Xtream Codes IPTV takedown is a dominant topic on the streaming community right now and has so many aspects that either contaddict or just scare a lot of people. And going through most articles online, especially of the “old media” will get you more confused. So in this article instead we will try and make some sense of everything that happened with Xtream Codes and how that affects you. Read My Full Article here: https://dimitrology.com/xtream-codes-iptv-takedown-what-happened-meaning/
https://dimitrology.com/wp-content/uploads/2019/09/Xtreme-Codes-Takedown-What-Really-Happened-And-Should-You-Worry.jpg7201280Dimitrologyhttps://dimitrology.com/wp-content/uploads/2019/11/WEBSITE-LOGO-2020-SMALL.pngDimitrology2019-09-20 20:27:472019-09-20 20:27:49Xtream Codes Takedown – What Really Happened And Should You Worry?
Manga piracy has been in the news quite a bit this month.
The popular manga comic scanlation platform Manga Rock announced that it will shut down and a few days later Japanese publishers sued the pirate site Hoshinoromi in a U.S. court.
By now, it’s commonly known that you are not supposed to republish copyrighted works without permission. However, people have different views on what the effect of manga piracy is on the revenues of publishers.
Rightsholders often stress that the industry is endangered by people who ‘steal’ their content, while manga consumers can see it as a form of promotion. Free sampling can satisfy the reading needs that are beyond their budget, expanding their horizons.
Newly published research by Professor Tatsuo Tanaka of the Faculty of Economics at Keio University suggests that both sides have a point.
The findings come from a natural experiment that uses a massive takedown campaign conducted by anti-piracy group CODA in 2015. This campaign reduced the availability of pirated comics on various download sites, which allowed Professor Tanaka to analyze how this affected sales of 3,360 comic book volumes.
The results, recently published in the article titled “The Effects of Internet Book Piracy: Case of Comics,” show that the effect of piracy differs between ongoing and completed series. In other words, the effect of piracy is heterogeneous.
“Piracy decreased the legitimate sales of ongoing comics but stimulated legitimate sales of completed comics,” Professor Tanaka writes.
The overall effect of piracy could not be measured with this methodology but the findings clearly show that piracy does have some positive effects. In this case, it shows the number of sales of completed comic book series increase.
This heterogeneous piracy effect on sales is not unique. Previously, research has shown that the Megaupload shutdown increased box office revenues for bigger films, but hurt smaller releases.
The manga piracy findings are particularly relevant for the Manga Rock situation. Following discussions with publishers, the site plans to remove all its pirated titles at the end of this month and return with a completely legal platform in a few months’ time.
Interestingly, that goes against the recommendation of Professor Tanaka, who writes the following in his paper:
“If the effect of piracy is heterogeneous, it is not the best solution to shut down the piracy sites uniformly but to delete harmful piracy files selectively if possible. In this case, deleting piracy files of ongoing comics only is the first best strategy for publishers regardless of whether the total effect is positive or negative, because the availability of piracy files of completed comics is beneficial to both publishers and consumers.”
The paper was published in August and is based on older, previously-released data. So, one should be careful when applying it to the Manga Rock case, which is newer and deals with fan-made scanlation copies. That said, it could give the publishers some food for thought.
Manga Rock is massively popular and has millions of engaged Mmanga fans in its user base. Keeping some of these on board, even with a smaller library, could be smarter than simply driving them towards the next pirate site.
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Xtream Codes IPTV takedown is a dominant topic on the streaming community right now and has so many aspects that either contaddict or just scare a lot of people. And going through most articles online, especially of the “old media” will get you more confused. So in this article instead we will try and make some sense of everything that happened with Xtream Codes and how that affects you.
What is Xtream Codes IPTV
Xtream Codes is an IPTV panel that allows IPTV providers to manage their own IPTV service and also manage their customer database. It is without any doubt the most popular and used platform for IPTV management.
What Isn’t Xtream Codes IPTV
Xtream Codes isn’t an IPTV provider. In some articles that state “Xtream Codes illegal IPTV Service Shutdown” that is utterly nonsense.
