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Piracy

Sony Wins Pirate Site Blocking Order Against DNS-Resolver Quad9 (torrentfreak.com) 65

Sony Music has obtained an injunction that requires the freely available DNS-resolver Quad9 to block a popular pirate site. The order, issued by the District Court in Hamburg, Germany, is the first of its kind. The Quad9 foundation has already announced that it will protest the judgment, which could have far-reaching consequences. TorrentFreak reports: The Hamburg court found that the DNS service is not eligible for the liability protections that other third-party intermediaries such as ISPs and domain registrars typically enjoy. And if Quad9 fails to comply with the injunction, it will have to pay a fine of 250,000 euros per 'infringing' DNS query plus potentially two years in prison. One of the arguments that Sony brought up in court was that Quad9 already blocks various problematic sites voluntarily. In fact, the DNS-resolver promotes threat blocking as a feature. "Quad9 blocks against known malicious domains, preventing your computers and IoT devices from connecting to malware or phishing sites," the company's website reads.

Bill Woodcock, chairman of the Quad9 foundation, doesn't believe that the company's malware and phishing filters, which help to protect users, are on par with blocking a pirate site. He informed the German news site Heise that Quad9 will appeal to the injunction. Speaking with TorrentFreak, Quad9's General Manager, John Todd, says that the company is still reviewing the order, which it received last Friday. The non-profit foundation doesn't believe its resources should be used to benefit for-profit companies such as Sony.

Youtube

Why the Music Industry Doesn't Hate YouTube Any More (nytimes.com) 44

Today is Record Store Day, an annual event celebrating the culture of independently-owned record stores. And music industry players have said they actually got more money from the sale of vinyl records than they do from YouTube.

But is that changing? The New York Times reports those figures are from a time when YouTube was only selling ads on (or beside) music videos and then sharing that cash with the record labels and performs: Fast forward to last week, when YouTube disclosed that it paid music companies, musicians and songwriters more than $4 billion in the prior year. That came from advertising money and something that the industry has wanted forever and is now getting — a cut of YouTube's surprisingly large subscription business. (YouTube subscriptions include an ad-free version of the site and a Spotify-like service to watch music videos without any ads.) The significance of YouTube's dollar figure is that it's not far from the $5 billion that the streaming king Spotify pays to music industry participants from a portion of its subscriptions. (A reminder: The industry mostly loves Spotify's money, but some musicians ïsay that they're shortchanged by the payouts.)

Subscriptions will always be a hobby for YouTube, but the numbers show that even a side gig for the company can be huge. And it has bought peace by raining some of those riches on those behind the music. Record labels and other industry powers "still don't looooove YouTube," Lucas Shaw, a Bloomberg News reporter, wrote this week. "But they don't hate it anymore."

The YouTube turnabout may also show that complaining works. The music industry has a fairly successful track record of picking a public enemy No. 1 — Pandora for awhile, Spotify, YouTube, and more recently apps like TikTok and Twitch — and publicly browbeating it or playing one rich company against another to get more money or something else they wanted.

While the article cites concerns that YouTube is still paying too little (and failing to stop piracy), "just maybe, YouTube has shown that it's possible for digital companies to both upend an industry and make it stronger."
Piracy

ROM Site Owner Made $30,000 a Year -- Now Owes Nintendo $2.1 Million (arstechnica.com) 65

An anonymous reader quotes Ars Technica: The now-unemployed owner of a shuttered ROM distribution site has been ordered to pay $2.1 million in damages to Nintendo after trying and failing to defend himself in the case.

In September 2019, Nintendo filed a lawsuit against Los Angeles resident Matthew Storman over his operation of RomUniverse.com, which offered prominent downloads of "Nintendo Switch Scene Roms" and other copyrighted game files. At the time, Nintendo said that the site had been "among the most visited and notorious online hubs for pirated Nintendo video games" for "over a decade." Storman has admitted that, in 2019, the site made up the bulk of his $30,000 to $36,000 a year in income. This included direct revenue from the sale of "premium unlimited accounts" for $30 per year that provided users with faster downloads and no limits.

