Late last year the RIAA started targeting several YouTube rippers and downloaders by sending relatively rare takedown requests to Google.

Instead of the usual DMCA copyright notices, the music group asked the search engine to remove various URLs for alleged violations of the DMCA’s anti-circumvention provision.

The sites in question circumvent YouTube’s rolling cipher, which is a technical protection measure that protects audio and video from being copied without permission, the RIAA argued. As such, they should be removed from Google’s search results.

This takedown strategy appeared to be quite effective. After taking down the many links to FLVTO, 2Conv, Y2Mate, and Yout, the RIAA expanded its scope to other YouTube rippers. In total, the music group has now targeted thousands of URLs in hundreds of notices.

The upside for the RIAA is that there’s no standard counter-notice option for these requests. So, even when site owners don’t agree with the request, they have no option to protest it. Besides going to court, perhaps.

That doesn’t mean that these operators are sitting idly by while their search traffic is taken away. On the contrary, behind these scenes there’s a full-blown takedown war going on. Or to phrase it less aggressive: a game of takedown whack-a-mole.

Pretty much all of the large YouTube rippers are continuously updating to new URLs, which are not yet taken down by the RIAA. In most cases, new numbers are simply added to the URL. This ensures that their websites continue to show up in Google’s search results.

Take Flvto.biz, for example. People who access the site today will notice that the English homepage redirects to Flvto.biz/en44. However, just a few days ago it used Flvto.biz/en42, and in between, it was accessible through Flvto.biz/en43.

The site keeps updating its URLs to remain visible in Google’s search results. This is indeed needed, as the RIAA continues to send takedown notices similar to the one below.

Many other sites are using the same strategy, which is obvious from new homepages such as 2conv.com/en25, mpgun.com/lang-2en/convert, y2mate.com/en4, ytmp3.cc/en10, savefrom.net/3, and listenvid.com/us4.

The listenvid.com/us4 URL, which is still active at the time of writing, will likely update soon, as the RIAA removed it from Google’s search results just a few hours ago, as can be seen here;

The above clearly shows that many YouTube rippers are not backing down but the RIAA is showing no signs of stopping either. After it started a few months ago, the group’s efforts have only increased. Yesterday alone the RIAA submitted over a dozen notices targeting hundreds of URLs.

The result is a game of whack-a-mole that can potentially continue for years. Unless one side gives up of course.

None of the YouTube rippers we contacted responded to our request for comment. From what we can see, their traffic doesn’t appear to be impacted much. Some have seen a drop in traffic recently, but others witnessed an uptick at the same time. In any case, all the major sites are still findable in Google’s search results.

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For the very first time in a copyright infringement case, South Korea’s Ministry of Culture, Sports and Tourism in conjunction with the National Police Agency has requested a so-called Interpol Red Notice.

Red Notices detail people who are wanted internationally for serious crimes, typically murder, rape, child abuse or armed robbery, according to Interpol. However, South Korean authorities state that since serious copyright infringers can be jailed for significant periods, those with an arrest warrant filed against them can now be pursued internationally.

“Previously, it was not possible to investigate copyright infringers residing abroad, so the investigation would have to be temporarily suspended and only the information notified to immigration,” the Ministry says.

“But now, with a long period of two years in prison or in jail, a copyright infringer with an arrest warrant has been redeemed with the cooperation of the International Criminal Police Agency (Interpol) to arrest the wanted person and lead him to the country.”

The name of the suspect hasn’t been released publicly but the Ministry of Culture states that they want their Interpol partners to apprehend the operator of a torrent site (simply referred to as ‘torrent—‘) that offered around 455,000 titles illegally and generated around 15 million visits per month. The only other detail is that the person is Australian and residing overseas.

In its announcement, the Ministry of Culture revealed recent progress in its battle against large scale copyright infringers who allegedly distribute copyright works using overseas servers. After closing 25 sites in 2018, police say they arrested nine site operators in 2019, arrested a further six, and closed 20 illicit platforms.

Those arrested include three detained for distributing 5,000 comic works and 20,000 pornography titles on sites utilizing overseas servers, plus two who “earned advertising revenues” by posting 100,000 comic works on foreign sites.

