The Alliance for Creativity and Entertainment (ACE) is a coalition of 30 companies that reads like a who’s who of the global entertainment market.

All of the major Hollywood studios are members, plus Amazon, Netflix, BBC, Hulu, and Village Roadshow, to name a few.

ACE was launched last year to present a united front against online infringement and since then has been involved in various anti-piracy actions.

ACE has made the third-party Kodi addon scene one of its early priorities, targeting developers with home visits and lengthy letters demanding that they cease and desist their activities. This has led to several pulling back from the scene but in some instances, this doesn’t appear to have been enough for ACE.

The letters received by the developers also include a requirement for them to sign a settlement agreement which binds them to a particular course of future behavior set out by ACE. It’s unclear how many developers have signed but TorrentFreak is aware that several have not.

One of those is JSergio123 who last November announced he would be discontinuing development of several Kodi addons after being targeted by ACE.

“Sorry to say but I am stopping all development of the urlresolver, metahandler, and my other addons,” he said.

JSergio123’s reluctance to sign an agreement with ACE hasn’t gone unnoticed by the anti-piracy group. In a letter dated March 5, 2018 and signed by Kelly Klaus of US-based lawfirm Munger, Tolles & Olson, the developer is reminded of what transpired last year and what is expected of him moving forward.

“I understand that ACE counsel have discussed with you various of your “Addon” software applications and related software and services, including URLResolver (collectively, the “[redacted] Addons”) and other actions you have undertaken to induce and contribute to the mass infringement of the ACE members’ copyrighted works,” Klaus writes.

“I also understand that ACE counsel have provided you with a proposed settlement agreement, pursuant to which you would end your infringing activities and provide cooperation and other consideration in exchange for ACE agreeing not to pursue legal action against you arising out of your infringing activities. To date, you have not signed the settlement agreement.”

JSergio123’s precise reasons for not signing the settlement agreement aren’t being made public. However, TorrentFreak understands that some of the terms presented to addon developers last year have caused considerable concern. In some cases they are difficult to meet, not to mention unpalatable to the people involved.

They include promises to ensure that specified addons and indeed any developed in the future can no longer infringe copyright. For those that scrape third-party sources, this could prove impossible to absolutely guarantee. This could effectively put developers out of the addon game – legitimate or otherwise – for good.

TF is also informed that ACE demanded a high-level of cooperation, including that the developers should supply what amounts to a full confession, detailing all the projects they’ve been involved in, past and present.

Furthermore, the ACE agreement reportedly requires developers to inform on their colleagues by providing personal information such as identities and contact details. There’s also a requirement to indicate whether and how developers been making money from their activities.

The new letter from ACE, which is shown below after being published by JSergio, refers to a “most recent draft of the settlement agreement that ACE members would be willing to sign.”

Whether this contains any amendments from the settlement agreements sent out last year isn’t clear but Mr Klaus, who is a veteran of several large infringement lawsuits in the US, says that JSergio should take the offer seriously.

“I strongly urge you to consider the gravity of this situation and sign the agreement,” the lawyer concludes.

ACE Letter (credit: JSergio123)


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When Spotify launched its first beta in the fall of 2008, we described it as “an alternative to music piracy.

From the start, the Swedish company set out to compete with pirate services by offering a better user experience. Now, a decade later, it has come a long way.

The company successfully transformed into a billion-dollar enterprise and is planning to go public with a listing on the New York Stock Exchange. While it hasn’t completely evaporated music piracy, it has converted dozens of millions of people into paying customers.

While Spotify sees itself as a piracy remedy, backed by the major labels, its piracy roots are undeniable.

In a detailed feature, Swedish newspaper Breakit put a spotlight on one of Spotify’s earliest employees, developer Ludvig Strigeus.

With a significant stake in the company, he is about to become a multi-millionaire, one with a noteworthy file-sharing past. It’s unclear what is current stake in Spotify is, but according to Swedish media it’s worth more than a billion Kroner, which is over $100 million.

