Court Orders Tickbox to Keep Pirate Streaming Addons Out

Kodi-powered set-top boxes are a great way to to stream video content to a TV, but sellers who ship these devices with unauthorized add-ons give them a bad reputation.

According to the Alliance for Creativity and Entertainment (ACE), an anti-piracy partnership comprised of Hollywood studios, Netflix, Amazon, and more than two dozen other companies, Tickbox TV is one of these bad actors.

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

According to ACE, these devices are nothing more than pirate tools, allowing buyers to stream copyright-infringing content and being advertised as such. The coalition, therefore, asked the court for an injunction to prevent Tickbox from facilitating copyright infringement by removing all pirate add-ons from previously sold devices.

This week US District Court Judge Michael Fitzgerald issued a preliminary injunction, which largely sides with the movie companies. According to the Judge, there is sufficient reason to believe that Tickbox can be held liable for inducing copyright infringement.

One of the claims is that Tickbox promoted its service for piracy purposes, and according to the Judge the movie companies provided enough evidence to make this likely. This includes various advertising messages the box seller used.

“There is ample evidence that, at least prior to Plaintiffs’commencement of this action, TickBox explicitly advertised the Device as a means to accessing unauthorized versions of copyrighted audiovisual content,” Judge Fitzgerald writes.

In its defense, Tickbox argued that it merely offered a computer which users can then configure to their liking. However, the Judge points out that the company went further, as it actively directed its users to install certain themes (builds) to watch movies, TV and sports.

“Thus, the fact that the Device is just a ‘computer’ that can be used for infringing and noninfringing purposes does not insulate TickBox from liability if [..] the Device is actually used for infringing purposes and TickBox encourages such use.”

Taking these and several other factors into account, the Court ruled that a preliminary injunction is warranted at this stage. After the lawsuit was filed, Tickbox already voluntarily removed much of the inducing advertisements and addons, and this will remain so.

The preliminary injunction compels TickBox to the current version of the user interface, without easy access to pirate add-ons. The devices should no longer contain links to any of the themes and addons that the movie companies have flagged as copyright infringing.

Tickbox had argued that a broad injunction could shut down its business, but the court counters this. Customers will still be able to use the box for legitimate purposes. If they are no longer interested it suggests that piracy was the main draw.

“[A]n injunction of this scope will not ‘shut down Defendant’s business’ as TickBox contends. In the event that such an injunction does shut TickBox down, that will be indicative not of an unjustifiably burdensome injunction, but of a nonviable business model,” Judge Fitzgerald writes.

The preliminary injunction is not final yet as there are several questions still unanswered.

It’s unclear, for example, if and how Tickbox should remove addons from previously sold devices. The Court, therefore, instructs both parties to attempt to reach agreement on these outstanding issues, to include them in an updated injunction.

The above findings are preliminary and apply specifically to the injunction request and the case itself will continue. However, the Court’s early opinion suggests that Tickbox has plenty of work ahead to prove its innocence.

—

A copy of the preliminary injunction is available here (pdf), and Judge Fitzgerald’s findings can be found here (pdf).

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Huge Rightsholder Coalition Calls on New EU Presidency to Remove Safe Harbors

While piracy of all kinds is often viewed as a threat to the creative industries, a new type of unauthorized content distribution has been gaining prominence over the past few years.

Sites like YouTube, that allow their users to upload all kinds of material – some of it infringing – are now seen as undermining a broad range of industries that rely on both video and audio to generate revenue.

The cries against such User Uploaded Content (UUC) sites are often led by the music industry, which complains that the safe harbor provisions of copyright law are being abused while UUC sites generate review from infringing content. In tandem, while that free content is made available, UUC sites have little or no incentive to pay for official content licenses, and certainly not at a rate considered fair by the industry.

This mismatch, between the price that content industries would like to achieve for licenses and what they actually achieve, is now known as the ‘Value Gap’.

Today, in advance of an EU meeting on the draft Copyright Directive, a huge coalition of rightsholder groups is calling on the new EU Presidency not to pass up an “unmissable opportunity” to find a solution to their problems.

