The final day of Devcon – still lots to get through, although, for the sake of some team members, we might need to speak slowly and quietly…

We started the day with a Foundation financial overview from natethomas. Even as a non-profit, volunteer-run organisation, keeping Kodi going is an expensive undertaking by the time you take into account events and conferences, hosting, legal, development hardware, and similar. This in turn led to a conversation about future logistics: we have a large team now, and it’s getting increasingly challenging to get the team together to meet, discuss, work, and socialise while we continue to make your favourite media centre software. We also want to continue to attend and increase our engagement with FOSDEM, ELC, CES, VDD and other open source and multimedia events.

Our next topic was infrastructure with kib. The Kodi systems respond to literally millions of requests per day for such things as downloads and addon updates, so we’re looking after a significant infrastructure. We have multiple servers for the forum, wiki, main web site, build server and mirroring, all of which need to be managed, backed up, maintained, upgraded. Given our recent extended forum downtime, that was clearly part of the discussion as it’s unacceptable in every respect. We need to look again at how we host our content, our architecture, and any weak points.

We then moved onto a brief conversation about addon security. This is a big topic that will need to be progressed separately: addon sandboxing to protect the core code and operating system, for example, or signing and hashing to ensure code integrity.

Tooling was our next topic, led by razee and martijn. Do we have all the tools that the developers need? Are there better ways and methods? How do we take work out of the system, perhaps through automation of some basic sanity checks? How do we make it easier for people to contribute code and get it accepted and merged?

We then moved on to forum moderation, with a discussion led by darrenhill. All forum users should be aware that we do not allow forum conversations or support threads that touch on piracy, guided by a non-comprehensive list of banned addons on the wiki. However, new piracy addons appear all the time, so we need to consider how we better maintain and publicise this list, including making it clearer to new forum sign-ups: we still get too many people who sign up specifically to ask for help with an unsupported addon, for example. The conversation then moved on to log files, and users who edit these to deliberately try to hide addons/repositories. Finally, we moved on to the sanctions we take against users who repeatedly breach the forum rules, and the basis on which we take action while trying to remain fair and transparent.

Moving on, we came back to a topic we covered earlier in the conference: whether an addon should ever be allowed to modify another addon, or whether an addon should be allowed to disable anything when it finds something that it’s decided is somehow “undesirable”. This is clearly a contentious issue. As a rule, nothing should ever break a working installation, either by changing core Kodi files or by altering some other part of a user’s installation that was already there. The current issue with addons checking for the presence of others, however, is clearly more complex as there may be legitimate reasons for such behaviour, such as a compatibility check. Expect a more formal announcement on this subject in the forums in the near future.

Our final conversation of the day, then – and the final one of the conference – was alwinus and the addon subsystem. He talked us through the current addon system, and some of the problems and limitations it presents: it’s not easily extensible, there are limitations on interoperability between addons, SQL dependencies impacting performance, and there are some inherent instabilities in the addon handling code that can trigger a crash. Simply put, there is a series of improvements proposed that will address these issues: limit SQL dependencies, remove async thread handling, cache more information, move away from dependency on cpluff.

And that’s it for Devcon 2017: time for people to head out, to airports, train stations, wherever.

Thank you to everyone for their attendance and contributions!

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This week we have three newcomers in our chart.

Cars 3 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) Cars 3 7.0 / trailer
2 (1) War for the Planet of the Apes 7.8 / trailer
3 (2) Annabelle Creation (Subbed HDRip) 6.7 / trailer
4 (3) Spider-Man: Homecoming 7.8 / trailer
5 (5) Atomic Blonde (Subbed HDRip) 7.0 / trailer
6 (6) American Made (Subbed HDrip) 7.3 / trailer
7 (4) The Dark Tower 5.9 / trailer
8 (…) Jungle 6.7 / trailer
9 (8) Baby Driver 8.0 / trailer
10 (…) Overdrive 5.3 / trailer

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.





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LibreELEC 8.2.0 provides a mid-year bump to improve hardware support on Intel and Raspberry Pi hardware. It also resolves minor support issues on a range of devices and fixes a number of important security issues affecting the core OS reported in recent months. Kodi is bumped to 17.5, and Samba bumps to 4.6 which brings support for SMB2/3 to LibreELEC for the first time. PLEASE READ THE RELEASE NOTES below before posting an issue in the forums as there are disruptive changes to Samba, Lirc and Tvheadend. UPDATE (29/10): An issue with HEVC playback on Raspberry Pi and Slice hardware...



