Friday, January 28, 2022

TorrentFreak's Latest News

 

BeIN First to Use New Anti-Piracy Law to Block 18 Pirate Streaming Sites
Andy Maxwell, 28 Jan 08:37 AM

footballFor many years there have been established processes for removing infringing content and links to infringing content from the internet. The US is famous for its DMCA legislation, for example, and EU countries have similar rules in place.

At least in theory, these laws can be used to take content down but pirate sites tend not to be particularly compliant. This often pushes rightsholders down the path of court-ordered site blocking which compels local ISPs to deny subscriber access to domains and/or IP addresses.

Local law sometimes needs a tune-up to provide the best results and in October 2021, France did just that with the passing of new legislation that in addition to laying the ground for a new anti-piracy agency called Arcom (launched on January 1, 2022), also deals with pirate sports streaming sites.

beIN Becomes First Broadcaster to Use New Law

beIN has a long history of tackling piracy of its broadcasts, most notably in its battle against Saudi-backed pirate TV service beoutQ. In France, the company previously booked a major success in an earlier case where five men who operated a ring of streaming sites were found guilty of criminal offenses.

Utilizing Article L. 333-10 of the Sports Code, which provides access to an accelerated legal process for the purpose of implementing "proportionate measures" to prevent infringement "against any person likely to contribute to remedying it", beIN has now become the first company to obtain a blocking injunction under the new legislation.

Earlier this month beIN summoned several ISPs including Orange, SFR, Free, Bouygues Télécom, Colt and Outremer Télécom before the Paris Court of Justice. The company requested the blocking of almost 20 domains that allow consumers to access beIN content without paying for it. They read as follows:

beinmatch.tv, beinmatchtv.tv, kooora4live.net, kooora4lives.com, kora-online.tv, kooraonline.tv, yalla-shoot.us, cloud.yalla-shoot.us, tv.kora-star.com, Livetv.sx, Cdn.livetv491.me, sekdrive.net, sportnews.to, fcstream.cc, freestreams-live1.com, fc.freestreams-live1.com, aflam4you.tv, can2021.aflam4you.tv (List via NextInpact)

Blocking Injunction Granted

In an announcement this week, beIN revealed that a decision in its favor was handed down by the Paris Court of Justice on Thursday 20, 2022.

"As part of the new legislative system aimed at combating the piracy of sports content, beIN SPORTS France, a pioneer in the fight against the illegal distribution of sports content and events, has obtained the first court decision requiring the blocking of previously identified fraudulent addresses and sites," beIN says.

It's been reported that the beIN complaint may have been filed as recently as January 11, so by any standard the response from the court is impressive. ISPs are reported to have acted quickly too, with beIN noting that their customers are no longer able to access "illegal live broadcasts".

Of course, this statement relates only to these specific pirate streaming services, not the thousands that remain unblocked. That being said, the new legislation gives the new Arcom anti-piracy agency the ability to block any new domains that may spring up to mirror or facilitate access to the sites listed in the order.

beIN Pleased With the Process and Outcome

"beIN SPORTS commends the speed of the procedure and the diligence with which the blocking measures were put in place," says Caroline Guenneteau, Deputy Secretary General of beIN Media Group.

"This very first court decision is the result of years of work and the fight against piracy carried out by beIN MEDIA GROUP, and by beIN SPORTS France, in order to protect the intellectual property of broadcasters and rights holders, and to preserve the ecosystem of the sport.

"It concretely records the entry into force of the new legal system aimed at simplifying and accelerating the blocking and inaccessibility of fraudulent sites and/or addresses, broadcasting illegal content via streaming or IPTV."

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

Pirate Site Traffic Surged in 2021, Research Finds
Ernesto Van der Sar, 27 Jan 09:54 PM

pirate-flagDespite the growing availability of legal options, online piracy remains rampant. Every day pirate sites and services are used by millions of people worldwide.

This is a serious problem for major content producers, Hollywood included. At the same time, it's also seen as a threat to the broader economy, which generates hundreds of billions of dollars from video entertainment.

The piracy landscape is still vast and complex, despite the fact that there are more legal options than ever before. A new report published by the cybersecurity firm Akamai and piracy tracking outfit MUSO attempts to put a number on it.

Both companies are known to have a fairly nuanced view of the piracy problem. They don't only see it as a threat but also as a massive opportunity, as many pirates can potentially be converted into paying customers.

