In broad terms, there are two types of unauthorized online streaming of live TV. The first is via open-access websites where users can view for free. The second features premium services to which viewers are required to subscribe.

Usually available for a few dollars, euros, or pounds per month, the latter are gaining traction all around the world. Service levels are relatively high and the majority of illicit packages offer a dazzling array of programming, often putting official providers in the shade.

For this reason, commercial IPTV providers are considered a huge threat to broadcasters’ business models, since they offer a broadly comparable and accessible service at a much cheaper price. This is forcing companies such as US giant Dish Networks to court, seeking relief.

Following on from a lawsuit filed last year against Kodi add-on ZemTV and TVAddons.ag, Dish has just filed two more lawsuits targeting a pair of unauthorized pirate IPTV services.

Filed in Maryland and Texas respectively, the actions are broadly similar, with the former targeting a provider known as Spider-TV.

The suit, filed against Dima Furniture Inc. and Mohammad Yusif (individually and collectively doing business as Spider-TV), claims that the defendants are “capturing
broadcasts of television channels exclusively licensed to DISH and are unlawfully retransmitting these channels over the Internet to their customers throughout the United States, 24 hours per day, 7 days per week.”

Dish claim that the defendants profit from the scheme by selling set-top boxes along with subscriptions, charging around $199 per device loaded with 13 months of service.

Dima Furniture is a Maryland corporation, registered at Takoma Park, Maryland 20912, an address that is listed on the Spider-TV website. The connection between the defendants is further supported by FCC references which identify Spider devices in the market. Mohammad Yusif is claimed to be the president, executive director, general manager, and sole shareholder of Dima Furniture.

Dish describes itself as the fourth largest pay-television provider in the United States, delivering copyrighted programming to millions of subscribers nationwide by means of satellite delivery and over-the-top services. Dish has acquired the rights to do this, the defendants have not, the broadcaster states.

“Defendants capture live broadcast signals of the Protected Channels, transcode these signals into a format useful for streaming over the Internet, transfer the transcoded content to one or more servers provided, controlled, and maintained by Defendants, and then transmit the Protected Channels to users of the Service through
OTT delivery, including users in the United States,” the lawsuit reads.

It’s claimed that in July 2015, Yusif registered Spider-TV as a trade name of Dima Furniture with the Department of Assessments and Taxation Charter Division, describing the business as “Television Channel Installation”. Since then, the defendants have been illegally retransmitting Dish channels to customers in the United States.

The overall offer from Spider-TV appears to be considerable, with a claimed 1,300 channels from major regions including the US, Canada, UK, Europe, Middle East, and Africa.

Importantly, Dish state that the defendants know that their activities are illegal, since the provider sent at least 32 infringement notices since January 20, 2017 demanding an end to the unauthorized retransmission of its channels. It went on to send even more to the defendants’ ISPs.

“DISH and Networks sent at least thirty-three additional notices requesting the
removal of infringing content to Internet service providers associated with the Service from February 16, 2017 to the filing of this Complaint. Upon information and belief, at least some of these notices were forwarded to Defendants,” the lawsuit reads.

But while Dish says that the takedowns responded to by the ISPs were initially successful, the defendants took evasive action by transmitting the targeted channels from other locations.

Describing the defendants’ actions as “willful, malicious, intentional [and] purposeful”, Dish is suing for Direct Copyright Infringement, demanding a permanent injunction preventing the promotion and provision of the service plus statutory damages of $150,000 per registered work. The final amount isn’t specified but the numbers are potentially enormous. In addition, Dish demands attorneys’ fees, costs, and the seizure of all infringing articles.

The second lawsuit, filed in Texas, is broadly similar. It targets Mo’ Ayad Al
Zayed Trading Est., and Mo’ Ayad Fawzi Al Zayed (individually and collectively doing business as Tiger International Company), and Shenzhen Tiger Star Electronical Co., Ltd, otherwise known as Shenzhen Tiger Star.

Dish claims that these defendants also illegally capture and retransmit channels to customers in the United States. IPTV boxes costing up to $179 including one year’s service are the method of delivery.

In common with the Maryland case, Dish says it sent almost two dozen takedown notices to ISPs utilized by the defendants. These were also countered by the unauthorized service retransmitting Dish channels from other servers.

The biggest difference between the Maryland and Texas cases is that while Yusif/Spider/Dima Furniture are said to be in the US, Zayed is said to reside in Amman, Jordan, and Tiger Star is registered in Shenzhen, China. However, since the unauthorized service is targeted at customers in Texas, Dish states that the Texas court has jurisdiction.

Again, Dish is suing for Direct Infringement, demanding damages, costs, and a permanent injunction.

The complaints can be found here and here.

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Torrent sites come in all shapes and sizes, but generally speaking there’s a clear divide netween private and public sites.

The latter includes the likes of The Pirate Bay and are open to anyone, while private trackers require an account to gain access.

Because many of these close communities also enforce ratio requirements and other rules, they can log quite a bit of data. This generally isn’t the type of information users would like to see out on the streets, but such leaks are no rarity.