By the time Storman signed a September 2020 agreement with Nintendo to shut the site down, he said he was deriving $800 a month from the site. According to court documents, Storman's income is now derived primarily from "unemployment and food stamps."

In a motion for dismissal, Storman invoked the "safe harbor" protections of the Digital Millennium Copyright Act (DMCA), arguing that he was just a neutral service provider for users sharing files. He also pointed out that he had agreed to Nintendo's DMCA takedown requests in the past. During a deposition, though, Nintendo got Storman to admit that he had uploaded Nintendo's copyrighted ROM files himself, obliterating any attempts at a "safe harbor" claim...

While Nintendo originally claimed that RomUniverse was responsible for "hundreds of thousands" of copyrighted downloads, that number was lowered to 50,000 based on evidence gleaned from screenshots of the site. Nintendo argued that each download cost it between $20 and $60 (the average cost of new games it sells) and that it had therefore lost between $1 and $3 million in revenue.

NASA

Webb Telescope Launch Date Slips Again (arstechnica.com) 80

The James Webb Space Telescope, the largest science observatory to ever be placed into space, won't launch as scheduled on Halloween this year due to a "combination of different factors." The new launch date is expected to be pushed into November or possibly early December. Ars Technica reports: During a press briefing with reporters on Tuesday, the telescope's director for launch services, Beatriz Romero, said that there are a "combination of different factors" to consider when setting a new launch date. These factors include shipment of the telescope, the readiness of the Ariane 5 rocket, and the readiness of the spaceport in South America as well. Romero said she did not expect to identify a new launch date until later this summer or early fall.

NASA plans to ship the telescope to the launch site by boat late this summer. (NASA is keeping precise plans vague due to concerns about piracy at sea. Seriously.) The space agency's chief of science, Thomas Zurbuchen, said Tuesday that "we don't have a lot of reserve" left in the schedule to prepare for shipment. However, he added that NASA and Webb's primary contractor, Northrop Grumman, are close to folding up the telescope and putting it into a shipping container. He said that this should happen toward the "end of August." The launch campaign, which begins when the telescope arrives in French Guiana, requires 55 days. Asked whether this means that Webb will not launch until mid-November at the earliest, Zurbuchen said this assessment was correct.

The rocket is also not ready. The Ariane 5 booster, a venerable rocket in service for more than 25 years, has been grounded since August 2020 due to a payload fairing issue. However, officials with Arianespace, which manages launch for the Ariane 5, said the fairing issue's cause has been diagnosed and addressed with a redesign. Two Ariane 5 launches are scheduled before Webb's launch to ensure that the fairing issue has been fixed. (Those launches are scheduled for July and August, but delays are possible.) Finally, there are concerns about the spaceport itself, where operations have been limited by COVID-19. Vaccines are not yet widely available in French Guiana, and officials have said that if virus activity worsens, it could further slow operations.

Piracy

ROM Site Owner Made $30,000 a Year -- Now Owes Nintendo $2.1 Million (arstechnica.com) 132

An anonymous reader quotes a report from Ars Technica: The now-unemployed owner of a shuttered ROM distribution site has been ordered to pay $2.1 million in damages to Nintendo after trying and failing to defend himself in the case. In September 2019, Nintendo filed a lawsuit against Los Angeles resident Matthew Storman over his operation of RomUniverse.com, which offered prominent downloads of "Nintendo Switch Scene Roms" and other copyrighted game files. At the time, Nintendo said that the site had been "among the most visited and notorious online hubs for pirated Nintendo video games" for "over a decade."
[...]
In providing summary judgment for Nintendo (as noted by Torrent Freak), the judge suggested that this was a clear case of infringement, one in which "there is no genuine issue of material fact that Plaintiff owns the copyrighted works and Defendant copied the works." While Nintendo sought $4.41 million in copyright damages -- or $90,000 each for 49 games -- the judge lowered the amount to $1.715 million ($35,000 per work). That amount should be sufficient to "compensate Plaintiff for its lost revenue and deter Defendant who is currently unemployed and has already shut down the website," the judge wrote. The judge also awarded an additional $400,000 for RomUniverse's use of Nintendo's trademarked box art, down from a massive $11.2 million ask. But Storman avoided a permanent injunction on "future infringement," with the judge suggesting that there was no "irreparable harm" given the monetary damages and the fact that the site had already been shuttered.
Storman invoked the "safe harbor" protections of the Digital Millennium Copyright Act (DMCA), but Nintendo got him to admit that he had uploaded Nintendo's copyrighted ROM files himself. "Another attempted Storman defense based on the 'first sale doctrine' also failed to go anywhere, since the site was distributing copies rather than Storman's personal property," adds Ars.
Piracy