In a letter addressed to the Presidency of the Council of the European Union, which Bulgaria officially took over January 1, 2018, an army of rightsholders lay out their demands.

“We represent musical, audio-visual, literary, visual authors; performers; book, press, musical, scientific, technical and medical publishers; recorded music, film and TV producers; football leagues; broadcasters; distributors and photo agencies. These are at the very heart of Europe’s creative sector,” the groups write.

“We have formed an alliance to campaign for a solution to a major problem which is holding back our sector and jeopardizing future sustainability – the Transfer of Value, otherwise known as the Value Gap.

“User uploaded content services have become vast distributors of our creative works e.g. film, music, photos, broadcasts, text and sport content – all while refusing to negotiate fair or any copyright licences with us as right holders.”

Value Gap Coalition

Featuring groups representing many thousands of rightsholders, the coalition is the broadest yet to call for action against the ‘Value Gap’. Or, to put it another way, to demand a change in the law to prevent sites like YouTube, Facebook and other hosting platforms from “hiding” behind provisions designed to protect them from the infringing activities of others.

“This problem is caused by a lack of clarity surrounding the application of copyright to certain online services and the abuse of European copyright ‘safe harbor’ rules in the e-Commerce Directive (2000/31/EC) by those services,” the coalition writes.

Referencing the EU Copyright Directive proposal tabled by the European Commission in September 2016, the coalition says that UUC services communicating content to the public should be compelled to obtain licenses for that content. If they play an “active role” through promotion or optimization of content, UUC platforms should be denied ‘safe harbors’ under copyright law, they argue.

Noting that there is “no solution” to the problem without the above fixes, the coalition cites last year’s ruling by the Court of Justice of the European Union which found that The Pirate Bay knowingly provide users with a platform to share copyright-infringing links.

“It is important to recall that the underlying policy objective of this legislation is to address the current unfairness in the online market due to the misapplication of copyright liability rules by UUC services. We would therefore like to stress that the focus should remain on finding effective solutions to tackle this issue.

“As an alliance, we look forward to working with your Presidency to achieve an effective solution to the Value Gap problem for the benefit of Europe,” the coalition concludes.

The letter, addressed to Prime Minister Borissov, Minister Pavlova and Minister Banov, arrives in the wake of an alert sounded by several Members of the European Parliament.

Earlier this month they warned that the EU’s proposed mandatory upload filters – which could see UUC sites pre-screen user-uploaded content for infringement – amount to “censorship machines” that will do more harm than good.

The full letter can be found here (pdf)

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T-Mobile Blocks Pirate Sites Then Reports Itself For Possible Net Neutrality Violation

For the past eight years, Austria has been struggling with the thorny issue of pirate site blocking. Local ISPs have put up quite a fight but site blocking is now a reality, albeit with a certain amount of confusion.

After a dizzying route through the legal system, last November the Supreme Court finally ruled that The Pirate Bay and other “structurally-infringing” sites including 1337x.to and isohunt.to can be blocked, if rightsholders have exhausted all other options.

The Court based its decision on the now-familiar BREIN v Filmspeler and BREIN v Ziggo and XS4All cases that received European Court of Justice rulings last year. However, there is now an additional complication, this time on the net neutrality front.

After being passed in October 2015 and coming into force in April 2016, the Telecom Single Market (TSM) Regulation established the principle of non-discriminatory traffic management in the EU. The regulation still allows for the blocking of copyright-infringing websites but only where supported by a clear administrative or judicial decision. This is where T-Mobile sees a problem.

In addition to blocking sites named specifically by the court, copyright holders also expect the ISP to block related platforms, such as clones and mirrors, that aren’t specified in the same manner.

So, last week, after blocking several obscure Pirate Bay clones such as proxydl.cf, the ISP reported itself to the Austrian Regulatory Authority for Broadcasting and Telecommunications (RTR) for a potential net neutrality breach.

