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Nintendo Hits Circumvention Tool Linkers With DMCA Trafficking ViolationsAndy Maxwell, 14 Mar 11:00 AM It took less than a week for Nintendo's lawsu

Nintendo Hits Circumvention Tool Linkers With DMCA Trafficking Violations Andy Maxwell, 14 Mar 11:00 AM It took less than a week for Nintendo's lawsuit against the company behind the Yuzu Switch emulator to have the desired effect. After agreeing to hand over $2.4m to Nintendo while complying with the terms of a broad injunction, Tropic Haze LLC evaporated in all but name and its developers drifted away into the night, apologetic and presumably penniless. At least, that's what the paperwork and subsequent announcement implied, give or take. Nintendo: We're Back With plenty of time in the interim to clone the Yuzu repo, many people did, purely for old times' sake. Others still involved with projects related to Switch hacking and emulation had decisions to make, at least based on the theory that things had somehow changed. Some took evasive action, others took steps towards limiting liability, some appeared to do nothing; the usual mixed bag of responses following a big shutdown event. That Nintendo was not too far away comes as zero surprise. Among the targets this week were over 25 GitHub repos offering Sigpatch-Updater, a tool to update SigPatch files created by developer iTotalJustice. In conjunction with a modded console, SigPatches bypass signature verification when games are downloaded digitally, a red line for Nintendo. "The necessity of SigPatches to operate pirated copies of Nintendo's video games is widely discussed in groups dedicated to modifying (hacking) the Nintendo Switch console," Nintendo's lengthy DMCA takedown notice reads. "For example, [redacted by GitHub], a site that instructs users how to modify their Nintendo Switch console, states that 'Signature patches or SigPatches allow your device to bypass signature checks performed by [private] for installed titles," Nintendo notes, before adding the following: Trafficking in circumvention software, such as SigPatches, violates the Digital Millennium Copyright Act of the United States (specifically, 17 U.S.C. §1201) (the "DMCA"), and infringes copyrights owned by Nintendo. Nintendo Gets Reacquainted With iTotalJustice Back in the summer of 2022, a previous set of DMCA notices included one that targeted a repo operated by iTotalJustice. Before it was taken down, the repo contained actual SigPatches and Nintendo makes the same allegation here, albeit with additional detail that broadens the scope beyond actual hosting. "With the iTotalJustice repository reported in this current notice, iTotalJustice is attempting to evade Nintendo's enforcement efforts by providing SigPatches via a link to a third-party website ([private]), rather than including SigPatches in the repository itself," Nintendo writes. "The link is accompanied by the statement 'The patches are downloaded from a new host. Huge thanks to them!' Several of the forks reported in this notice also link to the third-party website [private] to provide SigPatches." Repos removed for trafficking in circumvention devices According to Nintendo, a hyperlink posted to a website that links to another website (not even to the SigPatches themselves), which in turn offers the SigPatch files for download, is illegal under the DMCA when the linker demonstrates knowledge and intent. "Linking to circumvention software is considered 'trafficking' in violation of the DMCA where, as here, the party responsible for the link (a) knows that the offending material is on the linked site, (b) knows that the linked material is circumvention technology, and (c) maintains the link for the purpose of disseminating that technology," the company explains, citing 17 U.S. Code § 1201. Takedown Notice Targets Lockpick A second notice targets a piece of software known as Lockpick. This circumvention tool bypasses Nintendo's security (Technological Protection Measures, or TPM) on the Switch console, providing access to cryptographic keys, including product keys, which are then decrypted and extracted. This allows pirated Switch games to be played on modified consoles or if users prefer, on emulators like Yuzu. Nintendo states that Lockpick is illegal under 17 U.S.C. §1201 and those who facilitate access to it, under the conditions previously outlined for SigPatches, similarly traffic in circumvention software, contrary to the DMCA. These won't be the last notices of their type from Nintendo and another Yuzu-style lawsuit can't be ruled out either. In an article published by Ars earlier this week, the developers behind apparent Yuzu successor 'Suyu' outlined a few of their lawsuit-avoidance strategies. After confirming that Suyu