Monday, March 4, 2024

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China Sentences Pirate Site Operators, Huge Win For Japan's Anime Industry
Andy Maxwell, 04 Mar 11:30 AM

b9good-sAnime piracy site B9Good first appeared way back in 2008, initially operating under B9DM branding. Defying the usual odds, 15 years later the site was still alive and kicking.

Last March, Japan-based anti-piracy group CODA reported an estimate of B9Good's traffic for the two years running up to February 2023. Based in China, the site had been accessed more than 300 million times and, crucially, around 95% of those visits came from Japan, mostly seeking access to Japanese content.

The China Complication

Rightsholders based outside China have long complained that tackling infringers inside the country can be extremely difficult. Key obstacles include safe harbors for intermediaries viewed as overprotective, and the so-called server principle, which turns on where infringing content is hosted.

This means that when infringing apps, websites and set-top boxes linked directly to China utilize pirated content hosted overseas, foreign rightsholders have limited opportunities to enforce their rights against their operators inside the country.

That raises the question of how Japan-based anti-piracy group CODA, representing several major Japanese anime rightsholders, were able to convince Chinese authorities to shut down B9Good, arrest its operators, and then prosecute them for criminal offenses.

With Planning and Patience, China Became Less Complex

After revealing a few details in 2023 when B9Good was targeted and later shut down, this morning CODA put more meat on the bones. The details arrived as part of an announcement celebrating three first-of-their-kind convictions which, seemingly for legal reasons, CODA has been sitting on for a few weeks.

CODA says that its work against B9Good dates back to 2016 when it filed an administrative complaint in China. In response, however, a site operator referred to as 'Man A' implemented geo-blocking measures at B9Good, then operating as B9DM, to give the impression the site had shut down, while continuing to infringe everywhere else.

With the launch of CODA's International Enforcement Project (CBEP) in 2021, the anti-piracy group set out to personally identify the operators of pirate sites. After being identified in China, B9Good's operators would soon discover that the country's borders offered less protection than before.

CODA Levels Up in China

In January 2022, CODA's Beijing office was recognized as an NGO with legitimate standing to protect the rights of its members, which include anime rightsholders Aniplex, TV Tokyo, Toei Animation, Toho, Japan Broadcasting Corporation (NHK), and Bandai Namco Film Works.

CODA filed a criminal complaint with the Public Security Bureau, and starting February 14, 2023, Chinese law enforcement began rounding up the B9Good team. In Jiangsu Province, a 33-year-old unemployed man was held on suspicion of operating B9Good. He was reportedly released a month later after confessing to his involvement. That led to the authorities seizing his home.

In the meantime, a 30-year-old woman living in Chengdu, a 38-year-old man from Shanghai, and a 34-year-old woman from Fuzhou City, were questioned at their homes. It was alleged that the women were paid by the site's main operator to upload pirated content, while the man uploaded content to file-hosting sites to generate revenue from advertising. In total, 45,880 anime titles were made available via B9Good without permission from rightsholders.

Taizhou People's Court Hands Down Sentences

On December 26, 2023, the People's Court of Taizhou Pharmaceutical High-Tech Industrial Development Zone handed down three sentences. The main offender, Man A, was sentenced to three years in prison, suspended for three years and six months. In addition to the seizure of his home, he was fined 1.8 million yuan (38 million yen, US$253,000), an amount equivalent to the ad revenue he earned through B9Good. The conviction is now final after the appeal period ended.

Female B, who was paid by Man A to upload pirated anime to the site, was sentenced to one year in prison, suspended for one year and six months, for copyright infringement offenses. Female D, who also received payment for uploading pirated anime, was sentenced to eight months in prison and one year's probation.

According to CODA, Man C, who allegedly generated revenue from pirated anime uploaded to file-hosting sites, was not sentenced. CODA doesn't go into detail other than reporting that he was "subject to exemption measures stipulated by China's criminal law."

Sentences May Disappoint, But Value Lies in Convictions

For deterrent purposes, it's likely that CODA would've preferred immediate custodial sentences, but this wasn't simply a routine case that failed to live up to expectations. Under normal circumstances, a case like this wouldn't have even gotten off the ground, let alone end in convictions.

"In this judgment, the punishment was reduced to a suspended sentence and the conviction was decided based on the fact that Man A was a first-time offender and that he voluntarily confessed, acknowledged the crime, and showed a willingness to accept punishment," CODA explains.