Strigeus was the one who launched uTorrent in September 2005, when the BitTorrent protocol was still fairly new. Where most BitTorrent clients at the time were bloatware, uTorrent chose a minimalist approach, but with all essential features.

This didn’t go unnoticed. In just a few months, millions of torrent users downloaded the application which quickly became the dominant file-sharing tool.

Little more than a year after its launch the application was acquired by BitTorrent Inc., which still owns it today. While that part of history is commonly known, there’s a step missing.

Strigeus’ coding talent also piqued the interest of Spotify, which reportedly beat BitTorrent Inc. by a few months. Multiple sources confirm that the streaming startup, which had yet to release its service at the time, bought uTorrent in 2006.

While some thought that Spotify was mainly interested in the technology, others see Strigeus as the target.

“Spotify bought μTorrent, but what we really wanted was Ludvig Strigeus,” former Spotify CEO Andreas Ehn told Breakit.

This indeed sounds plausible as Spotify sold uTorrent to BitTorrent Inc. after a few months, keeping the developer on board. Not a bad decision for the latter, as his Spotify stake makes him a billionaire. At the same time, it was an important move for Spotify too.

Ludvig (Ludde) is still credited in recent uTorrent releases

In addition to having a very talented developer on board, who helped to implement the much needed P2P technology into Spotify, the deal with BitTorrent Inc. brought in cash that funded the development of the tiny, but ambitious, streaming service.

It might be too much to argue that Spotify wouldn’t be where it is without uTorrent and its creator, but their impact on the young company was significant.

The file-sharing angle was also very prominent in the early releases of Spotify. At the time, of all the tracks that were streamed over the Internet by Spotify users, the majority were streamed via P2P connections.

And we haven’t even mentioned that Spotify reportedly used pirate MP3s for its Beta release, including some tracks that were only available on The Pirate Bay.

Spotify’s brief ownership of uTorrent isn’t commonly known, to make an understatement. When BitTorrent Inc. announced that it acquired “uTorrent AB” there was no mention of Spotify, which was still an unknown company at the time.

Times change.

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A new hope dawns and it is finally time to start heading towards a final release. Today we are happy to announce that we are bringing you the first official pre-release Alpha build to a galaxy near you.





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BitTorrent users today have several basic ways to download content. The most popular is via a dedicated torrent client installed on a Windows, Linux, Android or similar operating system at home.

While this kind of activity is necessarily ‘local’, power users over the years have turned to systems that enable them to download and share potentially huge quantities of data.

Essentially computer servers running torrent client software in remote locations, these so-called ‘seedboxes’ became a must-have for anyone looking to stand out in the torrent world as a sharing sensation.

While widespread, companies selling access to seedboxes haven’t really generated much noise publicly over the years. However, this week an announcement from one of the longer-standing companies caught our attention. After being founded eight years ago, popular provider SeedStuff.ca has decided to exit the seedbox business.

“We originally opened in 2010, however we have seen an ever changing climate in the industry and as new technologies emerge and people shift to more conventional means of file sharing our services have seen a steady decline over the past few years,” the company said in a statement published on its website.

“At this time, it simply is no longer viable to continue offering the services we do.”

Considering BitTorrent itself made its mark as a disruptive technology, it’s interesting that a company like SeedStuff would have its business disrupted by other file-sharing methods. So, we asked the provider a little more about its history and its ultimate decision to close down.

“We started from the backroom IRC channels on 56k connections, so torrents have always been a blessing,” a spokesperson said.

“Between 2005 and 2010, I think the rise of ‘Private’ trackers really started to make the scene shine. You were able to find and connect with the content you wanted as well as the communities of people who shared interests as well.

“The private trackers gamified seeding and rewarded their best members, this is what really paved the way for seedboxes. The users felt a need to compete and often did not have access to the means to do so, but could contract these machines out to help them succeed. The demand for seedboxes started in about 2010, which I think you will see coincided with a huge spike of private tracker activity.”