In recent days the Danish torrent tracker Hounddawgs.org also ran into some issues. Out of the blue, the site’s 40,000 users received a message signed by ‘Anonymous’ stating that it had been hacked.

Hacked?

The hacker also noted that everyone had been promoted to “staff” but soon after the site went dark. It eventually returned with a message from the operator, accusing another private torrent site of ‘messing around.’

“We’re sorry, but due to server maintenance, we’ll be offline for a little while. Some kiddies from another Danish torrent site don’t like to share users so they found a way to mess a little with the site,” the notice read.

“No harm has been done, and we will be back up as soon as we have found the error and corrected it.”

The message seemed reassuring, but at the same time, a partially redacted file with usernames, emails, and IP-addresses started to circulate.

As a result, the rumor mill went into full swing, and people reported that other accounts where they used the same information, were being compromised. The Hounddawgs operators maintained, however, that allegations of a full database breach were false.

The site’s staff posted a new message refuting the hacking claims. At the same time, they also announced that the site would remain offline indefinitely.

Hounddawgs’ operators say they started the site as a counter-movement to the “tyranny” of other Danish trackers. However, these other trackers allegedly didn’t like the newcomer and fought back, up to a point where Hounddawgs decided to throw in the towel.

Hounddawgs’message (translated)

Private tracker feats are by no means new. They’re as old as private trackers. And while there are plenty opinions, since most of it takes place behind closed doors, the truth is often hard to find.

After the site’s operators said their goodbyes, pointing users to the new infinity-t.org tracker, the alleged hacker responded once more. This time posting over 20 gigabytes of data, said to be the full database and the site’s code.

“But how is that possible? The superheroes of the world, the people behind Hounddawgs, clearly stated on their frontpage that no database was leaked, so how could I possibly have it?” the hacker posted.

“They are lying! Like they have done for years, they don’t care one bit for their users,” the message adds, noting that the server was minimally secured.

The leaked files do indeed include site code and a database, which several people claim to be legitimate. The operators of Hounddawgs also changed their earlier tune. In a message posted on the site yesterday. They now apologize for not dealing with the security issues.

“It has NEVER been our intention to hurt any of you, and we were very happy with all the good users we had. We chose to close the site as a precaution, but unfortunately too late,” they write.

The site was running on the Gazelle script which logs quite a bit of data by default, including users’ IP-addresses. With this info out in the open, many users fear that anti-piracy groups may use the logs to identify individual pirates.

While it’s unlikely that copyright holders will pursue casual sharers based on leaked files, it’s never a pleasant thought to have one’s IP-addresses and other information leaked.

Although the local anti-piracy group, RettighedsAlliancen, might not spring into action right away, it won’t mind seeing the second largest tracker in Denmark go offline.

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For as long as piracy has been mainstream, people have tried to find ways to monetize the system. While many have had good intentions, only models focusing on the negative (copyright trolling, for example) have enjoyed any level of success.

Blockchain startup White Rabbit is hoping to buck that trend but it’s not going to be easy. Then again, nothing worthwhile is, so what do they have to offer?

White Rabbit begins with the assumption that while they love their pirate sites, a many as 60% of pirates would happily reward creators if it was made easy enough. The startup deals with this by inviting pirates to carry on using the kinds of unauthorized sites and services they’re using already, but with a twist.

By installing the White Rabbit browser plug-in, the company will be able to see what content the user is accessing. It will then attempt to match that download to deals it’s made with the companies behind those movies or TV shows. They’ll then get paid a set amount.

“White Rabbit is a content ecosystem accessed through a plugin that recognizes the film and series you stream. The streaming sites are P2P or open server, meaning users can choose where they want to stream,” White Rabbit CEO Alan R. Milligan informs TF.

“We already have a library of films that have won and been nominated for Oscars, Cannes, Berlin and Venice film festival best film prizes – but will continue adding more films and series as we near launch.”

It’s envisioned that this mechanism will prove popular with reluctant pirates since instead of paying Netflix, Amazon, and dozens of other services, users can pay for content through one channel. And, since White Rabbit uses blockchain technology, rights holders can be ensured complete financial transparency, with user payments going straight to them without delay, cutting out the middleman.

“Users are anonymous but can offer filmmakers, artists or other content right holders (investors, distributors, sales agents) our tokens (WRT) as good faith that they are willing to pay for the content. Should the rights holders accept, we enter into a contract with the rights holder that allows them to receive revenue – and accept P2P streaming. We find, and research shows, that most people that are forced to piracy [do so] because they are just not able to access content,” Milligan adds.

White Rabbit’s CEO, who is a filmmaker himself, also sees opportunities to bring fans and filmmakers closer together. Once users have paid for content, they continue to get access via something called the Rabbit Hole, an interface which provides extras that are normally found on a DVD, such as deleted scenes etc.

The team behind White Rabbit describe themselves as “responsible rebels” hoping to spark a revolution. While that’s clearly the goal, by any measure there is a mountain to climb, not least on the content front.