132 Billion Visits

The "State of the Internet" report that was released by Akamai this week shows that there is plenty of potential. According to their data, provided by MUSO, the number of global visits to pirate sites rose significantly over the past year.

During the first nine months of 2021, they recorded 132 billion visits to pirate sites. This includes websites that are commonly dedicated to TV-show, movie, music, software, and publishing-related copyright infringement. That includes The Pirate Bay, Fmovies, but also Sci-Hub.

132 billion is a 16% increase compared to the first nine months of the year before, which included the piracy peak of the coronavirus pandemic. At the same time, it's also more than the number of visits for the whole of 2020.

TV Piracy Dominates

Looking at the various content categories, it's clear that TV-related piracy is dominant. The report shows that there were over 67 billion TV piracy visits, which is roughly 50% of all pirate site traffic.

The publishing category is in second place with 30 billion visits (23%), followed by films with 14.5 billion (11%) and music with 10.8 billion (8%). Software piracy closes the ranks with a 'measly' 9 billion visits (7%).

These numbers are global and it is no surprise that there are quite a few regional differences. The United States remains the global piracy leader with over 13 billion visits, followed by Russia, India, China, and Brazil at a respectable distance.

The dominance of these countries can be in part be explained by their Internet populations, which are also among the largest in the world. That said, it's surprising to see that 10% of all pirate site visits worldwide come from the US.

piracy map

Akamai also shares some content-related data. Based on streaming and torrent data, they report that "Godzilla vs. Kong", "Zack Snyder's Justice League" and "Black Widow were the most pirated films.

In the TV category, "Loki", "Wandavision" and "Rick and Morty" are the most pirated titles. These shows also appeared in our own ranking a few weeks ago.

Up or Down?

Piracy statistics can be quite confusing at times. We have published several reports which showed that piracy is declining. Just a few weeks ago an EU study, also based on MUSO data, showed that pirate site visits in Europe have roughly halved between 2017 and 2020.

This isn't as conflicting as it may seem, as global piracy traffic also dropped previously, according to MUSO data. In 2018, for example, there were 190 billion visits for the entire year. And in 2017, MUSO first reported that there were 300 billion visits, a number that was later adjusted to 206 billion.

The new data suggest that pirate site visits are not as numerous as they once were. However, compared to 2020, they are certainly rising again.

"When examining piracy globally and across the film, TV, software, publishing, and music industries, the vast scale of piracy is clear. Perhaps more concerningly, in many areas, piracy is still a growing problem, with an overall 16% increase on the previous nine-month period," James Mason, CTO of MUSO says.

Piracy: A Complex Puzzle

It's worth noting that the numbers reported above only apply to regular pirate sites visits. This means that a large and growing part of the piracy ecosystem, including dedicated piracy boxes and illegal IPTV offerings, are not included.

The complexity is also apparent on the anti-piracy enforcement side. Steve Ragan, security researcher at Akamai and author of the report notes that there's no silver bullet to address each type of piracy online. However, a combination of measures can certainly make a dent.

At the same time, Akamai also found that not all pirates refuse to pay. Many of them already have subscription services, but use unauthorized sites to complement their entertainment consumption.

"Many of the conversations that Akamai researchers observed online related to piracy show that while a given show or movie is being pirated, those looking for this content pay to access other streaming services.

"The reason — outside of criminal enterprise — that many are pirating the content that they do is lack of access and availability," the report adds.

This means that, while it's vital to crack down on the criminal side of piracy sites and services, there's still some progress to be made at the supply aide as well. That is, if the subscription fatigue hasn't kicked in yet.

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

 
 
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Thursday, January 27, 2022

TorrentFreak's Latest News

 

Huge Pirate IPTV Crackdown Hits Network Supplying 500,000 Users
Andy Maxwell, 27 Jan 08:27 AM

IPTVIn 2020, authorities in Italy revealed the existence of 'Operation: The Net', a broad investigation targeting the supply and sale of pirate IPTV services.

Initial interventions took place in September 2020 and in December that year, authorities announced the takedown of a 50,000 user platform following an investigation carried out by Sky and football league Serie A.

Authorities Dismantle "500,000 Subscriber" Network

According to an announcement from the Milan Public Prosecutor's Office, on Wednesday officers from the Guardia di Finanza executed warrants across Italy that dismantled a very large pirate IPTV network said to have serviced 500,000 customers.

The targeted network is described as being supported by a "complex technological infrastructure" operating at a national level to illegally supply pay TV channels to the public.