“It sounds paradoxical, but this should finally bring legal certainty in a long-standing dispute over pirate sites. T-Mobile Austria has filed with regulatory authority RTR a kind of self-report, after blocking several sites on the basis of a warning by rights holders,” T-Mobile said in a statement.

“The background to the communication to the RTR, through which T-Mobile intends to obtain an assessment by the regulator, is a very unsatisfactory legal situation in which operators have no opportunity to behave in conformity with the law.

“The service provider is forced upon notification by the copyright owner to even judge about possible copyright infringements. At the same time, the provider is violating the principle of net neutrality by setting up a ban.”

T-Mobile says the problem is complicated by rightsholders who, after obtaining a blocking order forcing named ISPs to block named pirate sites (as required under EU law), send similar demands to other ISPs that were not party to court proceedings. The rightsholders also send blocking demands when blocked sites disappear and reappear under a new name, despite those new names not being part of the original order.

According to industry body Internet Service Providers Austria (ISPA), there is a real need for clarification. It’s hoped that T-Mobile reporting itself for a potential net neutrality breach will have the desired effect.

“For more than two years, we have been trying to find a solution with the involved interest groups and the responsible ministry, which on the one hand protects the rights of the artists and on the other hand does not force the providers into the role of a judge,” complains Maximilian Schubert, Secretary General of the ISPA.

“The willingness of the rights holders to compromise had remained within manageable limits. Now they are massively increasing the pressure and demanding costly measures, which the service providers see as punishment for them providing legal security for their customers for many years.”

ISPA hopes that the telecoms regulator will now help to clear up this uncertainty.

“We now hope that the regulator will give a clear answer here. Because from our point of view, the assessment of legality cannot and should not be outsourced to companies,” Schubert concludes.

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New Anti-Piracy Coalition Calls For Canadian Website Blocking

In recent years pirate sites have been blocked around the world, from Europe, through Asia, and even Down Under.

While many of the large corporations backing these blockades have their roots in North America, blocking efforts have been noticeably absent there. This should change, according to a new anti-piracy coalition that was launched in Canada this week.

Fairplay Canada, which consists of a broad range of organizations with ties to the entertainment industry, calls on the local telecom regulator CRTC to institute a national website blocking program.

The coalition’s members include Bell, Cineplex, Directors Guild of Canada, Maple Leaf Sports and Entertainment, Movie Theatre Association of Canada, and Rogers Media, which all share the goal of addressing the country’s rampant piracy problem.

The Canadian blocklist should be maintained by a yet to be established non-profit organization called “Independent Piracy Review Agency” (IPRA) and both IPRA and the CRTC would be overseen by the Federal Court of Appeal, the organizations propose.

“What we are proposing has been effective in countries like the UK, France, and Australia,” says Dr. Shan Chandrasekar, President and CEO of Asian Television Network International Limited (ATN), who is filing Fairplay Canada’s application.

“We are ardent supporters of this incredible coalition that has been formed to propose a new tool to empower the CRTC to address online piracy in Canada. We have great faith in Canadian regulators to modernize the tools available to help creators protect the content they make for Canadians’ enjoyment.”

The proposal is unique in the sense that it’s the first of its kind in North America and also has support from major players in the Telco industry. Since most large ISPs also have ties to media companies of their own, the latter is less surprising as it may seem at first glance.

Bell, for example, is not only the largest Internet provider in Canada but also owns the television broadcasting and production company Bell Media, which applauds the new plan.

“Bell is pleased to work with our partners across the industry and the CRTC on this important step in ensuring the long-term viability of the Canadian creative sector,” says Randy Lennox, President of Bell Media.

“Digital rights holders need up-to-date tools to combat piracy where it’s happening, on the Internet, and the process proposed by the coalition will provide just that, fairly, openly and effectively,” he adds.

Thus far the Government’s response to the plan has been rather reserved. When an early version of the plans leaked last month, Canadaland quoted a spokesperson who said that the Government is committed to opening doors instead of building walls.

Digital rights group OpenMedia goes a step further and brands the proposal a censorship plan which will violate net neutrality and limit people’s right to freedom of expression.