SeedStuff says its initial aim was to improve user experience by not following the decision by many existing providers to “stuff as many users as possible” into each server. Restricting each unit to a maximum of four users and accepting just a small profit on each, the service grew while gaining support from customers.

“At our peak, we serviced over 4000 customers per month. Our total email database was well over 10,000 customer accounts. We did not monitor bandwidth or user activities as we felt this to be intrusive. We only dealt with server providers who offered unlimited bandwidth so that we were able to allow for the best user experience without limits,” the company explains.

But after several years of growth, SeedStuff noticed a change. In addition to suffering a painful database crash caused by a host and a failed backup regime, in 2015 the company observed a shift in user patterns.

“We noticed around this time that streaming services had started to become mainstream in almost every home and people were simply not using our services anymore. The main cancellation reason for the last three years has been ‘Not needed anymore’,” SeedStuff notes.

“I think torrenting developed for many reasons including ease of use, availability and cost to access media. Many of these issues have been improved by current systems so there is no need for consumers to use torrents for half their content, but we aren’t there yet and the industry seems to be dialing it back again.”

SeedStuff believes that while there will be a steady decline in torrent usage, the protocol will remain relevant for a long time to come. It could even enjoy a resurgence if distribution companies restrict availability or require multiple accounts to access all content.

“If a customer needs dedicated Netflix, HBO, CBS and Hulu accounts to access the shows they want, they might see these costs as too much compared to a decent torrenting connection,” the company says.

Of course, market changes can always have an effect on a company’s direction but SeedStuff says that in addition to tackling a myriad of technical issues, in the end there were also problems with team members migrating to other areas.

“Some of our team also moved on to new projects and started new companies which are now more exciting to them. Everything compounded and eventually lead us to split and go our separate ways. We just wanted to thank everyone who remained a customer through the years and are sorry we had to shut down,” the company concludes.

While there are plenty of other seedbox providers around, it seems fairly clear that things aren’t what they used to be, with streaming and other technologies all helping to disrupt the market. SeedStuff points towards IPFS as yet another potential torrent disrupter of the future. Time will tell.

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The Pirate Bay is touted as one of the most resilient torrent sites. While it has indeed weathered many storms, occasional downtime is no longer an exception, as became clear again this week.

This can be quite frustrating for users, including software developer TechTac, who came up with a simple but effective solution: OfflineBay.

Simply put, OfflineBay is a multi-platform application that people can install on their local computer. As the same suggests, it helps users to store a copy of all Pirate Bay torrents locally, in case the site does down.

The idea for the tool started a few weeks ago when TechTac realized that he had quite a bit of his monthly bandwidth quota left. However, as The Pirate Bay and other sites were down, he was unable to download anything through the usual channels.

“All of that remaining quota went to waste. Only if I had a tool like OfflineBay at that moment. So I thought ‘Never again’ and ended up developing this tool,” TechTac tells TorrentFreak.

The end result is an application that allows users to search and download Pirate Bay torrents, without having to use the website. Instead, the application searches through the publicly available TPB dump file, which users have to download first.

This means that only those torrents that were available at the time of the latest dump file update will be in the local database as a backup, in case TPB and other major torrent indexes go down.

OfflineBay

[youtube https://www.youtube.com/watch?v=I95l6pKvV1Q?rel=0&showinfo=0&w=560&h=315]

“OfflineBay is designed to discover torrents when online torrent search providers are not available. Torrents will be available up to the time the last dump file was created,” TechTac says.

The developer realizes that downloading and updating the dump file, which is just under 100 MB in size, is a major drawback. While he considered automating the process, there’s not really an elegant way to implement that at the moment.

This may change in the future though. TechTac will continue to develop the software. While it’s closed source at the moment, open sourcing the code is under consideration for the future.

One of the most interesting plans is to use a blockchain for this project. This would mean that the torrent database is stored and shared among users, without the need to import a dump file.

“I’m planning to move this project to the blockchain so it won’t be depending on the dump file anymore. This is the ultimate goal,” TechTac tells us.