Authorities say they carried out searches in Tuscany, Emilia-Romagna, Campania and Calabria, targeting the homes of 20 suspects who in various ways were involved in the supply and distribution of illegal streams. All are under investigation for breaches of copyright law.

ISP and Stream Source Identified

Other than its obvious scale, the operation is particularly interesting given some of the identified targets. In Campania, authorities say they were able to identify the administrator of 'CyberGroup', a service well known in pirate IPTV circles for facilitating access to illegal streams. The Guardia di Finanza of Milan says that CyberGroup is a "real" internet service provider whose servers were used by a number of illegal IPTV services.

Also in Campania, authorities further identified an entity responsible for the management of payments relating to pirate Sky TV subscriptions. In Tuscany, a search was carried out against a suspect who reportedly used 50 mobile devices to illegally distribute Sky TV content.

Rightsholders and Anti-Piracy Groups Welcome The Action

Sky TV, one of the rightsholders affected by the illegal operation, was quick to praise the authorities.

"The Guardia di Finanza has Sky's full support in its work to combat audiovisual piracy and we welcome today's operation, the latest in a series of increasingly effective actions aimed at putting an end to this illegal phenomenon. Audiovisual piracy not only finances organized crime and adversely affects creative industries, but also poses real risks for end users," the broadcaster said.

Federico Bagnoli Rossi, Secretary General of anti-piracy group FAPAV (Federation for the Protection of Audiovisual Contents and Multimedia) noted that the dismantling of the network will help legitimate content providers.

"The operation coordinated by the Milan Public Prosecutor's Office and conducted by the Guardia di Finanza, to whom our applause and thanks go for the constant work carried out to protect audiovisual content, led to the dismantling of a complex criminal network operating at national level and dedicated to the illegal dissemination and sale of pirate subscriptions for the use of television content," Rossi said.

"We once again thank the Police Forces and the competent Authorities for the work carried out which proves to be fundamental and decisive for protecting an industrial sector, such as the audiovisual one, fundamental for the economy and employment of our country."

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

YouTube Wants 'Fraudulent" Copyright Claimant Kept in Class Action Lawsuit
Andy Maxwell, 26 Jan 08:08 PM

Sad YouTubeIn the hope of accessing YouTube's Content ID system, in 2020 musician Maria Schneider launched a class action lawsuit that alleged mass infringement and serious deficiencies in YouTube's copyright enforcement measures.

She did so with the support of a shadowy company called 'Pirate Monitor' but an in-depth investigation by YouTube later revealed that the entity was up to no good.

In order to build its case against YouTube, Pirate Monitor had uploaded around 2,000 movie clips to YouTube and then filed fraudulent takedown notices to have that content removed. It later admitted it didn't hold the copyrights to the works it asserted in the case.

YouTube went on to file a counterclaim and named Hungarian film director and California resident Gábor Csupó (who previously worked on The Simpsons, Rugrats, Duckman, Stressed Eric, and Aaahh!!! Real Monsters) as the person presiding over Pirate Monitor.

With allegations of fraud threatening to bring the class into disrepute, Pirate Monitor voluntarily dismissed its claims against YouTube but the video platform refused to back down, keeping the allegations of a "wide-ranging fraud" in its counterclaim intact.

In the wake of Pirate Monitor's withdrawal, Schneider filed a first amended complaint that added two new parties to the action – Uniglobe Entertainment, LLC and AST Publishing. Yet again (and as it did earlier with Schneider and Pirate Monitor) YouTube pointed out huge deficiencies in the claims of the new companies and in December asked the court to dismiss the entire complaint.

Plaintiffs Want Counterclaim Handed Separately

In the meantime, however, Pirate Monitor and its behavior are back at the forefront of the case after the plaintiffs asked the court to sever YouTube's counterclaim from the case so it can be handled separately. Predictably, YouTube is having none of it.

In its opposition to the motion to sever, YouTube says that after "handpicking" Pirate Monitor to lead the putative class action based on claims that it was suffering in the same way as other copyright holders around the world, Pirate Monitor was held up as a "perfect example" of a copyright holder wrongly denied access to Content ID. With its "fraudulent" actions showing otherwise, the opposite was evident.

"Pirate Monitor has instead proven to be a perfect example of why YouTube does not — and cannot — offer Content ID to everyone," YouTube's response reads. "Giving Pirate Monitor the power to control and block videos based on bogus copyright claims like those it asserted here could have visited significant hardship on countless YouTube users."

