Every week dozens of new copyright cases are filed in the United States. While our reporting is mostly limited to online piracy cases, on occasion there are other lawsuits worth highlighting.

Yesterday, the Michael Jackson Estate filed a copyright infringement complaint against The Walt Disney Company and ABC, who aired the primetime special “The Last Days of Michael Jackson” last week.

According to the claim, Disney and ABC’s broadcast used at least thirty different copyrighted works owned by the Estate, without permission. In fact, Michael Jackson’s heirs specifically urged the media titans not to use its intellectual property without a license.

Since Disney is known to be an avid protector of its own rights, the Estate calls out the company’s double standard.

“Apparently, Disney’s passion for the copyright laws disappears when it doesn’t involve its own intellectual property and it sees an opportunity to profit off of someone else’s intellectual property without permission or payment,” the complaint reads.

The complaint stresses that Disney is known for its strict copyright enforcement actions and a narrow view of copyright law’s “fair use” doctrine.

“For example, just a few years ago, [Disney] sent DMCA takedown notices to Twitter, Facebook, and other websites and webhosts, when consumers posted pictures of new Star Wars toys that the consumers had legally purchased.

“Apparently, Disney claimed that simple amateur photographs of Star Wars characters in toy form infringed Disney’s copyrights in the characters and were not a fair use,” the state writes.

However, when the Estate urged Disney not to use any of its copyrighted works without permission, Disney’s attorney used fair use as a defense. The company argued that it could legally use Jackson’s copyrighted material since the broadcast was labeled as a documentary.

This is “absurd” and “dead wrong” according to Jackson’s heirs, who see it as a blatant form of infringement which even the founders of Napster would recognize.

“Disney’s fair use argument is patently absurd. Even setting aside Disney’s blatant hypocrisy given its notorious history regarding third party uses of its own copyrights, Disney’s argument here is one that would probably make even the founders of Napster pause,” the complaint reads.

Turning the tables on Disney, the Estate gives several examples of cases where the media giant is likely to object to its own fair use arguments.

“[I]f Disney’s position on fair use of the Estate’s copyrights were accepted one could create a two-hour documentary about the Star Wars franchise, by summarizing each film and using extensive clips from each film while playing the iconic Star Wars music in the background of interviews and narration, and all without permission from Disney.

“We are confident that Disney would not react kindly to attempts by others to create such projects without getting permission from Disney and paying Disney for the use of its property,” the Estate adds.

The arguments sound convincing, but it has to be noted that documentary makers can indeed claim fair use under the right conditions. Whether that is the case here is up to the California District Court to decide.

According to Jackson’s heirs, it’s clear that Disney and ABC have gone too far. They, therefore, request an injunction preventing any further infringement as well as damages for the losses they’ve suffered.

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A copy of the Michael Jackson Estate’s complaint against The Walt Disney Company and ABC is available here (pdf). (thanks BYU Copyright)

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As Internet-capable set-top boxes pour into homes across all populated continents, authorities seem almost powerless to come up with a significant response to the growing threat.

In standard form these devices, which are often Android-based, are entirely legal. However, when configured with specialist software they become piracy powerhouses providing access to all content imaginable, often at copyright holders’ expense.

A large proportion of these devices come from Asia, China in particular, but it’s relatively rare to hear of enforcement action in that part of the world. That changed this week with an announcement from Hong Kong customs detailing a series of raids in the areas of Sham Shui Po and Wan Chai.

After conducting an in-depth investigation with the assistance of copyright holders, on May 25 and 26 Customs and Excise officers launched Operation Trojan Horse, carrying out a series of raids on four premises selling suspected piracy-configured set-top boxes.

During the operation, officers arrested seven men and one woman aged between 18 and 45. Four of them were shop owners and the other four were salespeople. Around 354 suspected ‘pirate’ boxes were seized with an estimated market value of HK$320,000 (US$40,700).

“In the past few months, the department has stepped up inspections of hotspots for TV set-top boxes,” a statement from authorities reads.

“We have discovered that some shops have sold suspected illegal set-top boxes that bypass the copyright protection measures imposed by copyright holders of pay television programs allowing people to watch pay television programs for free.”

Some of the devices seized by Hong Kong Customs

During a press conference yesterday, a representative from the Customs Copyright and Trademark Investigations (Action) Division said that in the run up to the World Cup in 2018, measures against copyright infringement will be strengthened both on and online.

The announcement was welcomed by the Cable and Satellite Broadcasting Association of Asia’s (CASBAA) Coalition Against Piracy, which is back by industry heavyweights including Disney, Fox, HBO Asia, NBCUniversal, Premier League, Turner Asia-Pacific, A&E Networks, Astro, BBC Worldwide, National Basketball Association, TV5MONDE, Viacom International, and others.

