Australian copyright holders and lawmakers have been struggling to find an adequate response to online piracy for several years.

Progress has been slow, but with pirate site blockades now in effect, there appears to be some movement.

New research published by INCOPRO this week shows that traffic to blocked pirate sites has decreased 53.4% since the first measures were implemented a year ago. In total, usage of the top 250 pirate sites dropped a significant 25.4% in Australia.

In summary, the research confirms that direct traffic to blocked sites has decreased dramatically. Or put differently, the site blocking efforts actually block pirate sites, which by itself should hardly come as a surprise.

In fact, one might wonder how effective the blockades really are when nearly half of all direct traffic to the blocked sites in Australia remains intact and dozens of the country’s ISPs are involved.

On top, it’s also worth mentioning that the research doesn’t take VPN usage into account. Australian interest in VPNs surged after the blockades were announced, so many people are likely to be circumvented the blockades using foreign VPNs.

While VPNs were not factored in, the current research did look at proxy site traffic and concludes that this only substitutes a small portion of the traffic that went to pirate sites before the blockades.

While it’s undoubtedly true that direct traffic to blocked sites has dropped, the research also includes some odd results. For example, it attributes a recent drop in Isohunt.to traffic to the blocking measures, when in reality the site actually shut down.

“ISOHunt usage has been on a downward trend since December 2016, and is now at its lowest on record having reduced by 96.4% since blocking began,” the report reads, drawing on data from Alexa.

But perhaps we’re nitpicking.

Creative Content Australia (CCA) is happy with these results and states that the fight against piracy has claimed a significant victory. However, the anti-piracy group also stressed that more can be done.

“The reduction in piracy is exciting news but that 53% could be 90%,” CCA Chairman Graham Burke says, using the opportunity to take another stab at Google.

“The government has shut the front door, but Google is leading people to the back door, showing no respect for Australian law or courts let alone any regard for the Australian economy and cultural way of life,” Burke adds.

INCOPRO’s research will undoubtedly be used to convince lawmakers that the current site blocking efforts should remain in place.

With this in mind, the release of the report comes at an interesting time. The previously unpublished results were drawn up last December, but were only made public this week, a few days after the Australian Government announced a review of the site blocking measures.

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Way back in 2011, Streamiz was reported to be the second most popular pirate streaming site in France with around 250,000 visitors per day. The site didn’t host its own content but linked to movies elsewhere.

This prominent status soon attracted the attention of various entertainment companies including the National Federation of Film Distributors (FNDF) which filed a complaint against the site back in 2009.

Investigators eventually traced the presumed operator of the site to a location in the Hauts-de-Seine region of France. In October 2011 he was arrested leaving his Montrouge home in the southern Parisian suburbs. His backpack reportedly contained socks stuffed with almost 30,000 euros in cash.

The man was ordered to appear before the investigating judge but did not attend. He also failed to appear during his sentencing this Monday, which may or may not have been a good thing, depending on one’s perspective.

In his absence, the now 41-year-old was found guilty of copyright infringement offenses and handed one of the toughest sentences ever in a case of its type.

According to an AFP report, when the authorities can catch up with him the man must not only serve two years in prison but also pay a staggering 83.6 million euros in damages to Disney, 20th Century Fox, Warner Bros and SACEM, the Society of Authors, Composers and Music Publishers.

Streamiz is now closed but at its peak offered around 40,000 movies to millions of users per month. In total, the site stood accused of around 500,000,000 infringements, earning its operator an estimated 150,000 euros in advertising revenue over a two year period.

“This is a clear case of commercial counterfeiting” based on a “very structured” system, David El Sayegh, Secretary General of SACEM, told AFP. His sentence “sends a very clear message: there will be no impunity for pirates,” he added.

With an arrest warrant still outstanding, the former Streamiz admin is now on the run with very few options available to him. Certainly, the 83.6 million euro fine won’t ever be paid but the prison sentence is something he might need to get behind him.

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With dozens of millions of active users a day, uTorrent has long been the most used torrent client.