When TorrentFreak first started speaking with the startup in October last year, we were told they were “closing in on 500 films” with contracts, although they wouldn’t elaborate on who might be on board. Nevertheless, that is quite a lot of movies, especially given the mainstream studios’ hatred of pirate sites and anything they might be involved in.

However, subsequent discussion suggests that those with more niche tastes might be White Rabbit’s initial target audience.

“I believe timing is of big relevance and right now a lot of producers are scared of where they´re going to go now that Netflix is enforcing its 50/50 policy. There are also so many amazing films out there that get no or little digital distribution at all,” Milligan says.

“As a Norwegian film producer there is little chance of the film being streamed in my home country – even if we won awards in Cannes and Venice. My latest film Valley of Shadows got US digital distribution, but in Norway – nada.

“My colleagues around the world are suffering the same way, not to mention all the fans who cant watch local films and series. So the indie part of the industry – which is most of us (and still representing 20-30% of cinema sales) – are very ready for change.”

But while indie producers could benefit nicely from White Rabbit, Milligan highlights problems that the big studios have, and suggests that they might like to see the startup succeed too.

“The studios will likely want to see our business model work – but they also have a problem with Netflix which has become a studio. So they´re competitors now, but Netflix has a 100M subscriber advantage. Will they all break out and create each their streaming site for their content only? That would be terrible for fans,” he notes.

That would indeed be a huge problem and it’s an issue we’ve raised here on TF on several occasions. However, if White Rabbit is to succeed, it needs to overcome significant hurdles. We raised just a handful of these with its CEO. First up, Partner Streaming Sites (PSS).

PSS sites appear to be pirate sites that will partner with White Rabbit, so the latter can tap into the formers’ userbases. When White Rabbit users stream ‘pirate’ content from a PSS, that content will be monetized, with the creator getting paid quickly and transparently. At that point, it seems, the content will become non-infringing.

But while that sounds intriguing in theory, plenty of questions remain. White Rabbit says it will share “up to $1M” from its token sale “with the most innovative, brand conscious, film and series loving streaming sites either already out there, planned or about to launch.”

The start-up says the best projects could get $100,000 each but, since its goal is to convert pirates, that necessarily means doing business with pirate sites.

So we asked; how will it be possible to do business with people that are regularly described as criminals? How will it then become possible to secure deals with filmmakers that will undoubtedly come under huge pressure from industry players not to participate in the White Rabbit scheme?

“What we are trying to do is to change digital distribution to everyone´s benefit. We have no interest in financing illegal content, we are interested in spurring innovation in streaming, access for fans and due payment for the rights holders,” Milligan explains.

“That´s what PSS can help us achieve using the WRT (White Rabbit Token) – that helps us find out who wants to be part of this model. No revenue exchanges hands until rights holders accept the token. What is important for rights holders is that we generate more revenue for them than current business models, and we haven´t even included the Rabbit Hole revenue yet.”

So what happens if a White Rabbit user tries to stream something that isn’t part of the program? According to Milligan, PSS sites must remove the content and let White Rabbit users know they must get the content legally elsewhere.

Clearly, the vast majority of pirate site users aren’t White Rabbit users now, nor will they be so in the future, so the removal of content is massively counter-productive for pirate sites. Indeed, it’s this reluctance to take down infringing content that causes them most of their problems.

So, hypothetically, what happens when the operators of streaming site X (that previously partnered with White Rabbit) get arrested and their site shut down for distributing Hollywood content that isn’t part of the program?

“PSS´s would never distribute illegal content, we are offering an opportunity to monetize. We are allowing a platform to those that see monetized P2P as beneficial to their income stream,” Milligan says.

“Hollywood is tricky though, I admit. The proof is in the pudding, so if we have to prove the value through indie and arthouse films first that´s OK. That is still 30% of the multi-billion dollar film market, so we are OK to start with that.”

The final issue is the price and where revenue goes. White Rabbit envisions a user paying $2 for film and $1 for a TV show, although producers are free to set their own price. That means 11 TV shows or five movies per month, given the Netflix model/budget of roughly $11.00 for the same period.

Revenue generated would then be split, with 75% going to the rightsholders, 15% to White Rabbit, and 10% to PSS sites. There’s also a provision for non-PSS sites to be a part of the program, but they would only get 5%, with the remaining 5% going to White Rabbit.

With an incredibly ambitious project like this, it’s easy to find reasons why it might not succeed or even fail to get off the ground. But the team behind the operation have lots of experience in relevant fields and from what we’ve seen are putting considerable effort into getting things moving, as their white paper (pdf) explains.

Currently, White Rabbit is seeking conversation with prospective Partner Streaming Sites, who will provide the content on which White Rabbit will survive. It will certainly be interesting to see which sites put themselves forward for consideration.

This is one of those projects that raises a dizzying volume of questions, with each living up to their billing as part of the Rabbit Hole. The big question is whether the Rabbit Hole will eventually lead to Wonderland or will render everyone who ventures inside feeling surreal and disorientated.

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As quite possibly the most people media player on earth, Kodi is installed on millions of machines – around 38 million according to the MPAA. The software has a seriously impressive range of features but one, if not configured properly, raises security issues for Kodi users.

