all three cases and for each instance of observed infringement, notifications were sent to Altice advising the ISP that infringement was ongoing. According to the labels, no action was taken to either suspend or terminate the accounts of these and other repeat infringers, despite the ISP having the right and ability to do so.

Infringement Contrary to Altice Policies, and the Law

The labels claim they were forced to file a lawsuit against Altice because the ISP "has gone out of its way not to take action against subscribers engaging in repeated copyright infringement, at the expense of copyright owners."

The complaint alleges that Altice's failure to take action stands contrary to its own policies.

The company's 'Copyright Infringement Policy' states that subscribers must not "store, distribute or otherwise disseminate" content in a manner that infringes third-party intellectual property rights. The labels claim that Altice failed to follow its own rules which state that its response to infringement may include account suspensions or terminations "in appropriate circumstances."

"[A]ltice knew that its subscribers routinely used its networks for illegally downloading and uploading copyrighted works, especially music," the complaint continues.

"Plaintiffs repeatedly notified Altice that thousands of its subscribers were actively utilizing its service to infringe Plaintiffs' copyrighted works. Those notices gave Altice the specific identities of its subscribers engaged in copyright infringement, referred to by their unique Internet Protocol or 'IP' addresses. Altice also received millions of notices from other copyright owners, some of which undoubtedly addressed the same subscribers as Plaintiffs' notices."

No Safe Harbor Under DMCA

According to the complaint, between February 2020 through November 2023, the plaintiffs sent 70,000 DMCA-compliant copyright infringement notices which detailed specific infringements carried out by specific Altice subscribers using P2P protocols including BitTorrent.

Previously, evidence was supplied by anti-piracy company Rightscorp but in this case monitoring was carried out by OpSec LLC, previously known as MarkMonitor.

Using proprietary technology, OpSec's system connected with Altice subscribers using P2P software and confirmed, in each instance, (1) that the subscriber was online, (2) that the subscriber was running a file sharing program, (3) that the subscriber told OpSec that it possessed a confirmed infringing file, identified by a unique "hash" value, and (4) that the subscriber in fact began to distribute the confirmed infringing file, identified by unique "hash" value. OpSec also verified the file hashes to confirm that Plaintiffs' copyrighted works were being distributed. Once OpSec had collected this evidence of infringement, OpSec generated and sent a notice of infringement to Altice.

"Put another way," the complaint continues, "while Plaintiffs undertook the burden and responsibility of monitoring Altice's network for infringement of Plaintiffs' copyrighted works, only Altice could take action against its subscribers for violating Altice's own Copyright Infringement Policy and Terms of Service by infringing Plaintiffs' works."

Instead, the labels add, Altice turned a blind eye to massive infringement, despite knowing which subscribers were engaged in repeat infringement while having the right and ability to end it, including by suspending or terminating their accounts.

Contributory and Vicarious Copyright Infringement

The complaint describes Altice as a willful, intentional, and purposeful contributory infringer, and therefore liable for the direct infringements carried out by its subscribers. The labels seek up to $150,000 in statutory damages for each infringement or an amount to be determined at trial.

The labels say that Altice is also liable as a vicarious infringer after deriving "an obvious and direct financial benefit from its customers' infringement" including through the collection of "illicit revenue" from subscribers who should've been suspended but were not. Again, the labels seek up to $150,000 in statutory damages for each infringement or an amount to be determined at trial.

The complaint is available here (pdf)

Full list of plaintiffs as follows:

Warner Records Inc.
Atlantic Recording Corporation
Atlantic Records Group LLC
Bad Boy Records LLC
Big Beat Records Inc.
Elektra Entertainment Group Inc.
Fueled by Ramen LLC
Lava Records LLC
Maverick Recording Company
Nonesuch Records Inc.
Rhino Entertainment Company
Rhino Entertainment LLC
Roadrunner Records, Inc.
Rykodisc, Inc.
Warner Music Inc.
Warner Music International Services Limited
Warner Music Nashville LLC
Warner Records/QRI Venture, Inc.
Sony Music Entertainment
Arista Music
Arista Records, LLC
LaFace Records, LLC
Sony Music Entertainment US Latin LLC
Ultra Records, LLC
Volcano Entertainment III, LLC
Zomba Recording LLC
Warner Chappell Music, Inc.
Cotillion Music, Inc.
Gene Autry's Western Music Publishing Co.
Golden West Melodies, Inc.
Intersong U.S.A., Inc.
Unichappell Music Inc.
W Chappell Music Corp.
W.C.M. Music Corp.
Warner-Tamerlane Publishing Corp.
Sony Music Publishing (US) LLC
Colgems-EMI Music Inc.
EMI April Music Inc.
EMI Blackwood Music Inc.
EMI Consortium Music Publishing, Inc.
EMI Consortium Songs, Inc.
EMI Entertainment World Inc.
EMI Gold Horizon Music Corp.
EMI Miller Catalog Inc.
EMI Mills Music Inc.
EMI Robbins Catalog Inc.
EMI U Catalog Inc.
EMI Unart Catalog Inc.
Famous Music LLC
Jobete Music Co., Inc.
Screen Gems-EMI Music Inc.
Stone Agate Music
Stone Diamond Music Corp.