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Well, 2017 has turned out to be unusual, and we’re not just talking world politics. This year, we’ve managed to bring the newly-extended team together for a second time; it’s something we’d like to do more often, although it’s unlikely that we’ll be able to do it every year.

So, it’s a grey day in Czechia, with ominous clouds hanging expectantly over Prague (picture above not actual weather, sadly!). Team Kodi is assembled – developers, skinners, moderators, the Board – and has been joined by some of our newest team members, Google Summer of Code students, and a couple of key partners.

Ludi incipiant!

Keith once again played MC and opened up the session while Natethomas valiently wrestled to overcome the inevitable hotel AV equipment challenges. Our rough format for this meeting will be a partner day today (Friday) before the internal Kodi stuff takes over for the weekend.

 

FLIRC Logo 

First up for presentations, then, Jason from FLIRC took the floor. He gave us an overview of the FLIRC products, the history of the company, the rationale behind the FLIRC USB learning adapter, a demonstration of the device in action and a brief glimpse of some possible future plans. It’s amazing how excited you can get at, and how long you can discuss, what are perhaps the finest Raspberry Pi cases in the world (but maybe we’re a little biased).

 

VLC Icon

Next up, JB and Etix from VideoLAN – if you don’t recognise that name, they’re the VLC guys, who came resplendent in their traffic cone hats. Topics covered included what’s gone into VLC 3.0, code cleanup and convergence, new features. They also covered some other VideoLAN technologies, some of which go beyond VLC – Mirrorbits, for example. And we finally touched on equivalencies and common interests between the projects, and where we might perhaps collaborate more than we do today.

 

That’s it for Day One – I know that looks short, but it wasn’t. There were many side-bar conversations and parts of the presentations that we simply can’t put onto a public blog, so you’ll have to trust us on those…

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Last November, the cybercrime unit of the French military police shut down the country’s largest pirate site, Zone-Telechargement (Download Zone). This was a huge problem for the millions of people who visited the site on a daily basis.

Founded in 2011, Zone-Telechargement’s popularity soared after the closure of Megaupload, which was also hugely popular in France until its shutdown early 2012. It’s been dead ever since though, despite suggestions it might somehow return to life.

Interestingly, however, a site claiming to be a reincarnation of the original is now trying to scoop up traffic, with promises that the excitement can be found at a new URL.

“Welcome to the new Zone-Telechargement! This is the new address of the indexing site to find movies and series,” a notice on the site reads.

“We make every effort to ensure that you can watch your movies and series in the best conditions and in complete safety. Therefore, we invite you as a Zone-Telechargement user to help us in our big mission! Share our site, talk about it!”

This cloned pirate site is not what it seems

During the past couple of days, people have certainly been talking about it, but not for the usual reasons. As reported by NextInpact, the site already has 100,000 links on Google after being launched sometime in August.

But this is no ordinary pirate site. In fact, it’s not a pirate site at all. While it looks exactly like its pirate namesake, the site links only to legal content on platforms such as Amazon, iTunes, and other official sources.

NextInpact reports that the site is hosted in France and uses film posters and metadata hosted by the National Film Center, which grants official vendors access to a database of supporting content to help them sell their products online.

So, could this be an innovative and unconventional service set up by elements of the film industry to suck in pirates, perhaps?

TF decided to look into the possibility by pulling information from WHOIS, DNS and MX records, hoping to find a trace of who’s behind the operation. None of the searches yielded much information of direct value but they did turn up something else.

Zone-Telechargement.al, it seems, is not on its own. Hosted on the same server at OVH in France is Voirfilms.al which clones VoirFilms.org, a pirate site that was ordered to be blocked by the Paris District Court earlier this year.

Two peas in a pod on the same server

Just like Zone-Telechargement.al, Voirfilms.al only links to legal content. However, when one searches for movies, at least the first two sets of links to content contain affiliate codes for Amazon and a local service, meaning the site’s operators get a kickback from any sale.

Given they use the same host server, mail server, and referral codes (tag=blue0d7-21 for Amazon), we considered it likely that the same people are behind both domains, passing them off as pirate sites in an effort to generate revenue.