For many years, Kodi has had a remote control feature, whereby the software can be remotely managed via a web interface.

This means that you’re able to control your Kodi setup installed on a computer or set-top box using a convenient browser-based interface on another device, from the same room or indeed anywhere in the world. Earlier versions of the web interface look like the one in the image below.

The old Kodi web-interface – functional but basic

But while this is a great feature, people don’t always password-protect the web-interface, meaning that outsiders can access their Kodi setups, if they have that person’s IP address and a web-browser. In fact, the image shown above is from a UK Kodi user’s setup that was found in seconds using a specialist search engine.

While the old web-interface for Kodi was basically a remote control, things got more interesting in late 2016 when the much more functional Chorus2 interface was included in Kodi by default. It’s shown in the image below.

Chorus 2 Kodi Web-Interface

Again, the screenshot above was taken from the setup of a Kodi user whose setup was directly open to the Internet. In every way the web-interface of Kodi acts as a web page, allowing anyone with the user’s IP address (with :8080 appended to the end) to access the user’s setup. It’s no different than accessing Google with an IP address (216.58.216.142), instead of Google.com.

However, Chorus 2 is much more comprehensive that its predecessors which means that it’s possible for outsiders to browse potentially sensitive items, including their addons if a password hasn’t been enabled in the appropriate section in Kodi.

Kodi users probably don’t want this seen in public

While browsing someone’s addons isn’t the most engaging thing in the world, things get decidedly spicier when one learns that the Chorus 2 interface allows both authorized and unauthorized users to go much further.

For example, it’s possible to change Kodi’s system settings from the interface, including mischievous things such as disabling keyboards and mice. As seen (or not seen) in the redacted section in the image below, it can also give away system usernames, for example.

Access to Kodi settings – and more

But aside from screwing with people’s settings (which is both pointless and malicious), the Chorus 2 interface has a trick up its sleeve. If people’s Kodi setups contain video or music files (which is what Kodi was originally designed for), in many cases it’s possible to play these over the web interface.

In basic terms, someone with your IP address can view the contents of your video library on the other side of the world, with just a couple of clicks.

The image below shows that a Kodi setup has been granted access to some kind of storage (network or local disk, for example) and it can be browsed, revealing movies. (To protect the user, redactions have been made to remove home video titles, network, and drive names)

Network storage accessed via Chorus 2

The big question is, however, whether someone accessing a Kodi setup remotely can view these videos via a web browser. Answer: Absolutely.

Clicking through on each piece of media reveals a button to the right of its title. Clicking that reveals two options – ‘Queue in Kodi’ (to play on the installation itself) or ‘Download’, which plays/stores the content via a remote browser located anywhere in the world. Chrome works like a charm.

Queue to Kodi or watch remotely in a browser

While this is ‘fun’ and potentially useful for outsiders looking for content, it’s not great if it’s your system that’s open to the world. The good news is that something can be done about it.

In their description for Chorus 2, the Kodi team explain all of its benefits of the interface but it appears many people don’t take their advice to introduce a new password. The default password and username are both ‘kodi’ which is terrible for security if people leave things the way they are.

If you run Kodi, now is probably the time to fix the settings, disable the web interface if you don’t use it, or enable stronger password protection if you do.

Change that password – now

Just recently, Kodi addon repository TVAddons issued a warning to people using jailbroken Apple TV 2 devices. That too was a default password issue and one that can be solved relatively easily.

“People need to realize that their Kodi boxes are actually mini computers and need to be treated as such,” a TVAddons spokesperson told TF.

“When you install a build, or follow a guide from an unreputable source, you’re opening yourself up to potential risk. Since Kodi boxes aren’t normally used to handle sensitive data, people seem to disregard the potential risks that are posed to their network.”

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This week we have two newcomers in our chart.

Blade Runner 2049 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) Blade Runner 2049 8.9 / trailer
2 (1) Justice League 7.1 / trailer
3 (4) Bright 6.7 / trailer
4 (…) Brawl in Cell Block 99 7.2 / trailer
5 (5) Dunkirk 8.3 / trailer
6 (3) Kingsman: The Golden Circle 7.2 / trailer
7 (…) Lady Bird (DVDscr) 8.2 / trailer
8 (10) The Foreigner 7.2 / trailer
9 (2) It 7.6 / trailer
10 (8) Coco (HDTS) 8.9 / trailer

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FCT tyIn July 2015, Portugal’s Ministry of Culture announced the signing of a memorandum between its own General Inspection of Cultural Activities (IGAC), the Portuguese Association of Telecommunication Operators (APRITEL), various rightsholder groups, the body responsible for administering Portugal’s .PT domain, and representatives from the advertising industry.

The memorandum laid out a new mechanism for blocking so-called ‘pirate’ sites. In common with similar frameworks elsewhere, the process can be triggered by a complaint from a rightsholder association. Local anti-piracy group MAPINET then collates evidence that a site is engaged in the unlawful distribution of copyright works and has failed to cease its activities.

