Piracy

Federal Jury Convicts Five in Major Illegal Streaming Case (variety.com) 71

A federal jury in Las Vegas has convicted five men for operating Jetflicks, one of the largest illegal streaming services in the U.S., the Justice Department announced Thursday. The service, which charged $9.99 monthly, allegedly hosted over 183,200 TV episodes, surpassing legitimate streaming platforms. Prosecutors said the operation caused "substantial harm" to copyright owners. The defendants face up to 48 years in prison for conspiracy to commit criminal copyright infringement and related charges. Sentencing dates are pending.
Google

French Court Orders Google, Cloudflare, Cisco To Poison DNS To Stop Piracy (torrentfreak.com) 74

An anonymous reader quotes a report from TorrentFreak: A French court has ordered Google, Cloudflare, and Cisco to poison their DNS resolvers to prevent circumvention of blocking measures, targeting around 117 pirate sports streaming domains. The move is another anti-piracy escalation for broadcaster Canal+, which also has permission to completely deindex the sites from search engine results. [...] Two decisions were handed down by the Paris judicial court last month; one concerning Premier League matches and the other the Champions League. The orders instruct Google, Cloudflare, and Cisco to implement measures similar to those in place at local ISPs. To protect the rights of Canal+, the companies must prevent French internet users from using their services to access around 117 pirate domains.

According to French publication l'Informe, which broke the news, Google attorney Sebastien Proust crunched figures published by government anti-piracy agency Arcom and concluded that the effect on piracy rates, if any, is likely to be minimal. Starting with a pool of all users who use alternative DNS for any reason, users of pirate sites -- especially sites broadcasting the matches in question -- were isolated from the rest. Users of both VPNs and third-party DNS were further excluded from the group since DNS blocking is ineffective against VPNs. Proust found that the number of users likely to be affected by DNS blocking at Google, Cloudflare, and Cisco, amounts to 0.084% of the total population of French Internet users. Citing a recent survey, which found that only 2% of those who face blocks simply give up and don't find other means of circumvention, he reached an interesting conclusion. "2% of 0.084% is 0.00168% of Internet users! In absolute terms, that would represent a small group of around 800 people across France!"

In common with other courts presented with the same arguments, the Paris court said the number of people using alternative DNS to access the sites, and the simplicity of switching DNS, are irrelevant. Canal+ owns the rights to the broadcasts and if it wishes to request a blocking injunction, it has the legal right to do so. The DNS providers' assertion that their services are not covered by the legislation was also waved aside by the court. Google says it intends to comply with the order. As part of the original matter in 2023, it was already required to deindex the domains from search results under the same law. At least in theory, this means that those who circumvented the original blocks using these alternative DNS services, will be back to square one and confronted by blocks all over again. Given that circumventing this set of blocks will be as straightforward as circumventing the originals, that raises the question of what measures Canal+ will demand next, and from whom.

Piracy

Nintendo Hits 127 Switch Piracy Tutorial Repos After 'Cracking' URL Encryption (torrentfreak.com) 28

An anonymous reader quotes a report from TorrentFreak: A popular GitHub repo and over 120 forks containing Switch emulation tutorials have been targeted by Nintendo. While most forks are now disabled, the main repository has managed to survive after being given the opportunity to put things right. Whether Nintendo appreciated the irony is unclear, but it appears that use of encoding as a protection measure to obfuscate links, was no match for the video game company's circumvention skills. [...] The Switch Emulators Guide was presented in the context of piracy, something made clear by a note on the main page of the original repo which stated that the tutorial was made, in part, for use on the /r/NewYuzuPiracy subreddit. Since the actions of Yuzu and its eventual demise are part of the unwritten framework for similar takedowns, that sets the tone (although not the legal basis) in favor of takedown.

When asked to provide a description and URL pointing to the copyrighted content allegedly infringed by the repos, Nintendo states that the works are the 'Nintendo Switch firmware" and various games protected by technological protection measures (TPM) which prevent users from unlawfully copying and playing pirated games. The notice states the repos 'provide access' to keys that enable circumvention of its technical measures. "The reported repositories offer and provide access to unauthorized copies of cryptographic keys that are used to circumvent Nintendo's Technological Measures and infringe Nintendo's intellectual property rights. Specifically, the reported repositories provide to users unauthorized copies of cryptographic keys (prod.keys) extracted from the Nintendo Switch firmware," Nintendo writes.

"The prod.keys allow users to bypass Nintendo's Technological Measures for digital games; specifically, prod.keys allow users to decrypt and play Nintendo Switch games in unauthorized ways. Distribution of keys without the copyright owner's authorization is a violation of Section 1201 of the DMCA." Nintendo further notes that unauthorized distribution of prod.keys "facilitates copyright infringement by permitting users to play pirated versions of Nintendo's copyright-protected game software on systems without the Nintendo Technological Measures or systems on which Nintendo's Technological Measures have been disabled." Since the prod.keys are extracted from the Nintendo Switch firmware, which is also protected by copyright, distribution amounts to "infringement of Nintendo Switch firmware itself."