Then, on Friday afternoon, NextInpact editor Marc Rees contacted us with a really interesting update. After further research, Rees had concluded that anti-piracy outfit Blue Efficience was probably behind the scheme. Sure enough, after contacting founder and CEO Thierry Chevillard, the company confirmed the project.

“We always had the idea to promote the legal offer. Anti-piracy protection is good, but it is insufficient without this component,” Chevillard told Rees.

Chevillard said that since video-on-demand platforms have difficulties in getting themselves noticed over pirate sites, his company took the decision to mimic the pirate strategy.

“[T]he pirate sites are extremely talented at putting themselves ahead in search engines where they beat the legal offers,” he said, adding that using similar weapons was the solution.

Chevillard told NextInpact that his company initially published links to content without the affiliate kickback but later took the for-profit route in order to “partially offset the costs, even if we are far from covering the costs of developing and operating the site.”

Of course, there’s a certain irony in an anti-piracy outfit actively pirating a pair of pirate sites, particularly since it clearly pirated the pirate sites’ logos and graphics, in order to pass the clones off as the real thing. However, Chevillard sees them as fair game and says his company will take action in the unlikely event the pirates take legal action.

The big question, of course, is whether the clone sites are having the desired effect of encouraging legal purchases. According to early data from Zone-Telechargement.al, around five purchases are made out of every 1000 clicks on content listed by the site.

While Blue Efficience’s cover has been well and truly blown, the company is undeterred and says it will expand its pirate site cloning business. If the strategy reaches any scale, that could be a whole new level of spam for would-be pirates to wade through. Nevertheless, there is a comedy ending to this story.

It appears that since the fake sites are so convincing, rival anti-piracy outfits have been asking Google to take down pages (1,2) from its indexes. Most ‘impressive’ are the efforts from takedown outfit Rivendel, which has filed dozens of complaints against these ‘pirate’ sites. Ouch.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.





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December 2015, a Virginia federal jury ruled that Internet provider Cox Communications was responsible for the copyright infringements of its subscribers.

The ISP was found guilty of willful contributory copyright infringement and ordered to pay music publisher BMG Rights Management $25 million in damages.

Cox swiftly filed its appeal arguing that the district court made several errors that may ultimately restrict the public’s access to Internet services.

This week the Court of Appeals for the Fourth Circuit heard oral argument from both sides, which turned out to be an interesting exercise. The panel of judges Motz, Shedd, and Wynn grilled of both attorneys in an effort to distill the crucial arguments.

Cox attorney Michael Elkin was first up. Among other things, he stressed that Cox didn’t have actual and sufficient knowledge of the claimed infringements.

While BMG uncovered internal Cox emails discussing how frequent offenders were kept on board, these were not specifically discussing BMG infringed works, he argues. However, Judge Wynn stressed that the emails in question did discuss Cox’s policy of not disconnecting infringers.

“But they’re talking about the general abuse department in terms of, where we get these things, this is what we’re going to do with them because we don’t want to lose customers. I mean, it’s the same thing,” he said.

It’s also clear that BMG sent over a million takedown notices to Cox. However, since these were not the ones referenced in the company’s internal emails, these are irrelevant when it comes to the company’s liability for alleged contributory infringement, Cox’s attorney noted.

The back and forth over various issues became rather lively up to a point where Elkin was asked to stop interrupting. “When a judge speaks, you have to be quiet,” Judge Shedd said.

BMG attorney Michael Allan was next in line to present his arguments, which were also carefully dissected by the judges. The attorney stressed that in addition to the takedown notices, BMG provided Cox with a wealth of information on the alleged infringers.

He explained that they sent 1.8 million takedown notices to Cox. When asked what the Internet provider should do with all these notices, Allan mentioned the dashboard they made available, which would help the ISP to check all claims.

“We also provided them with a dashboard. It’s a searchable website that they can search by most egregious repeat infringer, they can pull up every single piece of information we’ve ever provided to them, and they can play the actual songs that were downloaded,” BMG’s attorney said.

Judge Wynn, however, questioned whether the ISP’s abuse department would listen to thousands of infringing songs.

“An internet service provider is going to receive 20,000 of these things per day, 1.8 million a year, or whatever, I don’t care. And they’re going to start playing songs and things like that to see if it’s going on?

“You think that’s where this case is going to go?” Wynn added.