Why This Shutdown Is Strange
The platform created by Xtream Codes is totally legal. While a lot of IPTV providers that use the specific platform may be illegal, a lot of them are not. Of course that is not for us to determine, there will be a judge and a lot of experts that should advise on this matter. But fact is that also totally legal and licensed IPTV providers are not working right now because of this takedown.
Why Was Xtream Codes Shutdown
It all started by an investigation of the Italian Police GdF aka “Guardia Di Finanza”, the finance police section of Italy. They arrested a team of an IPTV provider that was working illegally by capturing italian paid tv channels and then streaming them online. In the city of Naples, in an apartment, GdF found a lot of Italian Sky TV decoders that they re-streamed the channels online. The whole operation started since the seller or a reseller was promoting his service on a Facebook page and that was what caught the attention of the Police. When they started unveiling the IPTV providers infrastructure they noticed they were using Xtream Codes IPTV platform and since there were also foreign channels involved they contacted other countries authorities as well. That all brought to a joint force named EUROJUST. Eurojust raided the Xtream Codes panel/backend servers.
Which Is The Big Issue
Since the Xtream Codes IPTV server was seized, Eurojust now has the data of most IPTV providers in the world! They have IP addresses of IPTV servers and the IPTV providers and possibly also names and payment data. They also have IPTV resellers data like email addresses and credits, payment info. And IPTV customers data like usernames, passwords, last used IPs and payment info. In other words they can provide all those information to local authorities of each country where they decide how to act. It is needless to say that illegal IPTV providers and resellers and the big fishes in this operation. The authorities will surely go after the IPTV providers and in some occasions also some resellers.
What About IPTV Customers
While most users these days use a VPN as a measure of protection, especially when streaming content online, that is not the rule to some. Even though in most articles it is mentioned that customers are in danger for fines up to $25.000, on the press conference the Eurojust officials stated more than once that they will not go after customers. That is according to the officials because most of the customers may not even know that the IPTV providers may have been illegal. But in whole honesty, according to their data more than 5 million customers where found in Italy alone. That is more than the 9% of the country (which also makes me wonder if that actual number is real). There is no way that they could go after all those people, let alone have the resources to do so. So my personal opinion, the customers should still be safe.
What Comes Next
You believe or not Xtream Codes IPTV Facebook Page is back online: https://www.facebook.com/XtreamCodes/ . Also a new website popped up with the URL as https://xtream.codes/ . And while there are other option, other platforms that can substitute Xtream Codes, it is almost that the platform will come back. Maybe with more supervision, but they didn’t do anything illegal at the first place. And most what about IPTV providers? Well, some of them that used this platform have already migrated to other platforms. But also some of them, took the money and run. After all this was the perfect excuse to close down, no questions asked and do act surprised if they open under a new name really soon.
https://dimitrology.com/wp-content/uploads/2019/09/Xtream-Codes-IPTV-Takedown.jpg12763182Dimitrologyhttps://dimitrology.com/wp-content/uploads/2019/11/WEBSITE-LOGO-2020-SMALL.pngDimitrology2019-09-20 12:45:542019-09-20 20:29:51Xtream Codes IPTV Takedown, What Happened What Means For You
The Motion Picture Association of America (MPAA) is known as one of the world’s leading anti-piracy organizations.
The trade association has been around for nearly a century. After its inception, the group mostly operated from California but in today’s world that’s no longer the case.
Today the organization has tentacles in nearly every corner of the world and its offices stretch from Brazil, through Belgium, to Singapore. These overseas branches have been operating under the Motion Picture Association (MPA) brand, which the MPAA has now decided to adopt as well.
This means that going forward, all operations will take place under the MPA name, with an optional indicator of the relevant region. The head ‘branch’ formerly known as the MPAA is now MPA America.
“In the nearly 100 years since our founding, the film and television industry has rapidly grown and evolved, and the stories we tell now reach every corner of the world,” MPA Chairman and CEO Charles H. Rivkin comments on the change.
“This new, unified global brand better reflects today’s dynamic content creation industry, the multi-platform distribution models of our companies, and the worldwide audiences we all serve,” Rivkin adds.
The change comes with several new and unified logos, which can be downloaded without repercussions. The organization’s website has also changed from MPAA.org to Motionpictures.org, dropping the America mention.