"However, this is the first time that criminal penalties have been imposed on the operators and uploaders of overseas pirated sites due to an approach from Japan. CODA hopes that the recent crackdown and judgment against such malicious sites will have a significant impact on deterring the operation of similar pirated sites.

"In response to online infringements, which are causing damage worldwide, CODA will continue to proactively develop countermeasures beyond national borders, even if their operations are based overseas, and will continue to eliminate unauthorized use of Japanese content," CODA concludes.

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

Piracy Shield: IP Addresses and Server Locations Blocked Since Launch
Andy Maxwell, 03 Mar 03:44 PM

Logo piracy shieldThere's rarely a shortage of conflict and controversy in the perpetual online piracy wars.

For some, the David versus Goliath imagery, of ordinary people fighting faceless corporations, will never get old. For others, the right of creators to receive fair compensation for their work is non-negotiable; it puts food on the table, literally.

Yet spend enough time digesting every possible detail presented by those shouting most loudly about piracy, and it becomes increasingly clear that piracy is already too big to fail.

Anti-piracy is now a multi-billion dollar industry in its own right, that means companies investing real money, long-term, into a fight where the ultimate reward for achieving the impossible is self-destruction via redundancy. Very obviously that isn't going to happen because according to regular reminders, pirates never stop innovating and there's nothing anyone can do about that in the absence of draconian tool (x)

AGCOM – Hold My Beer

If piracy is too big to fail, then the same also holds true for events playing out in Italy. After expending huge resources to obtain legislation to a precise specification, rightsholders have the legal basis to give pirates everything they've got, with little to fear, even when things go terribly wrong.

With full support from AGCOM, the whole of Italy has endured non-stop lectures on piracy, the capability of the Piracy Shield blocking platform, and how nothing will ever go wrong because this mission is too big to fail. When things did go wrong two weeks ago, AGCOM claimed that journalists made the whole thing up and when an even bigger blunder took out countless innocent sites last weekend, proponents of Piracy Shield disappeared and said nothing.

In parallel, information on which domains and IP address have been blocked, aren't being published according to the rules. This means that when innocent sites are rendered inaccessible, those affected are denied any right to know what went wrong or who can be held responsible. That seems incompatible with even a basic level of responsibility towards innocent third parties.

Piracy Shield Blocking Data – Feb 2024 – Weeks 1-3

Since information apparently likes to be free and access to justice is a basic human right, here's the first three weeks of IP addresses blocked by the Piracy Shield system. The list handed to TF over a week ago appears to cover the first two-and-a-half, possibly close to three weeks of February. It contains 1267 IP addresses but less than 10 domains names have been revealed to the public in official records.

Long lists of IP addresses tend to become a bit meaningless, so we've added relevant data (everything beyond the bare IP addresses) to help the numbers make sense. We used IPInfo to obtain approximate server locations and various other tools to compile the rest of the data.

IP addresses mapped to IPinfo location data (click to enlarge)piracy shield map

From a total of 1267 IP addresses, 558 geo-locate to the Netherlands, 433 to Romania, and the rest as follows: Austria (69), Germany (57), Italy (33), France (28), Ukraine (28), Nigeria (13), Ireland (8), Switzerland (6), Greece (6). All other countries were were linked to five IP addresses or less.

While the usual caveats apply in respect of geo-location data not necessarily being accurate, it seems reasonable to conclude that European server locations caused many issues in the first two or three weeks of February.

Focus on Europe (click to enlarge)piracy shield map2

However, dots on a map don't always tell the full story. Server operator data (presuming that can be relied on) may offer a few more clues towards a more distant problem than 'Frankfurt' may first suggest. Indeed, GZ Remittance (China) Industry Ltd (specifically, Hong Kong) turns up no less than 350 times in the list (29% of all blocks) but appears to have almost 4,100 German IP addresses in total, so quite a few to go yet.

Germany Piracy Shield

For those interested in the data, a .csv file is available here. If anyone can make the data look really nice, please send us a copy here.

Note: An earlier version of this article referenced Superhub Limited in Hong Kong in connection with the IP addresses listed above, as reported by the database queried. There is more than one company with that name in Hong Kong but in this case the IP addresses are linked to Superhub Ltd in some online databases, which does not appear to be correct.

The full name listed in other databases is IPv4 Superhub Limited, which appears to be accurate. This is also a Hong Kong company but does not immediately appear to have connections to Superhub Limited, even though the two entities are very close geographically.

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

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