Posts Tagged ‘anti-piracy’

Norway Mulls Anti-Piracy ‘Complaint Board’ Proposal

Wednesday, January 14th, 2009

Anti-piracy organizations send out thousands of infringement notices a year to alleged pirates. Strangely enough, these infringement notices are hardly ever backed up by solid evidence. The Norwegian Consumer Council is now proposing to create an independent committee to deal with copyright infringement disputes between alleged pirates and rights holders.

Similar to other consumer rights organizations, the Norway Consumer Council (Forbrukerrådet) is dedicated to representing the interests of consumers, operating independently of the commercial interests of others. It aims to influence business, at the same time as educating and providing help to consumers, and has been vocal in its opposition of iTunes DRM.

Back in March this year, the Council (NCC) entered the file-sharing debate, when it advised members of the public not to comply with the demands of a Norwegian law firm. The law firm, Simonsen, had sent out letters to ISPs demanding that alleged pirates sign legal agreements accepting that they had shared files, and promising never to do it again. The NCC legal officer, Hans Marius Graasvold, said that the signing of such a letter (which is very similar indeed to the letters sent out by UK lawyers Davenport Lyons) makes the consumer liable for all past and future acts of file-sharing in his household, and should be avoided at all costs. This intervention by NCC led to the Norwegian ISP association advising their members not to pass on the lawyers letters.

NCC is also opposed to any “3 strikes” type legislation, calling it a “grossly disproportionate” response, with Hans Marius Graasvold stating that consumers facing such allegations are deprived of due process and their right to privacy. Internet access should be provided by an ISP on “neutral terms” with “legal protection against arbitrary termination of the contract.”

Presumably trying to find some middle-ground in this file-sharing debate, which includes the sticky issues of citizen’s rights, due process and privacy, the NCC has started discussions with representatives of the copyright industry and ISPs, with a view to the creation of an independent committee empowered to act in cases of alleged copyright infringement. Major Norwegian ISPs have apparently welcomed the initiative.

The proposals suggest that such a committee should be run by a public authority, and act as a mechanism for alternative dispute resolution and in other cases, a complaint board. When an alleged pirate is approached with allegations by a copyright holder, the consumer would then have the opportunity to send the complaint to the committee for its consideration, with any decision subject to appeal.

The NCC hopes to put its proposals to the Norwegian government by mid 2009.

Ofcom, the UK’s independent regulator for the communications industry has also indicated that it could get involved in the file-sharing debate, in trying to find an alternative to the doomed “3 strikes” proposals, although it hasn’t suggested that it would offer any arbitration services.

Post from: TorrentFreak




New Zealand First to Adopt 3-Strikes Law for Pirates

Wednesday, January 14th, 2009

New Zealand is known for sheep, rugby, and dramatic filming locations. However, it will also be known for being the first place in the world with a 3-strikes law for copyright infringement. The Copyright Amendment Act 2008 gained royal assent earlier this year, and goes into effect at the end of February 2009. Opposition to this bill, despite being signed into law, is still growing though.

New Zealand FlagPreviously we’ve discussed how certain countries have been pushing for laws requiring ISPs to disconnect filesharers, if they receive multiple notices alleging copyright infringement. This proposal has been struck down by the EU, and no-one but lobby groups seems to want it.

However, over in New Zealand a law requiring ISPs to disconnect repeat copyright infringers has been proposed, passed and signed into law. The law, Copyright (New Technologies) Amendment Act 2008 adds a new section to deal with Internet Service Providers and copyright infringement. Yet, opposition from ISPs, and Internet user groups may see it being struck down or modified before it goes into force.

The section in question, 92A reads

Internet service provider must have policy for terminating accounts of repeat infringers
(1) An Internet service provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the account with that Internet service provider of a repeat infringer.
(2) In subsection (1), repeat infringer means a person who repeatedly infringes the copyright in a work by using 1 or more of the Internet services of the Internet service provider to do a restricted act without the consent of the copyright owner.