The system was quickly utilized by rightsholders seeking to block access to their content. Within six months, 330 sites had been blocked by ISPs, but that was only the beginning. In the months and years that followed, hundreds more sites were rendered inaccessible but in common with similar programs elsewhere, no official list of blocked sites was made available. People are keeping watch, however.

SitesBloqueados (Blocked Sites) is a web portal run by Revolução dos Bytes (Bytes’ Revolution), a group of like-minded anti-censorship activists in Portugal. Created a few months after blocking began in the region, their comprehensive database now contains almost 1,400 domains, the majority of which have been blocked on copyright grounds.

“SitesBloqueados was mainly created because, although the Memorandum of Understanding contained certain requirements to make a site eligible to be blocked – such as 500 items [or links] to copyright content or one third of the site containing copyrighted material – there was no official way to validate that data and make sure that these ‘rules’ are being respected,” team member Henrique Mouta informs TF.

The manner in which the list is maintained is quite unique. As mentioned earlier, there are no official sources listing blocked domains so the people behind SitesBloqueados had to get creative. Alongside this project they also run Ahoy!, a Chrome and Firefox extension that allows users to circumvent censorship in Portugal and it’s through that tool they gather information.

“Ahoy! basically bypasses any traffic to a blocked site through our own proxies, allowing the users to navigate in a free, uncensored internet,” Henrique explains.

As this extension works on a whitelist basis, we had to create a mechanism to automatically detect and whitelist sites that have been blocked, so if a user accesses a blocked site that is not on our list yet, we get a notification so we can review the site and add it to the list. That is the list that is also powering SitesBloqueados.pt.”

When the voluntary agreement was first announced, local ISPs came under intense criticism for agreeing to work with copyright holders without need for a court process. However, Henrique says they are actually in a precarious position.

“We usually see the ISPs as the bad guys, blocking sites, throttling our internet and, more recently, going against the Internet Neutrality. But, in this particular case, all the major ISPs are forced to block any sites that have been requested in 15 days, or they might pay fines for every single day after the deadline.

“MAPiNET (MOVIMENTO CÍVICOANTI PIRATARIA NA INTERNET) is the organization, alongside with IGAC (Inspecção Geral Das Actividades Culturais), that compiles the lists of sites and sends them to the ISP. It’s usually two lists per month. Of course, I’m not excusing the ISPs, as they should stand up against censorship. But we all know that’s asking too much of them,” Henrique adds.

Interestingly, the first site blockade in Portugal wasn’t actioned on copyright grounds. It was, in fact, targeted at Uber.com.

“This happened in June 2015, after a court order to suspend all Uber activity in Portugal. This opened a huge precedent, with all these anti-piracy organizations seeing how easy is to block a site, technically speaking.

“So, at the end of August of that same year, the [anti-piracy] Memorandum was signed by all the parties and, since then, both MAPiNET and IGAC have the power to request any site block, without any court order, without any legal order,” Henrique notes.

This lit a fire under the team and two and half years later, Ahoy! is now being used by 100k people to unblock almost 1,400 sites, while feeding back information on newly blocked domains. These are then added to the blocklist database and considered for unblocking methods via the addon.

Currently, around 50 new domains are blocked every month in Portugal and Henrique and the team are determined to document every one of them. They believe that by keeping an eye on things publicly, it lets the anti-piracy groups know they are being watched and cannot act with impunity. Around 90% of all blocked domains are restricted on copyright grounds but some also fall foul of new gambling laws that forbid unlicensed sites.

From the beginning, the big question has surrounded potential abuse. So, given the lack of a court process, have any players attempted to game the system?

“So far, we haven’t seen any signs of intentional abuse. There have been a few problems with sites being wrongly blocked. The most popular case is Carbon Games site that was blocked nearly two years ago, and it was mistaken for a different site, a Gambling site, named Carbon Gaming,” Henrique says.

“A few months later, we detected another case. A Spanish journalist had a website where he was posting videoclips of the latest releases. All of these releases were originally on YouTube, uploaded by the respective owners, however that was not enough to keep the site alive.”

Under pressure from Revolução dos Bytes this block was reversed but it’s not the only instance of errors. Non-existent sites have been blocked as have sites publishing headlines and linking to the respective online newspapers.

With blocking continuing at a steady pace, dozens of new domains are restricted every month. But Henrique and the team believe it won’t achieve anything positive and only serves to harm the Internet and democracy.

“Blocking sites to prevent piracy is the same as being on a sinking submarine, trying to patch every leaking hull hole with duct tape. If they want to fight piracy, they should try to understand, in the first place, why it happens and what they can do to change it.

“It’s well known that having cheap and quality services like Netflix and Spotify helped Internet piracy levels drop to record lows, DRM issues aside, of course. And the worst of it is the timing: these organizations see the decreasing levels of piracy as a signal that their stupid censorship is actually working. I’m really afraid that this is now an unstoppable snowball. The Internet in Portugal has seen much better days,” Henrique concludes.

But while he’s pessimistic over current developments, it appears that the Ahoy! movement is only set to grow. The team say they want to bring the browser-based system to other countries that are suffering from similar blockades and that suggestions from the public are welcome.