“We commend the great work of Hong Kong Customs in clamping down on syndicates who profit from the sale of Illicit Streaming Devices,” said General Manager Neil Gane.

“The prevalence of ISDs in Hong Kong and across South East Asia is staggering. The criminals who sell ISDs, as well as those who operate the ISD networks and pirate websites, are profiting from the hard work of talented creators, seriously damaging the legitimate content ecosystem as well as exposing consumers to dangerous malware.”

Malware warnings are very prevalent these days but it’s not something the majority of set-top box owners have a problem with. Indeed, a study carried by Sycamore Research found that pirates aren’t easily deterred by such warnings.

Nevertheless, there are definite risks for individuals selling devices when they’re configured for piracy.

Recent cases, particularly in the UK, have shown that hefty jail sentences can hit offenders while over in the United States (1,2,3), lawsuits filed by the Alliance for Creativity and Entertainment (ACE) have the potential to end in unfavorable rulings for multiple defendants.

Although rarely reported, offenders in Hong Kong also face stiff sentences for this kind of infringement including large fines and custodial sentences of up to four years.

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Two years ago we revealed how scammers were abusing the DMCA to extract cash payments from innocent Internet subscribers.

They used the name of piracy-tracking firm IP-Echelon and several major copyright holders, including HBO, to demand settlements for allegedly pirated content.

The DMCA scam was pretty convincing. The emails lacked IP-Echelon’s PGP signature but were good enough to fool some Internet providers into forwarding them. If anything, it revealed that these type of notices should be carefully vetted.

While we haven’t seen any reports of these fraudulent notices since, Internet provider Grande Communications has taken an interest in the matter, in preparation for its piracy liability case against the RIAA.

This case relies on DMCA notices sent by IP-Echelon competitor Rightscorp. The ISP is therefore eager to hear out IP-Echelon to find out more about the issue, noting that they received the scam emails as well.

“Grande has also received IP-Echelon infringement notices, which include both authenticated, PGP-signed infringement notices from IP-Echelon, as well as fake, non-PGP-signed notices which falsely claim to be from IP-Echelon,” Grande informed the court late last week.

“In light of this phishing scam involving IP-Echelon and Grande, as well as the similarity of IP-Echelon’s role in investigating and sending infringement notices regarding alleged BitTorrent-based infringements to the role played by Rightscorp for Plaintiffs in this case, Grande decided to subpoena IP-Echelon to produce certain documents and appear for a deposition.”

Grande’s interest in IP-Echelon is understandable. Getting in touch with the company, which has offices in the US and Australia, has proven to be rather complicated though.

The ISP used a private process server to serve the subpoena at IP-Echelon’s Los Angeles office, but these efforts failed more than once. The ISP’s legal team also reached out to the piracy tracking firm via telephone and email, but again, without any success.

This prompted Grande to ask the court for help from some heavy hitters in law enforcement. The ISP would like U.S. Marshals to get involved, so they can use their arsenal to track down and serve IP-Echelon.

“In the absence of proper service of the subpoena on IP-Echelon, Grande would be prejudiced because it would be unable to obtain evidence from IP-Echelon,” the company writes.

“Accordingly, Grande requests the assistance of the U.S. Marshal to complete service on IP-Echelon.”

As far as we know IP-Echelon still works for several Hollywood studios so there must be a way to reach them, especially if the Marshals get involved in locating the piracy tracking company.

Whether evidence and a deposition of IP-Echelon are going to help Grande’s case is unclear, but that’s for another time.

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A copy of Grande Communications’ motion to order the U.S. Marshal for the Central District of California to serve Grande’s Subpoena on IP-Echelon is available here (pdf).

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Website blocking is without a doubt one of the favorite anti-piracy tools of the entertainment industries.

The UK is a leader on this front after the High Court ordered the largest ISPs to block access to popular file-sharing sites. Over time the number of blocked URLs in the UK has grown to well over 1,000, including many popular torrent, streaming, and direct download sites.

The Pirate Bay is arguably the biggest target of all. Not only is the site itself blocked by major ISPs, many proxy sites and proxy linking sites are blacklisted as well. The goal of these efforts is to prevent people from accessing the notorious torrent site, but that’s easier said than done.

This week, we decided to take a look at the most visited ‘pirate’ sites in the UK. For this quest, we used data from the traffic monitoring company Alexa, which is often cited by copyright holders as well. Despite the blocking efforts, we spotted quite a few pirate sources among the UK’s top sites.

As it stands, Pirateproxy.sh tops the list. This Pirate Bay proxy is the 115th most-visited site in the UK, which is good for an estimated fifteen million visits per month.