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

Piracy Shield: Pirate IPTV Killer Goes Live, No Casualties to Report….Yet
Andy Maxwell, 08 Dec 04:14 PM

Bigtech-sWhen Italian lawmakers finally passed new law in the summer designed to crack down on pirate IPTV providers once and for all, powerful Serie A football clubs, broadcasters, and influential business associates, breathed a joint sigh of relief.

The tools needed to avert the imminent destruction of Italian football had finally been enshrined in law following a massive lobbying and media campaign.

Four years earlier, a similar 'Piracy Kills Football' campaign launched to dire warnings that the destruction of Italian football was imminent then. Yet somehow, against all odds, football somehow managed to survive before coming face to face with another crisis.

That's one of the interesting things about anti-piracy campaigns and subsequent lobbying; fortunes can suddenly pivot in unexpected ways, despite whatever was claimed earlier.

piracy-kills-football

Massive IPTV Takedowns Boost Illegal Consumption?

For example, as Italian football faced imminent demise between 2019 and 2021, authorities announced unprecedented success after raids reportedly "blacked out" an estimated 80 percent of the illegal IPTV flow into Italy. Just six months later in early 2022, authorities reportedly "dismantled" an IPTV operation servicing 500,000 subscribers and then followed up by shutting down another with 900,000 subscribers a few months later.

Running parallel to these huge successes, reported consumption of pirate IPTV services in Italy apparently increased year-on-year according to studies commissioned by rightsholders. Italian football was again facing a worst-case scenario if piracy couldn't be brought under control.

Only Massive IPTV Blocking Can Save Football

When rightsholders want new powers that most governments don't award themselves, Armageddon can suddenly find itself more imminent than ever before with implications for entire countries. On the plus side, solutions are usually available to end the nightmare, if only the law permitted their use.

This summer a long process to convince anyone who mattered that technologically advanced internet blocking, carried out on an unprecedented scale, needed to be authorized by law, came to an end. New legislation was signed, and quickly approved by telecoms regulator AGCOM.

All rightsholders had to do was roll out their anti-piracy system to show it could do all the things people claimed it could do, and get ready to take out the pirates.

For reasons that still haven't been made clear, the full system was nowhere near ready. It still wasn't ready at the start of the new football season on August 8 despite monitoring capability having been fully operational for years.

At the end of August, an insider acknowledged the delay and then added that the system was "insane" and would "solve digital piracy" when it launched in September or October. A technical roundtable did go ahead in early September, but there was no launch in September and no launch in October either.

Now dubbed 'Piracy Shield' the system had to launch no later than yesterday, December 7, 2023.

Definitely No Laws Broken, Piracy Shield is Now Active

As reported by DDAY.it, telecoms regulator AGCOM informed Italy's ISPs that Piracy Shield would go live on December 7, as required by law. And it did – albeit with a couple of tiny caveats.

"According to our information, Agcom has sent notification to all providers that the platform is finally online and at the same time has activated on its website, via SPID, the authentication procedure for users who will have to use the platform," DDAY.it reports.

"However, active does not mean fully operational and automated, because the feeling is that ISPs may still need some time to integrate the mechanisms that avoid human intervention."

Only during the last few days have Piracy Shield operation manuals been sent out to those authorized to file copyright complaints and those tasked with executing the blocks, Italy's ISPs.

"For security reasons, it is likely that providers will still take a few weeks to carry out all the implementations at a technical level, although the timing obviously changes from provider to provider: the larger ones are certainly better equipped and could be ready in a very short time," DDAY.it concludes.

Just in Time For Tonight's Big Game

Tonight's big game between Juventus and Napoli, a classic north/south rivalry in Serie A, is what the beautiful game is all about. All games in Serie A are important, but matches like this elevate heart rates and as passions soar, Serie A needs fans to go legal and support the sport, despite cheaper yet illegal offers already on the table.

Before Piracy Shield even existed as a market-ready product, big claims about what this type of system could achieve were regular parts of the discussion. There's no question that those tasked with ensuring its competence in a live environment have relevant experience and will do whatever is reasonably possible. Unfortunately, some lofty claims made over the past 12 months have set an unreasonably high bar that in practical terms will be hard to achieve.

That IP address lists pertinent to tonight's game may end up being circulated via text files and then blocked manually by ISPs, is a far cry from the glittering promises made during the past year. But these are still early days and the fight against IPTV piracy is a marathon event, not a sprint.

That being said, the coming months will be pivotal. Piracy Shield simply has to deliver but how that will be measured is far from clear. Reporting how many streams it blocks seems a likely candidate, but the real test lies in TV subscriber numbers, which are directly linked to fans' willingness to pay, not necessarily the availability of pirate streams.

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

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