Given that the repo's stated purpose was to provide information on how to circumvent Nintendo's technical protection measures, it's fairly ironic that it appears to have used technical measures itself to hinder detection. "The reported repositories attempt to evade detection of their illegal activities by providing access to prod.keys and unauthorized copies of Nintendo's firmware and video games via encoded links that direct users to third-party websites to download the infringing content," Nintendo explains in its notice. "The repositories provide strings of letters and numbers and then instruct users to 'use [private] to decode the lines of strings given here to get an actual link.' The decoded links take users to sites where they can access the prod.keys and unauthorized copies of Nintendo's copyright-protected material." The image below shows the encoded links (partially redacted) that allegedly link to the content in question on third-party sites. To hide their nature, regular URLs are encoded using Base64, a binary-to-text encoding scheme that transforms them into a sequence of characters. Those characters can be decoded to reveal the original URL using online tools.

Piracy

Napster Sparked a File-Sharing Revolution 25 Years Ago (torrentfreak.com) 49

TorrentFreak's Ernesto Van der Sar recalls the rise and fall of Napster, the file-sharing empire that kickstarted a global piracy frenzy 25 years ago. Here's an excerpt from his report: At the end of the nineties, technology and the Internet were a playground for young engineers and 'hackers'. Some of them regularly gathered in the w00w00 IRC chatroom on the EFnet network. This tech-think-tank had many notable members, including WhatsApp founder Jan Koum and Shawn Fanning, who logged on with the nickname Napster. In 1998, 17-year-old Fanning shared an idea with the group. 'Napster' wanted to create a network of computers that could share files with each other. More specifically, a central music database that everyone in the world could access.

This idea never left the mind of the young developer. Fanning stopped going to school and flanked by his friend Sean Parker, devoted the following months to making his vision a reality. That moment came on June 1, 1999, when the first public release of Napster was released online. Soon after, the software went viral. Napster was quickly embraced by millions of users, who saw the software as something magical. It was a gateway for musical exploration, one that dwarfed even the largest record stores in town. And all for free. It sounds mundane today, but some equated it to pure technological sorcery. For many top players in the music industry, Napster's sorcery was pure witchcraft. At the time, manufacturing CDs with high profit margins felt like printing money and Napster's appearance threatened to ruin the party. [...]

At the start of 2001, Napster's user base reached a peak of more than 26.4 million worldwide. Yet, despite huge growth and backing from investors, the small file-sharing empire couldn't overcome the legal challenges. The RIAA lawsuit resulted in an injunction from the Ninth Circuit Court, which ordered the network to shut down. This happened during July 2001, little more than two years after Napster launched. By September that year, the case had been settled for millions of dollars. While the Napster craze was over, file-sharing had mesmerized the masses and the genie was out of the bottle. Grokster, KaZaa, Morpheus, LimeWire, and many others popped up and provided sharing alternatives, for as long as they lasted. Meanwhile, BitTorrent was also knocking on the door.
"Napster paved the way for Apple's iTunes store, to serve the demand that was clearly there," notes Ernesto. "This music streaming landscape was largely pioneered by a Napster 'fan' from Sweden, Daniel Ek."

"Like many others, Ek was fascinated by the 'all you can play' experience offered by file-sharing software, and that planted the seeds for the music streaming startup Spotify, where he still serves as CEO today. In fact, Spotify itself used file-sharing technology under the hood to ensure swift playback."
Piracy

Nvidia Denies Pirate e-Book Sites Are 'Shadow Libraries' To Shut Down Lawsuit (arstechnica.com) 105

An anonymous reader quotes a report from Ars Technica: Some of the most infamous so-called shadow libraries have increasingly faced legal pressure to either stop pirating books or risk being shut down or driven to the dark web. Among the biggest targets are Z-Library, which the US Department of Justice has charged with criminal copyright infringement, and Library Genesis (Libgen), which was sued by textbook publishers last fall for allegedly distributing digital copies of copyrighted works "on a massive scale in willful violation" of copyright laws. But now these shadow libraries and others accused of spurning copyrights have seemingly found an unlikely defender in Nvidia, the AI chipmaker among those profiting most from the recent AI boom.

Nvidia seemed to defend the shadow libraries as a valid source of information online when responding to a lawsuit from book authors over the list of data repositories that were scraped to create the Books3 dataset used to train Nvidia's AI platform NeMo. That list includes some of the most "notorious" shadow libraries -- Bibliotik, Z-Library (Z-Lib), Libgen, Sci-Hub, and Anna's Archive, authors argued. However, Nvidia hopes to invalidate authors' copyright claims partly by denying that any of these controversial websites should even be considered shadow libraries.

"Nvidia denies the characterization of the listed data repositories as 'shadow libraries' and denies that hosting data in or distributing data from the data repositories necessarily violates the US Copyright Act," Nvidia's court filing said. The chipmaker did not go into further detail to define what counts as a shadow library or what potentially absolves these controversial sites from key copyright concerns raised by various ongoing lawsuits. Instead, Nvidia kept its response brief while also curtly disputing authors' petition for class-action status and defending its AI training methods as fair use. "Nvidia denies that it has improperly used or copied the alleged works," the court filing said, arguing that "training is a highly transformative process that may include adjusting numerical parameters including 'weights,' and that outputs of an LLM may be based, at least in part, on such 'weights.'"
"Nvidia's argument likely depends on the court agreeing that AI models ingesting published works in order to transform those works into weights governing AI outputs is fair use," notes Ars. "However, authors have argued that 'these weights are entirely and uniquely derived from the protected expression in the training dataset' that has been copied without getting authors' consent or providing authors with compensation."