These types of changes require a lot of time though, and that’s proven to be a bottleneck. TechTac is doing all the work on his own right now but he hopes that other developers will join the project.

“Currently, I’m the only one developing this tool. I can’t handle this on my own anymore. Waiting for more developers to get in contact. There’s a lot to discuss,” he says.

The official OfflineBay announcement and related information are available in the Pirate Bay forums over at Suprbay, where it was posted with permission of the Pirate Bay crew.

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While site-blocking on copyright infringement grounds is now widespread, in most countries it requires intervention from the courts.

The process nearly always involves rightsholders grouping together with claims that customers of ISPs are infringing their rights by using ‘pirate’ sites to obtain movies, TV shows and music. As such, it isn’t pirate sites that are targeted by rightsholder legal action, but the ISPs themselves.

Of course, none of the ISPs targeted are breaking the law by providing access to the sites. However, the demands for a blocking injunction frame the ISPs as the wrong-doers, even if there is an underlying understanding that the pirate sites themselves are the issue. For this reason, ISPs around the world have regularly found themselves in an adversarial process.

In the Netherlands, for example, ISPs took their fight to the highest court in Europe to avoid blocking but will almost certainly fail after spending large sums of money. In others, such as the UK where the blocking process has matured, ISPs rarely object to anything, smoothing the process for both them and the rightsholders.

With the knowledge that site-blocking injunctions are likely to be granted by national courts in Europe, rightsholders and ISPs in Belgium now appear to be taking a collaborative approach. Sites have been blocked in the country before but future blocking efforts will be much easier to implement if a case before the Commercial Court of Brussels runs to plan.

It involves the Belgian Entertainment Association (BEA) on one side and ISPs Proximus, Telenet and VOO on the other. Rather than squabbling over the details, it appears that the parties will jointly present a list of 33 websites and 450 domain names to a judge, alongside claims that they facilitate the illegal downloading of copyrighted material.

According to a report from L’Echo (paywall), the companies hope to avoid complex and costly legal proceedings by working together and accepting the inevitability of a blocking injunction.

The case has been running for a year already but during a hearing before the Commercial Court of Brussels this week, Benoît Michaux, lawyer for the Belgian Entertainment Association, explained the new approach.

“The European legislator has put in place a mechanism that allows a national judge to request injunctions to order the providers to block access to the websites in question”, Michaux said.

After being presented to the Court, the list of sites and domains will be assessed to determine whether they’re acting illegally. Michaux said that the parties have settled on a common approach and have been able to identify “reasonable measures” that can be ordered by the Court that are consistent with case law of the European Court of Justice.

“This joint request is a little unusual, things are changing, there is a certain maturation of minds, we realize, from all sides, that we must tackle the problem of piracy by blocking measures. There is a common vision on what to do and how to handle piracy,” he said.

While the ISPs are clearly on a path of cooperation, L’Echo reports that concerns over possible breaches of the E-Commerce Directive mean that the ISPs don’t want to take action against the sites themselves without being ordered to do so by the Court.

“The responsible actors want to demonstrate that it is possible to stop piracy through procedural law,” says Benoît Van Asbroeck, lawyer for Proximus and Telenet.

The Court is expected to hand down its judgment within a month. Given the cooperation on all sides, it’s likely to be in favor of mass site-blocking.

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The Oscars are the most watched awards show of the year, closely followed by hundreds of millions of movie fans around the world.

This weekend Hollywood’s finest are gathering on the red carpet once again. While they associate the celebration with eternal fame and recognition, online pirates are keeping an eye on it as well.

Traditionally, Oscar winners see a surge in piracy activity, so we decided to take a look at the availability of this year’s nominees through unauthorized channels.

Relying on data released by Oscar piracy watcher Andy Baio, we see that all nominated* films are now available on pirate sites, most in decent quality too. There are just three films that haven’t been released as a screener, Blu-ray or other high-quality rip, including the highly anticipated “Star Wars: The Last Jedi.”