The software has been around for well over a decade and it’s still used to shift petabytes of data day after day. While there haven’t been many feature updates recently, parent company BitTorrent Inc. was alerted to a serious security vulnerability recently.

The security flaw in question was reported by Google vulnerability researcher Tavis Ormandy, who first reached out to BitTorrent in November last year. Google’s Project Zero allows developers a 90-day window to address security flaws but with this deadline creeping up, BitTorrent had remained quiet.

Late last month Ormandy again reached out to BitTorrent Inc’s Bram Cohen, fearing that the company might not fix the vulnerability in time.

“I don’t think bittorrent are going to make a 90 day disclosure deadline, do you have any direct contacts who could help? I’m not convinced they understand the severity or urgency,” Ormandy wrote on Twitter.

Nudge

While Google’s security researcher might have expected a more swift response, the issue wasn’t ignored.

BitTorrent Inc has yet to fix the problem in the stable release, but a patch was deployed in the Beta version last week. BitTorrent’s Vice President of Engineering David Rees informed us that this will be promoted to the regular release this week, if all goes well.

While no specific details about the vulnerability have yet to be released, it is likely to be a remote execution flaw. Ormandy previously exposed a similar vulnerability in Transmission, which he said was the “first of a few remote code execution flaws in various popular torrent clients.”

BitTorrent Inc. told us that they have shared their patch with Ormandy, who confirmed that this fixes the security issues.

uTorrent Beta release notes

“We have also sent the build to Tavis and he has confirmed that it addresses all the security issues he reported,” Rees told us. “Since we have not promoted this build to stable, I will reserve reporting on the details of the security issue and its fix for now.”

BitTorrent Inc. plans to release more details about the issue when all clients are patched. Then it will also recommend users to upgrade their clients, so they are no longer at risk, and further information will also be available on Google’s Project Zero site.

Of course, people who are concerned about the issue can already upgrade to the latest uTorrent Beta release right away. Or, assuming that it’s related to the client’s remote control functionality, disable that for now.

Note: uTorrent’s Beta changelog states that the fixes were applied on January 15, but we believe that this should read February 15 instead.

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ISP blocking has become a prime measure for the entertainment industry to target pirate sites on the Internet.

In recent years sites have been blocked throughout Europe, in Asia, and even Down Under.

Last month, a coalition of Canadian companies called on the local telecom regulator CRTC to establish a local pirate site blocking program, which would be the first of its kind in North America.

The Canadian deal is backed by both copyright holders and major players in the Telco industry, such as Bell and Rogers, which also have media companies of their own. Instead of court-ordered blockades, they call for a mutually agreed deal where ISPs will block pirate sites.

The plan has triggered a fair amount of opposition. Tens of thousands of people have protested against the proposal and several experts are warning against the negative consequences it may have.

One of the most vocal opponents is University of Ottawa law professor Micheal Geist. In a series of articles, processor Geist highlighted several problems, including potential overblocking.

The Fairplay Canada coalition downplays overblocking, according to Geist. They say the measures will only affect sites that are blatantly, overwhelmingly or structurally engaged in piracy, which appears to be a high standard.

However, the same coalition uses a report from MUSO as its primary evidence. This report draws on a list of 23,000 pirate sites, which may not all be blatant enough to meet the blocking standard.

For example, professor Geist notes that it includes a site dedicated to user-generated subtitles as well as sites that offer stream ripping tools which can be used for legal purposes.

“Stream ripping is a concern for the music industry, but these technologies (which are also found in readily available software programs from a local BestBuy) also have considerable non-infringing uses, such as for downloading Creative Commons licensed videos also found on video sites,” Geist writes.

If the coalition tried to have all these sites blocked the scope would be much larger than currently portrayed. Conversely, if only a few of the sites would be blocked, then the evidence that was used to put these blocks in place would have been exaggerated.

“In other words, either the scope of block list coverage is far broader than the coalition admits or its piracy evidence is inflated by including sites that do not meet its piracy standard,” Geist notes.