In parallel, the Korea Communications Commission and the Korea Copyright Protection Office under the Ministry of Arts and Culture have been working closely to improve the country’s site-blocking mechanism. In common with other regions around the world, alternative domains, proxies and mirrors that quickly spring up after domains are blocked have been receiving special attention.

As part of the overall crackdown, the National Police Agency is reportedly investigating gambling sites that place banner advertising on ‘pirate’ platforms while encouraging international cooperation against infringement, including strengthening ties with service providers and copyright authorities, plus Google.

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In 2018, Justin Sun’s Rainberry Inc. successfully acquired BitTorrent Inc.

While the name Rainberry is rarely used in public, company brands such as BitTorrent, TRON, and TRX are more easily recognized by the public, with controversy rarely far behind.

Developments related to these various brands are usually followed closely by the cryptocurrency press, mainly due to Sun’s voluminous tweets that tend to focus on crypto matters, rather than the file-sharing activities of the uTorrent owner.

This was also the case yesterday when sites including Coindesk began reporting on an employment law dispute that was quietly filed last October by a pair of former Rainberry Inc. employees. However, this development also has an interesting copyright angle that hasn’t been explained in detail.

Richard Hall worked as a product manager at the company while Lukasz Juraszek was employed as an engineer, at least before they were dismissed. Their 70-page lawsuit is a trip through many serious allegations, including racism, threats, the witnessing of physical violence, and a number of closely related matters.

However, concerns over Rainberry’s exposure to copyright infringement issues appear to lie at the root of the legal action.

“Defendant Justin Sun and his hand-picked mainland Chinese-born subordinates were engaged in illegal piracy of copyrighted materials for defendant Rainberry Inc., in order to make a profit from the illegal piracy of those materials, as well as other illegal and unscrupulous activities,” the lawsuit reads.

Both Hall and Juraszek characterize themselves as “whistleblowers” who were subjected to a campaign of harassment after they raised concerns over activity at the company. The lawsuit claims that their employment at Rainberry was terminated following their “outright refusal to engage in criminal violation of state and national statutes concerning piracy of intellectual property”, including Hollywood first-run films.

Hall claims he was assigned by the company to work as Senior Director of Product Management on the emerging file-sharing product known publicly as BitTorrent File System (BTFS). He says he raised concerns with his superiors that depending on the architecture and implementation of caching and delivery algorithms, users of BTFS might be monetarily rewarded (via crypto tokens, such as BTT) for “unknowingly storing and distributing inappropriate content” and/or copyright-infringing material.

These complaints, Hall suggests, resulted in him being demoted in a manner that prevented him from overseeing the BTFS product. Nevertheless, he says he sought out proposals from two law firms specializing in copyright law to provide estimates for a legal review of what Rainberry and TRON were preparing to do, specifically for BTFS and another product called BTFS Movie or BT Movie (the lawsuit uses both).

However, the lawsuit claims that following discussion with Justin Sun, it was determined that no legal review would be carried out. According to Hall, he advised that the ‘Movie’ product should be renamed, so that outsiders wouldn’t be given the impression that the company was encouraging the illegal sharing of movies on the BTFS network.

Shortly after, his employment was terminated on the basis that he was “not a fit” for the company, Hall claims.

“[I]t become clear that Richard Hall was terminated because he raised legitimate legal concerns about the actual or potential for BTFS and associated BTFS Movie projects to be engaged in illegal activity and pirating of copyrighted materials that Justin Sun did not want to have investigated because it would delay the launch and reveal the illegal and nefarious activities in which the company was engaged,” the lawsuit reads.

In July 2019, Lukasz Juraszek reports that he realized that BTFS was no longer a “demo app”. As a result he began to step up his concerns over the application because the company had no control over the content being posted on BTFS “which at the time was entirely hosted on TRON’s infrastructure.”

According to him, the Movie app was then “handed off” to Rainberry’s “Mainland China” office for implementation “by end of July 2019.”

In August 2019, Juraszek says he again raised concerns that illegal content could be downloaded from BTFS, that he was uncomfortable working on the project, and that attorneys should be consulted before further work was done on BT Movie. He later carried out his own investigations by accessing the TRON “BT Movie” website to check if illegal content could be found.