That all films are readily available isn’t really new. This has happened consistently over the past decade. This year, however, that tradition was nearly broken. A pirated copy of “The Breadwinner” only leaked last week.

On the screener front, there’s not much movement. Like previous years, most of the leaked screeners have been released by Hive-CM8. A dozen screeners of Oscar nominees are available on pirate sites at the time of writing.

Screener leaks 2003 – 2018

There is another trend visible, however, one which we didn’t immediately expect.

The number of Cam releases, which are recorded in movie theaters, is on the rise. This year 20 camcorded (Cam) copies of Oscar contenders have leaked, which is a record high for the last decade.

As Cams usually come out early, when films are still playing in theaters, Hollywood sees these leaks as a great threat.

Cam leaks 2003 – 2018

The same increase is also visible for Telesync releases, which are higher-quality Cam releases that use a direct sound input. There have been 14 Telesync leaks for the 2018 Oscar contenders, which is a significant uptick compared to previous years.

While these releases reach millions of people they tend to originate from a small circle. As the Hive-CM8 situation has shown, one group can make an enormous impact on the numbers.

This also means that next year’s figures can easily turn around if one or two prominent sources are cut off.

* – Foreign film and documentary categories are not included

– The high quality leak of Ferdinand was not included in Baio’s data at the time of writing, but it was included in the analysis above.

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Last year, American satellite and broadcast provider Dish Network targeted two well-known players in the third-party Kodi add-on ecosystem.

In a complaint filed in a federal court in Texas, add-on ZemTV and the TVAddons library were accused of copyright infringement. As a result, both are facing up to $150,000 in damages for each offense.

While the case was filed in Texas, neither of the defendants live there, or even in the United States. The owner and operator of TVAddons is Adam Lackman, who resides in Montreal, Canada. ZemTV’s developer Shahjahan Durrani is even further away in London, UK.

According to the legal team of the two defendants, this limited connection to Texas is reason for the case to be dismissed. They filed a motion to dismiss in January, asking the court to drop the case.

“Lackman and Durrani have never been residents or citizens of Texas; they have never owned property in Texas; they have never voted in Texas; they have never personally visited Texas; they have never directed any business activity of any kind to anyone in Texas […] and they have never earned income in Texas,” the motion reads.

Dish, however, sees things differently. Yesterday the broadcast provider replied to the motion, submitting hundreds of pages of evidence documenting TVAddons and ZemTV’s ties to the United States.

According to Dish, both defendants utilized US companies such as Twitter, Facebook, Google, and Cloudflare to facilitate their infringing activities. In addition. US residents were directly addressed in various messages on the TVAddons site and social media.

“Defendants used TV Addons to target residents of the United States and it was designed to appeal to United States television consumers. The TV Addons Home page stated ‘Whether you’re in the United States, United Kingdom, Canada, Germany, India or anywhere else, Kodi Addons will work great for you!’,” Dish writes.

Furthermore, TVAddons own data showed that most of its users came from the United States, more than one-third of the total user base.

“The United States was Defendants’ largest market with approximately 34% of all TV Addons traffic coming from users located in the United States, which was three times the traffic from the second largest market.”

Dish points out that the Court has personal jurisdiction under the “Calder effects test,” because defendants knew that the focal point of the harm from their action was in the US, and because their actions connect the defendants to the US in a meaningful way.

The focal point of the harm from TVAddons and ZemTV was in the United States, Dish states, adding that both defendants were well aware of their infringing activities.

“Defendants’ boasting on TV Addons that their services allow users ‘to cut down your cable or satellite television bill substantially, if not entirely’ shows that Defendants were well aware that TV Addons and ZemTV were harming DISH and other legitimate, subscription television service providers in the United States,” Dish writes.

Without getting too deep into the legal jargon, Dish relies on an alternative basis for jurisdiction as the defendants did in their motion to dismiss, which means that they don’t have to address specific connections to the state of Texas.

The broadcast provider hopes that the Court agrees, and wants the case to proceed.

A copy of Dish Network’s reply is available here (pdf).

