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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As the image on the right shows, Microsoft’s Universal Windows Platform (UWP) is a system that enables software developers to create applications that can run across many devices.

“The Universal Windows Platform (UWP) is the app platform for Windows 10. You can develop apps for UWP with just one API set, one app package, and one store to reach all Windows 10 devices – PC, tablet, phone, Xbox, HoloLens, Surface Hub and more,” Microsoft explains.

While the benefits of such a system are immediately apparent, critics say that UWP gives Microsoft an awful lot of control, not least since UWP software must be distributed via the Windows Store with Microsoft taking a cut.

Or that was the plan, at least.

Last evening it became clear that the UWP system, previously believed to be uncrackable, had fallen to pirates. After being released on October 31, 2017, the somewhat underwhelming Zoo Tycoon Ultimate Animal Collection became the first victim at the hands of popular scene group, CODEX.

“This is the first scene release of a UWP (Universal Windows Platform) game. Therefore we would like to point out that it will of course only work on Windows 10. This particular game requires Windows 10 version 1607 or newer,” the group said in its release notes.

CODEX release notes

CODEX says it’s important that the game isn’t allowed to communicate with the Internet so the group advises users to block the game’s executable in their firewall.

While that’s not a particularly unusual instruction, CODEX did reveal that various layers of protection had to be bypassed to make the game work. They’re listed by the group as MSStore, UWP, EAppX, XBLive, and Arxan, the latter being an anti-tamper system.

“It’s the equivalent of Denuvo (without the DRM License part),” cracker Voksi previously explained. “It’s still bloats the executable with useless virtual machines that only slow down your game.”

Arxan features

Arxan’s marketing comes off as extremely confident but may need amending in light of yesterday’s developments.

“Arxan uses code protection against reverse-engineering, key and data protection to secure servers and fortification of game logic to stop the bad guys from tampering. Sorry hackers, game over,” the company’s marketing reads.

What is unclear at this stage is whether Zoo Tycoon Ultimate Animal Collection represents a typical UWP release or if some particular flaw allowed CODEX to take it apart. The possibility of additional releases is certainly a tantalizing one for pirates but how long they will have to wait is unknown.

Whatever the outcome, Arxan calling “game over” is perhaps a little premature under the circumstances but in this continuing arms race, they probably have another version of their anti-tamper tech up their sleeves…..

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Some of the most popular Kodi repositories have been taken down after reportedly receiving a Cease and Desist letter from ACE.

Not a happy Valentine’s for a lot of people this year as some of the most popular Kodi related sources were reportedly hit with cease and desist letters today from Alliance for Creativity and Entertainment (ACE), an anti-piracy partnership between Hollywood studios, Netflix, Amazon, and more than two dozen other companies. These letters were identical to those received by the Colossus, Dandy Media, Mucky Ducky, and other repositories back in November 2017.

The cease and desist letter alleges that the defendant receiving the letter is encouraging copyright infringement through the addons. The letter does not appear to be a signed legal document. There is no signature from a lawyer and no law firm is listed on the letter. It simply asks to “stop” or be faced with further punishment.

In the specifics, this is what we know as of right now:

Noobs and Nerds Repository

At least one member of the Noobs and Nerds repository received letters today and the official NoobsandNerds.com website leads to a suspended account message. Their Twitter account has been deleted as well. Lastly, the NaN repo has been pulled offline.

OpenELEQ, posted the following on Reddit:

You probably all seen it allready: Nan-site is offline as is their twitter. It does not look like it will be comming back either and I have also emptied out my repo’s of all content that could be considered copyright-infringing.

I will be keeping my git-account alive though simply to avoid it being high-jacked, nothing else. Also, if you see claims in the future that I or Nan endorses TVA (similar to what happened to Xunity), do not believe it as that will never ever happen!

For anyone still choosing to associate with TVA: watch your back and the best of luck, you are going to need it. Sure, there are some good people amongst them but imo, Adam/Eleazar is by far the most arrogant, devious and generally the worst person I have ever come across.

To end on a positive note, I would like to take this chance to say that Nan and totalxbmc before that have without a doubt been the nicest and most helpfull group I have ever had the pleasure of dealing with and being a part of. I have frequented a lot of kodi related forums (tvaddons.ag/co/nl, xunity, openelec to name just a few) but nowhere have I felt more welcome, appreciated and, well, simply at home then at nan.