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Last year, adult entertainment publisher ALS Scan dragged several third-party Internet services to court.

The company targeted several companies including CDN provider CloudFlare and the Chicago-based hosting company Steadfast, accusing them of copyright infringement because they offered services to pirate sites.

More than a year has passed and both sides have yet to resolve their differences.

ALS Scan recently asked the court for a partial summary judgment, determining that Steadfast contributed to copyright infringement and that it has no safe harbor protection. If this was granted, the hosting provider would be in serious trouble.

The copyright holder argued that Steadfast refused to shut down the servers of the image sharing platform imagebam.com, which was operated by its client Flixya. ALS Scan sees the site as a repeat offender as it was targeted with dozens of DMCA notices, and accuses Steadfast of turning a blind eye to the situation.

In a new filing submitted this month, Steadfast fiercely denies the allegations. The hosting provider indeed leased servers to Flixya for ten years but says it forwarded all notices to its client.

The hosting company could not address individual infringements, other than shutting down the entire site, which would be disproportionate in their view.

“Steadfast had no ability to terminate services to individual users of Imagebam.com other than unilaterally shutting down the entire server which would have violated the law. Imagebam.com was not a pirate site when it was operated by Flixya,” Steadfast informs the court.

“Steadfast was not a direct infringer; Steadfast’s client Flixya was not a direct infringer. The direct infringers of the ALS content were the users of Flixya’s Imagebam.com website. Discovery has shown that many, if not all the infringers of the ALS content, were actually ALS’s own members who posted ALS content with impunity.”

Interestingly, the users who posted pirated images on the site were ALS Scan’s own customers. According to Steadfast, ALS took absolutely no steps to curb these infringements themselves.

Instead, ALS hired an agent, Steve Easton, to track down infringements on external sites and issue takedown requests. Steadfast received several of these as well, but believes it responded appropriately, even though the notices were not DMCA compliant.

“Once Easton sent his legally insufficient notices to Steadfast, Steadfast immediately forwarded the notices to Flixya. In turn, Flixya disabled access to the allegedly infringing works that were hosted on imagebam.com,” the company writes.

While ALS Claims that imagebam.com was a repeat offender, Steadfast sees things differently. They point out that Flixya is a service provider as well, and that they were the ones who had to address the alleged infringements.

It would certainly not be an “appropriate circumstance” to disconnect the servers of an entire website, not in the way Congress intended the DMCA to work, the hosting provider notes.

“An ‘appropriate circumstance’ to terminate a user does not include terminating a user who follows the law. Here, the facts in the record demonstrate that Flixya did not blatantly infringe copyright,” Steadfast writes.

“Rather, the facts show that Flixya complied with the DMCA. Flixya posted the required DMCA information on its imagebam.com website, had users agree to the terms of service, and informed users that his or her account will be terminated.”

The hosting provider wants the case to be thrown out, but ALS Scan clearly disagrees. According to the copyright holder, Steadfast should have terminated the imagebam.com servers.

“Steadfast maintained its own theory that if its own client was an Internet service provider, Steadfast had no burden to terminate services to its client, or indeed take any action, in response to notifications of infringement,” ALS writes.

“The law is that a service provider must stop providing services to whomever it is providing such services as long as such services materially contribute to infringement.”

It is now up to the court to decide whether Steadfast is indeed liable. If the company loses its safe harbor, this will have implications for the broader hosting industry.

It would essentially mean that large hosting companies are responsible for the infringing content that their clients’ users upload or link to, which could get quite messy.

Steadfast’s response is available here (pdf) and ALS Scan’s reply can be found here (pdf).

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On dozens of occasions during the past year, TF has been compelled to cover the latest entertainment industry anti-piracy scare campaigns. We never have a problem doing so since news is to be reported and we’re all adults with our own minds to evaluate what we’re reading.

Unfortunately, many people behind these efforts seem to be under the impression that their target audience is comprised of simpletons, none of whom are blessed with a brain of their own. Frankly it’s insulting but before we go on, let’s get a few things clear.

Copyright infringement – including uploading, downloading, sharing or streaming – is illegal in most countries. That means that copyright holders are empowered under law to do something about those offenses, either through the civil or criminal courts. While unpalatable to some, most people accept that position and understand that should they be caught in the act, there might be some consequences.

With that said, there are copyright holders out there that need to stop treating people like children at best, idiots at worst. At this point in 2017, there’s no adult out there with the ability to pirate that truly believes that obtaining or sharing the latest movies, TV shows and sports is likely to be completely legal.

If you don’t believe me, ask a pirate why he or she is so excited by their fully-loaded Kodi setup. Hint: It’s because they’re getting content for free and they know full well that isn’t what the copyright holder wants. Then ask them if they want the copyright holder to know their name, address and everything they’ve downloaded. There. That’s your answer.

The point is that these people are not dumb. They know what they’re doing and understand that getting caught is something that might possibly happen. They may not understand precisely how and they may consider the risk to be particularly small (they’d be right too) but they know that it’s something best kept fairly quiet when they aren’t shouting about it to anyone who will listen down the pub.