"Authors suing Nvidia have taken the next step, linking the chipmaker to shadow libraries by arguing that 'these shadow libraries have long been of interest to the AI-training community because they host and distribute vast quantities of unlicensed copyrighted material. For that reason, these shadow libraries also violate the US Copyright Act.'"
Television

Streaming is Cable Now (theverge.com) 110

An anonymous reader shares a report: Disney Plus, Hulu, and Max are teaming up for a new bundle this summer, Netflix is focused on the WWE and celebrity boxing, Disney Plus is getting ESPN, and Bloomberg reported earlier this week that Max could get a price hike. A familiar refrain emerged around all this news: streaming is becoming cable TV all over again and getting crummier in the process.

And it's true! When streaming first emerged, it was a beautiful alternative to piracy, which was very convenient and very illegal, and cable, which was festooned with ads and weighed down by channels you were paying for and didn't want. Streaming gave you a world of content on demand for a fraction of the cost of cable. But that experience was never sustainable. Content costs money to make, and companies are apparently obligated to "increase revenue" and "make profit." This means Netflix spending billions of dollars a year on content isn't necessarily sustainable unless it's adding new users and monetizing them through some combination of ads and increasing subscription fees for stuff that used to be free, like sharing an account or streaming in 4K.

Piracy

MPA Has Big Plans To Crack Down on Movie Piracy Again (theverge.com) 88

The Motion Picture Association is going off on piracy again. During CinemaCon in Las Vegas, MPA CEO Charles Rivkin announced that the organization plans on working with Congress to pass rules blocking websites with pirated content. The Verge: The MPA is a trade association representing Hollywood studios, including Paramount, Sony, Universal, and Disney (it's also behind the ratings board that gives you an R if you say curse words too often). It has long lobbied for anti-piracy laws, but it seems the battle is heating up again. In his speech on Tuesday, Rivkin highlights what a major problem piracy in the US has become, saying it costs "hundreds of thousands of jobs" and "more than one billion in theatrical ticket sales."

It's true: piracy has gone up in recent years. A report from piracy data analytics company Muso revealed that video piracy websites around the globe received 141 billion visits in 2023, making for a 12 percent increase when compared to 2019. The US and India made up most of these visits. But at the same time, the price to subscribe to a streaming service is higher than ever, and so is the cost of a movie ticket. The solution to stopping piracy, at least in Rivkin's eyes, is to prevent users from accessing piracy websites altogether.

The Courts

Cox Plans To Take Piracy Liability Battle To the Supreme Court (torrentfreak.com) 70

An anonymous reader quotes a report from TorrentFreak: Cox Communications doesn't believe that ISPs should be held liable for the activities of their pirating subscribers. After a disappointing verdict from a Virginia jury and an unsatisfactory outcome at the Court of Appeals, the internet provider now intends to escalate the matter to the Supreme Court. If the present verdict stands, innocent people risk losing their Internet access, the ISP notes. [...] That's notable, as it would be the first time that a "repeat infringer" case ends up at the highest court United States. Cox asked the court of appeals to also stay its mandate pending its Supreme Court application, as this could steer the legal battle in yet another direction.

According to Cox, the Supreme Court has substantial reasons to take on the case. For one, there are currently conflicting court of appeals rulings on the "material contribution" aspect of copyright infringement. The Supreme Court could give more clarity on when a service, with a myriad of lawful uses, can be held liable for infringers. In addition, Cox also cites the recent 'Twitter vs. Taamneh' Supreme Court ruling, which held that social media platforms aren't liable for terrorists who use their network. While that's not a copyright case, it's relevant for the secondary liability question, the ISP argues. "Though Twitter was not a copyright case, it confronted a directly analogous theory of secondary liability: that social-media platforms, including Twitter and YouTube, could be liable for continuing to provide services to those they knew were using them for illegal purposes," Cox writes.

Finally, Cox notes that the Supreme Court should hear the case because it deals with an issue that's 'exceptionally important' to ISPs as well as the public. If the present verdict stands, Internet providers may be much more likely to terminate Internet access, even if the subscriber is innocent. "This Court's material-contribution standard provides powerful incentives for ISPs of all stripes to swiftly terminate internet services that have been used to infringe -- no matter the universe of lawful uses to which those services are put, or the consequences to innocent, non-infringing people who also use those services. "That is why a chorus of amici urged this Court not to adopt this standard at the panel and en banc stages, and will likely urge the Supreme Court to grant review as well," Cox adds, referring to the support it received from third-parties previously.
"Cox hasn't filed a writ of certiorari yet and still has time, as it's due June 17, 2024," notes TorrentFreak. "The intention to go to the Supreme Court would be another reason to halt the new damages trial, according to Cox, but the court of appeals rejected the request."