While the changes to the logo and name appear minimal, the unified branding will certainly be more clear to outsiders. Previously, the MPAA and MPA names were used in tandem, even though they were operating under the same parent organization.
The name change comes at a time of change for the MPA. The organization recently added Netflix as a new member, breaking from its long tradition of backing only major Hollywood studios.
At the same time, the group has taken the lead at a new international anti-piracy outfit, the Alliance for Creativity and Entertainment (ACE), which is comprised of many international rightsholders. The new MPA branding will follow this international trend.
For TorrentFreak, the departure of the MPAA ‘name’ is significant as well. If we look through our archive we see 1,621 articles where the MPAA is referenced, making it one of the most common topics at the site. As such, we may need a few weeks to properly adjust to the new name.
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The Google Stadia video game streaming service is set to come to the Android TV platform.
At the Game Developer Conference earlier this year, Google announced its ambitious cloud gaming service that’s cross-platform and really low-latency. At launch, you’ll be able to stream nearly 40 games at up to 4K@60 from Google’s cloud servers to 2018 or 2019 Pixel smartphones, the Google Chrome browser, or the Chromecast Ultra, though Google plans to expand support to more Android smartphones and Android TV.
Android TV roadmap in 2020 and 2021
At the International Broadcasting Convention, Google unveiled its roadmap for Android TV in 2020 and 2021. In synthesis is the following:
Hero device advancing next-gen smart home UX, e.g. Lens, Camera.
Expand home screen and instream ads offering.
Stadia integration.
Reference video broadcast.
8.0k Apps.
Android 12 S/2021 & beyond
Assistant for Operators: continuously improve quality, i18n and operator integrations.
Hero device program advancing next-generation.
Continue to lower TTM/TCO & expand monetization options.
Less fragmentation in HW + SW solutions, fewer builds.
Hold the line on memory & power, critical user journeys.
Continuous performance monitoring of production devices.
8.0-10k Apps.
So Stadia is confirmed for Android TV too and to come to think of the Nvidia Shield TV 2019 that is expected to hit the markets soon, it all makes sense! Stadia for the Android 11 OS launch in 2020. On the current Android 10 platform instead Stadia launches in November 2019. I hope that this doesn’t change Nvidia’s plans and postpones the launch of the new Shield TV for 2020.
Bad news also is that the same TV OS update is set to “expand home screen and instream ads offering”. So more advertisements is the price to pay for convenient gaming streams. Let’s hope in a better way than the previously ad showing on some Sony TVs some months earlier this year.
More Than 10 Thousands Apps in 2021
And if you are wondering about the 8.0k Apps and 10k Apps, that is not a new resolution standard, that is Google’s prediction of the total amount of the apps that should be available on the Android TV Play Store. So that is also a very exciting move too.
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As reported Wednesday, police in Italy and several other European countries coordinated to take down Xtream Codes, at least one IPTV provider, and more than twenty individuals and related equipment linked to the services.
The precise roles of all these people remain unclear. However, there can be little doubt that emphasis is being placed on the importance of the Xtream Codes management system which, according to law enforcement officials, lay at the very heart of the targeted criminal operation even though the software didn’t supply any content.
This very large operation involved police forces in Italy, the Netherlands, France and Bulgaria. It was coordinated across borders with the assistance of Eurojust, an EU agency that helps agencies from member states to co-operate in criminal matters.
Yesterday afternoon, a press conference took place to explain how the operation panned out, who it had targeted, and to detail various additional pieces of information. It began with Filippo Spiezia, National Member for Italy at Eurojust, explaining that hundreds of officers had been involved in the operation to dismantle the technological infrastructure of a “criminal IPTV network.”
Spiezia confirmed that 181 servers had been taken down and seized and more than 800,000 users (police reported 700,000 earlier yesterday) had been disconnected from the Xtream Codes service when it was taken down.
In what became a common theme throughout the conference with several participants, Spieza sometimes appeared to speak generally about the entire operation, which included the takedown of at least one actual IPTV provider, then sometimes in relation to Xtream Codes alone.