is pronounced "sue-you (wink, wink)" the strategy as outlined doesn't really contain anything that might discourage a fairly litigious Nintendo even slightly. Having read the Contributor License Agreement, it can't be ruled out that the people behind this have a dark sense of humor. Nintendo's notices are available here and here From: TF, for the latest news on copyright battles, piracy and more. Oppenheimer Sees New Online Piracy Surge After Oscar Wins Ernesto Van der Sar, 13 Mar 09:36 PM The Oscars is the most prestigious movie awards show of the year, one that's closely followed by hundreds of millions of movie fans around the world. This year's awards ceremony was no exception. In the U.S. alone, close to 20 million people tuned in to the ABC show on Sunday evening; a four-year record. In today's connected world, news spreads quickly across other entertainment channels. As always, most interest goes out to the big winners. This weekend, Oppenheimer emerged as the clear victor with five Oscars, including the most prestigious "Best Picture". Poor Things and The Zone of Interest followed at a respectable distance with two wins each, followed by the rest of the field of single winners, including Barbie, The Zone of Interest, and Killers of the Flower Moon. The Oscar-Effect In the past we have seen that Oscar wins are not just about prestige, they can also increase sales. This was particularly impactful for titles that are sold separately, as opposed to being part of a streaming bundle. On the flip side, the Oscars can also impact piracy rates. This is something we can measure directly, as we did when the Oscar nominations were announced in January. We saw interest in many contenders rise but with Oppenheimer, there was little impact. At the time, we theorized that Oppenheimer was already widely promoted and seen by many millions of people. As a result, the extra attention from the Oscar nomination didn't move the needle, as it did with 'smaller' titles. When we gathered the new piracy data this Monday and Tuesday, we didn't expect to see a massive boost in piracy activity for Oppenheimer. The fact that high quality pirated copies of the film have been available since November last year only reinforced that assumption. The data show that assumption was incorrect. Oppenheimer Piracy Spikes Post-Oscars Looking through the data we see that Oppenheimer saw a massive 135% increase in downloads on Monday and Tuesday, compared to the same days a week earlier. This made it the second most pirated movie on these days, just behind Damsel which came out on pirate sites a few days ago. This level of interest in a movie that's been out for months is a rarity. The Oscar win convinced many people who hadn't seen it yet to finally give it a go. This effect isn't just limited to pirate sites as Oppenheimer also moved up Apple's movie rental charts, and probably elsewhere too. While Oppenheimer saw the largest piracy increase, other Oscar winners recorded download spikes as well. Poor Things, for example, saw a healthy 39% increase. Killers of the Flower Moon (30%) saw a healthy double-figure increases too and The Zone of Interest downloads surged 116%, as shown below. Oscar Winners See Piracy Boost Barbie? When Barbie and Oppenheimer premiered in theaters last summer, the term "Barbenheimer" became somewhat of an Internet phenomenon. Today, however, the differences between these box office hits couldn't be bigger. Although Barbie managed to secure an Oscar in the 'Best Song' category, the number of pirate downloads is lower than all other films mentioned here. The piracy volume did spike somewhat compared to last week, but at 28% this boost is rather modest compared to Oppenheimer. All in all, it's safe to say that after 95 years, the Academy Awards ceremony is as relevant today as it ever was. While people now have the freedom to watch what they want, whenever they want, their free choice continues to be directed by external forces. As with all trends today, the piracy boosts don't last long. They already started to drop off after a day and will likely be back to normal by the end of the week. — Note: The data used in this article comes from Iknow, which tracks torrent downloads through DHT and PEX. While it may not be able to track all downloads, it's a substantial sample, which acts as a good proxy for the overall interest on all pirate sites and services. It is worth stressing that this sample only looks at torrent downloads. Views on streaming platforms, direct downloads, and other piracy sources can't be measured directly. That said, we assume that the trend will be similar there. From: TF, for the latest news on copyright battles, piracy and more. Pirate IPTV User Fines "Coming Soon" But Are Not "Psychological Terrorism" Andy