Looking at the list of the 500 most-visited sites in the UK, Pirateproxy.sh is just one of the many Pirate Bay oriented sites. The proxy indexer Unblocked.mx is ranked 227th, for example, while Piratebays.be, Proxybay.bz, Unblocked.lat, Piratebayproxylist.net and Proxyof.com all make an appearance as well.

Most surprising, perhaps, is that the regular ThePirateBay.org still gets a decent amount of traffic too, as it’s currently ranked 319th. That’s more popular than in some other countries where there are no ISP restrictions. This traffic comes in part from VPNs.

Pirateproxy.sh

Does this mean that the blockades have no effect at all? No, that’s impossible to conclude based on these observations. What it does show, however, is that there is still plenty of Pirate Bay traffic in the UK, even to the original site.

Pirateproxy.sh, for example, is part of the ‘Unblocked‘ team which operates a series of proxies and proxy indexes. Since 2013, they’ve been actively providing people with workarounds for blocked sites and continuously launch new domains when theirs are added to the blocklists.

The Unblocked operator believes that while some people may be deterred by the ISP blocks, many are not.

“Although the blocks have had the intended effect of blocking popular file-sharing sites, I don’t believe they are effective since users have access to many workarounds to access these sites,” he explains.

“For any given blocked site, there will be countless proxy sites available with new domains constantly being created.”

Unblocked regularly updates its domains after they are added to the blocklist, which is usually once a month. Just a few weeks ago the main proxy index moved from Unblocked.mx to Unblocked.lat, and that’s probably not the last change.

The new domains are accessible for a few weeks, or sometimes months, and if they are blocked, other ones will simply replace them.

This is not limited to The Pirate Bay and its proxies either. Looking more closely at the most-visited sites in the UK we see more ‘pirate’ sites, some of which are supposed to be blocked.

An overview of the ten most-used pirate sites in the UK is presented below. Some of these will likely be added to the ISP blocklists in the near future, if they aren’t already.

However, similar to regular takedown notices and domain seizures, ISPs blockades have also turned into a game of whack-a-mole.

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The label “pirate site” applies to sites that have been classified as such by entertainment industry groups. Unblocked.mx already started redirecting to a new domain name.

Site	Alexa rank	Type	Original site blocked?
torrentfreak.com
Pirateproxy.sh	115	Torrent proxy	No
Openload.co	194	Cyberlocker	Yes
0123movies.com	215	Streaming	Yes
Rutracker.org	222	Torrents	No
Unblocked.mx	227	Proxy links	Yes
Piratebays.be	255	Torrent proxy	No
Kissanime.ru	310	Streaming	No
Thepiratebay.org	319	Torrents	Yes
Solarmoviez.ru	327	Streaming	No
Proxybay.bz	338	Proxy links	No

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This evening, Liverpool and Real Madrid will go head to head in the Champions League final, one of the biggest sports events of the year.

Hundreds of millions of football fans from around the world will be glued to their televisions to follow the spectacle, while the hashtags #RMALIV and #UCLfinal are trending on social media.

While Twitter, Facebook and other social media are great ways to keep fans engaged and generate traction, they also present a threat. According to data released by the global anti-piracy outfit Irdeto, social media rivals traditional pirate streaming sites.

The company analyzed the number of pirated streams it ran into during the knockout stages of the Champions League and found 5,100 unique illegal streams that were rebroadcasting the matches.

Roughly 40 percent of these unauthorized broadcasts came from ‘social’ platforms including Periscope, Facebook and Twitch. Irdeto found 2,093 streams on these sites with an estimated 4,893,902 viewers.

Regular web-based streams on traditional sports pirate sites were the most popular (2,121), followed by ones found through Kodi-addons (886).

“These viewing figures combined with the number of UEFA Champions League streams detected across a variety of channels suggests that more needs to be done to stop the illegal distribution of high profile live European football matches,” the company writes.

Red card…

Rory O’Connor, Irdeto’s Senior Vice President of Cybersecurity Services, notes that criminals are “earning a fortune” from these activities. At the same time, he stresses that people who stream the matches on social media could face criminal action.

“The criminals who profit from these illegal streams have little regard for their viewers and are exposing them to cybercrime, inappropriate content and malware infection. Also, viewers of illegal content can face criminal penalties if they decide to share content with friends on social media,” O’Connor says.

Besides sharing infographics and reporting interesting statistics, including that Real Madrid was the most viewed team with 2,856,011 viewers of illegal social media streams during the knock out stage, Irdeto can also take action.

Whether they already work for UEFA or if this is an unsolicited application is not known to us, but they do work for other rightsholders.

So instead of tuning into the final tonight, they will probably be busy tracking down pirate broadcasts on social media and elsewhere, hoping to shut them down as soon as possible.

The game is on.

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