Cox Appeals $1 Billion Piracy Liability Verdict To 'Save the Internet' (torrentfreak.com) 51

Late 2019, Internet provider Cox Communications lost its legal battle against a group of major record labels. Now it's appealing it. From a report: Following a two-week trial, a Virginia jury held Cox liable for its pirating subscribers. The ISP failed to disconnect repeat infringers and was ordered to pay $1 billion in damages. Heavily disappointed by the decision, Cox later asked the court to set the jury verdict aside and decide the issue directly. In addition, the company argued that the "shockingly excessive" damages should be lowered. Both requests were denied by the court, which upheld the original damages award.

Despite the setbacks, Cox isn't giving up. The company believes that the district court's ruling isn't just a disaster for Internet providers. If it stands, the verdict will have dramatic consequences for the general public as well. This week the ISP submitted its opening brief at the Court of Appeals for the Fourth Circuit, hoping to reverse the lower court's judgment. The filing begins by placing the lawsuit in a historical context. "The music industry is waging war on the internet," Cox's lawyers write. First, the music companies went after thousands of file-sharers and software companies such as Napster. When those tactics didn't deliver the desired result, Internet providers became a target.

Ubuntu

Comcast Subscriber Receives DMCA Notice For Downloading Ubuntu (torrentfreak.com) 130

An anonymous reader quotes a report from TorrentFreak: Every day, people who download and share pirated content receive DMCA notices via their ISPs, warning them to cease and desist their infringing behavior. While the majority of these notices are accurate, one Ubuntu user says he has just been targeted by an anti-piracy company alleging that by torrenting an OS ISO released by Ubuntu itself, he breached copyright law. Posting to Reddit's /r/linux sub-Reddit, a forum with more than 656K subscribers, 'NateNate60' reported the unthinkable. After downloading an official Ubuntu ISO package (filename ubuntu-20.04.2.0-desktop-amd64.iso) he says he received a notice from Comcast's Infinity claiming that he'd been reported for copyright infringement.

"We have received a notification by a copyright owner, or its authorized agent, reporting an alleged infringement of one or more copyrighted works made on or over your Xfinity Internet service," the posted notice reads. NateNate60 wisely redacted the notice to remove the 'Incident Number' and the precise time of the alleged infringement to protect his privacy but the clam was reported filed with Comcast on May 24, 2021. "The copyright owner has identified the IP address associated with your Xfinity Internet account at the time as the source of the infringing works," it continues, adding that NateNate60 should search all of his devices connected to his network and delete the files mentioned in the complaint.

The allegedly infringing content is the 64-bit Ubuntu 20.04.2.0 LTS release but the first big question is whether the file is actually the official release from Canonical. Given that the listed hash value is 4ba4fbf7231a3a660e86892707d25c135533a16a and that matches the hash of the official release, mislabeled or misidentified content (wrong hash, mislabeled file etc) appears to be ruled out. Indeed, the same hash value is listed on Ubuntu's very own BitTorrent tracker and according to NateNate60, this is where he downloaded the torrent that led to the DMCA notice. It doesn't get much more official than that. According to the DMCA notice sent by Comcast, the complainant wasn't Ubuntu/Canonical but an anti-piracy company called OpSec Security, which according to its imprint is based in Germany. Presuming the notice is genuine (albeit sent in error), Comcast needs to be informed that mistakes have been made. The ISP has a repeat infringer policy and given the current hostile environment, terminating users is certainly on the agenda. Indeed, the notice states just that.