“Everybody agrees that content creators deserved to be paid for their work. But the proposal from this censorship coalition goes too far,” Executive Director Laura Tribe says.

“FairPlay Canada’s proposal is like using a machine gun to kill a mosquito. It will undoubtedly lead to legitimate content and speech being censored online violating our right to free expression and the principles of net neutrality, which the federal government has consistently pledged support for.”

While CTRC is reviewing FairPlay Canada’s plans, OpenMedia has launched a petition to stop the effort in its tracks, which has been signed by more than 45,000 Canadians to date.

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Udemy Targets ‘Pirate’ Site Giving Away its Paid Courses For Free

While there’s no shortage of people who advocate free sharing of movies and music, passions are often raised when it comes to the availability of educational information.

Significant numbers of people believe that learning should be open to all and that texts and associated materials shouldn’t be locked away by copyright holders trying to monetize knowledge. Of course, people who make a living creating learning materials see the position rather differently.

A clash of these ideals is brewing in the United States where online learning platform Udemy has been trying to have some of its courses taken down from FreeTutorials.us, a site that makes available premium tutorials and other learning materials for free.

Early December 2017, counsel acting for Udemy and a number of its individual and corporate instructors (Maximilian Schwarzmüller, Academind GmbH, Peter Dalmaris, Futureshock Enterprises, Jose Marcial Portilla, and Pierian Data) wrote to FreeTutorials.us with DMCA takedown notice.

“Pursuant to 17 U.S.C. § 512(c)(3)(A) of the Digital Millennium Copyright Act (‘DMCA’), this communication serves as a notice of infringement and request for removal of certain web content available on freetutorials.us,” the letter reads.

“I hereby request that you remove or disable access to the material listed in Exhibit A in as expedient a fashion as possible. This communication does not constitute a waiver of any right to recover damages incurred by virtue of any such unauthorized activities, and such rights as well as claims for other relief are expressly retained.”

A small sample of Exhibit A

On January 10, 2018, the same law firm wrote to Cloudflare, which provides services to FreeTutorials. The DMCA notice asked Cloudflare to disable access to the same set of infringing content listed above.

It seems likely that whatever happened next wasn’t to Udemy’s satisfaction. On January 16, an attorney from the same law firm filed a DMCA subpoena at a district court in California. A DMCA subpoena can enable a copyright holder to obtain the identity of an alleged infringer without having to file a lawsuit and without needing a signature from a judge.

The subpoena was directed at Cloudflare, which provides services to FreeTutorials. The company was ordered to hand over “all identifying information identifying the owner, operator and/or contact person(s) associated with the domain www.freetutorials.us, including but not limited to name(s), address(es), telephone number(s), email address(es), Internet protocol connection records, administrative records and billing records from the time the account was established to the present.”

On January 26, the date by which Cloudflare was ordered to hand over the information, Cloudflare wrote to FreeTutorials with a somewhat late-in-the-day notification.

“We received the attached subpoena regarding freetutorials.us, a domain managed through your Cloudflare account. The subpoena requires us to provide information in our systems related to this website,” the company wrote.

“We have determined that this is a valid subpoena, and we are required to provide the requested information. In accordance with our Privacy Policy, we are informing you before we provide any of the requested subscriber information. We plan to turn over documents in response to the subpoena on January 26th, 2018, unless you intervene in the case.”

With that deadline passing last Friday, it’s safe to say that Cloudflare has complied with the subpoena as the law requires. However, TorrentFreak spoke with FreeTutorials who told us that the company doesn’t hold anything useful on them.

“No, they have nothing,” the team explained.

Noting that they’ll soon dispense with the services of Cloudflare, the team confirmed that they had received emails from Udemy and its instructors but hadn’t done a lot in response.

“How about a ‘NO’? was our answer to all the DMCA takedown requests from Udemy and its Instructors,” they added.

FreeTutorials (FTU) are affiliated with FreeCoursesOnline (FCO) and seem passionate about what they do. In common with others who distribute learning materials online, they express a belief in free education for all, irrespective of financial resources.