This ambiguity and lack of clarity appear to be causing confusion. For example, Reuters reported the following yesterday:
“The biggest illegal platform shut down on Wednesday, dubbed Xtream Codes, had around 50 millions users worldwide,” Reuters reported, citing Gianluca Berruti of the Italian tax police.
“It sold a bundled pay-TV service that included premium content from Comcast’s Sky Italia, Netflix, Mediaset, Dazn, for a monthly subscription of 12 euros,” it claimed Berruti added.
Again, ‘pirate’ IPTV sellers utilizing the Xtream Codes platform may have been doing just that but, at this stage, the second claim above doesn’t make sense or indeed add up. Fifty million users multiplied by 12 euros a month is a staggering amount of money that wasn’t supported by financial information provided later in the conference.
In common with all of those present at yesterday’s gathering, Filippo Spiezia expressed satisfaction at the success of the international operation, noting that cross-border cooperation had proved invaluable since the investigation began.
“During these months of work at Eurojust, we have adapted to the judicial needs of the Italian authorities….to the specific legal requirements of our new partners. This is the first example of an action conducted with these modalities,” he said.
“Thanks to this action we have sent out a very clear signal to criminals that even in this specific domain, even in this specific area which represents the most advanced form of criminality, we will [respond] to them.”
Vincenzo Piscitelli, Deputy Prosecutor in Naples, painted a picture of small offenses by end-users (pirate IPTV subscribers) fueling “huge illegal activities” behind the scenes.
“So this is why we really tried to hit these organizational structures at the heart and that was done through the investigation that was carried out by the public prosecutor’s office of Naples,” he said.
Next up was Valeria Sico, Public Prosecutor in Naples. Sico spoke quickly and through a translator, so that may account for what at times felt like confusing output. While clearly an expert in law, those looking for clear and specific technical details from the Prosecutor failed to receive them.
Some of what Sico said made sense but the fact that Xtream Codes isn’t normally understood to be an actual provider of illegal streams (although it is undoubtedly used by outsiders to manage them), it’s worth reproducing some of her words in full, to see how muddied this has become.
“There was software created by two citizens of Greek nationality. They have a company which had a legal seat in Bulgaria,” Sico said, confirming the information previously supplied by the Italian authorities.
“So this software enables the disclosure and the transmission of [pirate] TV signals through digital ways to different servers which were constructed by the organizations, by the host providers in the Netherlands and in France.
“Through these servers, the signal – the digital signal – was therefore sent to different IP addresses of final users and these people would then receive the [illegal] television signal in their homes.”
Again, it’s worth reiterating that Sico was speaking through a translator so some context and detail may have been lost but from there, the explanation didn’t really become any more clear.
“For the first time, having identified the company that was producing the software, we went directly to the company that was producing the software so they were enabling people to decrypt the signal,” she said.
“So this is why we also went right to the physical place where the disclosure [broadcast] of the signal would take place within these hosting provider companies in Holland and in France….the signal was broadcast to the company that had created the illegal signal – the software company – and then that was sent to the end-users.”
Again, this isn’t the broadly accepted function of the Xtream Codes system, unless the company itself was also involved in the provision of illicit streams. That claim has been the subject of speculation in the past 24 hours, perhaps based on the Reuters report.
Thankfully, Cybercrime Prosecutor Lodewijk Van Zwieten from the Netherlands kept things fairly simple in his prepared speech.
He began by noting that 93 servers had been taken down in one location in the Netherlands, all of which had targeted the Italian market. This seems to be a reference to equipment operated by the actual IPTV provider shown in the video published yesterday.
According to a chart published by the authorities and reproduced below, it was using the Xtream Codes management software, something which seems to have led the company’s software becoming embroiled in the investigation.
Van Zwieten said that no offenses had been committed by Dutch citizens but confirmed that local Internet infrastructure had been abused by the ‘criminal’ network.
“In the Netherlands, we are proud of the fact that we have a big affordable hosting industry which is very important for our economy but we don’t want these services to be used on a large scale for criminal activities,” he said.
“That is why we find it so important, together with the Dutch hosting industry, to act very diligently against abuse. So it was our pleasure to comply with a request from our Italian colleagues.”