"This means that the new damages trial can start, even if the case is still pending at the Supreme Court. However, it's clear that this legal battle is far from over yet."
Piracy

Plex Asks GitHub to Take Down 'Reshare' Repository Over Piracy Fears (torrentfreak.com) 60

Plex is a multi-functional streaming platform that allows users to watch, organize, and curate their favorite media entertainment. Sharing Plex libraries is also an option; one that comes with piracy concerns. In an effort to "avoid the growth of piracy," Plex asked GitHub to remove a repository that allows people to reshare libraries that were not originally theirs. TorrentFreak reports: The Swiss company, which is headquartered in the U.S., asked GitHub to remove a "Plex Reshare" repository, alleging that it may contribute to its piracy problem. "Plex Reshare" doesn't host any copyright-infringing material and, as far as we've seen, it doesn't reference any either. Its main purpose is to allow Plex users to make shared Plex directories browsable on the web, which allows people to "reshare" them without being the original owner. "The reason behind this project is to make available your PLEX shares to other friends unrelated to the person who owns the original library," Plex Reshare developer Peter explains.

While the repository doesn't host or link to copyright-infringing material, Plex argues that it can be used to 'grow' piracy. "We have found infringing material in your website which indeed is OTHER 'Plex Server'. The material that is claimed to be infringing is to be removed or access to which is to be disabled immediately and avoid the growth of piracy," the takedown notice reads. The first part of the sentence is somewhat confusing. Plex-reshare is not a Plex server but the company may use "OTHER Plex Server" as an internal classification category. In any case, Plex alleges that the repository can contribute to the growth of piracy on its platform.

Citing the Online Copyright Infringement Liability Limitation Act, Plex urges GitHub to take immediate action, or else it may be held liable. It's not clear what this liability claim rests on, as there are no actual copyright infringements mentioned in the takedown notice. Despite the broad nature of this claim, GitHub has indeed taken the repository offline, replacing it with a DMCA takedown reference. This likely wasn't a straightforward decision as GitHub is known to put developers first with these types of issues. In this case, it took more than three weeks before GitHub took action, which is much longer than usual. This suggests that GitHub allowed the developer to respond and may have sought legal advice from in-house lawyers, to ensure that the rights of all parties are properly considered.
The report notes that the Plex-reshare code is listed on Docker Hub as well, which means it may face a similar fate.
Piracy

The Pirate Bay's Oldest Torrent Is Now 20 Years Old (torrentfreak.com) 15

An anonymous reader quotes a report from TorrentFreak: Today, more than two decades have passed and most of the files shared on The Pirate Bay in the early years are no longer available. BitTorrent requires at least one person to share a full file copy, which is hard to keep up for decades. Surprisingly, however, several torrents have managed to stand the test of time and remain available today. A few days ago the site's longest surviving torrent turned 20 years old. While a few candidates have shown up over the years, we believe that an episode of "High Chaparral" has the honor of being the oldest Pirate Bay torrent that's still active today. The file was originally uploaded on March 25, 2004, and several people continue to share it today. The screenshot [here] only lists one seeder but according to information passed on by OpenTrackr.org, there are four seeders with a full copy. This is quite a remarkable achievement, especially since people complained about a lack of seeders shortly after it was uploaded.

Over the years, the "High Chaparral" torrent achieved cult status among a small group of people who likely keep sharing it, simply because it's the oldest surviving torrent. This became evident in the Pirate Bay comment section several years ago, when TPB still had comments. Record or not, other old torrents on The Pirate Bay also continue to thrive. On March 31, 2004, someone uploaded a pirated copy of the documentary "Revolution OS" to the site which is alive and kicking today.

While these torrents are quite old, they're not the oldest active torrents available on the Internet. That honor goes to "The Fanimatrix", which was created in September 2003 and, after being previously resurrected, continues to be available today with more than 100 people seeding. Ten years ago, we were surprised to see that any of the mentioned torrents were still active. By now, however, we wouldn't be shocked to see these torrents survive for decades. Whether The Pirate Bay will still be around then is another question.

Government

Can Apps Turn Us Into Unpaid Lobbyists? (msn.com) 73

"Today's most effective corporate lobbying no longer involves wooing members of Congress..." writes the Wall Street Journal. Instead the lobbying sector "now works in secret to influence lawmakers with the help of an unlikely ally: you." [Lobbyists] teamed up with PR gurus, social-media experts, political pollsters, data analysts and grassroots organizers to foment seemingly organic public outcries designed to pressure lawmakers and compel them to take actions that would benefit the lobbyists' corporate clients...

By the middle of 2011, an army of lobbyists working for the pillars of the corporate lobbying establishment — the major movie studios, the music industry, pharmaceutical manufacturers and the U.S. Chamber of Commerce — were executing a nearly $100 million campaign to win approval for the internet bill [the PROTECT IP Act, or "PIPA"]. They pressured scores of lawmakers to co-sponsor the legislation. At one point, 99 of the 100 members of the U.S. Senate appeared ready to support it — an astounding number, given that most bills have just a handful of co-sponsors before they are called up for a vote. When lobbyists for Google and its allies went to Capitol Hill, they made little headway. Against such well-financed and influential opponents, the futility of the traditional lobbying approach became clear. If tech companies were going to turn back the anti-piracy bills, they would need to find another way.