According to him, he found a Chinese-subtitled version of The Lion King (which was still in cinemas) along with Once Upon a Time in Hollywood, Godzilla: King of the Monsters, Hobbs & Shaw, Avengers: Infinity Wars”, and “many, many others.”

On August 20, 2019, following what appears to be several strained interactions with management on a variety of topics, Juraszek was reportedly dismissed for “sharing company information” with a third-party.

How the lawsuit will progress from here is unclear but the former Rainberry employees are demanding $15 million in damages. For his part, Justin Sun is mounting a vigorous defense, demanding that the complaint is dismissed in its entirety and the plaintiffs paying his costs.

The complaint can be found here with answers from Justin Sun and co-defendant Cong Li here and here (all pdf)

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With millions of users, torrent site YTS is one of the largest pirate sites on the Internet.

The site is a thorn in the side of many filmmakers, several of which dragged the site’s operator to US courts last year.

These types of lawsuits have proven to be lethal in the past, but not for YTS. We previously reported that YTS settled its dispute with movie outfit Wicked Nevada, and late last week it reached a similar agreement with HB Productions, the makers of the film Hellboy.

A new filing submitted at a federal court in Hawaii shows that both parties agreed to a stipulated consent judgment. The order, signed by US District Court Judge Alan Kay, effectively ends the lawsuit.

Senthil Vijay Segaran, the suspected operator of YTS, denies liability but confirms that he is the ‘John Doe’ described in the complaint and admits that people used YTS to share pirated content.

“Defendant SENTHIL VIJAY SEGARAN denies liability but acknowledges that he is Defendant JOHN DOE dba YTS identified in the original complaint and concedes that one or more third parties uploaded the torrent file of Plaintiff’s motion picture to his website YTS.LT,” it reads.

The agreement also comes at a high price for the operator. Similar to the previous settlement, Segaran agrees to pay $150,000 to compensate for the damages suffered by the makers of Hellboy.

In addition, the consent judgment includes a permanent injunction. This prevents YTS’s operator from distributing and/or promoting torrent files that point to the Hellboy film. Thus far this is indeed the case, as YTS.lt no longer lists the movie.

It is quite unusual for a movie company to resolve a lawsuit against a torrent site in this manner. Like the previous settlement, this case was handled by attorney Kerry Culpepper, who is also behind the one remaining lawsuit against YTS.

The fact that YTS remains online is good news for millions of YTS users but not all will be pleased. Around the same time that the filmmakers and YTS resolved their differences, new copyright infringement lawsuits were filed against YTS users.

These cases partly rely on information that appears to have been obtained from the YTS user database. For example, a lawsuit filed against Hawaii resident Puakailima Davis last week states the following;

“Defendant, from Internet Protocol (‘IP’) address 72.130.57.100, used a registered account associated with the email address “redactedbyTF@gmail.com” to access torrent files from YTS.

“Defendant went to torrent sites including the website YTS to upload and download Plaintiffs’ copyrighted Works,” the complaints later adds.

The complaint further mentions at what times the defendant “logged into her email address,” although it’s not clear whether that refers to the website login or that of the email provider.

As mentioned previously, an email address itself is not hard evidence. People who register an account with YTS don’t have to confirm their email, so anyone can sign up with a random address, including those of other people.

It’s not stated how all the referenced information was obtained, which leaves us with little more than speculation.

A possible scenario is that the YTS operator gave up the user information as part of the negotiations. This would not be unprecedented, as the developer of the app CotoMovies shared similar information with the film companies in the past.

TorrentFreak contacted Kerry Culpepper, the attorney in charge, but he informed us that he couldn’t comment on the matter at this time.

YTS.lt, meanwhile, remains online.

TorrentFreak obtained a copy of the stipulated consent judgment between HB Productions and Senthil Vijay Segaran, which is available here (pdf). Two new complaints against alleged YTS users are available here (pdf) and here (pdf).

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This week we have three newcomers in our chart.

Terminator: Dark Fate is the most downloaded movie.

The data for our weekly download chart is estimated by TorrentFreak, and is for informational and educational reference only. All the movies in the list are Web-DL/Webrip/HDRip/BDrip/DVDrip unless stated otherwise.

RSS feed for the articles of the recent weekly movie download charts.