Riccardo Croce, Head of Financial Cybercrime Investigation with the State Police in Italy, said that the “criminal group” (again, no precise explanation of which entities that phrase encompasses) had five million users in Italy alone, contributing to the 2,180,000 euros generated every month in illicit funds.
As highlighted earlier, the figures offered by various parties don’t add up, lack clarity, and as a result, appear to contradict each other.
In common with Sico’s speech, Creco’s was also presented through a translator. However, Creco was absolutely clear that the plan was to get to the “complex mapping of international technological infrastructure and to really hit them at the heart of the infrastructure.”
He spoke briefly about the complex technological network being used to transfer the actual streams but then appeared to touch on the importance of Xtream Codes once again, noting that entities in the chain were able to use a particular service to sell the product to the public.
“Our investigation was based on this, to go to the source level of this illegal signal, to disarticulate completely all servers in various European countries in which the infrastructure existed to replicate these signals,” Creco said.
“And, to hit for the first time, the company that was offering this very interesting support to the criminal infrastructure which put at its disposal these panels, network panels, the computer system through which the multitude of pay channels were able to be sold and resold through a chain of people called resellers throughout Europe so it could end up at the end-users.”
The paragraph above is possibly the clearest description of Xtream Codes’ function from someone in authority since yesterday’s raids. Creco’s statement not only separates the system from the actual provision of illegal streams but describes its function as most people understand it.
While many will argue that Xtream Codes was content-agnostic and capable of being put to plenty of legitimate uses, it’s clear that the authorities do not believe that was the intent at all. Through their statements, as confusing as they were at times, the message seems to be that Xtream Codes was perhaps the most important cog in the wheel.
There are many huge questions now being asked in the unlicensed IPTV community but perhaps the biggest is what information was held on the servers of Xtream Codes at the moment they were seized. They are a potential goldmine of information, not only relating to the many IPTV providers and sellers that used the service but also their customers. The worldwide fallout could be immense.
Importantly, however, Xtream Codes (as popular as it was) is not the only product out there capable of doing this kind of management job. So while the company’s days may already be over, others are already gearing up to fill in the gaps. Whether anyone will want to centralize their data with a vulnerable third-party again will be up for debate, however.
Millennium Films and its daughter companies have been rather active with their anti-piracy efforts in recent months.
The movie companies have targeted some of the largest piracy apps and websites in court with the ultimate goal of shutting them down.
Last week this resulted in a major success when the popular app CotoMovies decided to shut down. This was a direct result of legal pressure from Millennium Films which, in the process, brokered an unusual deal.
In addition to shutting down and issuing a public apology, CotoMovies confirmed that it will share user data with the movie companies. According to the movie company’s attorney, Kerry S. Culpepper, this data can “more than likely” be used to go after users of the streaming piracy app.
While no further details have emerged since, the CotoMovies aftermath continues. A few days ago Millennium Films obtained a subpoena which requires Cloudflare to hand over the personal details of people connected to several file-hosting and streaming sites.
These targets include Verystream and Streamango, two very popular hosting services with millions of users each, which were reportedly used by CotoMovies to serve videos. The other sites, Fembed, VShare, Vidlox, Flix555, Streamplay, and 0123movies, all have a CotoMovies connection as well.
“The above web domains have been identified as streaming copies of Owner’s motion picture(s) and supplying said streams to the piracy app ‘CotoMovies’,” Culpepper informed the Hawaii Federal Court.
Culpepper requests the name, address, telephone, email, payment records, and IP address log history for each associated customer. This will likely be used to conduct follow-up investigations.
The services and sites are informally accused of making Millennium’s copyrighted content available without permission. That said, it’s not clear whether the operators of these domains can be held directly liable. After all, most sites rely on user-uploaded content.
Millennium, however, seems determined to keep digging for more information, perhaps hoping that more apps and services will fold.
“Millennium greatly values their and other’s intellectual property. Millennium cannot keep making new movies if people steal Millennium’s movies through apps like these,” Millennium Media co-president Jonathan Yunger informed TorrentFreak last week, following the CotoMovies shutdown.
—
A copy of the subpoena directed at Cloudflare is available here (pdf).
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Every manufacturer of mass-market video gaming consoles has faced the possibility of piracy on their platforms.