It was around this time that one of Google's Washington strategists suggested an alternative strategy. "Let's rally our users," Adam Kovacevich, then 34 and a senior member of Google's Washington office, told colleagues. Kovacevich turned Google's opposition to the anti-piracy legislation into a coast-to-coast political influence effort with all the bells and whistles of a presidential campaign. The goal: to whip up enough opposition to the legislation among ordinary Americans that Congress would be forced to abandon the effort... The campaign slogan they settled on — "Don't Kill the Internet" — exaggerated the likely impact of the bill, but it succeeded in stirring apprehension among web users.

The coup de grace came on Jan. 18, 2012, when Google and its allies pulled off the mother of all outside influence campaigns. When users logged on to the web that day, they discovered, to their great frustration, that many of the sites they'd come to rely on — Wikipedia, Reddit, Craigslist — were either blacked out or displayed text outlining the detrimental impacts of the proposed legislation. For its part, Google inserted a black censorship bar over its multicolored logo and posted a tool that enabled users to contact their elected representatives. "Tell Congress: Please don't censor the web!" a message on Google's home page read. With some 115,000 websites taking part, the protest achieved a staggering reach. Tens of millions of people visited Wikipedia's blacked-out website, 4.5 million users signed a Google petition opposing the legislation, and more than 2.4 million people took to Twitter to express their views on the bills. "We must stop [these bills] to keep the web open & free," the reality TV star Kim Kardashian wrote in a tweet to her 10 million followers...

Within two days, the legislation was dead...

Over the following decade, outside influence tactics would become the cornerstone of Washington's lobbying industry — and they remain so today.

"The 2012 effort is considered the most successful consumer mobilization in the history of internet policy," writes the Washington Post — agreeing that it's since spawned more app-based, crowdsourced lobbying campaigns. Sites like Airbnb "have also repeatedly asked their users to oppose city government restrictions on the apps." Uber, Lyft, DoorDash and other gig work companies also blitzed the apps' users with scenarios of higher prices or suspended service unless people voted for a 2020 California ballot measure on contract workers. Voters approved it."

The Wall Street Journal also details how lobbyists successfully killed higher taxes for tobacco products, the oil-and-gas industry, and even on private-equity investors — and note similar tactics were used against a bill targeting TikTok. "Some say the campaign backfired. Lawmakers complained that the effort showed how the Chinese government could co-opt internet users to do their bidding in the U.S., and the House of Representatives voted to ban the app if its owners did not agree to sell it.

"TikTok's lobbyists said they were pleased with the effort. They persuaded 65 members of the House to vote in favor of the company and are confident that the Senate will block the effort."

The Journal's article was adapted from an upcoming book titled "The Wolves of K Street: The Secret History of How Big Money Took Over Big Government." But the Washington Post argues the phenomenon raises two questions. "How much do you want technology companies to turn you into their lobbyists? And what's in it for you?"
Piracy

'Operation 404' Results In First Prison Sentence For Pirate IPTV Operator (torrentfreak.com) 14

An anonymous reader quotes a report from TorrentFreak: Brazilian anti-piracy campaign 'Operation 404' has taken down many pirate sites and services over the past five years, but criminal prosecutions have been scarce. This week, anti-piracy group ALIANZA announced a "historic" victory: The operator of pirate IPTV service "Flash IPTV" was sentenced to more than five years in prison, marking the first criminal conviction of this kind in Brazil. [...] The operator of Flash IPTV, who is referred to by the initials A.W.A.P., was found guilty of criminal copyright infringement and sentenced to five years and four months in prison.

Flash IPTV was a relatively large IPTV service with 13,547 active users at its peak. According to local news reports, the service generated $912,000 in revenue over twelve months, before it was taken offline in 2020 as part of the second 'Operation 404' campaign. Speaking with TorrentFreak, ALIANZA says that this is a historic verdict, as it's the first criminal IPTV prosecution linked to 'Operation 404' in Brazil. "We appreciate the commitment of the police and judicial authorities in resolving this important case. The conviction of A.W.A.P. is a milestone that reinforces our commitment to defending the rights of creators and fighting against illegal practices that harm the creative economy," says Victor Roldan, ALIANZA's executive director.

While Operation 404 resulted in many arrests over the years, follow-up prosecutions have been rare in Brazil. Previously, ALIANZA did score a similar victory in Ecuador, where the operator of the pirate IPTV service IPTVlisto.com was sentenced to a year in prison. Last fall, Brazilian authorities conducted the sixth wave of Operation 404 and more are expected to follow in the future. These enforcement initiatives are broadly praised by rightsholders and the recent conviction will only strengthen their support.

Piracy

Dutch Court Orders ISP To Block 'Anna's Archive' and 'LibGen' (torrentfreak.com) 26

The Dutch pirate site blocklist has expanded with two new targets, shadow libraries Anna's Archive and Library Genesis. The court order was obtained by local anti-piracy group BREIN, acting on behalf of major publishers. Interestingly, Z-Library isn't listed in the blocking order, despite explicit warnings previously issued by BREIN. TorrentFreak reports: All blocking requests were submitted by local anti-piracy group BREIN, which acts on behalf of rightsholders. These include the major Hollywood studios but BREIN's purview is much broader. Last week, it obtained the latest blocking order, this time on behalf of the publishing industry. Issued by the Rotterdam District Court, the order requires a local Internet provider to block two well-known shadow libraries; "Anna's Archive" and "Library Genesis" (LibGen). News of this new court order was shared by BREIN which notes that both sites were found to make copyright infringing works available on a large scale. At the time of writing, a published copy is not available but, based on the covenant, all large Internet providers are expected to implement the blockades. "These types of illegal shadow libraries are very harmful. The only ones who benefit are the anonymous owners of these illegal services. Authors and publishers see no return on their efforts and investments," BREIN comments. "Copyright holders deserve an honest living. There are numerous legal ways to obtain ebooks. If desired, this can also be done very cheaply; through the library for example."