“We, FTU and FCO, are a group of seven members assorted as a team from different countries and cities. We are JN, SRZ aka SunRiseZone, Letap, Lihua Google Drive, Kaya, Zinnia, Faiz MeemBazooka,” a spokesperson revealed.

“We’re all members and colleagues and we also have our own daily work and business stuff to do. We have been through that phase of life when we didn’t have enough money to buy books and get tuition or even apply for a good course that we always wanted to have, so FTU & FCO are just our vision to provide Free Education For Everyone.

“We would love to change our priorities towards our current and future projects, only if we manage to get some faithful FTU’ers to join in and help us to grow together and make FTU a place it should be.”

TorrentFreak requested comment from Udemy but at the time of publication, we were yet to hear back. However, we did manage to get in touch with Jonathan Levi, an Udemy instructor who sent this takedown notice to the site in October 2017:

“I’m writing to you on behalf of SuperHuman Enterprises, LLC. You are in violation of our copyright, using our images, and linking to pirated copies of our courses. Remove them IMMEDIATELY or face severe legal action….You have 48 hours to comply,” he wrote, adding:

“And in case you’re going to say I don’t have evidence that I own the files, it’s my fucking face in the videos.”

Levi says that the site had been non-responsive so now things are being taken to the next level.

“They don’t reply to takedowns, so we’ve joined a class action lawsuit against FTU lead by Udemy and a law firm specializing in this type of thing,” Levi concludes.

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Researchers Use a Blockchain to Boost Anonymous Torrent Sharing

The Tribler client has been around for over a decade. We first covered it in 2006 and since then it’s developed into a truly decentralized BitTorrent client.

Even if all torrent sites were shut down today, Tribler users would still be able to find and add new content.

The project is not run by regular software developers but by a team of quality researchers at Delft University of Technology. There are currently more than 45 masters students, various thesis students, five dedicated scientific developers, and several professors involved.

Simply put, Triber aims to make the torrent ecosystem truly decentralized and anonymous. A social network of peers that can survive even if all torrent sites ceased to exist.

“Search and download torrents with less worries or censorship,” Triber’s tagline reads.

Like many other BitTorrent clients, Tribler has a search box at the top of the application. However, the search results that appear when users type in a keyword don’t come from a central index. Instead, they come directly from other peers.

Thriber’s search results

With the latest release, Tribler 7.0, the project adds another element to the mix, it’s very own blockchain. This blockchain keeps track of how much people are sharing and rewards them accordingly.

“Tribler is a torrent client for social people, who help each other. You can now earn tokens by helping others. It is specifically designed to prevent freeriding and detect hit-and-run peers.” Tribler leader Dr. Johan Pouwelse tells TF.

“You help other Tribler users by seeding and by enhancing their privacy. In return, you get faster downloads, as your tokens show you contribute to the community.”

Pouwelse, who aims to transform BitTorrent into an ethical Darknet, just presented the latest release at Stanford University. In addition, the Internet Engineering Task Force is also considering the blockchain implementation as an official Internet standard.

This recognition from academics and technology experts is welcome, of course, but Triber’s true power comes from the users. The client has gathered a decent userbase of the years but there sure is plenty room for improvement on this front.

The anonymity aspect is perhaps one of the biggest selling points and Pouwelse believes that this will greatly benefit from the blockchain implementation.

Triber provides users with pseudo anonymity by routing the transfers through other users. However, this means that the amount of bandwith used by the application inceases as well. Thus far, this hasn’t worked very well, which resulted in slow anonymous downloads.

“With the integrated blockchain release today we think we can start fixing the problem of both underseeded swarms and fast proxies,” Dr. Pouwelse says.

“Our solution is basically very simple, only social people get decent performance on Tribler. This means in a few years we will end up with only users that act nice. Others leave.”

Tribler’s trust stats

Tribler provides users with quite a bit of flexibility on the anonymity site. The feature can be turned off completely, or people can choose a protection layer ranging from one to four hops.

