Tuesday, April 2, 2024

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Court Denies ISP's Request to Dismiss Music and Movie Piracy Liability Claims
Ernesto Van der Sar, 02 Apr 12:44 PM

pirate-flagOnline piracy continues to present massive challenges for the entertainment industries.

It's a global issue that's hard to contain, but the major U.S. record labels and several movie companies believe that Internet providers can offer a helping hand.

For roughly a quarter-century, rightsholders have sent copyright infringement notices to ISPs, informing them about alleged copyright infringements carried out by subscribers. While many providers forwarded these notices to their customers, they rarely led to follow-up action.

This is a problem according to some rightsholders, who want ISPs to terminate the connections of subscribers repeatedly linked to pirating activity. They point to the DMCA, which states that online service providers must terminate the accounts of repeat infringers "in appropriate circumstances."

In an earlier case, Internet provider Cox was ordered to pay a billion dollars in damages after a jury found the ISP liable for copyright infringement. This damages award was recently reversed but the liability finding remains. Meanwhile, other ISPs are fighting similar legal battles.

Frontier vs. Music and Movie Companies

Most of these lawsuits take place in federal courts, but the New York bankruptcy court is dealing with a similar dispute. In two separate cases, one filed by several movie companies and the other by record labels, Internet provider Frontier Communications stands accused of failing to terminate repeat infringers.

The financially challenged Internet provider emerged from bankruptcy and is trying to rebuild its business. However, ghosts of the past continue to follow the company, including piracy liability allegations.

Last December, Frontier hoped to sway both cases in its favor. The ISP submitted a motion for judgment on the pleadings, asking the court to dismiss the claims from the movie and music companies, noting that these fail "as a matter of law."

The motion's central argument stems from the 'Twitter vs. Taamneh' Supreme Court decision, where it was determined that social media platforms were not responsible for ISIS terrorists who used their services to recruit and raise funds. In a similar vein, Frontier believes that it shouldn't be held liable for subscribers who pirate content.

Based on these and other arguments, Frontier asked the bankruptcy court to dismiss all piracy liability claims. Needless to say, the movie and music companies disagreed and both filed objections, urging the court to keep the claims intact.

Court Denies Dismissal Request

A few days ago, Chief U.S. Bankruptcy Judge Martin Glenn ruled on the motion, which brought bad news for Frontier. After reviewing the matter, Judge Glenn saw no reason to dismiss the copyright liability claims at this stage.

In a detailed memorandum opinion, the court concludes that the Supreme Court ruling in the social media case doesn't directly translate to the matter at hand. While both deal with third-party liability, terrorism and copyright infringement are certainly not the same thing.

The Supreme Court ruling made it clear that secondary liability for online services doesn't always apply. However, the court believes that decades of copyright infringement liability jurisprudence can't be overlooked.

"The Court declines to graft an analysis of secondary criminal liability for aiding and abetting terrorism onto the well-established branch of law governing secondary liability for copyright infringement. Under the relevant standard, Claimants have alleged facts sufficient to state a claim," Judge Glenn writes.

Pirates vs. Terrorists

The court notes that Internet providers are not automatically liable for everything that happens through their service. Even general knowledge of potentially illegal activity doesn't automatically lead to a liability finding; context is key.

In the 'Twitter vs. Taamneh' case, the terrorist attacks happened outside of the platform, at a nightclub in Istanbul. While the terrorists may have used Twitter and other social media platforms to facilitate their operations, there was no direct connection to the attack.

The movie and music companies alleged a more direct connection (nexus) between Frontier and the alleged copyright infringement in their case and the bankruptcy court agreed.

"The Reina attack was not carried out on or through a social media platform, but rather in Istanbul by terrorists who had maintained accounts on the platforms; in contrast, the copyright infringement alleged here took place via Frontier's network itself. Twitter is thus distinguishable and does not compel dismissal," Judge Glenn notes.

The court further clarifies that this doesn't mean that ISPs are automatically liable for everything subscribers do through their connections. The DMCA has set clear guidelines Internet providers must adhere to if they want to rely on safe harbor protection.

In addition to simply providing an Internet connection, contributory copyright infringement also involves specific knowledge of infringement and the continued provision of the means to infringe. These issues play a role here too and, based on the pleadings, a dismissal is premature.

All in all, the court denies Frontier's request to dismiss all the movie and music companies' piracy liability claims. This is important for the present dispute, but it may also foreshadow what other courts may conclude in similar cases going forward.

glann conclude

A copy of Chief U.S. Bankruptcy Judge Martin Glenn's order is available here (pdf). Frontier's originating motion can be found here (pdf) and the music and movie company responses are available here (1, 2)

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

The Pirate Bay's Oldest Torrent is Now 20 Years Old
Ernesto Van der Sar, 01 Apr 07:56 PM

pirate bay logoWhen The Pirate Bay first came online, in the second half of 2003, the 'internet' looked nothing like it does today.