ZT Team – Pyramid

Although the Zero Tolerance Team Repository seems that isn’t going anywhere, the repo and wizard are currently offline. Also, from the same repository it is certain that the Pyramid addon and the Tombraider builds are now history. Pyramid / Tombraider decided that is not worth the risk and retired from the KODI 3rd party developing scene.

Teverz Repo

Teverz which is also a Youtube content creator, has his own wizard for Kodi. He received a letter and talked to the referee on the phone via the number supplied. So far, Teverz in a video that he released said that he is keeping everything online, calling the letter nothing but a “scare tactic” without any  sort of legal weight.

Looking Glass Repo

The Looking Glass Repository is also offline and their server gives a message that the account is suspended. Though we do not have an official statement from the group, it seems that they also left the scene.

Doggmatic

Doggmatic is also a Youtuber and a build maker. Like Teverz he released a video saying that the letter he received has no legal authority and that he is not going anywhere. He is not a member of the Illuminati Team Repo as it was reported by some media and KODI related blogs.

 

SpinzTV Repository

SpinzTV, one of the most popular Kodi builds/wizard (also hosted the Strictly HD and Spinz Cartoon Crazy addons) seems that also received a cease and desist letter from ACE. His KODI builds and whole repository are offline and he has stated that he is finished with Kodi for now:

Reports that also Mr Blamo received the same cease and desist letter appear to be false. The repository has changed server and in order to update the repo you need to download the latest version: blamo repository (v0.0.6).

In the community there is also a rumor that supposedly TVAddons is behind these attacks. This also seems to be false, in fact most of the people that received the ACE cease and desist letters do not believe that it has nothing to do with TV Addons. TVA in their website reported the news about the NoobsAndNerds c&d letter and even if from the article one can easily understand that there is not a lot of love in their relatioship, they also added their support to the NAN group.

Although certain members of NaN would from time to time attack our community, we never spoke ill of them. In the spirit of open source, we only wishes them the best. We understand what it’s like to fall victim to copyright bullies and hope they get out of it without losing their shirts.

 


Online streaming piracy is on the rise and many people now use dedicated media players to watch content through their regular TVs.

This is a thorn in the side of various movie companies, who have launched a broad range of initiatives to curb this trend.

One of these initiatives is the Alliance for Creativity and Entertainment (ACE), an anti-piracy partnership between Hollywood studios, Netflix, Amazon, and more than two dozen other companies.

Last year, ACE filed a lawsuit against the Georgia-based company Tickbox TV, which sells Kodi-powered set-top boxes that stream a variety of popular media.

ACE sees these devices as nothing more than pirate tools so the coalition asked the court for an injunction to prevent Tickbox from facilitating copyright infringement, demanding that it removes all pirate add-ons from previously sold devices.

Last month, a California federal court issued an initial injunction, ordering Tickbox to keep pirate addons out of its box and halt all piracy-inducing advertisements going forward. In addition, the court directed both parties to come up with a proper solution for devices that were already sold.

The movie companies wanted Tickbox to remove infringing addons from previously sold devices, but the device seller refused this initially, equating it to hacking.

This week, both parties were able to reach an ‘agreement’ on the issue. They drafted an updated preliminary injunction which replaces the previous order and will be in effect for the remainder of the lawsuit.

The new injunction prevents Tickbox from linking to any “build,” “theme,” “app,” or “addon” that can be indirectly used to transmit copyright-infringing material. Web browsers such as Internet Explorer, Google Chrome, Safari, and Firefox are specifically excluded.

In addition, Tickbox must also release a new software updater that will remove any infringing software from previously sold devices.

“TickBox shall issue an update to the TickBox launcher software to be automatically downloaded and installed onto any previously distributed TickBox TV device and to be launched when such device connects to the internet,” the injunction reads.

“Upon being launched, the update will delete the Subject [infringing] Software downloaded onto the device prior to the update, or otherwise cause the TickBox TV device to be unable to access any Subject Software downloaded onto or accessed via that device prior to the update.”

All tiles that link to copyright-infringing software from the box’s home screen also have to be stripped. Going forward, only tiles to the Google Play Store or to Kodi within the Google Play Store are allowed.

In addition, the agreement also allows ACE to report newly discovered infringing apps or addons to Tickbox, which the company will then have to remove within 24-hours, weekends excluded.