This week’s most downloaded movies are:
Movie Rank Rank last week Movie name IMDb Rating / Trailer
Most downloaded movies via torrents
1 (1) Terminator: Dark Fate 6.4 / trailer
2 (3) Joker 8.8 / trailer
3 (…) Doctor Sleep 7.5 / trailer
4 (2) 1917 (DVDscr) 8.6 / trailer
5 (5) Maleficent: Mistress of Evil 6.8 / trailer
6 (…) Playing With Fire 4.7 / trailer
7 (4) Dark Waters (screener) 8.6 / trailer
8 (6) Frozen 2 (DVDScr) 7.2 / trailer
9 (10) Once Upon a Time … in Hollywood 7.9 / trailer
10 (…) Just Mercy (DVDScr) 7.4 / trailer

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Indonesia has been very active on the anti-piracy front in recent months, with the government ordering Internet providers to block hundreds of pirate sites.

Despite these enforcement efforts, several high profile US entertainment industry groups see room for improvement in the Asian country.

The International Intellectual Property Alliance (IIPA), which includes a wide range of copyright groups including the MPA, RIAA, and ESA, made this clear in a recent submission to the US Trade Representative.

IIPA advises the U.S. government to suspend Indonesia’s GSP trade benefits if the country fails to do more to protect the interests of US copyright holders. With many millions of dollars at stake, this is a serious threat.

In their submission, IIPA acknowledges that the Indonesian government has recently taken “significant strides” to combat piracy. However, it also adds that “more should be done.”

The group notes that the movie and music industries “worked” with the government to block hundreds of websites. This resulted in some success stories, such as the recent decision by pirate site IndoXXI to voluntarily shut down.

However, blockades are not always effective. In many cases, the initial drops in traffic that occur after a blockade are undone when sites move to new domain names.

“[T]hese drops in traffic are intermittent as most well-known piracy sites employ a strategy of domain hopping—redirecting domains to circumvent the results of site-blocking efforts,” IIPA writes.

The Indonesian government has already responded to this by blocking new domains as well, but IIPA sees room for improvement on this front.

“The government should streamline the process for rights holders to ensure access to infringing sites is disabled and to deal efficiently with the problem of domain hopping,” the group writes.

These demands are clear but it remains odd to see calls for these types of drastic measures from US companies that have yet to take any action to block a single pirate site in the US itself.

IIPA’s demands don’t end there either – the copyright holders have more suggestions. For example, Indonesia should prioritize enforcement efforts against illegal camcording in theaters as well as live streaming piracy.

“The government should issue clear guidelines and regulations on illegal camcording and live streaming piracy, and take the initiative to reduce instances of these illegal activities as a priority,” IIPA writes.

In addition, piracy apps and the distribution points for piracy-enabling set-top boxes should be dealt with as well.

“IIPA encourages the Indonesian Government to take steps to crack down on piracy apps and on device retailers who preload the devices with apps that facilitate infringement, and take action against key distribution points for devices that are being used illegally.”

This is just a small selection of the demands which also include a repeal of certain copyright exceptions and an extension of the copyright term to the life of the author plus 70 years.

According to IIPA, Indonesia was on the right track but in 2019 progress stalled and even regressed. The organization hopes that by listing a wide variety of improvement opportunities, perhaps with a nudge from the US government, progress can continue.

If the US Government doesn’t see any improvement, it should suspend (some of) the existing trade benefits for the country, the rightsholder groups conclude.

“If, at the conclusion of the review, the Government of Indonesia has not made adequate progress remedying the deficiencies outlined above, IIPA requests that the Committee suspend or withdraw Indonesia’s GSP benefits, in whole or in part,” IIPA writes.

This type of pressure is not new. In 2017 the US Government sanctioned Ukraine following a similar referral from the IIPA. This triggered a wave of copyright-related actions in the country, with President Trump deciding to lift the sanctions a few months ago.

IIPA’s full submission to the US Trade Representative is available here (pdf).

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First launched in 1993, France-based company AlloCiné aims to support the entertainment industries by providing information on movies and TV shows.

The company operates a portal located at Allocine.fr where users can research movies, TV series, actors and view a wide range of additional information such as release dates, for example. While less well-known than iMDb, for example, Allocine.fr is a huge draw with more than 46 million visits per month.