Open Source

Redditors Aim to 'Free Science' From For-Profit Publishers (interestingengineering.com) 63

A group of Redditors came together in a bid to archive over 85 million scientific papers from the website Sci-Hub and make an open-source library that cannot be taken down. Interesting Engineering reports: Over the last decade or so, Sci-Hub, often referred to as "The Pirate Bay of Science," has been giving free access to a huge database of scientific papers that would otherwise be locked behind a paywall. Unsurprisingly, the website has been the target of multiple lawsuits, as well as an investigation from the United States Department of Justice. The site's Twitter account was also recently suspended under Twitter's counterfeit policy, and its founder, Alexandra Elbakyan, reported that the FBI gained access to her Apple accounts.

Now, Redditors from a subreddit called DataHoarder, which is aimed at archiving knowledge in the digital space, have come together to try to save the numerous papers available on the website. In a post on May 13, the moderators of r/DataHoarder, stated that "it's time we sent Elsevier and the USDOJ a clearer message about the fate of Sci-Hub and open science. We are the library, we do not get silenced, we do not shut down our computers, and we are many." This will be no easy task. Sci-Hub is home to over 85 million papers, totaling a staggering 77TB of data. The group of Redditors is currently recruiting for its archiving efforts and its stated goal is to have approximately 8,500 individuals torrenting the papers in order to download the entire library. Once that task is complete, the Redditors aim to release all of the downloaded data via a new "uncensorable" open-source website.

Piracy

German 'Upload Filter' Law Sets Standards To Prevent Overblocking 31

AmiMoJo writes: The German Parliament has adopted new legislation that will implement the EU Copyright Directive into local law. This includes the controversial Article 17 that, according to some, would lead to overbroad upload filters. To deal with these concerns, the German law prevents 'minor' and limited use of copyrighted content from being blocked automatically. These 'presumably authorized' uploads should not be blocked automatically if they qualify for all of the selection criteria below:

1. The upload should use less than 50% of the original copyrighted work
2. The upload must use the copyrighted work in combination with other content
3. The use should be 'minor'

The term 'minor' applies to non-commercial uses of fewer than 15 seconds of video or audio, 160 characters of text, or 125 kB of graphics. If the use of a copyrighted work exceeds these 'minor' thresholds, it can still qualify as 'presumably authorized' when the uploader flags it as an exception.
Piracy

FBI Has Gained Access To Sci-Hub Founder's Apple Account, Email Claims (torrentfreak.com) 36

Sci-Hub founder Alexandra Elbakyan reports that she has received a worrying email, ostensibly from Apple, revealing that law enforcement has demanded and gained access to her account data. The email indicates an FBI investigation although the precise nature of any inquiry remains unclear. From a report: In a message posted to her personal Twitter account, which is not currently subject to a suspension, Elbakyan draws attention to an email she received to one of her accounts operated by Google. "At first I thought it was spam and was about to delete the email, but it turned out to be about FBI requesting my data from Apple," she writes. As the email reveals, the apparent request to access the data from Elbakyan's account dates back more than two years but due to its nature, Apple has only just been able to reveal its existence to the Sci-Hub founder. What this is about, however, remains unclear but perhaps the more pressing question is whether it is a genuine email from Apple.
Piracy

Disney Patents Blockchain-Based Movie Distribution System To Stop Pirates (torrentfreak.com) 95

A few days ago, Disney added a new anti-piracy patent to its arsenal: a blockchain-based distribution system that aims to make it harder for pirates to intercept films being distributed to movie theaters. TorrentFreak reports: The patent in question, titled "Blockchain configuration for secure content delivery," focuses on the distribution of content to movie theaters. This is a vulnerable process where pirates with the right connections can make copies during or after delivery. There are already several security mechanisms in place to prevent leaks from happening. Theaters have to adhere to strict rules, for example, and movies are all watermarked. Nevertheless, Disney believes that this isn't sufficient to stop pirates. "[S]uch security mechanisms are often reactive rather than preventative. For example, watermarking configurations insert a watermark into content to track piracy after the piracy has already occurred. As a result, current configurations do not adequately prevent piracy," the company explains.

