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Uptobox Was Shut Down in 2023; A Court Will Decide Whether to Resurrect ItAndy Maxwell, 18 Apr 09:02 AM Founded back in 2011, Uptobox rapidly gained

Uptobox Was Shut Down in 2023; A Court Will Decide Whether to Resurrect It Andy Maxwell, 18 Apr 09:02 AM Founded back in 2011, Uptobox rapidly gained popularity by making it easy for users to upload, store, and share files with others online. In April 2023, Uptobox received 34 million visits from users all over the world, around a third of those from France. At several points in its dozen or so years online, Uptobox faced adversity, mostly due to copyright issues. Last May, the site was blocked by French ISPs but determined to stay online, Uptobox provided its users with advice on how blocking could be circumvented. On September 20, 2023, not even the most sophisticated techniques allowed users to connect to Uptobox servers. After obtaining authorization from a French court, the world's largest entertainment companies, including Columbia, Paramount, StudioCanal, Warner Bros, Disney, Apple, and Amazon, descended on two datacenters used by Uptobox. At Scaleway and OpCore, two cloud service providers based in Vitry-sur-Seine in the southeastern suburbs of Paris, servers were unplugged and seized as evidence in support of a civil action. The Alliance for Creativity and Entertainment eventually claimed responsibility and in a statement revealed that two French nationals were operating Uptobox from Dubai. It was always inevitable that the 'criminal operators' would find themselves shut down, ACE said. Uptobox Said Little Until Recently Given the gravity of any legal measures taken by a coalition with a combined worth expressed in triple-digit billions, Uptobox hasn't said much over the past six months. Last December, via the service's X account, the company said that all subscriptions had been frozen and would be extended. At a minimum, it would like users to get their files back. Then on March 7, 2024, Uptobox appeared to offer more positive news. "Our position is to do everything to recover these servers and allow our users to recover their data, and more optimistically to resume our activity. Thank you all for your support," a post to X revealed. Dubai-based company Genius Servers Tech Fze is said to be the operator of Uptobox. It filed an appeal in October 2023 and the first hearing was held at the Paris judicial court a few days ago. Server Costs Running to 75,000 Euros Per Month Marc Rees of French publication l'Informé attended the hearing and had the opportunity to speak with Thomas Chalanset, Uptobox/Genius Servers' attorney. He was critical of the seizure and the ex parte nature of the court order behind it. "This is the first time the operator of the Uptobox/Uptostream service, Genius Servers Tech Fze has been able to present its case. The power of the companies in front of us must not let misleading appearances win the day," Chalanset explained. "The service risks being asphyxiated by server costs and the length of the proceedings, even if Genius emerges unscathed in terms of a conviction." Uptobox's server bill currently runs to 75,000 euros per month and the current process has already been running for seven months. The nature of the case, currently in the hands of the public prosecutor, features parallel criminal proceedings for infringement filed by the plaintiffs. There are fears the process could run for years. "Blocklist Inclusion Supported Seizure Operation" Documents seen by l'Informé indicate that the movie companies used Uptobox's inclusion on blacklists as justification for the seizure operation to go ahead. The first, the European Commission's Counterfeiting and Piracy Watch List, mentioned Uptobox in its 2022 edition. However, as the service's attorney Thomas Chalanset points out, the European Commission "does not take any position" on any of the rightsholder allegations, including those below, that appear in the report. In any event, the Commission has never contacted Uptobox, Chalanset says. Uptobox summary in the 2022 Watch List Other actions against Uptobox all involved French regulator ARCOM; in respect of the first in 2023, Uptobox claims to have received no correspondence and is now taking action to have the decision reversed. Two other judgments that resulted in the Uptobox domain being blocked by ISPs last year, are also being appealed. No Different to Google Drive or Dropbox, Court Hears According to l'Informé's report on the proceedings, Thomas Chalanset informed the court that his client's service is no different to Google Drive or Dropbox; if a complaint is received requesting the removal of infringing content, there's an obligation to take it down. Lawyers for the entertainment companies rejected the comparison; Google and Dropbox sell storage space, whereas Uptobox offered premium subscriptions with "18 features, only one of which relates to storage spaces. All the others aim to unblock access, downloading, and viewing of hosted files, for example to break the waiting time limit between two downloads or for viewing files." As for the comment about actioning takedowns in common with Google Drive and Dropbox, the studios highlighted a feature on Uptobox that restored files following receipt of a takedown notice. A test involving 68 infringing files revealed that half reappeared within two hours. Some Users Are Pirates, Non-Infringing Files Get No Publicity Chalanset conceded that pirates did use Uptobox, but these were just a tiny minority who wanted to accumulate enough 'Premium' points to pay for their five euro per month subscription. Uptobox also called on a pair of expert reports to counter claims from rights holders that 84% of the files on the platform were infringing. As per l'Informé (translated from French) "[T]he Dubai company also produced two reports, one written by In Code We Trust, a consulting company, the other by Hubert Bitant, a legal expert at the Paris Court of Appeal. Their analysis shows that the vast majority of files hosted on Uptobox are not downloaded or viewed. In essence, 73.5% of the hosted files were not downloaded, while the rights holders estimate that 84% of the files