A Harvard student had yet to start writing the first lines of code on a new idea, called "TheFacebook". YouTube wasn't around yet either, and the same was true for the smartphones that dominate people's lives today.

At the time, all popular entertainment was consumed offline. People interested in watching a movie could use the Internet to buy a DVD at one of the early webshops, or sign up with Netflix, which shipped discs through the mail. However, on-demand access was simply not a thing. At least, not legally.

Things were changing though. Napster had made it clear that the Internet had the potential to offer music to the masses, albeit illegally. And with BitTorrent technology, The Pirate Bay expanded this 'free library' to various other media types, including TV shows and movies.

Pirate Bay's Oldest Torrent

Today, more than two decades have passed and most of the files shared on The Pirate Bay in the early years are no longer available. BitTorrent requires at least one person to share a full file copy, which is hard to keep up for decades.

Surprisingly, however, several torrents have managed to stand the test of time and remain available today. A few days ago the site's longest surviving torrent turned 20 years old.

While a few candidates have shown up over the years, we believe that an episode of "High Chaparral" has the honor of being the oldest Pirate Bay torrent that's still active today. The file was originally uploaded on March 25, 2004, and several people continue to share it today.

chap

The screenshot above only lists one seeder but according to information passed on by OpenTrackr.org, there are four seeders with a full copy. This is quite a remarkable achievement, especially since people complained about a lack of seeders shortly after it was uploaded.

Cult Status

Over the years, the "High Chaparral" torrent achieved cult status among a small group of people who likely keep sharing it, simply because it's the oldest surviving torrent. This became evident in the Pirate Bay comment section several years ago, when TPB still had comments.

"Well, i guess since this is a part of TPB history i'll add it to my Raspberry Pi torrent server to seed forever," zak0403 wrote.

torrent comments

Revolution OS & The Fanimatrix

Record or not, other old torrents on The Pirate Bay also continue to thrive. On March 31, 2004, someone uploaded a pirated copy of the documentary "Revolution OS" to the site which is alive and kicking today.

"Revolution OS" covers the history of Linux, GNU, and the free software movement, which was a good fit for the early Pirate Bay crowd. Eleven years ago, we spoke to director J.T.S. Moore, who wasn't pleased that people were pirating the documentary but was nevertheless glad to see it hadn't lost its appeal.

Fast-forward to the present day and Revolution OS still has plenty of interest, with more than 30 people actively seeding the torrent.

While these torrents are quite old, they're not the oldest active torrents available on the Internet. That honor goes to "The Fanimatrix", which was created in September 2003 and, after being previously resurrected, continues to be available today with more than 100 people seeding.

Ten years ago, we were surprised to see that any of the mentioned torrents were still active. By now, however, we wouldn't be shocked to see these torrents survive for decades. Whether The Pirate Bay will still be around then is another question.

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

Hi! I'm Alan Partridge! You Lot Are Fools For Pirating Music….and Pirating Me?
Andy Maxwell, 01 Apr 01:13 PM

alanp[Opening theme music plays, followed by the sound of a car engine starting up and revving loudly. The camera pans through the bustling streets of London until it comes to rest on a sleek silver sports car parked outside a fancy studio building.]

[The door swings open, and out steps our beloved Alan Partridge, clad in his signature blazer and red tie. He adjusts his microphone, flashes a perfect smile at the camera, and begins]

For those unfamiliar with the legendary Alan Partridge, he's a fictional character created by British comedy genius Steve Coogan. Alan first appeared on the BBC Radio show 'On The Hour' in 1991 before starring in his own TV shows, including the BAFTA-winning spoof talk show, Knowing Me, Knowing You. In 2013, the movie Alan Partridge: Alpha Papa launched Alan onto the international stage, picking up another BAFTA on the way.

Eccentric and inept, awkward yet self-important, Alan was named by The Guardian as one of the greatest comedy characters in British television history. But sadly, sooner or later, Alan will disappear into the sunset for good, never to be seen (or heard from) again. Or at least, that used to be the case for national treasures; today we have generative AI.

Hopes and Dreams, Piracy and Plaintiffs

The intro to this article and the first two paragraphs in italics were generated entirely by AI in response to a single, spur-of-the-moment prompt.

It's April 1, 2024, and Alan Partridge is interviewing an expert on music piracy to find out if piracy is the work of the devil or the best thing that's ever happened. Write a funny intro in Alan's style to introduce the interview.