Disney argues that by implementing a secure blockchain-based system, the distribution process can be more tightly controlled. Among other things, it will make it impossible for a movie to be played before it arrives at the intended location. "In contrast with previous configurations, the blockchain configuration verifies that the content is received at the intended destination prior to allowing playback of the content at that destination," the patent reads.

The system can also be configured with other anti-piracy features. For example, it can track the number of times a movie is played to prevent bad actors from showing it more often than they should. "Further, the blockchain configuration has an automated auditing mechanism that tracks playback of the content at the destination to ensure that the quantity of playbacks is accurately recorded. Therefore, piracy by the intended recipient, in the form of a greater quantity of actual playbacks than reported playbacks, is prevented.' While Disney regularly refers to movie theaters and projectors, it specifically states that the patent also applies to other 'playback environments.' For example, when Disney content is sent to other streaming providers, which will need the proper credentials to play the content. There are several possible practical implementations but whether Disney has concrete plans to use these in the real world is unknown.

Piracy

A Podcast App is Exposing Subscribers-only Shows (theverge.com) 15

The beauty and misery of private RSS feeds. An anonymous reader shares a report: There's only supposed to be one way to hear exclusive podcast content from sports host Scott Wetzel: by paying $5 a month to subscribe to his Patreon. But the show's also been available on a smaller podcasting app for free. In fact, leaked podcast feeds from dozens of subscription-only shows, including Wetzel's and The Last Podcast On The Left, are available to stream through Castbox, a smaller app for both iOS and Android, just by searching for them.

Two people in the podcast space tell me they've reached out to Castbox multiple times, only for the company to remove a show and then have it pop up again, an infuriating cycle for someone trying to charge for their content. "It's a little bit like playing whack-a-mole with them," says one source, who asked to remain anonymous because of their ongoing work in the space. Podcast subscriptions have existed for years, but they've gained wider attention this past month. Apple, which makes the dominant podcasting app, introduced in-app subscriptions with a button that lets people directly subscribe to a show from the app. Spotify announced its own subscription product, too, but with caveats -- the main one being there's no actual in-app button.

Security

Signal CEO Hacks Cellebrite iPhone Hacking Device Used By Cops (vice.com) 85

FlatEric521 shares a report: Moxie Marlinspike, the founder of the popular encrypted chat app Signal claims to have hacked devices made by the infamous phone unlocking company Cellebrite, which has famously worked with cops to circumvent encryption such as Signal's. In a blog post Wednesday, Marlinspike not only published details about the new exploits for Cellebrite devices but seemed to suggest that Signal's code could be theoretically altered to hack Cellebrite devices en masse. "We were surprised to find that very little care seems to have been given to Cellebrite's own software security. Industry-standard exploit mitigation defenses are missing, and many opportunities for exploitation are present," Marlinspike wrote in the post. "Any app could contain such a file, and until Cellebrite is able to accurately repair all vulnerabilities in its software with extremely high confidence, the only remedy a Cellebrite user has is to not scan devices."

Marlinspike claims (whether you believe this portion of the post or not is up to you) that while he was on a walk he happened to find a Cellebrite phone unlocking device: "By a truly unbelievable coincidence, I was recently out for a walk when I saw a small package fall off a truck ahead of me. As I got closer, the dull enterprise typeface slowly came into focus: Cellebrite. Inside, we found the latest versions of the Cellebrite software, a hardware dongle designed to prevent piracy (tells you something about their customers I guess!), and a bizarrely large number of cable adapters." Along with his colleagues, Marlinspike analyzed the device and found that it included several vulnerabilities that could allow an attacker to include an "otherwise innocuous file in an app" that when it gets scanned by a Cellebrite device exploits it and tampers with the device and the data it can access.