YouTube says that when the plaintiffs could no longer deny Pirate Monitor's misconduct, the company dismissed its own claims with prejudice. This demonstrates that the plaintiffs only wish to sever YouTube's counterclaims against Pirate Monitor because its own actions support YouTube's position that Content ID access will be abused if they allow anyone to use it.

"It is hard to imagine a better embodiment of YouTube's concerns about Content ID misuse than Pirate Monitor. Its baseless assertion of copyright ownership and its fraudulent infringement claims would, if made through Content ID's automated machinery, wreak havoc on other users and YouTube itself. As a result, the presentation of YouTube's counterclaims against Pirate Monitor will confirm the need for Content ID access restrictions and refute Plaintiffs' charge that the restrictions are intended to enable 'copyright piracy'," YouTube writes.

"Plaintiffs chose Pirate Monitor as their standard bearer at the start of this case," the video platform continues.

"They understandably now wish to distance themselves as much as possible. But the overlap between Plaintiffs' affirmative claims, YouTube's counterclaims, and Pirate Monitor's defenses is plain, and no legitimate interests would be served by severing the counterclaims at this point."

"YouTube Believes Pirate Monitor Sullys The Case"

In their reply in support of their motion to sever, the plaintiffs frame things very differently. They argue that the idea of severance is to promote judicial economy and to avoid prejudice. They note that YouTube is seeking $20,000 in its counterclaim against Pirate Monitor but that has already resulted in "significant waste and prejudice."

According to them, YouTube has already spent in excess of $100,000 in attorney's fees litigating its counterclaims, an "exponential disparity" that makes a settlement "the only rational path" to resolve the claims. Indeed, the plaintiffs claim that severance would facilitate such a settlement but they believe YouTube isn't interested in the money.

"The sole justification for this waste is YouTube's improper desire to distract from the claims brought by Plaintiffs Maria Schneider, Uniglobe Entertainment, and AST Publishing in their pursuit of class-wide relief," they inform the court.

"If the cases are not decoupled, however, YouTube will continue to press the claims against Pirate Monitor for the simple reason that YouTube believes these claims sully the class and will unduly influence the decision-maker — inappropriate reasons to contest severance."

The plaintiffs further state that YouTube is using its counterclaims against Pirate Monitor as a "guilt-by-association weapon to be wielded against Plaintiffs and the putative class," adding that severance would not prejudice YouTube.

The related court documents can be found here (1,2 pdf)

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

 
 
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Wednesday, January 26, 2022

TorrentFreak's Latest News

 

Rojadirecta Operator Faces Multi-Year Prison Sentence in Upcoming Trial
Ernesto Van der Sar, 26 Jan 09:32 AM

Red CardFounded more than 16 years ago, Rojadirecta is one of the oldest and most popular linking sites for sports streaming events.

The site, which is operated by the Spanish company Puerto 80 Projects, has built a loyal user base over the years. At the same time, it has fought quite a few legal battles too.

Copyright holders have repeatedly accused Rojadirecta of facilitating piracy because users share links to unauthorized broadcasts. This has landed the site in court on more than one occasion and also drew the attention of the US Department of Justice.

In 2011, Rojadirecta's domain name was seized by U.S. authorities as part of "Operation in Our Sites." While that would be the end of most linking platforms, Rojadirecta challenged the domain seizure with success. After eighteen months, the domain was returned.

Criminal Prosecution

In the years that followed legal trouble kept coming back, however. Today, the site is blocked in several countries including the UK, Denmark, and Uruguay. Perhaps even more worryingly is that on its home turf in Spain, a criminal trial is about to start.

The legal issues in Spain are far from new. Years ago the site won two lawsuits in Spain, which declared the site as operating legally under local law. However, in 2016 the tide started to turn. A local court ordered the site to stop linking to unauthorized streams and, around the same time, a criminal investigation was launched.

Rojadirecta's operator was arrested soon after the investigation began. He was later released but the authorities didn't let the case go. This week, a La Coruña court announced that the matter will go to trial as there is now sufficient evidence.

Potential Prison Sentences

Local news outlet Marca reports that the prosecution will seek a four-year prison sentence for Rojadirecta founder and operator Igor Seoane, who must post bail of four million euros. A trial date has yet to be scheduled.

In addition to the operator, the prosecution will also go after five accomplices who face potential prison sentences of between three months and two years. Naturally, a site shutdown is also on the line, if the defendants are found guilty of copyright infringement.