The tools to prevent piracy usually come as a two-man team of hardware and software trickery (technological protection measures) but these are often defeated, later if not sooner.
Nintendo, in particular, has been struggling with piracy on its Switch console, facilitated by circumvention tools (particularly SX Pro and SX OS) promoted and made available to users via various websites.
In an effort to tame the threat, Nintendo went to the High Court of England and Wales, requesting an injunction that would prevent subscribers of several major ISPs from gaining access to the sites in question.
As is common in such cases, the ISPs themselves – Sky, BT, EE, TalkTalk, and Virgin Media – were the named defendants in the case. Nintendo (NCL) asked the Court to compel them to block team-xecutor.com, sx-xecutor.com (both operated by Team Xecutor) plus sxflashcart.com and xecuteros.com (previously stargate3ds.org).
Most ISP blocking in the UK is the result of copyright infringement proceedings but Nintendo’s opening drive against the above sites is that they use the company’s trademarks without permission.
Justice Arnold said that in his opinion it is “beyond dispute” that the sites use Nintendo’s marks in order to promote circumvention devices. He also agreed that the devices were made available to the public on the basis they would be used to provide access to infringing content, since they all mention piracy in promotional material.
“The injunction sought is necessary to prevent, or at least reduce, substantial damage to NCL. It appears that substantial sales of the circumvention devices have been made in the UK, that substantial quantities of pirated games have been downloaded in the UK and installed on Switches using the circumvention devices and that NCL has sustained significant losses as a result,” Justice Arnold writes.
“No alternative measures are realistically available to NCL since NCL has been unable to identity the operators of the Target Websites, who may well be abroad.”
The Judge further notes that cease and desist notices sent by Nintendo’s lawyers were ignored by the target sites while hosting providers, “to the extent they could be identified”, also took no action.
While noting that blocking can be easily circumvented, the Judge said that blocking can be effective in reducing traffic to the sites in question, acts as a deterrent, won’t be detrimental to the ISPs’ business, and is therefore a proportionate response to infringement.
The order handed down by Justice Arnold on Tuesday can be obtained here
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Reports of legal action and law enforcement activities against IPTV services and providers are a regular occurrence but news coming out of Italy this morning is particularly interesting.
According to the Guardia di Finanza (GdF), a law enforcement agency under the authority of the Minister of Economy and Finance, a huge operation is underway to target and dismantle the software service known as Xtream Codes.
What makes the case unusual is that Xtream Codes isn’t an IPTV provider as such. Usually operating from Xtream-codes.com, the company behind the software/system offers a comprehensive package that allows people to manage their own IPTV reselling service and its customers.
The system is subscription-based, starting at around 15 euros per month and running to 59 euros per month for the powerful “all-in-one” solution.
The Guardia di Finanza say that 100 officers from its Special Unit for the Protection of Privacy and Technological Fraud (NSPFT) are taking part in the operation to take Xtream Codes down.
Early reports suggest that the system has been “seized”, allegedly preventing 700,000 users from accessing the platform. Xtream Codes itself recently reported having more than 5,000 clients servicing in excess of 50,000,000 end clients.
The Italian police unit is describing Xtream Codes as an international criminal group that’s being targeted not only in Italy but with simultaneous searches in the Netherlands, France, Germany, Greece and Bulgaria.
Xtream Codes is registered as a company in Bulgaria, has a local VAT number, and lists an address in Petrich for its offices. According to its now-disappeared website, it was founded by two students. Police say that 25 “managers” have been identified but there’s no specific mention of any arrests.
Disruption is already being reported by some IPTV sellers utilizing the Xtream Codes system. Authorities in Italy are set to provide more information on the operation this morning so we’ll update this article as more news comes in.
Update: A video made available by the GdF “Guardia Di Finanza” in respect of the above-detailed operation is embedded below. It is likely to cause confusion due to the depiction of what appears to be a ‘pirate’ IPTV provider being taken down.
Thousands of retailers around the world sell Android-based set-top devices that are able to stream Netflix and other services to customers’ homes.
However, an intriguing lawsuit filed in Canada last week alleges that employees at some companies went too far with their sales promotion pitches by pushing the products for infringing purposes while advising potential buyers on how to pirate content with them.