What’s also important to note is that users don’t operate as exit nodes by default. The IP-addresses of the exit nodes are public ouitside the network and can be monitored, so that would only increase liability.

So who are the exit-nodes in this process then? According to Pouwelse’s rather colorful description, these appear to be volunteers that run their code through a VPN a or a VPS server.

“The past years we have created an army of bots we call ‘Self-replicating Autonomous Entities’. These are Terminator-style self-replicating pieces of code which have their own Bitcoin wallet to go out there and buy servers to run more copies of themselves,” he explains.

“They utilize very primitive genetic evolution to improve survival, buy a VPN for protection, earn credits using our experimental credit mining preview release, and sell our bandwidth tokens on our integrated decentral market for cold hard Bitcoin cash to renew the cycle of life for the next month billing cycle of their VPS provider.”

Some might question why there’s such a massive research project dedicated to building an anonymous BitTorrent network. What are the benefits to society?

The answer is clear, according to Pouwelse. The ethical darknet they envision will be a unique micro-economy where sharing is rewarded, without having to expose one’s identity.

“We are building the Internet of Trust. The Internet can do amazing things, it even created honesty among drugs dealers,” he says, referring to the infamous Silk Road.

“Reliability rating of drugs lords gets you life imprisonment. That’s not something we want. We are creating our own trustworthy micro-economy for bandwidth tokens and real Bitcoins,” he adds.

People who are interested in taking Tribler for a spin can download the latest version from the official website.

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Top 10 Most Pirated Movies of The Week on BitTorrent – 01/29/18

This week we have three newcomers in our chart.

Thor Ragnarok 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	(2)	Thor Ragnarok	8.1 / trailer
2	(1)	The Shape of Water (DVDScr)	8.0 / trailer
3	(3)	Jumanji: Welcome to the Jungle (HDTS)	7.3 / trailer
4	(…)	Bright	6.5 / trailer
5	(4)	Blade Runner 2049	8.9 / trailer
6	(…)	Murder on the Orient Express (Subbed HDrip)	6.7 / trailer
7	(…)	Downsizing (Subbed HDrip)	5.8 / trailer
8	(5)	Geostorm	5.4 / trailer
9	(8)	Justice League (Subbed HDRip)	7.1 / trailer
10	(7)	Coco (DVDscr)	8.9 / trailer

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Home media streaming – Quick Start guide

There is no better way to enjoy and access your media than a home server. The time has come to piece together a streaming media setup. htpcBeginner has a quick-start guide to There’s good news home server’s are in a Renaissance. Get a do-it-yourself (DIY) home media server ready right now. What is a Home Server? A […]

Home media streaming – Quick Start guide is a post from htpcBeginner.

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Piracy Can Help Music Sales of Many Artists, Research Shows

The debate over whether online piracy helps or hurts music sales has been dragging on for several decades now.

The issue has been researched extensively with both positive and negative effects being reported, often varying based on the type of artist, music genre and media, among other variables.

One of the more extensive studies was published this month in the peer-reviewed Information Economics and Policy journal, by Queen’s University economics researcher Jonathan Lee.

In a paper titled ‘Purchase, pirate, publicize: Private-network music sharing and market album sales’ he examined the effect of BitTorrent-based piracy on both digital and physical music sales.

We covered an earlier version of the study two years ago when it was still a work in progress. With updates to the research methods and a data sample, the results are now more clear.

The file-sharing data was obtained from an unnamed private BitTorrent tracker and covers a data set of 250,000 albums and more than five million downloads. These were matched to US sales data for thousands of albums provided by Nielsen SoundScan.

By refining the estimation approach and updating the matching technique, the final version of the paper shows some interesting results.

Based on the torrent tracker data, Lee finds that piracy can boost sales of mid-tier artists, both for physical CDs and digital downloads. For the most popular artists, this effect is reversed. In both cases, the impact is the largest for digital sales.

“I now find that top artists are harmed and mid-tier artists may be helped in both markets, but that these effects are larger for digital sales,” Lee tells TorrentFreak. “This is consistent with the idea that people are more willing to switch between digital piracy and digital sales than between digital piracy and physical CDs.”

