'Hurt Locker' producer files massive antipiracy lawsuit

Few weeks ago, the makers of the Oscar-winning movie Hurt Locker indicated that they would sue tens of thousands of U.S. BitTorrent users. In a classic ‘pay up or else’ scheme, the first 5,000 victims have now been officially reported to court. If ISPs cooperate these can expect a settlement request in their mailboxes soon.

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Hurt Locker PosterIt’s official. “Hurt Locker” producer Voltage Pictures has declared war on 5,000 unidentified people who allegedly pirated the Oscar-winning film. The lawsuit was filed this week in the U.S. District Court for the District of Columbia.

Hoping to recoup some of their claimed losses, the makers of Hurt Locker have partnered (TF) with the very lucrative ‘pay up or else’ money making scheme of the U.S. Copyright Group. The goal of the scheme is to identify as many infringers as possible, and threaten them with ruinous court action. Of course, they will also be given the offer to settle for a relatively low amount of money.

All infringers that are identified will then be kindly asked to settle the dispute, or face further legal action. In the UK these schemes have been highly criticized by the public, consumer organizations and politicians because of the intimidating tactics and lack of solid evidence.

n the U.S. this particular case has not gone unnoticed either and it generated many headlines before an official complaint was filed. Although the U.S. Copyright Group say that 75% of ISPs are cooperating, most of the bigger ISPs remain skeptical, with Time Warner publicly resisting (TD) U.S. Copyright Group’s demands.

The U.S. Copyright Group, on its turn, went on to accuse (TD) Time Warner of inducing copyright infringement because of the refusal to expose its users. The group claims that Time Warner’s refusal to cooperate is a publicity stunt to gain the favor of consumers concerned about their privacy.

Here’s the complaint. According to the lawsuit: “A Defendant’s distribution of even one unlawful copy of a motion picture can result in the nearly instantaneous worldwide distribution of that single copy to a limitless number of people. The Plaintiff new seeks redress for this rampant infringement of their exclusive rights.”
Keep in mind that the number of people being sued may not be a fixed number.
The plaintiff will soon subpoena ISPs to identify the individuals behind the alleged IP addresses used for copyright infringement. Once people have been identified as targets, demand letters will go out. According to a settlement website in one of the earlier, related lawsuits, the plaintiffs are demanding $1500 to release each alleged pirate from liability. The penalties go up further without response. Ultimately, if an accused copyright infringer goes to trial, the plaintiff could seek maximum statutory damages in the amount of $150,000 per infringement, attorneys fees, and costs.

We encourage people who receive a settlement request to contact TF or write to us, so we can look at the details and possibly assist in countering the threats of which many more are expected to be sent out in the months to come.

KTorrent first to Implement Open Source uTP

The KDE BitTorrent client KTorrent has become the first to adopt the ‘improved’ BitTorrent protocol that was open sourced by BitTorrent Inc. a few days ago. With uTP, KTorrent users should cause less network congestion and interference with other applications. They are also the first to benefit from faster connections to uTorrent users.

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KTorrent LogoIn March this year  the uTorrent team released (TF) the long-awaited version 2.0 of their popular BitTorrent client which introduced several significant changes.

One of the novelties in the new uTorrent release was uTP, a new and improved implementation of the BitTorrent protocol which is designed to be network friendly. Critics, however, have labeled the new release as unfair, which has resulted in the client being banned from several private BitTorrent trackers.

The critique was aimed at the new uTP protocol which causes uTorrent to favor its own kind when networking. This means that when connecting to other clients, uTorrent users will give preference to other uTorrent users.

Earlier this week BitTorrent Inc., the company behind uTorrent, open sourced the uTP protocol so other developers can make their clients uTorrent compatible. Although not all developers are equally excited about uTP, Ktorrent has already upgraded its client to support uTP with its new 4.0 release.

To our knowledge, KTorrent is the first client outside BitTorrent Inc. to implement uTP support. With uTP, KTorrent will be more network aware as it will throttle itself if congestion is detected in the network. In theory, this should eliminate the need for ISPs to throttle BitTorrent traffic, while KTorrent users should see less interference with other local applications.