Censorship

Google Asked to Hide TorrentFreak Article Reporting that 'The Mandalorian' Was Widely Pirated (torrentfreak.com) 72

The file-sharing blog TorrentFreak reports: Google was asked to remove a TorrentFreak article from its search results this week. The article in question reported that "The Mandalorian" was the most pirated TV show of 2020.

This notice claims to identify several problematic URLs that allegedly infringe the copyrights of Disney's hit series The Mandalorian. This is not unexpected, as The Mandalorian was the most pirated TV show of last year, as we reported in late December. However, we didn't expect to see our article as one of the targeted links in the notice. Apparently, the news that The Mandalorian is widely pirated — which was repeated by dozens of other publications — is seen as copyright infringement?

Needless to say, we wholeheartedly disagree. This is not the way.

TorrentFreak specifies that the article in question "didn't host or link to any infringing content." (TorrentFreak's article was even linked to by major sites including CNET, Forbes, Variety, and even Slashdot.)

TorrentFreak also reports that it wasn't Disney who filed the takedown request, but GFM Films... At first, we thought that the German camera company GFM could have something to do with it, as they worked on The Mandalorian. However, earlier takedown notices from the same sender protected the film "The Last Witness," which is linked to the UK company GFM Film Sales. Since we obviously don't want to falsely accuse anyone, we're not pointing fingers.
So what happens next? We will certainly put up a fight if Google decides to remove the page. At the time of writing, this has yet to happen. The search engine currently lists the takedown request as 'pending,' which likely means that there will be a manual review. The good news is that Google is usually pretty good at catching overbroad takedown requests. This is also true for TorrentFreak articles that were targeted previously, including our coverage on the Green Book screener leak.
Databases

SEGA Lawyers Demand 'Immediate Suspension' of Steam Database Over Alleged Piracy (torrentfreak.com) 66

An anonymous reader quotes a report from TorrentFreak: The popular and entirely legal Steam Database has found itself in a precarious position following two erroneous DMCA notices from SEGA. Steam Database's host is being asked to suspend the platform due to a claimed lack of response to the first notice. This prompted the site to take down entirely legal content in an effort to address the problem. [...]

TorrentFreak was able to review the notice sent by SEGA to SteamDB's host and it pulls no punches. SEGA doubles down by stating that SteamDB is illegally distributing the game Yakuza: Like a Dragon, noting that it has tried to inform SteamDB but was "not able" to resolve the issue. Worryingly, it then implies that legal action might be taken against SteamDB for non-compliance, adding that the host should "immediately suspend" SteamDB due to the alleged ongoing infringement. Which, of course, is not taking place.

This puts SteamDB's host in a tough position. Failure to act against an allegedly infringing customer can put the host at risk in terms of liability but disabling a customer's website can cause a whole new set of problems, especially when that customer has not infringed anyone's rights. In an effort to sort the problem out, SteamDB's host asked for additional input from the operators of SteamDB but nevertheless warned that if that information was not received, it may still block the SteamDB server within 24 hours, as demanded in the SEGA takedown notice. In order to defuse the situation, SteamDB took down the allegedly-infringing page which as far as SEGA goes (and at least in theory) should solve the disconnection threat problem. However, the entire situation has proven counterproductive for SEGA too.

Piracy

Police Warn Students To Avoid Sci-Hub (bbc.com) 150

Police have warned students in the UK against using the Sci-Hub website, which they say lets users "illegally access" millions of scientific research papers. Specifically, the police say the website could "pose a threat to their personal information and data." The BBC reports: The police are concerned that users of the "Russia-based website" could have information taken and misused online. The Sci-Hub says its website "removes all barriers" to science. It offers open access to more than 85 million scientific papers and claims that copyright laws should be abolished and that such material should be "knowledge to all." It describes itself as "the first pirate website in the world to provide mass and public access to tens of millions of research papers."