During December 2019 and for reasons that remain unclear, a new wave of DMCA takedown notices began appearing on Google’s Transparency Report, reportedly sent by AlloCiné and targeting a broad range of sites. All told and from a standing start, the company appears to have requested the removal of more than 6,300 URLs from third-party sites, claiming that they infringe AlloCiné’s rights.

Determining whether that’s actually the case is not easy since the notices submitted to Google don’t include links where original content can be found. The first notice, dated December 16, 2019, seems to target sites that give the impression of being streaming portals. They bear no close resemblance to AlloCiné and Google eventually rejected every single request.

This pattern largely continues across many copyright claims targeting thousands of URLs but then even more glaring errors start to appear.

While similar to those that preceded it, this notice asks Google to delete a page on rival entertainment database JustWatch featuring Game of Thrones. It also demands that a link to a Rotten Tomatoes page detailing The Mandalorian is deleted, just one of many targeting the site in the days that followed.

For reasons unknown, this notice targets the History Channel while another attempts to delist a Harley Quinn article published by Newsweek.

With Google refusing to take action for almost all URLs thus far, another notice persists by demanding the takedown of an information page relating to the TV series Asylum City published on the CanalPlus website. Another targets pages on both MetaCritic and Decider after they covered the Disney show The Imagineers.

Things only go down from here, with another notice targeting four more Rotten Tomatoes URLs, one belonging to Hulu, plus one owned by Paramount Network. Just a day later, another notice swooped back for another bite at Hulu (it is targeted in several notices) plus an attack on the site AllSeries.co.uk. While this might sound like a TV show platform, it is in fact a BMW-focused sales and repairs company in the UK.

Sadly, subsequent notices don’t offer any improvement, with one in particular standing out after targeting news site Le Parisien for writing about Netflix, Wired.com for reporting on The Witcher, and Vulture for recapping The Mandalorian.

Quite what AlloCiné is trying to achieve here isn’t clear but the very same notice also targets the New York Times, Netflix, KickStarter, IGN, Express.co.uk, Amazon.com and Amazon.co.uk, Wikipedia and – for good measure – AlloCiné’s very own domain.

TorrentFreak’s request for comment from AlloCiné remains unanswered.

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Last summer several major music companies filed a lawsuit against Internet provider RCN. Helped by the RIAA, they argued that the ISP turned a blind eye to pirating subscribers.

The lawsuit is in many regards similar to the ones against other ISPs, such as Cox, Grande, and Charter, which were all accused of failing to terminate the accounts of repeat infringers.

According to the labels, RCN knew that some of its subscribers were frequently distributing copyrighted material, but failed to take any meaningful action in response. To compensate for this alleged inaction the music companies demand damages.

Last month we saw that the stakes are high in these cases. Following a two week trial, Cox was found guilty with the jury awarding a billion dollars in damages. This is something RCN wants to avoid.

Fighting back, the company submitted a motion to dismiss the lawsuit at the New Jersey federal court this week.

RCN starts by pointing out that the music companies don’t accuse it of hosting any infringing material. Nor do they argue that the ISP promoted its service to illegally share content.

“Instead, the thrust of Plaintiffs’ case is that RCN is secondarily liable because it did not terminate the internet access of subscribers accused of copyright infringement,” RCN writes.

The use of the term “accused” is important here. These accusations come from third-party outfit Rightscorp which sent huge amounts of infringement notifications bundled with settlement requests.

According to RCN, Rightscorp used the threat of legal action to extract settlements from subscribers. With this business model, more notices would generally result in more revenue.

“This means that Rightscorp is incentivized to send huge volumes of infringement accusations, without regard to the amount or frequency of any actual copyright infringement,” the ISP notes.

The music companies don’t claim that they used Rightscorp’s services themselves. Instead, RCN believes that the rightsholders acquired Rightscorp’s data after the fact, to pursue legal campaigns against ISPs.

In any case, the ISP has very little faith in the accuracy of Rightscorp’s piracy notifications and clearly disregards them as credible evidence.

“No reasonable ISP would accept Rightscorp’s copyright infringement allegations as credible, much less actionable. Rightscorp does not provide any evidence whatsoever demonstrating that a given internet user possessed or shared the copyrighted content in question,” RCN writes.

Continuing its motion, RCN explains step by step why the music companies’ claims don’t hold up, starting with the accusation of contributory infringement.