Aside from adding uTP support the latest KTorrent release also adds support for magnet links, a feature that was pushed by The Pirate Bay and has now been implemented by all the prominent BitTorrent clients. The full KTorrent changelog can be found at the official website.

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IRMA forced Mobile ISPs To Disconnect File-Sharers

Last week confirming with partner Eircom to start disconnecting alleged file-sharers from the Internet, music industry group IRMA has begun to spread its net even wider. It is now in advanced negotiations with two mobile ISPs to implement the same scheme and and will take legal action against two more.

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IRMA Logo

Following its 2009 out-of-court settlement with Ireland’s largest ISP Eircom, last week IRMA – representing EMI, Sony, Universal and Warner – confirmed the pair would start tracking, warning and disconnecting alleged file-sharers.

Armed with tracking data from Danish company DtecNet, IRMA would begin supplying the ISP with suspected infringing IP addresses during a 3 month pilot period.

Now, in line with their promise to Eircom that they would not leave the ISP at a competitive disadvantage, IRMA are now going after yet more ISPs in an attempt to force them into the same ‘3 strikes’ style agreement.

According to a report this morning, IRMA now has the mobile broadband sector in their spotlight. Yesterday the music industry group – which controls 90% of Ireland’s recorded music – filed papers against mobile operators O2 and 3.

“O2 can confirm that it has been served with a plenary summons by solicitors acting on behalf of record labels EMI, Warner, Universal and Sony,” the company told (IT) Irish Times. “O2 is currently reviewing the issue, but does not believe it is legally liable in relation to illegal filesharing activities that any of its customers might seek to engage in.”

A spokeswoman for 3 Ireland confirmed that they too had received legal papers.

Two other mobile ISPs, Vodafone and Eircom subsidiary Meteor, seem to be cooperating with IRMA and are said to be in “advanced negotiations” with the group.

To go after Ireland’s mobile ISPs is an interesting move by IRMA. When disconnections were threatened under the UK’s then Digital Economy Bill, many individuals stated they would use 3G wireless dongles to evade any such ban. Apart from their higher costs of operation, they do have a significant benefits for would-be file-sharers. Operators have stated that due to the way the system is set up, it could be almost impossible to match tracked IP addresses with specific customers.

In the meantime, cable operator UPC continues to dig in its heels by refusing to cooperate with IRMA. Its case will be heard in the High Court in June.

Stay Tuned for updates on This Topic

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Did Warner Bros. pirate antipiracy technology?

Warner Bros. has been sued for stealing an antipiracy technology patent.The claim comes from a German company called Medien Patent Verwaltung.

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Warner Bros Logo

Warner Bros. has been sued for stealing an antipiracy technology patent.

The claim comes from a German company called Medien Patent Verwaltung. According to new infringement lawsuits filed against Warners, Technicolor and Deluxe in New York and Germany, MPV says that in 2003, it introduced the studio to a method of marking films with a distinctive code so it could track back sources of piracy to the exact theater in which an unauthorized copy originated. MPV says it has been trying to get Warners to pay for use of the technology since it allegedly began incorporating the invention in prints throughout Europe in 2004.

“We disclosed our anti-piracy technology to Warner Bros. in 2003 at their request, under strict confidentiality, expecting to be treated fairly,” MPV says in a statement. “Instead, they started using our technology extensively without our permission and without any accounting to us. However, we had taken care to obtain patents to protect MPV’s technology, and we are now in a position where we must assert our rights.”

Warner Bros. declines to comment on the dispute. But we’ve discovered that MPV made a little mistake in its New York lawsuit.

The patent that MPV cites in its complaint is 7,187,633, entitled “Motion Picture and Anti-Piracy Coding.”

But search of the patent records reveals that patent number has another title: “Marking of a Data Medium Material for Information Intended for Reproduction.” There is another patent entitled ”Motion Picture and Anti-Piracy Coding.” The assignee? You guessed it: Warner Bros.

Did the Germans accidentally steal the title of Warners’ own patent when suing the studio for stealing?

The answer appears to be yes. Reached for comment, New York attorney Richard Garbarini, representing the plaintiffs, admits the error and says he will file an amended complaint.

In the meantime, there’s still the larger issue of whether a major studio stole technology to help it prevent people from stealing its movies.