Perhaps most concerning is the slippery slope that the blocking efforts can turn into. Professor Geist fears that after the standard piracy sites are dealt with, related targets may be next.

This includes VPN services. While this may sound far-fetched to some, several members of the coalition, such as Bell and Rogers, have already criticized VPNs in the past since these allow people to watch geo-blocked content.

“Once the list of piracy sites (whatever the standard) is addressed, it is very likely that the Bell coalition will turn its attention to other sites and services such as virtual private networks (VPNs).

“This is not mere speculation. Rather, it is taking Bell and its allies at their word on how they believe certain services and sites constitute theft,” Geist adds.

The issue may even be more relevant in this case, since the same VPNs can also be used to circumvent pirate sites blockades.

“Further, since the response to site blocking from some Internet users will surely involve increased use of VPNs to evade the blocks, the attempt to characterize VPNs as services engaged in piracy will only increase,” Geist adds.

Potential overblocking is just one of the many issues with the current proposal, according to the law professor. Geist previously highlighted that current copyright law already provides sufficient remedies to deal with piracy and that piracy isn’t that much of a problem in Canada in the first place.

The CRTC has yet to issue its review of the proposal but now that the cat is out of the bag, rightsholders and ISPs are likely to keep pushing for blockades, one way or the other.

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This week we have four newcomers in our chart.

Justice League 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 weekly movie download chart.

This week’s most downloaded movies are:
Movie Rank Rank last week Movie name IMDb Rating / Trailer
Most downloaded movies via torrents
1 (7) Justice League 7.1 / trailer
2 (2) Thor Ragnarok 8.1 / trailer
3 (…) Pitch Perfect 3 6.2 / trailer
4 (1) Coco 8.9 / trailer
5 (4) The Shape of Water (DVDScr) 8.0 / trailer
6 (…) Three Billboards Outside Ebbing, Missouri 8.3 / trailer
7 (3) Daddy’s Home 2 6.0 / trailer
8 (…) Lady Bird 7.7 / trailer
9 (8) Blade Runner 2049 8.9 / trailer
10 (…) The Gateway 5.9 / trailer

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Last fall, Epic Games released Fortnite’s free-to-play “Battle Royale” game mode for the PC and other platforms, generating massive interest among gamers.

This also included thousands of cheaters, many of whom were subsequently banned. Epic Games then went a step further by taking several cheaters to court for copyright infringement.

In the months that have passed several cases have been settled with undisclosed terms, but it appears that not all defendants are easy to track down. In at least two cases, Epic had to retain the services of private investigators to locate their targets.

In a case filed in North Carolina, the games company was unable to serve the defendant (now identified as B.B) so they called in the help of Klatt Investigations, with success.

“[A]fter having previously engaged two other process servers that were unable to locate and successfully serve B.B., Epic engaged Klatt Investigations, a Canadian firm that provides various services related to the private service of process in civil matters.

“In this case, we engaged Klatt Investigations to locate and effect service of process by personal service on Defendant,” Epic informs the court.

As Epic Games didn’t know the age of the defendant beforehand they chose to approach the person as a minor, which turned out to be a wise choice. The alleged cheater indeed appears to be a minor, so both the Defendant and Defendant’s mother were served.

Based on this new information, Epic Games asked the court to redact any court documents that reveal personal information of the defendant, which includes his or her full name.

Epic’s request to seal

This is not the first time Epic Games has used a private investigator to locate a defendant. It hired S&H Investigative Services in another widely reported case, where the defendant also turned out to be a minor.

In that case, the mother of the alleged cheater wrote a letter to the court in her son’s defense, but after that, things went quiet.

This lack of response prompted Epic Games to ask the court to enter a default in this case, which means that the defendant risks a default judgment for copyright infringement.

Epic’s declaration for the motion to seal the personal details of minor B.B. is available here (pdf). The request to enter a default in the separate C.R case can be found (here pdf).

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There are a lot of things people are not allowed to do under US copyright law, but perhaps just as importantly there are exemptions.