Opposition to this section of law has been steady, with six industry bodies that have opposed the law meeting with government ministers. Indications from Communications Minister David Cunliffe and Associate Commerce Minister Judith Tizard, are that if the opposing groups and rights holders can come to an agreement by developing a workable code of practice, the law can be reworded. Tizard also reiterated strongly that the law was going ahead, and it would do so because of ‘Internet piracy’, according to one of the meeting’s participants

The issue at the heart of the debate is that of proof. InternetNZ head Keith Davidson told New Zealand’s Stuff, that he wanted to see an element of proof being required before people are cut off. A position understandable with the recent bad press given to copyright infringement allegations in the US, both in studies, and the courtroom. Countering him was the CEO of the NZ Recording Industry Association, telling Stuff that proving the guilt of infringers in a court of law, before any penalty is dealt out would be “impractical and ridiculous”, a sentiment also shared by his American counterparts.

A provision to penalize false or inaccurate accusations was in the bill at one point, after dealings by the group of six with a select committee. However, Tizard stated that it was inappropriate, as the Cabinet had already decided the law was to go ahead as was, and that people shouldn’t be surprised.

New Zealand is also in the middle of an election (voting day is November 8th) so there may be a change of ministers soon. These may be more amenable to changing the wording of the law, to be based on proof, not simple accusations. As always though, nothing is certain for the 3.3 million kiwi’s (around 80% of the population) on the net, except they are considered less important than the greed of lobby groups.

Post from: TorrentFreak

Pirate Bay Tricks Anti-Pirates with Fake Peers

Wednesday, January 14th, 2009

The Pirate Bay has always made it clear that they don’t obey takedown requests from content owners. That doesn’t stop Hollywood from going after the Pirate Bay’s users, however, and they do so on a large scale. The Pirate Bay is well aware of these pirate tracking outfits, and does what it can to give them a hard time. Reporting fake peers is one of the tricks they use.

pirate bayMost often, companies such as BayTSP and MediaSentry are hired to connect to BitTorrent trackers, and send takedown notices to the users (via their ISP) who download movies, TV-shows or music albums of a company they represent. This is a fairly easy process, since BitTorrent is far from anonymous: Every user necessarily broadcasts his or her IP-address to other peers in the swarm.

Sometimes anti-piracy outfits use their own trackers to gather evidence. Last week we reported that The Pirate Bay started to actively remove these suspicious trackers from their torrents, with some help from torrenteditor.com. Running a tracker is not required though, to collect information from BitTorrent users. In fact, many attempt to use publicly available trackers such as The Pirate Bay to do so. However, the tracker owners are aware of this, and trick these tracking companies by polluting the list of IP-addresses the tracker returns. That is one of the techniques The Pirate Bay uses, just to show how flawed the evidence gathering is.

Polluting the evidence works like this. When a client asks for a list of peers who are downloading the same torrent, the tracker software automatically inserts several “random IP addresses” that are not in the swarm. They are based on existing sub-nets, but might be from people who may not even be aware that BitTorrent exists. This means that the evidence that’s being gathered by anti-piracy companies includes IPs that belong to people that were not downloading the movie or album they are accused of. Perfect deniability, as the people who coded the tracker software explain.

Of course, this doesn’t work when the pirate-tracking company requires itself to connect to the peer, before the IP-address is collected, since it is impossible to connect to a non-existing peer. A representative from BayTSP told TorrentFreak that they have such a requirement, but several others are less thorough, which makes their claims useless, and impossible to defend in court.

The best solution is of course to ban these anti-piracy companies from using the tracker in the first place. This is something The Pirate Bay is working on as well, and they have blocked many IP-ranges already, but it’s impossible to ban them all. Unlike most of the suits in Hollywood, the companies that go after illicit file-sharers are experts in their field, and know more about BitTorrent than many users. They try to circumvent blocklists such as PeerGuardian whenever possible, and change IPs when they are marked.

Pirate Bay co-founder TiAMO told TorrentFreak that he has several criteria on which he can pick out the suspicious users that might be collecting IP-addresses. He also said that he’s working on a automated warning system which will operate as a sniffer on a monitor port. That project is far from complete, but has the potential to detect suspicious behavior more easily.

Nevertheless, it is impossible (as the name might give away) to keep the prying eyes of Hollywood off public trackers. Even private trackers are far from secure, as most anti-piracy companies have accounts at the larger communities. The private in “private tracker” merely refers to the fact that you have to login, and has nothing to do with “security”. The Pirate Bay (and other tracker owners) take several measures to prevent their users from being tracked by anti-piracy outfits, but there’s only so much they can do.