Copyright holders aren’t dumb either. They know only too well that pirates recognize what they’re doing is probably illegal but they’re at a loss as to what to do about it. For reputable content owners, suing is expensive, doesn’t scale, is a public relations nightmare and, moreover, isn’t effective in solving the problem.

So, we now have a concerted effort to convince pirates that piracy is not only bad for their computers but also bad for their lives. It’s a stated industry aim and we’re going to see more of it in 2018.

If pirate sites aren’t infecting people’s computers with malware from God-knows-where, they’re stealing their identities and emptying their bank accounts, the industries warned in 2017. And if somehow people manage to run this gauntlet of terror without damaging their technology or their finances, then they’ll probably have their house burnt down by an exploding set-top box.

Look, the intention is understandable. Entertainment companies need to contain the piracy problem because if they don’t, it only gets worse. Again, there are few people out there who genuinely expect them to do anything different but this current stampede towards blatant scaremongering is disingenuous at best and utterly ridiculous at worst.

And it won’t work.

While piracy can be engaged in as a solo activity, it’s inherently a social phenomenon. That things can be pirated from here and there, in this way and that, is the stuff of conversations between friends and colleagues, in person and via social media. The information is passed around today like VHS and compact cassettes were passed around three decades ago and people really aren’t talking about malware or their houses catching fire.

In the somewhat unlikely event these topics do get raised for more than a minute, they get dealt with in the same way as anything else.

People inquire whether their friends have ever had their bank accounts emptied or houses burnt down, or if they know anyone who has. When the answer comes back as “no” from literally everyone, people are likely to conclude that the stories are being spread by people trying to stop them getting movies, TV shows, and live sports for free. And they would be right.

That’s not to say that these scare stories don’t have at least some basis in fact, they do.

Many pirate sites do have low-tier advertising which can put users at risk. However, it’s nothing that a decent anti-virus program and/or ad blocker can’t handle, which is something everyone should be running when accessing untrusted sites. Also, being cautious about all electronics imported from overseas is something people should be aware of too, despite the tiny risk these devices appear to pose in the scheme of things.

So, what we have here is the modern day equivalent of Reefer Madness, the 1930’s propaganda movie that tried to scare people away from marijuana with tales of car accidents, suicide, attempted rape and murder.

While somewhat more refined, these modern-day cautionary messages over piracy are destined to fall on ears that are far more shrewd and educated than their 20th-century counterparts. Yet they’re all born out of the same desire, to stop people from getting involved in an activity by warning them that it’s dangerous to them, rather than it having a negative effect on someone else – an industry executive, for example.

It’s all designed to appeal to the selfish nature of people, rather than their empathy for others, but that’s a big mistake.

Most people really do want to do the right thing, as the staggering success of Netflix, iTunes, Spotify, and Amazon show. But the ridiculous costs and/or inaccessibility of live sports, latest movies, or packaged TV shows mean that no matter what warnings get thrown out there, some people will still cut corners if they feel they’re being taken advantage of.

Worst still, if they believe the scare stories are completely ridiculous, eventually they’ll also discount the credibility of the messenger. When that happens, what little trust remains will be eroded.

Then, let’s face it, who wants to buy something from people you can’t trust?

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Let us end the year 2017 with a blast including a nostalgic reference to the past. It has long been asked for by so many and now it finally happened. Kodi for Xbox One is available worldwide through Windows and Xbox Store. Do note it’s not finished yet and may contain missing features and bugs which will be mentioned later in this article.





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Georgia-based TickBox TV is a provider of set-top boxes that allow users to stream all kinds of popular content. Like other similar devices, Tickboxes use the popular Kodi media player alongside instructions how to find and use third-party addons.

Of course, these types of add-ons are considered a thorn in the side of the entertainment industries and as a result, Tickbox found itself on the receiving end of a lawsuit in the United States.

Filed in a California federal court in October, Universal, Columbia Pictures, Disney, 20th Century Fox, Paramount Pictures, Warner Bros, Amazon, and Netflix accused Tickbox of inducing and contributing to copyright infringement.

“TickBox sells ‘TickBox TV,’ a computer hardware device that TickBox urges its customers to use as a tool for the mass infringement of Plaintiffs’ copyrighted motion pictures and television shows,” the complaint reads.

“TickBox promotes the use of TickBox TV for overwhelmingly, if not exclusively, infringing purposes, and that is how its customers use TickBox TV. TickBox advertises TickBox TV as a substitute for authorized and legitimate distribution channels such as cable television or video-on-demand services like Amazon Prime and Netflix.”

The copyright holders reference a TickBox TV video which informs customers how to install ‘themes’, more commonly known as ‘builds’. These ‘builds’ are custom Kodi-setups which contain many popular add-ons that specialize in supplying pirate content. Is that illegal? TickBox TV believes not.

In a response filed yesterday, TickBox underlined its position that its device is not sold with any unauthorized or illegal content and complains that just because users may choose to download and install third-party programs through which they can search for and view unauthorized content, that’s not its fault. It goes on to attack the lawsuit on several fronts.