But Max Bruce, the City of London Police's cyber protection officer, has urged universities to block the website on their network because of the "threat posed by Sci-Hub to both the university and its students." "If you're tricked into revealing your log-in credentials, whether it's through the use of fake emails or malware, we know that Sci-Hub will then use those details to compromise your university's computer network in order to steal research papers," he said. "Students should be aware that accessing such websites is illegal, as it hosts stolen intellectual property," said Det Insp Kevin Ives. He warned that visitors to the website, whose Twitter account has been suspended, are "very vulnerable to having their credentials stolen."

Piracy

Adobe Goes After 27-Year Old 'Pirated' Copy of Acrobat Reader 1.0 for MS-DOS (torrentfreak.com) 58

"Adobe doesn't want third-parties to pirate its software, so the company regularly sends out DMCA notices to remove infringing copies," reports TorrentFreak. In a recent tweet, F-Secure researcher Mikko Hypponen mentioned that the software company removed one of his tweets that linked to an old copy of Acrobat Reader for MS-DOS, which came out more than 27-years ago, shortly after the PDF was invented. From the report: The security researcher posted the tweet five years ago and at the time there were no issues. The message was copied a few weeks ago by his own Twitter bot, which reposts all his original tweets five years later. "They sent a DMCA notice to my bot (@mikko__2016) when it posted that tweet on the tweet's 5th anniversary. The original tweet is fine," Hypponen notes. While the original tweet is still up, the reposted message was swiftly removed by Twitter. Not just that, the bot's account was locked as well, which is standard practice nowadays.

Looking more closely at the takedown notice, we see that it was sent by the "brand protection analyst" at Incopro, which is one of Adobe's anti-piracy partners. It doesn't provide any further details on the reasons for taking it down, other than an alleged copyright infringement. Things get even more curious when we look at the full DMCA notice, posted by the Lumen database. This shows that the tweet was listed among other links, which all point to "infringing' copies of more recent software. Intriguingly, the notice also reveals that Hypponen's original tweet was targeted as well, albeit indirectly. The takedown notice lists t.co/tbAT0CH25o, which still points to the 2016 tweet today, so Twitter decided not to take action there.

We wonder if the DMCA notice is intentional at all. Over the years we have seen many bizarre takedown claims, which are often the result of automated filters. That may be a plausible explanation here as well. In that case, it shows that DMCA takedown process is far from perfect. However, if Adobe seriously has a problem with the fact that a 27-year-old copy of Acrobat Reader is being shared on an external site, it's more effective to target the site where it's hosted. Not the person who links to it in a tweet.

Piracy

ICANN Refuses To Accredit Pirate Bay Founder Peter Sunde Due To His 'Background' (torrentfreak.com) 134

An anonymous reader quotes a report from TorrentFreak: Peter Sunde is one of the original Pirate Bay founders, but in recent years he's mostly known for his role in various Internet-related startups. This includes domain registrar Sarek, for which Sunde tried to get ICANN accreditation. However, this request was denied, apparently due to Sunde's "uncomfortable" background. Needless to say, Sunde was disappointed with the decision and he took his frustration to Twitter a few days ago. Initially, he assumed that the application was denied because ICANN concluded that he 'lied' about his background.

The accreditation form requires applicants to tick a box if they have been convicted for fraud or something similar. Sunde didn't tick this box, as he was convicted for criminal copyright infringement. This 'error' was swiftly noticed by ICANN, which is also uneasy with other parts of the Pirate Bay founder's history. "After the background check I get a reply that I've checked the wrong boxes," Sunde wrote. "Not only that, but they're also upset I was wanted by Interpol." The Twitter thread didn't go unnoticed by ICANN who contacted Sunde over the phone to offer clarification. As it turns out, the 'wrong box' issue isn't the main problem, as he explains in a follow-up Twitter thread.

"I got some sort of semi-excuse regarding their claim that I lied on my application. They also said that they agreed it wasn't fraud or similar really. So both of the points they made regarding the denial were not really the reason," Sunde clarifies. Over the phone, ICANN explained that the matter was discussed internally. This unnamed group of people concluded that the organization is 'not comfortable' doing business with him. "They basically admitted that they don't like me. They've banned me for nothing else than my political views. This is typical discrimination. Considering I have no one to appeal to except them, it's concerning, since they control the actual fucking center of the internet." Making matters worse, ICANN will also keep the registration fee, so this whole ordeal is costing money as well.