The findings lead to the conclusion that there is no ideal ‘one-size-fits-all’ response to piracy. In fact, some unauthorized sharing may be a good thing.

This is in line with observations from musicians themselves over the past years. Several top artists have admitted the positive effects of piracy, including Ed Sheeran, who recently said that he owes his career to it.

“I know that’s a bad thing to say, because I’m part of a music industry that doesn’t like illegal file sharing,” Sheeran said in an interview with CBS. “Illegal file sharing was what made me. It was students in England going to university, sharing my songs with each other.”

Sheeran sharing on TPB

Today, Sheeran is in a totally different position of course. As one of the top artists, he would now be hurt by piracy. However, the new stars of tomorrow may still reap the benefits.

According to the researcher, the music industry should realize that shutting down pirate sites may not always be the best option. On the contrary, file-sharing sites may be useful as promotional platforms in some cases.

“Following above, a policy of total shutdown of private file sharing networks seems excessively costly (compared with their relatively small impact on sales) and unwise (as a one-size-fits-all policy). It would be better to make legal consumption more convenient, reducing the demand for piracy as an alternative to purchasing,” Lee tells us.

“It would also be smart to experiment with releasing music onto piracy networks themselves, especially for up-and-coming artists, similar to the free promotion afforded by commercial radio.”

The researcher makes another interesting extrapolation from the findings. In recent years, some labels and artists have signed exclusive deals with some streaming platforms. This means that content is not available everywhere, and this fragmentation may make piracy look more appealing.

“Here you can view piracy as a non-fragmented alternative platform to Spotify et al. Thus consumers will have a strong incentive to use a single non-fragmented platform (piracy) over having multiple subscriptions to fragmented platforms,” Lee says.

It would be better for the labels to publish their music on all platforms, and to make these more appealing and convenient than the pirate alternative.

The data used for the research was collected several years ago before the big streaming boom, so it might be that the results are different today. However, it is clear that the effect of piracy on sales is not as uniform as the music industry often portrays it.

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Arrr: Top Tips to Spot The Differences Between Pirate and Legal Sites

Tor Exit Node Operator Denies Piracy Allegations and Hits Back

The copyright holders of Dallas Buyers Club have sued thousands of BitTorrent users over the past few years.

The film company first obtains the identity of the Internet account holder believed to have pirated the movie, after which most cases are settled behind closed doors.

It doesn’t always go this easily though. A lawsuit in an Oregon federal court has been ongoing for nearly three years but in this case the defendant was running a Tor exit node, which complicates matters.

Tor is an anonymity tool and operating a relay or exit point basically means that the traffic of hundreds or thousands of users hit the Internet from your IP-address. When pirates use Tor, it will then appear as if the traffic comes from this connection.

The defendant in this lawsuit, John Huszar, has repeatedly denied that he personally downloaded a pirated copy of the film. However, he is now facing substantial damages because he failed to respond to a request for admissions, which stated that he distributed the film.

Not responding to such an admission means that the court can assume the statement is true.

“An admission, even an admission deemed admitted because of a failure to respond, is binding on the party at trial,” Dallas Buyers Club noted in a recent filing, demanding a summary judgment.

The unanswered admissions

Huszar was represented by various attorneys over the course of the lawsuit, but when the admissions were “deemed admitted” he was unrepresented and in poor health.

According to his lawyer, Ballas Buyers Club is using this to obtain a ruling in its favor. The film company argues that the Tor exit node operator admitted willful infringement, which could cost him up to $150,000 in damages.

The admissions present a serious problem. However, even if they’re taken as truth, they are not solid proof, according to the defense. For example, the portion of the film could have just been a trailer.

In addition, the defense responds with several damaging accusations of its own.

According to Huszar’s lawyer, it is unclear whether Dallas Buyers Club LLC has the proper copyrights to sue his client. In previous court cases in Australia and Texas, this ownership was put in doubt.

“In the case at bar, because of facts established in other courts, there is a genuine issue as to whether or not DBC owns the right to sue for copyright infringement,” the defense writes.