Liability for contributory infringement can only take place if an ISP is aware of direct copyright infringements and actively encourages or induces this activity. That’s not the case, according to RCN, as Rightcorp’s notices are not evidence of direct infringement.

“Rightscorp’s conclusory email allegations cannot confer knowledge of copyright infringement because they are unsupported and unverifiable,” RCN writes.

The ISP also emphasizes that Rightcorp’s notices are not DMCA compliant. They don’t provide sufficient information to disable or remove infringing content, nor do they properly identify the works, as there is no mention of copyright registration numbers.

In addition, RCN points out that its Internet service has substantial non-infringing uses, adding that the music companies failed to show that the ISP promoted or contributed to any infringing uses of its network.

“Plaintiffs only allege that RCN provided the alleged direct infringers with internet access. This is far too attenuated from the infringing conduct to constitute material contribution,” RCN adds.

The claim of liability for vicarious copyright infringement also falls flat, RCN argues. The ISP says doesn’t profit from any of the alleged infringing activity nor does it have the ability to control it.

Finally, the music companies’ claim of liability for direct infringement can’t be proven either, simply because there’s no hard evidence that any RCN subscribers engaged in piracy.

“Taking Plaintiffs’ allegations as true, they cannot show that any infringing content was unlawfully obtained over RCN’s network, or that any user of RCN’s engaged in conduct directly infringing Plaintiffs’ distribution rights,” RCN notes.

According to the ISP, the music companies failed to state a proper claim so it, therefore, asks the court to dismiss the complaint.

The music companies still have the option to reply to RCN’s arguments after which the court will rule on the matter.

In related cases, other ISPs have submitted similar motions, with some being more successful than others. Grande managed to have the vicarious infringement claim dropped, for example, but Cox’s attempt to do the same failed.

A copy of RCN’s motion to dismiss the music companies’ complaint is available here (pdf).

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DMCA notices or their equivalents can be filed against websites, hosts, ISPs and other services almost anywhere in the world, with the majority of entities taking some action in response.

At Google, for example, the company receives DMCA notices requesting that allegedly-infringing URLs are delisted from search results and at this company alone, the scale is astonishing. At the time of writing, Google has processed requests to remove 4.43 billion URLs from its indexes across 2.77 million domains. These were filed by more than 196,100 copyright holders and 186,100 reporting organizations, which includes anti-piracy groups.

This week, one of those anti-piracy groups reached a historic milestone. French anti-piracy group Rivendell sent its 500 millionth URL delisting request to Google, breaking the half-a-billion barrier for a single reporting entity for the first time.

Hervé Lemaire is the owner of Rivendell’s sister company LeakID, a company he formed in 2006 after he left EMI/Virgin as Head of Digital. Speaking with TorrentFreak this week, he explained that Rivendell was launched in 2013 with a key focus to prevent unlicensed content appearing in Google’s indexes.

Lemaire didn’t provide specific details on Rivendell’s top clients but a cursory view of Google’s report shows many familiar names from the world of entertainment, including what recently appears to be a strong focus on sports content owned by the Premier League and Italy’s Serie A.

In common with all anti-piracy companies, Rivendell isn’t keen to give away its secrets. Lemaire did confirm however that patroling Google’s indexes is only part of the puzzle and that scanning piracy platforms to identify infringing material quickly plays a big part.

When it comes to dealing with Google itself, Lemaire bucks the trend by complimenting (rather than criticizing) the company for its anti-piracy work.

“We work closely with the Google team and we are very happy with them,” he told TF. “They are very cooperative and when we have a problem with a link we always have an answer and a solution from them.”

Google doesn’t impose any reporting limits on Rivendell either, with Lemaire noting that all Google wants is to work with “serious companies doing a serious job.”

While the sending of more than half-a-billion URL reports is certainly remarkable, it’s worth breaking down what type of action was taken in response to them. The image below shows what action Google took, with just under three-quarters of URL requests resulting in immediate removal.

That raises the question of why 25% of Rivendell’s URL reports failed to result in content being removed.

The red category – almost 20% – indicates content that didn’t actually exist in Google’s indexes at the time it was detected by Rivendell. The company suggests that because it acts so quickly, it can detect content before it appears in Google’s results.