“This ruling sets an important precedent and reduces the threat from piracy devices to the legal market for creative content and a vibrant creative economy that supports millions of workers around the world,” ACE spokesperson Zoe Thorogood says, commenting on the news.

The new injunction is good news for the movie companies, but many Tickbox customers will not appreciate the forced changes. That said, the legal battle is far from over. The main question, whether Tickbox contributed to the alleged copyright infringements, has yet to be answered.

Ultimately, this case is likely to result in a landmark decision, determining what sellers of streaming boxes can and cannot do in the United States.

A copy of the new Tickbox injunction is available here (pdf).

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Faced with millions of individuals consuming unlicensed audiovisual content from a variety of sources, entertainment industry groups have been seeking solutions closer to the roots of the problem.

As widespread site-blocking attempts to tackle ‘pirate’ sites in the background, greater attention has turned to legal platforms that host both licensed and unlicensed content.

Under current legislation, these sites and services can do business relatively comfortably due to the so-called safe harbor provisions of the US Digital Millennium Copyright Act (DMCA) and the European Union Copyright Directive (EUCD).

Both sets of legislation ensure that Internet platforms can avoid being held liable for the actions of others provided they themselves address infringement when they are made aware of specific problems. If a video hosting site has a copy of an unlicensed movie uploaded by a user, for example, it must be removed within a reasonable timeframe upon request from the copyright holder.

However, in both the US and EU there is mounting pressure to make it more difficult for online services to achieve ‘safe harbor’ protections.

Entertainment industry groups believe that platforms use the law to turn a blind eye to infringing content uploaded by users, content that is often monetized before being taken down. With this in mind, copyright holders on both sides of the Atlantic are pressing for more proactive regimes, ones that will see Internet platforms install filtering mechanisms to spot and discard infringing content before it can reach the public.

While such a system would be welcomed by rightsholders, Internet companies are fearful of a future in which they could be held more liable for the infringements of others. They’re supported by the EFF, who yesterday presented a petition to the US Copyright Office urging caution over potential changes to the DMCA.

“As Internet users, website owners, and online entrepreneurs, we urge you to preserve and strengthen the Digital Millennium Copyright Act safe harbors for Internet service providers,” the EFF writes.

“The DMCA safe harbors are key to keeping the Internet open to all. They allow anyone to launch a website, app, or other service without fear of crippling liability for copyright infringement by users.”

It is clear that pressure to introduce mandatory filtering is a concern to the EFF. Filters are blunt instruments that cannot fathom the intricacies of fair use and are liable to stifle free speech and stymie innovation, they argue.

“Major media and entertainment companies and their surrogates want Congress to replace today’s DMCA with a new law that would require websites and Internet services to use automated filtering to enforce copyrights.

“Systems like these, no matter how sophisticated, cannot accurately determine the copyright status of a work, nor whether a use is licensed, a fair use, or otherwise non-infringing. Simply put, automated filters censor lawful and important speech,” the EFF warns.

While its introduction was voluntary and doesn’t affect the company’s safe harbor protections, YouTube already has its own content filtering system in place.

ContentID is able to detect the nature of some content uploaded by users and give copyright holders a chance to remove or monetize it. The company says that the majority of copyright disputes are now handled by ContentID but the system is not perfect and mistakes are regularly flagged by users and mentioned in the media.

However, ContentID was also very expensive to implement so expecting smaller companies to deploy something similar on much more limited budgets could be a burden too far, the EFF warns.

“What’s more, even deeply flawed filters are prohibitively expensive for all but the largest Internet services. Requiring all websites to implement filtering would reinforce the market power wielded by today’s large Internet services and allow them to stifle competition. We urge you to preserve effective, usable DMCA safe harbors, and encourage Congress to do the same,” the EFF notes.

The same arguments, for and against, are currently raging in Europe where the EU Commission proposed mandatory upload filtering in 2016. Since then, opposition to the proposals has been fierce, with warnings of potential human rights breaches and conflicts with existing copyright law.

Back in the US, there are additional requirements for a provider to qualify for safe harbor, including having a named designated agent tasked with receiving copyright infringement notifications. This person’s name must be listed on a platform’s website and submitted to the US Copyright Office, which maintains a centralized online directory of designated agents’ contact information.

Under new rules, agents must be re-registered with the Copyright Office every three years, despite that not being a requirement under the DMCA. The EFF is concerned that by simply failing to re-register an agent, an otherwise responsible website could lose its safe harbor protections, even if the agent’s details have remained the same.