Post from: TorrentFreak


Pirate Bay Celebrates Microsoft’s Global Anti-Piracy Day

Wednesday, January 14th, 2009

Today, Microsoft announced Global Anti-Piracy Day, to draw attention to the ever growing piracy problem. While Microsoft itself celebrates October 21st by launching anti-piracy enforcement actions in 49 countries, The Pirate Bay does so by linking to counterfeit Microsoft products on their frontpage – in every country in the world.

BillTPBTo celebrate Global Anti-Piracy Day, The Pirate Bay has decided to replace their well known logo with the mugshot of Microsoft co-founder Bill Gates. Below the mugshot it reads “Bill Gates made me do it,” referring to his ‘criminal’ history.

Although the company does send out DMCA takedown requests to BitTorrent site owners, Millions of Microsoft products are being pirated on BitTorrent and other filesharing networks every year.

Of course, Microsoft is doing all it can to prevent people from installing illegally obtained copies of their products, with their ‘Windows Genuine Advantage‘ system as the flagship solution. Similar to most other anti-piracy measures, it also hurts honest customers, as it has a false positive rate of more than 20%. The pirates will get what they want one way or another.

What Microsoft does not do, however, is sue individual downloaders. Unlike the RIAA they don’t think that the people who are potential customers are the right targets in their battle against piracy. Instead, they mostly target resellers who sell illicit copies of their products. “Legitimate businesses struggle to compete against these illegal resellers who undercut their prices and contribute to the 20 percent software piracy rate in the U.S.,” the company states.

The Pirate Bay has no commercial interests, but contrary to what Microsoft would have hoped for, they are not very responsive to letters from Microsoft either. In addition, we seriously doubt that ‘Global Anti-Piracy Day’ is the success they want it to be, now Bill Gates’ is on the frontpage of the largest BitTorrent tracker on the Internet.

Post from: TorrentFreak

Sweden to Introduce Controversial Anti-Piracy Law

Wednesday, January 14th, 2009

Sweden, home of The Pirate Bay and the most active pro-piracy lobbyists and politicians, is drafting a new law that would make it easier to go after individuals who share copyrighted files on filesharing networks such as BitTorrent. The new law, likely to be opposed by a large number of Swedes, will go into effect April 2009.

The law will make it easier for copyright holders to get a court order in order to force ISPs to release the customer info linked to a suspect IP-address. The Local reports that, although the law is based on a EU directive, the current draft goes further than that.

In order to obtain the personal details, copyright holders will have to prove that there is “probable cause” that a person, or rather an IP-address, has actually shared copyrighted material with others. With the current state of evidence gathering, where mistakes and false accusations are fairly common, this may not be that easy to achieve.

The many unsecured Wireless routers complicate the evidence gathering even further, and BitTorrent trackers have also implemented countermeasures of their own. Earlier this week we reported that the Pirate Bay tracker software automatically inserts several “random IP addresses” that are not actually downloading data. This is done on purpose, to pollute the evidence gathering of anti-piracy outfits.

The new law is also heavily opposed by Swedish Pirate Party Chairman Rick Falkvinge who told TorrentFreak: “These laws are written by digital illiterates who behave like blindfolded, drunken elephants trumpeting about in an egg packaging facility. They have no idea how much damage they’re causing, because they lack today’s literacy: an understanding of how the Internet is reshaping the power structures at their core.”

“We have good hope of putting an end to these ridiculous developments. Either the existing politicians start to understand what they’re actually doing at work all day, or they will escalate the conflict to the point where we’re replacing them in office. Either way, copyright will be scaled back,” Falkvinge added.

It is to be expected that opposition against the new anti-piracy law will be great, similar to the public outrage when Sweden introduced a wiretapping law earlier this year, and after the raid on The Pirate Bay in 2006. It wouldn’t surprise us if The Pirate Bay fights this battle at the front, clashing with local politicians and media once again.

‘Pirates’ demonstrating in Stockholm following the raid on The Pirate Bay raid in 2006

pirate bay demonstration

Post from: TorrentFreak

MediaDefender-Parent-Company-Facing-Liquidation

Tuesday, February 26th, 2008

After suffering humiliation at the hands of a hacker in 2007, the future of anti-piracy company MediaDefender is in serious doubt. Its parent company, ARTISTdirect, has called in a team of specialists to “assist in the exploration of strategic alternatives.” That’ll be alternatives to liquidation, then.

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