The U.S. Copyright Office is currently considering whether or not to loosen the DMCA’s anti-circumvention provisions, which prevent the public from ‘tinkering’ with DRM-protected content and devices.

These provisions are renewed every three years after the Office hears various arguments from the public. One of the major topics on the agenda this year is the preservation of abandoned games.

The Copyright Office previously included game preservation exemptions to keep these games accessible. This means that libraries, archives, and museums can use emulators and other circumvention tools to make old classics playable.

Late last year several gaming fans including the Museum of Art and Digital Entertainment (the MADE), a nonprofit organization operating in California, argued for an expansion of this exemption to also cover online games. This includes games in the widely popular multiplayer genre, which require a connection to an online server.

“Although the Current Exemption does not cover it, preservation of online video games is now critical,” MADE wrote in its comment to the Copyright Office.

“Online games have become ubiquitous and are only growing in popularity. For example, an estimated fifty-three percent of gamers play multiplayer games at least once a week, and spend, on average, six hours a week playing with others online.”

This week, the Entertainment Software Association (ESA), which acts on behalf of prominent members including Electonic Arts, Nintendo and Ubisoft, opposed the request.

While they are fine with the current game-preservation exemption, expanding it to online games goes too far, they say. This would allow outsiders to recreate online game environments using server code that was never published in public.

It would also allow a broad category of “affiliates” to help with this which, according to the ESA, could include members of the public

“The proponents characterize these as ‘slight modifications’ to the existing exemption. However they are nothing of the sort. The proponents request permission to engage in forms of circumvention that will enable the complete recreation of a hosted video game-service environment and make the video game available for play by a public audience.”

“Worse yet, proponents seek permission to deputize a legion of ‘affiliates’ to assist in their activities,” ESA adds.

The proposed changes would enable and facilitate infringing use, the game companies warn. They fear that outsiders such as MADE will replicate the game servers and allow the public to play these abandoned games, something games companies would generally charge for. This could be seen as direct competition.

MADE, for example, already charges the public to access its museum so they can play games. This can be seen as commercial use under the DMCA, ESA points out.

“Public performance and display of online games within a museum likewise is a commercial use within the meaning of Section 107. MADE charges an admission fee – ‘$10 to play games all day’.

“Under the authority summarized above, public performance and display of copyrighted works to generate entrance fee revenue is a commercial use, even if undertaken by a nonprofit museum,” the ESA adds.

The ESA also stresses that their members already make efforts to revive older games themselves. There is a vibrant and growing market for “retro” games, which games companies are motivated to serve, they say.

The games companies, therefore, urge the Copyright Office to keep the status quo and reject any exemptions for online games.

“In sum, expansion of the video game preservation exemption as contemplated by Class 8 is not a ‘modest’ proposal. Eliminating the important limitations that the Register provided when adopting the current exemption risks the possibility of wide-scale infringement and substantial market harm,” they write.

The Copyright Office will take all arguments into consideration before it makes a final decision. It’s clear that the wishes of game preservation advocates, such as MADE, are hard to unite with the interests of the game companies, so one side will clearly be disappointed with the outcome.

A copy of ESA’s submissionavailablelble here (pdf).

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With many thousands of movies and TV shows being made available illegally online every year, a significant number will be enjoyed by speakers of languages other than that presented in the original production.

When Hollywood blockbusters appear online, small armies of individuals around the world spring into action, translating the dialog into Chinese and Czech, Dutch and Danish, French and Farsi, Russian and Romanian, plus a dozen languages in between. TV shows, particularly those produced in the US, get the same immediate treatment.

For many years, subtitling (‘fansubbing’) communities have provided an incredible service to citizens around the globe, from those seeking to experience new culture and languages to the hard of hearing and profoundly deaf. Now, following in the footsteps of movies like TPB:AFK and Kim Dotcom: Caught in the Web, a new movie has premiered in Italy which celebrates this extraordinary movement.

Subs Heroes from writer and director Franco Dipietro hit cinemas at the end of January. It documents the contribution fansubbing has made to Italian culture in a country that under fascism in 1934 banned the use of foreign languages in films, books, newspapers and everyday speech.