“We’re concerned that the new requirement will particularly disadvantage small and nonprofit websites. We ask you to reconsider this rule,” the EFF concludes.

The EFF’s letter to the Copyright Office can be found here.

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We are excited to announce that Kodi has been accepted as a Google Summer of Code 2018 project! Students, as of the time of this publication, you have about 2 weeks to start thinking about project ideas.

If you are a student interested in applying, please head over to our project Ideas page and begin thinking about what you might like to hack on. We’re excited to see what ideas you come up with! This page covers several idea we feel would fit the project however it is not an extensive list so new ideas are also welcome. We even made a special forum section to further discuss your ideas and if they would fit the project. You can find it here.

 





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More than six years ago in January 2012, file-hosting site Megaupload was shut down by the United States government and founder Kim Dotcom and his associates were arrested in New Zealand.

What followed was an epic legal battle to extradite Dotcom, Mathias Ortmann, Finn Batato, and Bram van der Kolk to the United States to face several counts including copyright infringement, racketeering, and money laundering. Dotcom has battled the US government every inch of the way.

The most significant matters include the validity of the search warrants used to raid Dotcom’s Coatesville home on January 20, 2012. Despite a prolonged trip through the legal system, in 2014 the Supreme Court dismissed Dotcom’s appeals that the search warrants weren’t valid.

In 2015, the District Court later ruled that Dotcom and his associates are eligible for extradition. A subsequent appeal to the High Court failed when in February 2017 – and despite a finding that communicating copyright-protected works to the public is not a criminal offense in New Zealand – a judge also ruled in favor.

Of course, Dotcom and his associates immediately filed appeals and today in the Court of Appeal in Wellington, their hearing got underway.

Lawyer Grant Illingworth, representing Van der Kolk and Ortmann, told the Court that the case had “gone off the rails” during the initial 10-week extradition hearing in 2015, arguing that the case had merited “meaningful” consideration by a judge, something which failed to happen.

“It all went wrong. It went absolutely, totally wrong,” Mr. Illingworth said. “We were not heard.”

As expected, Illingworth underlined the belief that under New Zealand law, a person may only be extradited for an offense that could be tried in a criminal court locally. His clients’ cases do not meet that standard, the lawyer argued.

Turning back the clocks more than six years, Illingworth again raised the thorny issue of the warrants used to authorize the raids on the Megaupload defendants.

It had previously been established that New Zealand’s GCSB intelligence service had illegally spied on Dotcom and his associates in the lead up to their arrests. However, that fact was not disclosed to the District Court judge who authorized the raids.

“We say that there was misleading conduct at this stage because there was no reference to the fact that information had been gathered illegally by the GCSB,” he said.

But according to Justice Forrest Miller, even if this defense argument holds up the High Court had already found there was a prima facie case to answer “with bells on”.

“The difficulty that you face here ultimately is whether the judicial process that has been followed in both of the courts below was meaningful, to use the Canadian standard,” Justice Miller said.

“You’re going to have to persuade us that what Justice Gilbert [in the High Court] ended up with, even assuming your interpretation of the legislation is correct, was wrong.”

Although the US seeks to extradite Dotcom and his associates on 13 charges, including racketeering, copyright infringement, money laundering and wire fraud, the Court of Appeal previously confirmed that extradition could be granted based on just some of the charges.

The stakes couldn’t be much higher. The FBI says that the “Megaupload Conspiracy” earned the quartet $175m and if extradited to the US, they could face decades in jail.

While Dotcom was not in court today, he has been active on Twitter.

“The court process went ‘off the rails’ when the only copyright expert Judge in NZ was >removed< from my case and replaced by a non-tech Judge who asked if Mega was ‘cow storage’. He then simply copy/pasted 85% of the US submissions into his judgment," Dotcom wrote.

Dotcom also appeared to question the suitability of judges at both the High Court and Court of Appeal for the task in hand.

“Justice Miller and Justice Gilbert (he wrote that High Court judgment) were business partners at the law firm Chapman Tripp which represents the Hollywood Studios in my case. Both Judges are now at the Court of Appeal. Gilbert was promoted shortly after ruling against me,” Dotcom added.

Dotcom is currently suing the New Zealand government for billions of dollars in damages over the warrant which triggered his arrest and the demise of Megaupload.

The hearing is expected to last up to two-and-a-half weeks.

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