The Rotterdam court issued a so-called 'dynamic' blocking order, meaning that rightsholders can update the targeted domains and IP addresses if the sites switch to new ones in the future. This also applies to mirrors and increases the blockades' effectiveness, as there is no need to return to court. Previously, Internet provider KPN challenged these 'dynamic' orders, suggesting that they are too broad. The court rejected this argument, however, noting that the process hasn't led to any major problems thus far. BREIN further reports that Google is voluntarily offering a helping hand. As reported in detail previously, the search engine removes blocked domains from its local search results after being notified about an ISP blocking order. "The effectiveness of the blocking measure is increased because Google cooperates in combating these infringements and, at the request of BREIN, completely removes all references to websites that are blocked by order of the Dutch court from the search results," BREIN writes.

Piracy

BitTorrent Is No Longer the 'King' of Upstream Internet Traffic (torrentfreak.com) 37

An anonymous reader quotes a report from TorrentFreak: Back in 2004, in the pre-Web 2.0 era, research indicated that BitTorrent was responsible for an impressive 35% of all Internet traffic. At the time, file-sharing via peer-to-peer networks was the main traffic driver as no other services consumed large amounts of bandwidth. Fast-forward two decades and these statistics are ancient history. With the growth of video streaming, including services such as YouTube, Netflix, and TikTok, file-sharing traffic is nothing more than a drop in today's data pool. [...]

This week, Canadian broadband management company Sandvine released its latest Global Internet Phenomena Report which makes it clear that BitTorrent no longer leads any charts. The latest data show that video and social media are the leading drivers of downstream traffic, accounting for more than half of all fixed access and mobile data worldwide. Needless to say, BitTorrent is nowhere to be found in the list of 'top apps'. Looking at upstream traffic, BitTorrent still has some relevance on fixed access networks where it accounts for 4% of the bandwidth. However, it's been surpassed by cloud storage apps, FaceTime, Google, and YouTube. On mobile connections, BitTorrent no longer makes it into the top ten. The average of 46 MB upstream traffic per subscriber shouldn't impress any file-sharer. However, since only a small percentage of all subscribers use BitTorrent, the upstream traffic per user is of course much higher.

Emulation (Games)

How Nintendo's Destruction of Yuzu Is Rocking the Emulator World (theverge.com) 33

An anonymous reader quotes a report from The Verge: When Nintendo sued the developers of Yuzu out of existence on March 4th, it wasn't just an attack on the leading way to play Nintendo Switch games without a Switch. It was a warning to anyone building a video game emulator. Seven developers have now stepped away from projects, are shutting them down, or have left the emulation scene entirely. Of those that remain, many are circling the wagons, getting quieter and more careful, trying not to paint targets on their backs. Four developers declined to talk to The Verge, telling me they didn't want to draw attention. One even tried to delete answers to my questions after we'd begun, suddenly scared of attracting press.

Not everyone is so afraid. Four other emulator teams tell me they're optimistic Nintendo won't challenge them, that they're on strong legal footing, and that Yuzu may have been an unusually incriminating case. One decade-long veteran tells me everyone's just a bit more worried. But when I point out that Nintendo didn't have to prove a thing in court, they all admit they don't have money for lawyers. They say they'd probably be forced to roll over, like Yuzu, if the Japanese gaming giant came knocking. "I would do what I'd have to do," the most confident of the four tells me. "I would want to fight it... but at the same time, I know we exist because we don't antagonize Nintendo."

There's a new meme where Yuzu is the mythical Hydra: cut off one head, and two more take its place. It's partly true in how multiple forks of Yuzu (and 3DS emulator Citra) sprung up shortly after their predecessors died: Suyu, Sudachi, Lemonade, and Lime are a few of the public names. But they're not giving Nintendo the middle finger: they're treating Nintendo's lawsuit like a guidebook about how not to piss off the company. In its legal complaint, Nintendo claimed Yuzu was "facilitating piracy at a colossal scale," giving users "detailed instructions" on how to "get it running with unlawful copies of Nintendo Switch games," among other things. Okay, no more guides, say the Switch emulator developers who spoke to me. They also say they're stripping out some parts of Yuzu that made it easier to play pirated games. As Ars Technica reported, a forked version called Suyu will require you to bring the firmware, title.keys, and prod.keys from your Switch before you can decrypt and play Nintendo games. Only one of those was technically required before. (Never mind that most people don't have an easily hackable first-gen Switch and would likely download these things off the net.) The developer of another fork tells me he plans to do something similar, making users "fend for yourself" by making sure the code doesn't auto-generate any keys.