The movie centers on the large subtitle site ItalianSubs.net. Founded by a group of teenagers in 2006, it is now run by a team of men and women who maintain their identities as regular citizens during the day but transform into “superheroes of fansubbing” at night.

Needless to say, not everyone is pleased with this depiction of the people behind the now-infamous 500,000 member site.

For many years, fansubbing attracted very little heat but over time anti-piracy groups have been turning up the pressure, accusing subtitling teams of fueling piracy. This notion is shared by local anti-piracy outfit FAPAV (Federation for the Protection of Audiovisual and Multimedia Content), which has accused Dipietro’s movie of glamorizing criminal activity.

In a statement following the release of Subs Heroes, FAPAV made its position crystal clear: sites like ItalianSubs do not contribute to the development of the audiovisual market in Italy.

“It is necessary to clarify: when a protected work is subtitled and there is no right to do so, a crime is committed,” the anti-piracy group says.

“[Italiansubs] translates and makes available subtitles of audiovisual works (films and television series) in many cases not yet distributed on the Italian market. All this without having requested the consent of the rights holders. Ergo the Italiansubs community is illegal.”

Italiansubs (note ad for movie, top right)

FAPAV General Secretary Federico Bagnoli Rossi says that the impact that fansubbers have on the market is significant, causing damage not only to companies distributing the content but also to those who invest in official translations.

The fact that fansubbers often translate content that is not yet available in the region only compounds matters, Rossi says, noting that unofficial translations can also have “direct consequences” on those who have language dubbing as an occupation.

“The audiovisual market today needs to be supported and the protection and fight against illicit behaviors are as fundamental as investments and creative ideas,” Rossi notes.

“Everyone must do their part, respecting the rules and with a competitive and global cultural vision. There are no ‘superheroes’ or noble goals behind piracy, but only great damage to the audiovisual sector and all its workers.”

Also piling on the criticism is the chief of the National Cinema Exhibitors’ Association, who wrote to all of the companies involved to remind them that unauthorized subtitling is a crime. According to local reports, there seems to be an underlying tone that people should avoid becoming associated with the movie.

This did not please director Franco Dipietro who is defending his right to document the fansubbing movement, whether the industry likes it or not.

“We invite those who perhaps think differently to deepen the discussion and maybe organize an event to talk about it together. The film is made to confront and talk about a phenomenon that, whether we like it or not, exists and we can not pretend that it is not there,” Dipietro concludes.



[vimeo 244791771 w=640 h=360]

Subs Heroes Trailer 1 from Duel: on Vimeo.



[vimeo 250624906 w=640 h=360]

Subs Heroes Trailer 2 from Duel: on Vimeo.

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While pirated Hollywood blockbusters often score the big headlines, there are several other industries that have been battling with piracy over the years. This includes sports organizations.

Many of the major US leagues including the NBA, NFL, NHL, MLB and the Tennis Association, are bundling their powers in the Sports Coalition, to try and curb the availability of pirated streams and videos.

A few days ago the Sports Coalition put the piracy problem on the agenda of the United States Trade Representative (USTR).

“Sports organizations, including Sports Coalition members, are heavily affected by live sports telecast piracy, including the unauthorized live retransmission of sports telecasts over the Internet,” the Sports Coalition wrote.

“The Internet piracy of live sports telecasts is not only a persistent problem, but also a global one, often involving bad actors in more than one nation.”

The USTR asked the public for comments on which countries play a central role in copyright infringement issues. In its response, the Sports Coalition stresses that piracy is a global issue but singles out several nations as particularly problematic.

The coalition recommends that the USTR should put the Netherlands and Switzerland on the “Priority Watch List” of its 2018 Special 301 Report, followed by Russia, Saudi Arabia, Seychelles and Sweden, which get a regular “Watch List” recommendation.

The main problem with these countries is that hosting providers and content distribution networks don’t do enough to curb piracy.