The judges then moved on to the repeat infringer question. An important question asked, was what a ‘repeat infringer’ actually is. BMG’s attorney described this as “someone who repeatedly infringes copyright,” but that wasn’t enough.

“How does somebody know a third party is an infringer? ‘Cause you say so?” Judge Shedd asked.

Cox, for example, sees a repeat infringer as someone who has been previously adjudicated, not someone who has received several takedown notices. Eventually, all had to admit that a repeat infringer is not clearly defined in the DMCA.

Judge Wynn then moved on to highlight another peculiarity. While this case deals with Cox’s failure to implement a repeat infringer policy, this legal requirement by itself is rather meaningless. Even when subscribers are disconnected, they can still join another ISP or come back to Cox after a few months, which makes it pointless.

“As Judge Motz indicated it’s not a perfect solution,” BMG’s lawyer commented.

“It’s not even a good one,” Judge Wynn added.

Another controversial topic that came up is the fact that Cox refused to pass on BMG’s demands because the ISP saw the included settlement demands as extortion. While BMG’s attorney tried to downplay the money issue, Judge Shedd made it very clear what this case is actually about.

“[The DMCA notice] says: you are infringing, you can go to this website and click and pay us $20 or $30. If not, you’re looking at a $150,000 fine. It was about collecting money. We don’t dance around that do we?” Shedd said.

Both Cox and BMG ultimately wanted money from the allegedly infringing subscribers, who might now face an even bigger threat.

“You have two corporations fighting over money, which may be justified. But the net effect of this battle is going to be up against another policy, which is, I think it is the policy, that people should have access to the Internet,” Judge Shedd said.

While the case can still go either way, the oral hearing suggests that the panel of judges is not putting too much weight on the notices sent by BMG. The internal emails from Cox appear to be the key part. Still, we’ll have to wait for the full opinion to see if that’s really true.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.





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YouTube is the world’s leading video and music service and has partnerships with thousands of artists and other publishers around the globe.

While many are happy with the revenue they’re generating from the Google-owned platform, there has been a lot of negative commentary as well.

Several major record labels are complaining about the so-called ‘value gap‘ and the low payouts per streaming view, for example. This view is shared by the Content Creators Coalition (c3), an artist-run advocacy organization for musicians.

The group has just released two new ads calling on the streaming service to give artists more options to prevent piracy while calling on Congress to update the DMCA.

Rehashing the old Apple vs. Microsoft ad theme, the first video depicts an artist who is trying to get pirated content removed from the site. In the ad, YouTube is not particularly helpful, suggesting that pirated content is quickly re-uploaded after it’s removed.

Interestingly, there is no mention of the Content-ID program which many creators successfully use to prevent pirated content from reappearing. The vast majority (98%) of all copyright complaints are currently handled automatically through the Content-ID system.

Takedown Whack-a-Mole?

The second ad complains about poor payments. In this video, the artist gets paid more from all smaller streaming services, even though these generated only a fraction of the views compared to YouTube.

This complaint is not new either. Over the past several years, YouTube has been called out repeatedly for not paying enough. Not only that, the streaming service has also been accused of running a DMCA protection racket, profiting from pirated streams while hiding behind the DMCA’s safe harbor protections.

Pennies?

The Content Creators Coalition says that the advertisements will run on YouTube and other digital platforms as part of a significant new ad buy.

“Google’s YouTube has shortchanged artists while earning billions of dollars of our music. Artists know YouTube can do better,” c3 President and award-winning bassist Melvin Gibbs says.

“So, rather than hiding behind outdated laws, YouTube and Google should work to give artists more control over our music and pay music creators fairly when our songs are played on their platform.”

While these complaints are nothing new for YouTube, they are also intended to rally support from the public and lawmakers.

“Our ads send a message to the executives in Mountain View that artists are fighting back and mobilizing fans to push Congress to update the DMCA and end the legal neglect that has given Big Tech too much power over our work and society,” Gibbs adds.

YouTube itself paints an entirely different picture. The company previously stated that it goes above and beyond what it’s required to do by law, while paying billions to copyright holders.

“Content ID goes beyond a simple ‘notice-and-takedown’ system to provide a set of automated tools that empowers rightsholders to automatically claim their content and choose whether to track, block or monetize it on YouTube,” senior policy counsel Katherine Oyama noted.

“YouTube has paid out over $2 billion to rightsholders who have monetized their content through Content ID since it first launched. In fact, today well over 90% of all Content ID claims across the platform result in monetization.”