TickBox argues that plaintiffs’ claims, that TickBox can be held secondarily liable under the theory of contributory infringement or inducement liability as described in the famous Grokster and isoHunt cases, is unlikely to succeed. TickBox says the studios need to show four elements – distribution of a device or product, acts of infringement by users of Tickbox, an object of promoting its use to infringe copyright, and causation.

“Plaintiffs have failed to establish any of these four elements,” TickBox’s lawyers write.

Firstly, TickBox says that while its device can be programmed to infringe, it’s the third party software (the builds/themes containing addons) that do all the dirty work, and TickBox has nothing to do with them.

“The Motion spends a great deal of time describing these third-party ‘Themes’ and how they operate to search for and stream videos. But the ‘Themes’ on which Plaintiffs so heavily focus are not the [TickBox], and they have absolutely nothing to do with Defendant. Rather, they are third-party modifications of the open-source media player software [Kodi] which the Box utilizes,” the response reads.

TickBox says its device is merely a small computer, not unlike a smartphone or tablet. Indeed, when it comes to running the ‘pirate’ builds listed in the lawsuit, a device supplied by one of the plaintiffs can accomplish the same task.

“Plaintiffs have identified certain of these thirdparty ‘builds’ or ‘Themes’ which are available on the internet and which can be downloaded by users to view content streamed by third-party websites; however, this same software can be installed on many different types of devices, even one distributed by affiliates of Plaintiff Amazon Content Services, LLC,” the company adds.

Referencing the Grokster case, TickBox states that particular company was held liable for distributing a device (the Grokster software) “with the object of promoting its use to infringe copyright.” In the isoHunt case, it argues that the provision of torrent files satisfied the first element of inducement liability.

“In contrast, Defendant’s product – the Box – is not software through which users can access unauthorized content, as in Grokster, or even a necessary component of accessing unauthorized content, as in Fung [isoHunt],” TickBox writes.

“Defendant offers a computer, onto which users can voluntarily install legitimate or illegitimate software. The product about which Plaintiffs complain is third-party software which can be downloaded onto a myriad of devices, and which Defendant neither created nor supplies.”

From defending itself, TickBox switches track to highlight weaknesses in the studios’ case against users of its TickBox device. The company states that the plaintiffs have not presented any evidence that buyers of the TickBox streaming unit have actually accessed any copyrighted material.

Interestingly, however, the company also notes that even if people had streamed ‘pirate’ content, that might not constitute infringement.

First up, the company notes that there are no allegations that anyone – from TickBox itself to TickBox device owners – ever violated the plaintiffs’ exclusive right to perform its copyrighted works.

TickBox then further argues that copyright law does not impose liability for viewing streaming content, stating that an infringer is one who violates any of the exclusive rights of the copyright holder, in this case, the right to “perform the copyrighted work publicly.”

“Plaintiffs do not allege that Defendant, Defendant’s product, or the users of Defendant’s product ‘transmit or otherwise communicate a performance’ to the public; instead, Plaintiffs allege that users view streaming material on the Box.

“It is clear precedent [Perfect 10 v Google] in this Circuit that merely viewing copyrighted material online, without downloading, copying, or retransmitting such material, is not actionable.”

Taking this argument to its logical conclusion, TickBox insists that if its users aren’t infringing copyright, it’s impossible to argue that TickBox induced its customers to violate the plaintiffs’ rights. In that respect, plaintiffs’ complaints that TickBox failed to develop “filtering tools” to diminish its customers’ infringing activity are moot, since in TickBox’s eyes no infringement took place.

TickBox also argues that unlike in Grokster, where the defendant profited when users’ accessed infringing content, it does not. And, just to underline the earlier point, it claims that its place in the market is not to compete with entertainment companies, it’s actually to compete with devices such as Amazon’s Firestick – another similar Android-powered device.

Finally, TickBox notes that it has zero connection with any third-party sites that transmit copyrighted works in violation of the plaintiffs’ rights.

“Plaintiff has not alleged any element of contributory infringement vis-à-vis these unknown third-parties. Plaintiff has not alleged that Defendant has distributed any product to those third parties, that Defendant has committed any act which encourages those third parties’ infringement, or that any act of Defendant has, in fact, caused those third parties to infringe,” its response adds.

But even given the above defenses, TickBox says that it “voluntarily took steps” to remove links to the allegedly infringing Kodi builds from its device, following the plaintiffs’ lawsuit. It also claims to have modified its advertising and webpage “to attempt to appease Plaintiffs and resolve their complaint amicably.”

Given the above, TickBox says that the plaintiffs’ application for injunction is both vague and overly broad and would impose “imperssible hardship” on the company by effectively shutting it down while requiring it to “hack into and delete content” which TickBox users may have downloaded to their boxes.

TickBox raises some very interesting points around some obvious weaknesses so it will be intriguing to see how the Court handles its claims and what effect that has on the market for these devices in the US. In particular, the thorny issue of how they are advertised and promoted, which is nearly always the final stumbling block.

A copy of Tickbox’s response is available here (pdf), via Variety

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