The lawsuit, filed in Federal Court September 11 by Super Channel owner Allarco Entertainment, targets Staples Canada, Best Buy Canada, London Drugs, Canada Computers, several related companies and up to 50,000 ‘John Doe’ customers.
Allarco Entertainment alleges that one or more of the retailers and their staff (collectively described as “4Stores”) promoted, encouraged, or instructed prospective buyers of Internet streaming devices on how to use and/or modify them to obtain copyright-infringing content. As a result, the devices are described as “Pirate Devices” throughout the lawsuit.
On a website promoting the case, Allarco has published a video as part of its 19-month-long “4 Stores Investigation” which claims to show employees at the defendant companies selling “pirate devices” in a way that contravenes several aspects of local law.
The company says it has 100 hours of undercover recordings to back up its claims. The short video currently available has recordings of alleged staff members advising users to install Kodi, use Google to find Kodi “setup videos”, or even visit other sellers operating elsewhere that will configure the devices for piracy.
Super Channel CEO Don McDonald told CBC that his company showed the video to the four retailers in the spring but that didn’t bring the alleged behavior to an end.
“I wanted them to be step up and be a champion in changing the culture. They didn’t see the light,” he said. “We want the stores to stop. We want the stores to say, ‘Hey this is wrong’.”
While the lawsuit continually describes the set-top boxes as “Piracy Devices” – some of which had Kodi pre-installed – there’s no information in the lawsuit or accompanying video that specifically states that any had dedicated piracy software or services embedded at the point of sale.
That important point will probably become evident as the lawsuit progresses but the complaint does note that “one or more” defendants breached the Copyright Act by “showing pirated programming to customers in their stores.”
The lawsuit itself goes straight for the jugular, reading not dissimilar to many others that have previously targeted sellers of unambiguous dedicated ‘pirate’ devices or services.
“The devices which are the subject of this action have been programmed to steal programming i.e. view the Plaintiffs Programming without authorization and without paying for it,” the complaint reads.
“The 4Stores Defendants or one or more of them have offered for sale, sold, leased and continue to sell or lease Pirate Devices to John Doe Customers and advised, educated, counseled, encouraged, directed, induced, enabled and authorized John Doe Customers to achieve, download, install and operate services that result in the operation of the Pirate Devices and/or that enable and allow the John Doe Customers to access the Infringing Content.”
The complaint, which also references up to 50,000 ‘John Doe’ customers as defendants, states that the 4Stores know their identities and as such, they will “be identified and added as identified parties following disclosure.” Allarco is seeking an order to have these customers served by mail.
The TV company states that the alleged actions of 4Stores detailed above were designed to “encourage and increase” the sale of ‘Pirate Devices’, which would not have been sold had it not been for the “education” provided by the 4Stores staff. When combined, this created or contributed to a culture of “widespread copyright infringement” causing damage to the plaintiff.
The complaint states that the customers of 4Stores who bought such devices and accessed infringing content breached the Copyright Act. At this stage, however, there’s no information that any evidence has been gathered to prove that happened. Nevertheless, the complaint alleges Contributory Infringement by 4Stores as a result of the companies inducing customers to infringe.
Allarco further claims that the 4Stores defendants sold devices that are “designed or produced primarily for the purposes of circumventing a technological protection measure”, and/or “the uses or purposes of which are not commercially significant other than when used for the purposes of circumventing a technological protection measure.”
Finally, there are additional claims that the defendants breached the Radiocommunication Act, Trademark Act (also with damage to goodwill), engaged in intentional interference with business, unjust enrichment, and counseling to commit an offense.
In summary, Allarco is demanding interim, interlocutory, and permanent injunctions including, but not limited to, preventing the defendants from “communicating or facilitating the communication” of its works without permission, including by “configuring, advertising, offering for sale or selling Pirate Devices.”
It also wants the Court to issue a ban on the 4Stores from “teaching, inducing, coaching or demonstrating to others including their own staff, friends and families how to steal or pirate the Plaintiff’s Works.”
The Allarco Entertainment / Super Channel complaint can be found here (pdf)