are infringing." The statistical method used by the rights holders to identify pirated content stored on Uptobox also came in for criticism. Their approach reportedly involved visiting pirate sites that typically link to files hosted elsewhere, Uptobox included. However, by visiting pirate sites, most of the content on offer would obviously be infringing and shared in public; non-infringing content that isn't shared in public, users' personal files and photographs, for example, by their very nature simply wouldn't appear on a pirate platform. Whether the court found Uptobox's appeal credible will be revealed when its decision is handed down in two months. It's unclear if users will be able to retrieve any family photos at any point, but a stampede to discuss the matter in person before the court seems unlikely. From: TF, for the latest news on copyright battles, piracy and more. Despite 155 Piracy Incidents in Cinemas, Pirates Suffer Worst Year Since 2012 Andy Maxwell, 17 Apr 10:07 PM After almost two decades reporting on the piracy landscape, speaking with hundreds of people involved in all aspects of piracy on the way, those who dodge cinema security to camcord the latest movies are still the most puzzling. As a deterrent, the possibility of a lengthy prison sentence seems to mean almost nothing. The prospect of sitting quietly for two to three hours, knowing that they're already being monitored along with the rest of the audience, is just part of the experience, not the nerve-shredding ordeal of those simply imagining it. Yet, unless 'cammers' stop for personal reasons, those operating in the West eventually run up against the law. While they often regret it, some still find it difficult to explain what motivated them in the first place. With cinema workers in the UK being offered cash rewards of around £1,000 for a successful 'camcorder' intervention, the odds are stacked against cammers before they even begin. It doesn't deter them. FDA Yearbook 2024 The Film Distributors' Association (FDA) represents the interests of film distributors in the UK and Ireland. The FDA's website lists 38 members, including "the largest studios and numerous independent players" a sample of which can be seen below. This week the FDA unveiled the FDA Yearbook 2024 at The Peninsula London, a £1,200 per night 5-star hotel within shouting distance of Buckingham Palace and Kensington Gardens. With box office sales up again last year – 135,133,635 tickets in 2023 versus 127,794,382 in 2022 – generating over £1.06 billion, there was much to celebrate. Not least 9% of all sales attributable to Barbie, a film made in the UK and as a result, gifted just enough relief by the government to ensure no corporate taxes were payable in the UK. Piracy – Film Content Protection Agency After all the glitz and glamour, the FDA's yearbook soon turns to piracy matters and a report from the Film Content Protection Agency (FCPA). The FDA-affiliated anti-piracy group shoulders the responsibility of preventing movies from being recorded on the UK's big screens and then shared on the internet. After an article we published last year, questioning the unlikely industry-wide claim that "90% of films pirated worldwide are sourced from cinemas," FCPA begins its report with an adjusted claim that's much more credible. "Over 90% of pirated versions of newly released films are still sourced in cinemas globally by illegal activity involving the use of compact digital recording devices – mostly smartphones," FCPA begins. "Hence the FDA's Film Content Protection Agency's over-arching objective is to prevent infringing (pirated) versions of films from being sourced in UK and Irish cinemas, ensuring that the theatrical release lifecycle is protected as far as possible." Cammer Arrest in 2022 Results in 2023 Conviction As previously reported, in the summer of 2022 at least four high-quality cams were traced back to two cinemas in the UK. A 24-year-old man was convicted in 2023 for fraud and copyright offenses yet remarkably only received an 18-month community sentence. "[T]he sentence was lighter than hoped for, as the defendant had no prior convictions, but the ruling was deemed to have a greater impact on his life than a custodial sentence," FCPA reports. FCPA offers no additional detail, but we understand that the extremely high-quality CAM copies of the movies leaked online were directly linked to the defendant's skills and the career he hoped to pursue somewhere in the film or TV industry. A mere conviction probably ended that dream, regardless of the scale of the punishment. 'High levels of Anti-Piracy Awareness and Vigilance' Throughout 2023, it appears that would-be cammers or those who gave that impression at least, kept cinema staff in the UK and Ireland on their toes. FCPA reports that "high levels of anti-piracy awareness and vigilance" resulted in exhibitors reporting 155 security incidents in 2023, a 7% increase on incidents reported in 2022. "The UK and Ireland's record for in-cinema vigilance is exemplary with the territory continuing to be recognized as a leading light in the global fight against film piracy," FCPA says. "In 2023, successful staff in-cinema efforts to disrupt illegal recordings of films helped to directly protect many FDA member companies' most high-profile theatrical releases including Avatar: The Way of Water, Barbie, Spider-Man: Across the Spider-Verse, Elemental, Indiana Jones and the Dial of Destiny, The Little Mermaid, Mission: Impossible – Dead Reckoning Part One, Oppenheimer and The Super Mario Bros. Movie." As a result, FCPA handed awards to 25 cinema staff last October for their "good disruption work in preventing film piracy incidents." How much they received is unclear but probably not enough for one night at The Peninsula London. Given the implications of CAM copies on the multi-multi billion dollar box office revenues of the movies listed above, rewards five times bigger than they are now would still represent ridiculous value for money. As the results below show, the combined effort in 2023 produced the best anti-piracy performance for UK cinemas since 2012. It doesn't get any better than that. 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