Most developers I spoke to are also trying to make it clear they aren't profiting at Nintendo's expense. One who initially locked early access builds behind a donation page has stopped doing that, making them publicly available on GitHub instead. The leader of another project tells me nothing will ever be paywalled, and for now, there's "strictly no donation," either. When I ask about the Dolphin Emulator, which faced a minor challenge from Nintendo last year, I'm told it publicly exposes its tiny nonprofit budget for anyone to scrutinize. But I don't know that these steps are enough to prevent Nintendo from throwing around its weight again, particularly when it comes to emulating the Nintendo Switch, its primary moneymaker.
Since Yuzu's shut down, a slew of other emulators left the scene. The include (as highlighted by The Verge):

- The Citra emulator for Nintendo 3DS is gone
- The Pizza Boy emulators for Nintendo Game Boy Advance and Game Boy Color are gone
- The Drastic emulator for Nintendo DS is free for now and will be removed
- The lead developer of Yuzu and Citra has stepped away from emulation
- The lead developer of Strato, a Switch emulator, has stepped away from emulation
- Dynarmic, used to speed up various emulators including Yuzu, has abruptly ended development
- One contributor on Ryujinx, a Switch emulator, has stepped away from the project
- AetherSX2, a PS2 emulator, is finally gone (mostly unrelated; development was suspended a year ago)
Piracy

In Indonesia, Women Pirate More Music and Movies Than Men (torrentfreak.com) 36

Piracy was traditionally seen as something that predominantly young males were interested in. This is a largely outdated representation of reality, as girls and women began to catch up a long time ago. In some countries, including Indonesia, more women pirate music, movies, and TV-shows than their male counterparts. TorrentFreak reports: [N]ew findings published by researchers from Northumbria University Newcastle, which include gender, are worth highlighting. The survey data, looking at piracy trends in Thailand and Indonesia, was released by Marketing professor Dr. Xuemei Bian and Ms. Humaira Farid. The results were presented to WIPO's Advisory Committee on Enforcement recently and the associated presentation (PDF) was published online. Through an online survey and in-person interviews, the research aims to map consumer attitudes and behaviors in Indonesia and Thailand, particularly in connection with online copyright infringement.

One of the overall conclusions is that piracy remains a common activity in both Asian countries. Pirates are present in all age groups but and music, movies en TV-shows tend to be in highest demand and younger people. Those under 40, are more likely to pirate than their older counterparts. These findings are not out of the ordinary and the same trends are visible in other countries too. Interestingly, however, some notable differences between the two countries appear when gender is added to the mix. The tables below show that women are more likely to pirate than men in Indonesia. This is true for all content categories, except for software, where men are slightly in the lead. In Thailand, however, men are more likely to pirate across all categories. The researchers do not attempt to explain these differences. However, they show once again that 'dated' gender stereotypes don't always match with reality. And when they have little explanatory value, one can question whether gender is even relevant in a piracy context.

Looking at other differences between Thai and Indonesian consumers there are some other notable findings. For example, in Indonesia, 64% of the respondents say they're aware of the availability of pirated movies and TV-shows on YouTube, compared to 'just' 32% in Thailand. Indonesian consumers are also more familiar with music piracy sites and pirate much more frequently than Thai consumers, as the table below shows. Finally, the researchers also looked at various attitudes toward piracy. This shows that Thai pirates would be most likely to stop if legal services were more convenient, while Indonesian pirates see cheaper legal services as the largest discouraging factor.

Nintendo

Nintendo Suing Makers of Open-Source Switch Emulator Yuzu (polygon.com) 107

Nintendo has filed a 41-page lawsuit against the makers of Yuzu, an open-source Nintendo Switch emulator, accusing them of "facilitating piracy at a colossal scale." Polygon reports: Yuzu is a free emulator that was released in 2018 months after the Nintendo Switch originally launched. The same folks who made Citra, a Nintendo 3DS emulator, made this one. Basically, it's a piece of software that lets people play Nintendo Switch games on Windows PC, Linux, and Android devices. (It also runs on Steam Deck, which Valve showed -- then wiped -- in a Steam Deck video clip.) Emulators aren't necessarily illegal, but pirating games to play on them is. But Nintendo said in its lawsuit that there's no way to legal way to use Yuzu.

Nintendo argued that Yuzu executes codes that "defeat" Nintendo's security measures, including decryption using "an illegally-obtained copy of prod.keys." "In other words, without Yuzu's decryption of Nintendo's encryption, unauthorized copies of games could not be played on PCs or Android devices," Nintendo wrote in the lawsuit. As to the alleged damages created by Yuzu, Nintendo pointed to the release of The Legend of Zelda: Tears of the Kingdom. Tears of the Kingdom leaked almost two weeks earlier than the game's May 12 release date. The pirated version of the game spread quickly; Nintendo said it was downloaded more than 1 million times before Tears of the Kingdom's release date. People used Yuzu to play the game; Nintendo said more than 20% of download links pointed people to Yuzu.

Though Yuzu doesn't give out pirated copies of games, Nintendo repeatedly said that most ROM sites point people toward Yuzu to play whatever games they've downloaded. Nintendo said its "expended significant resources to stop the illegal copying, marketing, sale, and distribution" of its Nintendo Switch games. It says that Yuzu earns the team $30,000 per month on its Patreon from more than 7,000 patrons. Nintendo said the company has earned at least $50,000 in paid Yuzu downloads. Nintendo said that Yuzu's Patreon doubled its paid members in the period between May 1 and May 12, when Tears of the Kingdom was released. Nintendo is asking the court to shut down the emulator, and for damages.