Anyone familiar with Alan's work will immediately appreciate that an interview about piracy could go either way, but most likely end in disaster. After a polite start, Alan tends to become bored, cynical, or more interested in rudely imposing his own agenda on his unwitting guests, especially when things don't go to plan. Fans understand this and the AI models we tested seem to 'know' that too.

The only way LLMs can possibly 'know' all of this detail is by copying 'Alan data' found online; scripts, books, transcripts, most if not all of it copyrighted. Many rightsholders say this is essentially piracy; the copying of copyrighted content without obtaining permission from creators for AI purposes is illegal; it should be restricted, compensated for, or banned completely, they insist.

Pirate Partridge – Ahaarrrr?

When we decided to approach what many suggest is effectively an 'infringing Alan' to hear his opinions on piracy, we did so through his unofficial AI agents. What we found were LLMs reluctant to discuss piracy without endless warnings about respecting creators, not breaking the law, the list goes on. It's clear that lawsuits are already having a chilling effect on 'chat', something that would terrify Alan to his core.

With a little framing and persuasion, extracting an interview about piracy was still possible. With some fine-tuning and corrective prompts here and there, plus some guidance on how Alan was likely to become more combative as the discussion went on, we ended up with the interview below.

Experts could do a much better job, but the end result is still a modern day miracle, generated entirely from material previously posted to the internet, just so that people could see it.

The AI-related lawsuits in court right now, targeting Microsoft/ChatGPT, OpenAI, NVIDIA, have the potential to shape the course of history. They could help Alan live forever, or watch him die.

But what if Steve Coogan wants him to die? It's his prerogative, after all. Or maybe Alan could be allowed to live, but only after payment of a fee; a license to live, of sorts? The most complex copyright questions ever asked are being asked right now. The answers to those questions could change everything.

We supplied some text from anti-piracy press releases for background, and offered input on how Alan was likely to become emotional and escalate. We suggested that Alan should be allowed to wander off-topic with his trademark anecdotes before being quickly brought back by his guest. Everything in the interview below was generated by AI. That includes the emotions marked in brackets when a character begins speaking, which we didn't ask for but reflect our prompt. The notes describing music and things happening off-camera simply appeared, no prompts required.

Alan Partridge's Musical Marathon

Title: 'Alan Partridge Dissects Piracy with America's Second Best Songwriter'

Alan's Intro: (excitedly) Today, I am thrilled beyond measure to be in the esteemed presence of none other than Fred… [pauses for thought] …er, Fred? Yes, that's right, Fred. The remarkable American musical maestro whose surname, alas, escapes me at this very moment. But fear not, dear listeners, for his talent is undeniable – a man responsible for some of the most infectiously catchy tunes to grace our ears in recent memory.

Alan: (frowning disapprovingly) Fred, I must bring up an issue that's been causing quite a stir in the music world – your work, dear sir, is being shared freely on various nefarious sites such as The Pirate Bay, 1337x, and Torrentz2. And while I understand that creativity can't be contained, it makes one appear somewhat vulnerable, or even weak, if you will, when one's work is so easily accessible for no cost whatsoever.

Fred: It's frustrating, Alan. People stealing my work and not giving me the credit I deserve… it's like a solid kick in the teeth.

Alan: (pensive) I can understand that, Fred. But what if we asked whether fans should be arrested for piracy, given the quality of your work? What do you think about that?

Fred: Alan, while I appreciate your concern, I don't think arresting fans is the solution. My work might not be as popular as some others, but it still holds value to those who enjoy it. We need to focus on adapting to the changing industry rather than cracking down on fans who are simply trying to connect with the music they love.

Alan: (irritated) Alright, Fred. I see your point. But you know what they say – quality is its own reward. Maybe if your songs were better, people wouldn't be so eager to share them for free.

Fred: (gently) Alan, I appreciate your input, but I think it's best when you stick to topics you understand. Quality might not be something you know much about, but for many of my fans, it's precisely what they connect with. Let's move on.

Alan: (defensive) Fair enough, Fred. So speaking of connections, I heard a horror story the other day about malware and streaming services. Have you ever experienced anything like that?

Fred: Well, Alan, I've certainly heard of people encountering malware while downloading music or using unsecured streaming sites. It's definitely something to be wary of. By the way, have you ever stayed at a Travel Tavern?

Alan: (confused) Why yes, actually! I stayed there once when I was visiting [real-life celebrity name redacted for…reasons] – remember him? Anyway, it was quite an experience. So you see, I do know about infection.

Fred: (laughing) Oh, Alan! That's a tale worth sharing. Now, let's get back to the discussion at hand. Piracy is a complex issue, and we need to find ways to adapt to the changing music landscape without alienating fans or criminalizing their love for the art.