This music industry vs YouTube battle is far from over.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.





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Without doubt, streaming is the hot topic in piracy right now, with thousands of illicit channels, TV shows and movies just a few clicks away.

As widely reported, the legal Kodi software augmented with illicit third-party addons is the preferred way to watch for millions of users. However, if people don’t mind sitting at a desktop machine, there’s also a thriving underbelly of indexing sites and similar platforms offering unauthorized access to infringing content.

According to information released by the Federation Against Copyright Theft, an individual in the UK has just felt the wrath of the High Court for providing content to one such platform.

“On Monday 23 October 2017 a judgment was obtained in the High Court against a Sky customer who had been streaming Sky Sports content illegally online,” FACT reports.

“Mr Yusuf Mohammed, of Bristol, has been ordered to pay legal costs of over £16,000, and to disclose details about the money he made and people he colluded with.”

With FACT releasing no more information, TorrentFreak contacted the anti-piracy group for more details on the case.

“Mohammed shared the Sky Sports stream via a piracy blog,” FACT Director of Communications Alice Skeats told TF.

Although FACT didn’t directly answer our question on the topic, their statement that Mohammed was a Sky customer seems to suggest that he might’ve re-streamed content he previously paid for. When we can clarify this point, we will.

FACT didn’t name the ‘piracy blog’ either, nor did it respond to questions about how many people may have viewed Mohammed’s illegal streams. However, FACT did confirm that he streamed Sky Sports channels so potentially a wide range of sports was made available.

The other interesting factor is the claim that Mohammed made money from his streams. Again, FACT didn’t reveal how that revenue was generated (understandable since the case is ongoing) but it seems likely that advertising played a part, as it often does on pirate platforms.

Whether Mohammed will comply with the High Court’s orders to reveal who he colluded with is something for the future but even if he does, Sky isn’t finished with him yet. According to FACT, Mohammed’s already sizeable costs bill will be augmented with a claim for damages from the satellite broadcaster.

While providing and profiting from illegal streams could easily be considered criminal in the UK, FACT confirmed that the case against Mohammed was brought by Sky and supported by FACT in a civil proceeding alone. That was also the case last week when an individual who shared the Joshua vs Klitschko fight on Facebook apologized to Sky and agreed to pay Sky legal costs.

That’s an option Middlesborough businessman Brian Thompson didn’t enjoy when he was arrested for selling infringing ‘Kodi boxes’ two years ago. He was handed an 18 month suspended prison sentence last Friday, after being prosecuted by his local council.

Thompson won’t have to pay compensation but he still gets a criminal record, which can be a major hindrance when trying to get a job or even something as simple as cost-effective insurance cover. Whether these details will have any effect on other commercial pirates in the UK will remain to be seen but it’s certainly possible that some will begin to think twice.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.





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Just over a month ago, a Javascript cryptocurrency miner was silently added to The Pirate Bay. Noticed by users who observed their CPU usage going through the roof, it later transpired the site was trialing a miner operated by Coinhive.

Many users were disappointed that The Pirate Bay had added the Javascript-based Monero coin miner without their permission. However, it didn’t take long for people to see the potential benefits, with a raft of other sites adding the miner in the hope of generating additional revenue.

Now, however, Coinhive has an unexpected and potentially serious problem to deal with. The company has just revealed that on Monday night its DNS records maintained at Cloudflare were accessed by a third-party, allowing an unnamed attacker to redirect user mining traffic to a server they controlled.

“The DNS records for coinhive.com have been manipulated to redirect requests for the coinhive.min.js to a third party server. This third party server hosted a modified version of the JavaScript file with a hardcoded site key. This essentially let the attacker ‘steal’ hashes from our users,” Coinhive said in a statement.

The company hasn’t revealed how long the unauthorized redirect stayed in place for, but it appears that all coins mined on sites hosting Coinhive’s script were ‘stolen’ during the period, instead of being credited to their accounts.

Coinhive stresses that no user account information was leaked and that its website and database servers were uncompromised. But while that’s good news, the method that the hackers used to access the company’s DNS provider lay in a basic security error.

Back in 2014, crowdfunding platform Kickstarter – which Coinhive used – fell victim to a security breach. After being advised of the fact by law enforcement officials, Kickstarter shut down unauthorized access, began strengthening its systems, while advising customers to do the same.