In the Netherlands, sawlive.tv, strikezoneme, wizlnet, AltusHost, Host Palace, Quasi Networks and SNEL pirated or provided services contributing to sports piracy, the coalition writes. In Switzerland, mlbstreamme, robinwidgetorg, strikeoutmobi, BlackHOST, Private Layer and Solar Communications are doing the same.

According to the major sports leagues, the US Government should encourage these countries to step up their anti-piracy game. This is not only important for US copyright holders, but also for licensees in other countries.

“Clearly, there is common ground – both in terms of shared economic interests and legal obligations to protect and enforce intellectual property and related rights – for the United States and the nations with which it engages in international trade to work cooperatively to stop Internet piracy of sports programming.”

Whether any of these countries will make it into the USTR’s final list has yet to be seen. For Switzerland it wouldn’t be the first time but for the Netherlands it would be new, although it has been considered before.

A document we received through a FOIA request earlier this year revealed that the US Embassy reached out to the Dutch Government in the past, to discuss similar complaints from the Sports Coalition.

The same document also revealed that local anti-piracy group BREIN consistently urged the entertainment industries it represents not to advocate placing the Netherlands on the 301 Watch List but to solve the problems behind the scenes instead.

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Determined to reduce levels of piracy globally, Hollywood has become one of the main proponents of site-blocking on the planet. To date there have been multiple lawsuits in far-flung jurisdictions, with Europe one of the primary targets.

Following complaints from Disney, 20th Century Fox, Paramount, Sony, Universal and Warner, Spain has become one of the latest targets. According to the studios a pair of sites – HDFull.tv and Repelis.tv – infringe their copyrights on a grand scale and need to be slowed down by preventing users from accessing them.

HDFull is a platform that provides movies and TV shows in both Spanish and English. Almost 60% its traffic comes from Spain and after a huge surge in visitors last July, it’s now the 337th most popular site in the country according to Alexa. Visitors from Mexico, Argentina, United States and Chile make up the rest of its audience.

Repelis.tv is a similar streaming portal specializing in movies, mainly in Spanish. A third of the site’s visitors hail from Mexico with the remainder coming from Argentina, Columbia, Spain and Chile. In common with HDFull, Repelis has been building its visitor numbers quickly since 2017.

The studios demanding more blocks

With a ruling in hand from the European Court of Justice which determined that sites can be blocked on copyright infringement grounds, the studios asked the courts to issue an injunction against several local ISPs including Telefónica, Vodafone, Orange and Xfera. In an order handed down this week, Barcelona Commercial Court No. 6 sided with the studios and ordered the ISPs to begin blocking the sites.

“They damage the legitimate rights of those who own the films and series, which these pages illegally display and with which they profit illegally through the advertising revenues they generate,” a statement from the Spanish Federation of Cinematographic Distributors (FEDECINE) reads.

FEDECINE General director Estela Artacho said that changes in local law have helped to provide the studios with a new way to protect audiovisual content released in Spain.

“Thanks to the latest reform of the Civil Procedure Law, we have in this jurisdiction a new way to exercise different possibilities to protect our commercial film offering,” Artacho said.

“Those of us who are part of this industry work to make culture accessible and offer the best cinematographic experience in the best possible conditions, guaranteeing the continuity of the sector.”

The development was also welcomed by Stan McCoy, president of the Motion Picture Association’s EMEA division, which represents the plaintiffs in the case.

“We have just taken a welcome step which we consider crucial to face the problem of piracy in Spain,” McCoy said.

“These actions are necessary to maintain the sustainability of the creative community both in Spain and throughout Europe. We want to ensure that consumers enjoy the entertainment offer in a safe and secure environment.”

After gaining experience from blockades and subsequent circumvention in other regions, the studios seem better prepared to tackle fallout in Spain. In addition to blocking primary domains, the ruling handed down by the court this week also obliges ISPs to block any other domain, subdomain or IP address whose purpose is to facilitate access to the blocked platforms.

News of Spain’s ‘pirate’ blocks come on the heels of fresh developments in Germany, where this week a court ordered ISP Vodafone to block KinoX, one of the country’s most popular streaming portals.

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