Spanish football league LaLiga and rights owner Mediapro are listed as victims in this case. They seek a six-year prison sentence for Seoane and more than six million euros in damages.

Blocked in Spain

It is worth noting that Rojadirecta already started blocking Spanish visitors years ago following the aforementioned blocking order. The site now receives most traffic from the US, Mexico, and Latin America, and remains up and running.

TorrentFreak reached out to Rojadirecta yesterday with a request for comment. The operator said that he was not in the position to comment immediately. If a response is received we will update the article accordingly.

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

Tor Project Mounts Legal Challenge to Oppose Russian Blocking
Andy Maxwell, 25 Jan 08:37 PM

TorIn an effort to control what its citizens can access on the internet, over the past several years Russian authorities have stepped up their blocking and censorship efforts.

Some initiatives, such as the blocking of websites and URLs to reduce copyright infringement, are commonplace outside Russia but local authorities have also begun defining additional content categories, including some political dissent, as illegal. As a result, not only is this content blocked by ISPs but those who provide means to unblock it can also find themselves on the wrong side of the law.

This has sucked some VPN providers into the debate and after they failed to comply, Russia blocked them too, with the inevitable fallout and collateral damage.

Tor Becomes the Next 'Logical' Target

In the weeks leading up to the new year, reports indicated that Russia was taking action against Tor nodes, most likely by deploying the same Deep Packet Inspection (DPI) system it previously used to throttle Twitter and to silence the Smart Voting website developed by jailed opposition politician Aleksei Navalny.

The efforts didn't appear to affect the whole of Russia but many ISPs were affected. Soon after, Russian politicians began openly criticizing Tor as a tool for criminals, with one going as far as labeling it "an "absolute evil". Soon after, problems hit the Tor Project's main domain.

Following a warning from local telecoms watchdog Roscomnadzor supported by a decision from the Saratov District Court dating back to 2017, Russian authorities ordered local ISPs to block TorProject.org.

Fighting Back

Since then, Tor supporters have been working to mitigate the blocking measures, which include attacks on Tor bridges or relays that are not listed in the public Tor directory.

This cat and mouse game could go indefinitely so in the meantime, the Tor Project has decided to take legal action in Russia to contest the blockade.

In partnership with digital rights activists at Roskomsvoboda, an organization that champions privacy, anonymity, freedom of information and prohibition of censorship, on January 11, 2022, The Tor Project, Inc. filed an appeal at the Saratov District Court against Russia's blocking measures.

Without naming any specific content at all, Russia says it took action to prevent access to Tor's "anonymizing browser" in order to restrict access to sites that host content included in the "Federal List of Extremist Materials".

Roskomsvoboda believes that the Court acted illegally and the order should be overturned.

"Order Violates Constitutional Rights"

According to the digital freedoms group, the decision of the Court should be canceled on the basis that it violates the constitutional right to freely provide, receive and disseminate information and protect privacy. The blocking decision was also handed down without the participation of Tor representatives, which violated their procedural rights and the fairness of the process.

"The decision of the court is contrary to the law and already established practice. According to the position of the Supreme Court, any decision made without the participation of the owner of the site is unjust and violates the rights of this owner," says Roskomsvoboda legal representative Sarkis Darbinyan.

"In addition, we have the decision of the ECtHR [European Court of Human Rights] in the Engels v. Russia case, which states that blocking a technical network tool is no different from trying to restrict access to printers and photocopiers, since they can also be used to reproduce extremist materials."

Tor Project Executive Director Isabela Bageros is hopeful that the process in Russia, which began with the filing of an appeal on January 11, 2022, will lead to a positive outcome both for Tor and Russian netizens.

"With the help of Roskomsvoboda lawyers Sarkis Darbinyan and Ekaterina Abashina, we will appeal the court decision and hope to correct this situation and help create a precedent for the protection of digital rights in Russia," Bageros says.

Separately, Russian telecoms watchdog Roscomnadzor, which oversees blocking in Russia, sent a complaint to YouTube this week demanding the restoration of two channels operated by a music group and a local radio station that were suspended by YouTube due to copyright infringement complaints.

"Roscomnadzor believes that such actions on the part of the YouTube video hosting administration violate the key principles of the free distribution of information, unimpeded access to it, and are an act of censorship, which is prohibited under the Russian Constitution," the watchdog said.

The joint Tor/Roskomsvoboda campaign website can be found here

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

 
 
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