United States

US Navy is Liable for Mass Software Piracy, Appeals Court Rules (torrentfreak.com) 72

The United States Navy is liable for a mass copyright infringement. The Court of Appeals for the Federal Circuit sided with the German software company Bitmanagement, which accused the Navy of copying software without permission. Bitmanagement claimed more than $500 million in damages, but the final amount has yet to be determined. From a report: The dispute started when the US Navy decided that it would like to run the software across its entire network. This meant that it would be installed on hundreds of thousands of computers, with "Flexera" software keeping track of the number of simultaneous users. Bitmanagement didn't offer such a license by default, so the Navy requested this option separately. These requests took place through a reseller, Planet 9 Studios, which complicated matters. After several back and forths, the Navy was convinced that it had permission, but Bitmanagement later disagreed. The problem for the Court was that the Navy and Bitmanagement didn't sign a contract, so there was no direct permission given. This meant that the Court had to review the conversations and exchanges that took place, to determine which side was right.

After reviewing all evidence, the Federal Claims court eventually sided with the US Navy, dismissing the copyright infringement claim. However, this wasn't the end of it. Bitmanagement maintained that the Navy clearly committed mass copyright infringement and the company took the matter to the US Court of Appeals for the Federal Circuit, with success. In an order issued a few days ago, the Appeals Court agrees with pretty much all conclusions of the Federal Claims Court. The evidence indeed shows that Bitmanagement 'authorized' the U.S. Navy's copying of BS Contact Geo across its network. While this wasn't formalized in an official contract, the Navy had an "implied license."

Piracy

GitHub Reverses Takedown of Code for Anime Torrent Site Despite Film Group's DMCA (torrentfreak.com) 35

Inside.com's developer newsletter spotted this code repository story: GitHub posted a DMCA notice it received from the Motion Picture Association (MPA) last week asking the platform to take down a repository associated with NYAA.si, a popular torrent site specializing in anime content. The DMCA captured attention as the code doesn't belong to the MPA. Rather, the MPA argues the code is used for the development of the site, which allows for copyright infringement, while the repo also makes it possible to create NYAA clones.

The news comes a few months after GitHub restored the youtube-dl repository and created a $1m legal defense fund to help open source developers fight unwarranted DMCA Section 1201 takedown claims. At the same time, the platform also announced it will be improving its Section 1201 claim review process to make it harder to take down repos.

But the next day, the newsletter reported GitHub had reversed the takedown: The company explains the notice didn't meet its DMCA Takedown Policy requirements as it failed to "establish that the code is preconfigured to infringe." GitHub adds that it also restored any content that was disabled because of the notice.
Some context from TorrentFreak: This isn't the first time the MPA has gone after the anime torrent site. Last November we reported that the anti-piracy group sent cease and desist letters to several people who are allegedly connected to the site, describing it as an "Anime Cartel".
TorrentFreak's latest update: A few weeks ago, the Motion Picture Association tried to shut the project down by going after several people who are allegedly linked to the site. Framing NYAA as an "Anime Cartel", the movie group demanded a total shutdown and tens of thousands of dollars in settlements...

This takedown request initially succeeded as GitHub disabled the repository earlier this week. Before doing so, the platform reached out to the developers and gave them the option to respond or make changes, but that request went unanswered. Without a response from the developers, this is usually where things end. In this case, however, GitHub decided to carry out another review after the project was taken down, perhaps in part motivated by the news coverage. "While we didn't hear back from the maintainers, we chose to do another review ourselves to proactively see how we could resolve the issue," a GitHub spokesperson informs TorrentFreak...

[A]t the time of writing the NYAA repository is up and running again. The MPA still has the option to provide additional information about the allegedly-infringing nature of the code, which would then trigger another review.

GitHub stresses that it's their purpose to make sure that developers can host code within the boundaries of the law. Unless the entire repository is infringing, it's standard policy to allow developers to respond to DMCA claims before any content is removed.

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