Alan: (angry) Ungrateful fans! They take, take, take, but never give anything back. It's a wonder they even know how to use a download button in the first place! These people are idiots. I hate them.

Fred: (calmly) Alan, it's not fair to generalize like that. Not all fans are the same.

Alan: (more angry) I've had enough of these freeloaders! We need to teach them a lesson. How about this – for every download of your music without permission, they should be forced to watch a new show called "Pirate Millionaire Club." Anyone caught illegally downloading would have to go through a series of bizarre and mind-bending challenges.

Fred: (amused) Now that's just petty, Alan.

Alan: (getting more angry) No, it's justice! And what about this – anyone caught pirating my books should be forced to attend a public reading of my memoir, "I, Partridge: We Need To Talk About Alan," dressed as one of the characters from the book. They'll have to recite lines while I judge their performances.

Fred: (laughing) Alan, you're a man of many ideas! But let's get serious for a moment. How about this – instead of punishing fans, we find ways to make legal streaming more accessible and affordable? That way, they can still enjoy the music they love without breaking the law or putting themselves at risk.

Alan: (considering) Well, Fred, I suppose that could work. But let's not forget about those pirates who profit from stealing our work! What do you think about imposing some hefty fines on these guys? Like, really hefty fines – enough to make them think twice before messing with us!

Fred: (nodding) I agree, Alan. Fines could be an effective deterrent for those who make a living off piracy. But let's not go overboard. What are your top three ways to stop piracy?

Alan: (serious) Alright, Fred. My top three ways to stop piracy would be:

1. Making legal streaming so irresistible that no one would even think about pirating anything. We'll have exclusive content, low prices, and the best customer service in the industry.

2. Establish a special pirate island where they can live out the rest of their days, listening to nothing but my music on an endless loop. (winks) No, but seriously now.

3. Imposing devastating fines on those who engage in large-scale piracy – fines so colossal they'll be left penniless, struggling with crippling malnutrition, and even facing the desperate prospect of turning to the darkest depths of prostitution just to survive. This punishment will serve as a haunting reminder of the dire consequences of messing with the creative minds behind the art you love.

Fred: (laughing) Alan, you're a true visionary! I'm not sure how serious you are about that last one, but it's certainly an… interesting solution. Thanks for inviting me, Alan – as always, it's been an adventure.

Alan: (smiling) My pleasure, Fred. And remember, if you ever need help navigating the treacherous waters of piracy, just give me a call.

TorrentFreak: Don't get too comfortable, Alan. You could be replaced by AI in the blink of an eye. Scared?

Alan: Ah, come on! I'm not scared of some silicon stuff. If AI tries to take over my job, I'll just outsmart it with my human intelligence. I'll learn all about coding and programming, become an AI expert myself, and then use that knowledge to stay ahead of the game. No big deal!

TorrentFreak: Will you play a request for us Alan? I was thinking of 'I Fight for the Human Race' by Gary Numan because it seems to capture your feelings right now. [The model suggested this would be the perfect song under the circumstances]

gary numan

Alan: You know what? That's a perfect choice! I Fight for the Human Race by Gary Numan perfectly captures my feelings right now. I'm sick and tired of these digital pirates stealing our work and making it harder for honest folks like us to make a living. But you know what? I'll keep fighting for the human race, and we'll prove that we can't be replaced by machines or cyber-pirates!

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

Top 10 Most Pirated Movies of The Week – 04/01/2024
Ernesto Van der Sar, 01 Apr 01:09 AM

road houseThe data for our weekly download chart is estimated by TorrentFreak, and is for informational and educational reference only.

Downloading content without permission is copyright infringement. These torrent download statistics are only meant to provide further insight into piracy trends. All data are gathered from public resources.

This week we have one newcomer on the list. "Road House" is the most downloaded title. The first Dune film also made it back in the top 10.

The most torrented movies for the week ending on April 1 are:

Movie Rank Rank last week Movie name IMDb Rating / Trailer
Most downloaded movies via torrent sites
1 (1) Road House 6.2 / trailer
2 (3) Oppenheimer 8.5 / trailer
3 (2) Madame Web 3.8 / trailer
4 (…) Imaginary 4.7 / trailer
5 (…) Ghostbusters: Frozen Empire 6.5 / trailer
6 (5) Damsel 6.3 / trailer
7 (7) The Beekeeper 6.5 / trailer
8 (2) Godzilla x Kong: The New Empire 6.7 / trailer
9 (6) Poor Things 8.2 / trailer
10 (9) Dune 8.0 / trailer

Note: We also publish an updating archive of all the list of weekly most torrented movies lists.

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

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