Movies

Open Source Movie Streaming Project 'Movie-Web' Shut Down By Hollywood Complaint (torrentfreak.com) 21

An anonymous reader quotes a report from TorrentFreak: In recent months, Movie-Web has quickly gained popularity among a particular group of movie aficionados. The open source software, which is still available on GitHub, allows anyone to set up a movie search engine capable of streaming content from third-party sources. These external sources tend to have large libraries of pirated entertainment. Movie-web's developers are not oblivious to the legal ramifications but since they don't host any files, they hoped to avoid legal trouble. The software just provides a search engine for third-party content, they argued. [...]

Yesterday, the movie-web.app domain was suddenly taken down. According to a message posted on the official Discord server, this is the result of a "court action" from several movie companies including Warner Bros. Netflix, Paramount, Universal, and Disney. [I]t appears that action was taken against the movie-web.app domain. It seems likely that registrar Namecheap suspended the domain after receiving a legal complaint from the aforementioned Hollywood companies. [Update: After publishing the article we learned that there is a legal action that requires registrars to take action against several 'pirate' domains. We're looking into the matter and will follow this up later.]

Namecheap updated the domain's status to clientHold, which effectively rendered the domain inaccessible. The measure is often used to suspend pirate site domains following copyright holder complaints. The surprise takedown only affects movie-web's publicly hosted 'demo' instance. On Discord, the movie-web team says that it has no plans to bring this website back in any shape or form. "As a team, we always said that if we were taken down, we would go down without a fight and we have decided to stick to that. We have zero interest in getting involved with legal matters, and so we will not be trying to circumvent this takedown in any way," developer 'BinaryOverload' writes.

Piracy

Study Finds Anti-Piracy Messages Backfire, Especially For Men 106

jbmartin6 shares a report from Phys.Org: Threatening messages aimed to prevent digital piracy have the opposite effect if you're a man, a new study from the University of Portsmouth has found. According to the research, women tend to respond positively to this kind of messaging, but men typically increase their piracy behaviors by 18%. [...] This paper studies how effective anti-piracy messages are as a deterrent, examining the change in TV and film piracy intentions among 962 adults compared with their past behavior. The three messages examined in the study were verbatim copies of three real-world anti-piracy campaigns. Two of the campaigns used threatening messages to try to combat piracy and the third was educational in tone.

One of the threatening messages was from crime reduction charity, Crimestoppers, which focused on the individual's risk of computer viruses, identity fraud, money and data theft and hacking. The other message was based on a campaign by the French government, which used a "three strike" process, whereby infringers were given two written warnings before their internet access was terminated. The educational message was taken from the campaign "Get It Right from a Genuine Site," which focuses on the cost to the economy and to the individual creative people, and signposts consumers away from piracy sites and towards legal platforms such as Spotify or Netflix.

The study found that one threatening message influences women to reduce their piracy intentions by over 50%, but men increase their piracy behaviors. The educational messages had no effect on either men or women. "The research shows that anti-piracy messages can inadvertently increase piracy, which is a phenomenon known as psychological reactance," explained [lead author, Kate Whitman, from the University of Portsmouth's Centre for Cybercrime and Economic Crime]. "From an evolutionary psychology point of view, men have a stronger reaction to their freedom being threatened and therefore they do the opposite." Moreover, the study found that participants with the most favorable attitudes towards piracy demonstrated the most polarized changes in piracy intentions -- the threatening messages increased their piracy even more.
The study has been published in the Journal of Business Ethics.

"I'm not so sure about the author's attribution of this difference to evolutionary psychology, so looking forward to some educational comments on that," adds Slashdot reader jbmartin6.
Piracy

Cox Communications Wins Order Overturning $1 Billion US Copyright Verdict 17

Internet service provider Cox Communications has been cleared of a $1 billion jury verdict in favor of several major record labels that had accused it of failing to curb user piracy. "The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, ruled on Tuesday that the amount of damages was not justified and that a federal district court should hold a new trial to determine the appropriate amount," reports Reuters. From the report: A Virginia jury in 2019 found Cox, the largest unit of privately-owned Cox Enterprises, liable for its customers' violations of over 10,000 copyrights belonging to labels including Sony Music Entertainment, Warner Music Group, and Universal Music Group. The labels' attorney Matt Oppenheim said that the appeals court "affirmed the jury's verdict that Cox is a willful infringer," and that "the evidence of Cox's complete disregard for copyright law and copyright owners has not changed." "A second jury will get to hear that same compelling evidence, and we fully expect it will render a significant verdict," Oppenheim said.

More than 50 labels teamed up to sue Cox in 2018, in what was seen as a test of the obligations of internet service providers (ISPs) to thwart piracy. The labels accused Cox of failing to address thousands of infringement notices, cut off access for repeat infringers, or take reasonable measures to deter pirates. Atlanta-based Cox had told the 4th Circuit that upholding the verdict would force ISPs to boot households or businesses based on "isolated and potentially inaccurate allegations," or require intrusive oversight of customers' internet usage. Other ISPs, including Charter Communications, Frontier Communications and Astound Broadband, formerly RCN, have also been sued by the record labels.

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