While Coinhive did respond to the warning to ensure that its data was safe, something slipped through the net. One piece of information – its Cloudflare account password – remained unchanged after the Kickstarter attack. It now seems the most likely culprit for this week’s DNS breach.

“The root cause for this incident was an insecure password for our Cloudflare account that was probably leaked with the Kickstarter data breach back in 2014,” Coinhive says.

“We have learned hard lessons about security and used 2FA and unique passwords with all services since, but we neglected to update our years old Cloudflare account.”

While not mentioning Coinhive explicitly, Kickstarter warned earlier this month that the 2014 incident may not be completely over. In an update posted on the site Oct 6, Kickstarter noted that some of its customers had recently been hearing more information about the breach from notification service Have I been pwned?.

In the meantime, Coinhive has issued an apology and indicated it will find ways to reimburse sites which have lost revenue as a result of the DNS hack.

“We’re deeply sorry about this severe oversight,” the company said. “Our current plan is to credit all sites with an additional 12 hours of their the daily average hashrate. Please give us a few hours to roll this out.”

Based on earlier calculations carried out by TF, The Pirate Bay (if it was mining during the breach) could be potentially owed around $200 for the lost hashes, give or take. After turning off mining in September, the site reactivated it again in October, with no opt-out. The situation appears fluid.

While the hack is obviously a disappointment, Coinhive appears to have advised its users quickly and transparently, which under the circumstances is exactly what’s required. The fact that it’s offering compensation to users will also be welcomed.

The breach is the latest controversy to hit the company. Earlier this month, Cloudflare began banning sites which implemented Coinhive mining without informing their users. The CDN company said it considered non-advised mining as malware.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.





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In recent years, New Zealand has been the center stage of the largest copyright battle in Internet history; the criminal prosecution of Megaupload and several of its former employees.

In 2012, the country’s law enforcement officials helped to bring down the file-sharing site, including a military-style raid on its founder, Kim Dotcom.

While the Megaupload case is still ongoing, a separate copyright battle in New Zealand came to a conclusion this week. In this case, the country’s leading National Party was the accused.

In 2014 the party of former Prime Minister and Kim Dotcom nemesis John Key was sued for copyright infringement by Eminem’s publisher Eight Mile Style. In an advertising spot for the General Election campaign, the party used a song heavily inspired by the track “Lose Yourself.” A blatant copyright infringement, they argued.

This week the High Court agreed with the publisher ruling that the ad indeed infringed on their copyright. The National Party must now pay a total of $600,000 (415,000 USD) including damages and interest, NZ Herald reports.

Recognizing the irony, Kim Dotcom swiftly took the matter to Twitter. He launched a poll asking who’s guilty of copyright infringement, him or the National Party? The results are, as expected, in his favor.

Lose Yourself?

Dotcom sees the matter as something the old government is responsible for and he has more faith in the current leadership.

“All I can say is that the irony of this is hilarious and that Karma has finally caught up with the corrupt !former! National government. Honest people are now running New Zealand and the courts will be busy dealing with the crimes committed by the last government,” Dotcom informs us.

The National Party didn’t simply use the song without paying for it. They actually sought professional advice before starting the campaign and licensed a track called Eminem Esque, which is the one they used in the ad.

While the party hoped to avoid more expensive licensing fees by using the knock-off song, the High Court ruled that the similarities between Lose Yourself and Eminem Esque are so significant that it breached copyright.

And indeed, the music used in the ad campaign below is quite similar to the original Eminem track.

National Party president Peter Goodfellow is disappointed with the outcome and stresses that the party did not act flagrantly and properly licensed the song that was used.

“The music was licensed with one of New Zealand’s main industry copyright bodies, the Australasian Mechanical Copyright Owners Society. Being licensed and available for purchase, and having taken advice from our suppliers, the party believed the purchase was legal.”

The fact that the Party sought advice and licensed the knock-off track was taken into account. The High Court didn’t award any additional damages, but nonetheless, the copyright infringement claims stuck.

The other camp was more positive about the outcome. Adam Simpson, who represented Eminem’s publisher, described the ruling as a win for musicians and a warning to those who infringe on their rights.

“The ruling clarifies and confirms the rights of artists and songwriters. It sets a major precedent in New Zealand and will be influential in Australia, the UK and elsewhere,” Simpson said.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.





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