As licensing constructions can be quite complex, this isn’t unthinkable. Just last week another U.S. District Court judge told the self-proclaimed owners of the movie Fathers & Daughters that they didn’t have the proper rights to take an alleged pirate to trial.

Another issue highlighted by the defense is the reliability of witnesses Daniel Macek and Ben Perino. Both men are connected to the BitTorrent tracking outfit MaverickEye, and are not without controversy, as reported previously.

“[B]oth parties have previously been found to lack the qualifications, experience, education, and licenses to offer such forensic or expert testimony,” the defense writes, citing a recent case.

Finally, the defense also highlights that given the fact that Huszar operated a Tor exit-node, anyone could have downloaded the film.

The defense, therefore, asks the court to deny Dallas Buyers Club’s motion for summary judgment, or at least allow the defendant to conduct additional discovery to get to the bottom of the copyright ownership issue.

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Attention to Addon Developers: Migration to Python 3!

Currently, Kodi includes the Python 2.7 interpreter to run addons written in Python programming language. However, Python 3 was released almost 10 years ago and the matter of implementing the Python 3 interpreter in Kodi has been brought up on the Kodi forum several times. Now, thanks to a successful GSOC 2017 project, we have a working Python 3.6 interpreter for Kodi, and on the latest DevCon 2017 in Prague Team Kodi decided that it’s time to move on and migrate Python addon subsystem to Python 3.

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Addon

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Thor:Ragnarok Director Says He “Illegally Torrented” Clips for the Showreel

It’s not often that movies escape being pirated online but last weekend was a pretty miserable one for the people behind Thor:Ragnarok.

Just four months after the superhero movie’s theatrical debut, the Marvel hit was due to be released on disc February 26th, with digital distribution on iTunes planned for February 19th.

However, due to what appeared to be some kind of pre-order blunder, the $180 million movie was leaked online, resulting in a pirate frenzy that’s still ongoing.

But with the accidental early release of Thor:Ragnarok making waves within the torrent system and beyond, it seems ironic that its talented director actually has another relationship with piracy that most people aren’t aware of.

In an interview for ‘Q’, a show broadcast on Canada’s CBC radio, Taika Waititi noted that Thor: Ragnarok might be a “career ender” for him, something that was previously highlighted in the media.

However, the softly-spoken New Zealander also said some other things that flew completely under the radar but given recent developments, now have new significance.

Speaking with broadcaster Tom Power, Waititi revealed that when putting together his promotional showreel for Thor: Ragnarok, he obtained its source material from illegal sources.

Explaining the process used to acquire clips to create his ‘sizzle reel’ (a short video highlighting a director’s vision and tone for a proposed movie), Waititi revealed his less-than-official approach.

“I cut together little clips and shots – I basically illegally torrented and, erm, you know, ripped clips from the Internet,” Waititi said.

“Of a bunch of different things?” Power asked.

“I don’t mind saying that…erm…on the radio,” Waititi added, unconvincingly.

With Power quickly assuring the director that admitting doing something illegal was OK on air, Waititi perhaps realized it probably wasn’t.

“You can cut that out,” he suggested.

That Waititi took the ‘pirate’ approach to obtaining source material for his ‘sizzle reel’ isn’t really a surprise. Content is freely accessible online, crucially in easier to consume and edit formats than even Waititi has access to on short notice. And, since every film in memory is just a few clicks away, it’d be counter-intuitive not to use the resource in the name of creativity.

Overall then, it’s extremely unlikely that Waititi’s pirate confession will come to much. Two of his previous feature films, ‘Boy’ and ‘Hunt For The Wilderpeople’, held titles for the highest-grossing New Zealand film, the latter achieving the accolade in 2017.

Also in 2017, Waititi was named New Zealander of the Year in recognition of his “outstanding contribution to the well being of the nation.” Praise doesn’t come much higher than that.

How many torrent swarms he helped to keep healthy is destined remain a secret forever though, but as an emerging movie hero in his own right, people will forgive him that.

H/T Trioval

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