“If you search the links only on Google, you have nothing to do with the protection of content,” Lemaire says.

“We do not expect Google to show us the pirated links [immediately]. To be effective we must go to where content is found before it appears on the search engine, especially for live content.”

This type of proactive takedown isn’t a problem for Google. As previously revealed, the company is happy to receive the URLs for content it hasn’t yet indexed for action when they do eventually appear.

“We accept notices for URLs that are not even in our index in the first place. That way, we can collect information even about pages and domains we have not yet crawled,” Google copyright counsel Caleb Donaldson previously explained.

“We process these URLs as we do the others. Once one of these not-in-index URLs is approved for takedown, we prophylactically block it from appearing in our Search results.”

Lemaire also has straightforward explanations for the other categories too. Requests labeled as ‘duplicate’ by Google have already been targeted by other anti-piracy companies while the 1% marked “No Action” can be the result of several issues including a lack of evidence, a homepage delisting request, hidden content, or even a ‘fake’ pirate website.

The big question, however, is whether all of these delisting efforts actually have any serious impact on the volumes of pirated content being consumed. Lemaire is clear: “It works.”

“For live events like football we were the first to work on removing links before, during and after matches. This is why several European leagues trust us in particular on this subject,” he says.

“In general, the removal of illegal links allows legal offers to occupy the top places in search results. There are still improvements to be made regarding the pagerank of illegal sites, however.”

Lemaire is brief when questioned on what measures are taken to avoid erroneous takedowns, stating that all domains are validated before they are notified to Google. Finally, he also appears to recognize the resourcefulness of his adversaries but says that countering them is enjoyable.

“Pirates are not stupid and are constantly finding new solutions. It’s up to us to work to outsmart them .. we love it,” he concludes.

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In recent years, Swedish movie outfits and Hollywood studios, including Disney, Paramount Pictures and Warner Bros, have been working hard to get local ISPs to block The Pirate Bay.

The first success came a few years ago when a blocking order was issued against local Internet provider Bredbandsbolaget. This was later followed by an interim order against Telia, Sweden’s largest ISP, which was struck down on appeal and sent back to the lower court.

During the second try of the case movie companies again requested a blocking order against The Pirate Bay, as well as three other sites, Dreamfilm, FMovies, and NyaFilmer.

Last month this case was decided in favor of the rightsholders, with the court not only issuing a blocking injunction but also one that can be extended

The Swedish Patent and Market Court ordered Telia to block access to the four pirate sites to prevent these from facilitating further copyright infringement. In addition, the rightsholders are also allowed to add new domain names and IP-addresses going forward.

The movie companies requested this expansion option since blocking orders are often circumvented through new domains and proxy sites. Telia objected to the request for such a “dynamic” blocking order, but the court sided with the copyright holders.

“It is clear that the services change domain names and URLs and that this is a quick, easy and inexpensive way to bypass the effect of a blocking procedure,” the court writes.

“A blocking injunction should, therefore, in order to effectively serve the rights holders’ interest in preventing infringements, not merely target specified domain names and URLs,” the order adds.

This effectively means that Telia must update its blocklist when it’s made aware of changes. Any new URLs and IP-addresses have to provide access to any of the four pirate sites, including The Pirate Bay.

Telia also objected to the general blocking order and questioned whether the rightsholders had shown any proof of infringement. However, the court refuted these arguments and stressed that, under EU law, ISP can be ordered to stop pirating subscribers.

The case resulted in a clash between several rights that are defined in the Charter of Fundamental Rights of the European Union. In this instance, the property rights of the movie companies weigh stronger than Telia’s right to entrepreneurial freedom.

Hans Eriksson, Senior Associate at the law firm  Westerberg & Partners, highlighted the case at IPKat, believes that dynamic injunctions, which can be updated regularly, will become more and more common.

“Dynamic injunctions like this one are likely to be the future for blocking injunctions in Europe,” Eriksson tells TorrentFreak.

The Market Court’s injunction is valid for three years. If Telia fails to properly implement the blockades, it risks a penalty of 500,000 Swedish Krona (€47,500). Telia is not happy with the outcome, however, and has already filed an appeal.

A copy of the Patent and Market Court’s order, in Swedish, is available here (pdf).

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