Maxwell, 13 Mar 04:03 PM The head of Italian telecoms regulator AGCOM has confirmed that long-promised fines targeting end users of illegal streaming services will be arriving "soon." Massimiliano Capitanio has long insisted that citizens with an illegal streaming habit are legitimate targets for enforcement, but for those still unaware of that message, another reminder was published today. Communications, Regulated "Perhaps it is not yet clear that penalties of 150 to 5,000 euros will be coming soon, and this, as with all fines, is a step that one would like to avoid but has become necessary, not least because those who do business illegally are making unsuspecting users believe that nothing will happen (user forewarned…)," Capitanio wrote on LinkedIn. Directing this important message toward a mostly business audience, rather than social media platforms more closely associated with the target audience, may not be optimal. However, at a time when public feedback to AGCOM's anti-piracy plans has become rather energetic, AGCOM's accounts on platforms including X are gathering dust. While seemingly disinterested in conversation, AGCOM wants its message to be heard loud and clear across Italy, especially when proving the naysayers wrong. One point of particular interest concerns the state's ability to handle investigations into tens of thousands of illegal stream consumers. Preceded by a football icon (in case anyone had forgotten why all of this began), a new agreement to streamline investigations was revealed. " Note for those who 'know it all, fines will never do it': an agreement was revealed yesterday between [Guardia di Finanza] and the Prosecutor's Office in Rome to facilitate the identification of users," Capitanio wrote. Removal of Multiple Authorization Requirements A DDay report provides much needed context. Before conducting an investigation to establish an offense, Guardia di Finanza (a police force under the Ministry of Economy and Finance) would ordinarily seek authorization from the judiciary on a per-person basis. That could prove unwieldy here due to the volume of illegal streamers, so an 'intervention protocol' has been put in place. That allows Guardia di Finanza to cross-reference all data in its possession without having to obtain authorization for each person surfaced in its inquiries. DDay reports that income received from fines will go to the Ministry of Justice to assist in the overall fight against piracy and the Ministry of Economy to fund awareness campaigns. Business People Use LinkedIn… While members of the public are fed deterrent messages concerning the consumption of illicit streams, AGCOM has also been putting companies like Google under pressure to do more in the fight against piracy. Public complaints recently led to Google removing an infringing streaming app from Google Play. A positive move, perhaps, but always likely to fuel demands for even more. "The best way to fight #piracy is to fight criminal but also legal (!) associations that make business out of stealing intellectual property and rights of others," Capitanio noted this morning. These 'legal associations' include Google, Apple, and Amazon, whose customers are just regular internet users looking for software to install, in many cases to avoid frequenting pirate sites, as requested. In a comment that could easily backfire, Capitanio effectively suggests that choosing a legal platform is no obstacle to users being fined up to 5,000 euros. Nowhere to Hide "Unfortunately, a necessary, though probably unpopular, step will be to fine #piracy users, users of apps easily downloaded from #Android and #Apple stores but also from #Amazon portals, users of the many sites easily reached by search engines (which still do not cooperate as they should)," the statement reads. "Meanwhile, Spain is also moving in the same direction. A common front in Europe can only do good," Capitanio added, referencing action by LaLiga in Spain that also makes little sense, and may yet backfire. "Pointing out that Law 93/2023 provides for fines of up to 5,000 euros is not psychological terrorism but sharing useful information," Capitanio added. "Are subscription prices too high? I clear up misunderstandings. I think so, but it is not my expertise. The solution is certainly not stealing. And maybe the prices are so high also because of the parasites who live off the backs of those who pay regular contracts." From: TF, for the latest news on copyright battles, piracy and more. Are you looking for a VPN service? TorrentFreak sponsor NordVPN has some excellent offers. ©2024 TorrentFreak | Office 21338 PO Box 4336 Manchester, North West M61 0BW United Kingdom Web Version   Preferences   Forward   Unsubscribe     Powered by Mad Mimi®A GoDaddy® company