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pirate bayThe Pirate Bay has been hard to reach for roughly a day now.

For most people, the site currently displays a CloudFlare error message across the entire site, with the CDN provider mentioning that the “connection timed out.”

No further details are available to us and there is no known ETA for the site’s full return. However, judging from past experience, it’s likely a small technical issue that needs fixing.

TPB 522 Cloudflare error

The Pirate Bay has had quite a few stints of downtime in recent months. The popular torrent site usually returns after several hours, but an outage of more than 24 hours has happened before as well.

The Pirate Bay team has a status page in the forums where people can check to see if an outage is affecting everyone or not. This also shows that the Tor version of the site is suffering downtime, although it briefly reappeared a few times.

As always, the TPB team advises people to be patient.

“If our sites are down we’ll already know and be working on getting them back up. We don’t issue estimates so don’t ask how long it will take,” the status page notes.

In any case, there’s no need to panic. But we expect that seasoned TPB users will probably know the drill by now…

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Largely since the advent of the third generation of games consoles in the early to mid 80s, adventurous users have been interested in making their machines do things they’re not supposed to.

In common with the 8bit games-capable computers that preceded them, much emphasis was placed on piracy, with people seeking to cut console games costs with copies of what would otherwise be expensive investments. Alongside, however, was a rapidly developing “homebrew” scene in which often amateur coders sought to utilize their purchased hardware for non-conventional means.

These days the process of digitally cracking open a device is much more complex and has given birth to the term ‘jailbreaking’. It can be applied to devices as diverse as iPhones and PlayStations but it all means the same thing – the removal of restrictions put in place by manufacturers in order to control what can be done with a device.

These restrictions mostly relate to the running of software, with the big manufacturers wanting people to not only use ‘app stores’ that they control but also to pay for the privilege. The jailbreaking scene often aims to undermine the former but despite many good intentions, it often gets dragged into piracy as a result.

Yesterday there was cause for both homebrew coders and pirates-in-waiting to celebrate with the announcement that developer ‘Qwertyoruiop’ had released the full code for his PS4 firmware 4.55 kernel exploit.

While the release caused much excitement, the kernel exploit still needs a usermode entry point. As reported by Wololo, that could come via the Webkit exploit previously released by Qwertyoruiop for PS4 firmware 4.07 a while back.

So, to put things into basic terms, while the new exploit works up to v4.55, the user exploit only works up to those with PS4s running v4.07, at least until another usermode exploit for later firmwares is released.

But with anticipation in the air, a few hours later yet more exciting news appeared on the horizon. Taking Qwertyoruiop’s v4.55 kernel exploit and running with it, developer SpecterDev announced on Twitter that he’d published a full implementation of the exploit on Github.

https://platform.twitter.com/widgets.js

In other words, SpecterDev has released a fully-functional jailbreak of PS4 firmware 4.55, which opens up a whole world of opportunities for the homebrew scene – and beyond. That being said, he’s careful to note on Github that others will have to step up to fill in the gaps from here.

“[The implementation] will allow you to run arbitrary code as kernel, to allow jailbreaking and kernel-level modifications to the system. This release however, does not contain any code related to defeating anti-piracy mechanisms or running homebrew,” he explained.

Nevertheless, SpecterDev’s code has an inbuilt ‘ear’ that can take instructions (a so-called ‘payload’) and do something useful with them.

“This exploit does include a loader that listens for payloads on port 9020 and will execute them upon receival,” he explains.

Rumors suggest that there’s already some kind of payload being shared privately. We haven’t been able to confirm what it does yet but people seem excited by it.

Update: Confirmation of what it does from Wololo: “When run in combination with the recently released exploit for PS4 4.55, Holy Grail lets users install and run unsigned packages. In practice, this will let 4.55 owners install and run homebrews as well as, yes, pirated PS4 games.”

A video showing the jailbreak in action has been uploaded to YouTube and can be seen below.

[youtube https://www.youtube.com/watch?v=oZuNWUoMIuU&w=560&h=315]

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