Archive for the ‘Gang Gang Play’ Category

Pirate Party Sues Hollywood Backed Group over Pirate Bay Censorship

The Dutch Pirate Party is taking local anti-piracy group BREIN to court in the hope of overturning a recent order that prohibits the Party from operating a Pirate Bay proxy site. The Pirates claim that the Hollywood backed group is guilty of “legal harassment” and “trampling people’s freedoms.” They demand that the court overturns the previous ‘ex parte’ verdict to allow the Pirate Party to be heard.

The legal battle over Internet censorship is heating up in the Netherlands, as the local Image is Loading....Pirate Party is now suing anti-piracy group BREIN.

Two weeks ago BREIN ordered the Party to take down a reverse Pirate Bay proxy. The site allowed subscribers of two Dutch Internet providers to bypass a court ordered blockade of the notorious torrent site, and BREIN argued that the proxy was sabotaging this order.

Initially the Pirate Party refused to give in to the demands, but when they were confronted with an injunction from the court right before the weekend they had no other choice than to comply. The Pirates took down the reverse proxy and replaced it with a protest page linking to dozens of other ways people can access The Pirate Bay.

On Saturday, BREIN sent a follow-up letter urging the Party to take down these links as well, including the Party’s generic proxy. However, aside from removing the hyperlinks, the Pirates rejected these demands. Instead, they have now announced that they will sue the anti-piracy group.

“By dragging BREIN to court, the Pirate Party finally has the chance to put forward arguments to strike the court injunction that was unilaterally imposed on it last friday by Dutch entertainment industry organization BREIN,” the Party announced today.

Through the courts the Pirate Party hopes to get the ex parte injunction overturned. The Party argues that they have the right to be heard, and say that the court allowed BREIN to take justice into their own hands by adding extra demands under threat of draconian penalties.

“It is time that the industry attack dogs understand that you can’t trample on people’s freedoms for your own monetary gain,” Pirate Party board member blauwbaard says.

“Today we’ll try to explain to the judge how giving BREIN one blocking instrument causes them to stretch it in unjust ways to stifle free speech and the free flow of information. Paraphrasing Victor Hugo, nothing is more powerful than an idea whose time has come,” he adds.

The Pirate Bay case is keeping BREIN busy this month as the group is also taking two new Dutch Internet providers to court to expand the local blockade.

The Pirate Party is glad that finally they will be able to strike back at their nemesis. Freedom of speech and an Open Internet are two core issues of the Party which they are eager to defend.

“The Dutch Pirate Party calls upon all pirates and freedom-loving landlubbers to stand up and support our fight against censorship. Because as Martin Luther King might have said it, were he alive today, ‘freedom on the Internet is indivisible, a threat to freedom of the Internet anywhere is a threat to freedom on the Internet everywhere’,” they state.

Update: Adding fuel to the fire, the prominent Dutch weblog Geenstijl created a proxy redirector at FuckTimKuik.org. Ouch.

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U.S. Government Starts New Round of ‘Pirate’ Domain Seizures

US authorities have resumed “Operation In Our Sites” and have seized several domain names associated with copyright infringement or counterfeit related crimes. Among the new targets are two sites that linked to copyrighted films hosted on third party streaming sites such as megavideo.com and veoh.com. Homeland Security’s Immigration and Customs Enforcement (ICE) has yet to officially announce the new operation.

Over the past several months a series of domain name seizures by the Department of Justice (DOJ) and Immigration and Customs Enforcement (ICE) made headlines across the Internet.

Under the flag of “Operation In Our Sites” the authorities shut down a dozen file-sharing and streaming sites and many more accused of selling counterfeit goods.

Today ICE continued the operation with a 4th round, and the first one since February this year. Although the authorities are yet to give an official comment on the new seizures, We were able to confirm the following targets:

* Re1ease.net
* Watchnewfilms.com
* Dvdcollectionsale.com
* Dvdscollection.com
* Dvdsetsonline.com
* Newstylerolex.com

The first two domains are accused of copyright-related offenses, but did not host any copyrighted films themselves. Both Re1ease.net and Watchnewfilms.com linked to popular movie streaming sites such as Veoh.com and Megavideo.com. The rest of the domains appear to be connected to sales of counterfeit goods.

The new targets were most likely put forward to ICE by movie industry groups. In April of this year ICE director John Morton admitted that his organization was acting based on “tips from industry representatives,” among others.

The authorities are also aware of the fact that the domain seizures themselves are not really an effective tool. As pointed out before, more than half of the piracy-related domains that were seized by Operation In Our Sites simply continued under a different name.

Morton replied to this critique by emphasizing that the seizures also act as “public education about pirating.”

To quash allegedly copyright infringing sites more effectively U.S. lawmakers introduced the PROTECT IP Act last week. Aside from domain seizures, the new bill will also make it possible to block sites on an ISP level, to censor search engines, and to cut funding of allegedly copyright-infringing websites.

We are closely monitoring developments in Operation in Our Sites 4 and if any additional domains are seized we will update this report accordingly.

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Homeland Security Wants Mozilla to Pull “Domain Seizure” Add-On

Homeland Security’s ICE unit is not happy with a Firefox add-on that allows the public to circumvent the domains seizures carried out during the past several months. In an attempt to correct this ‘vulnerability’ in their anti-piracy strategy, ICE have asked Mozilla to pull the add-on from their site. Unfortunately for them Mozilla denied the request, arguing that this type of censorship may threaten the open Internet.

Image is Loading....Last month we were the first to draw attention to a nifty Firefox add-on called “MAFIAA Fire.”

The add-on maintains a list of all the domains that ICE (hence the antidote, ‘fire’) has seized and redirects their users to an alternative domain if the sites in question have set one up. The developers told us that they coded it to demonstrate the futility of the domain seizures, which they find objectionable.

Homeland Security’s ICE unit got wind of the add-on and almost immediately took action to have it taken offline. Although the add-on can be hosted anywhere, they asked Mozilla to remove it from their repository just a few days after it first appeared there.

“Recently the US Department of Homeland Security contacted Mozilla and requested that we remove the Mafiaa Fire add-on,” explained Mozilla General Counsel and Vice President of Business Affairs Harvey Anderson. “The ICE Homeland Security Investigations unit alleged that the add-on circumvented a seizure order DHS had obtained against a number of domain names.”

However, where ICE might have expected a swift take down from Mozilla, the legal and business affairs department of the tech company was not planning to honor the request so easily.

“Our approach is to comply with valid court orders, warrants, and legal mandates, but in this case there was no such court order,” Anderson explains.

According to Anderson complying with the request without any additional information would threaten open Internet principles. So, instead of taking the add-on offline they replied to ICE with a set of 11 well-crafted questions.

Interestingly enough, Mozilla never heard from ICE again.

We can only guess how often U.S. authorities try similar mild censorship requests, but if we look at all the companies and services that kicked out Wikileaks last year we have to assume that it’s not the first time. Only a few dare to stand up to such requests, which is a worrying situation.

“One of the fundamental issues here is under what conditions do intermediaries accede to government requests that have a censorship effect and which may threaten the open Internet,” says Anderson.

“Longterm, the challenge is to find better mechanisms that provide both real due process and transparency without infringing upon developer and user freedoms traditionally associated with the Internet,” he adds.

We got in touch with one of the MAFIAA Fire developers, who told us that ICE never contacted them with a takedown request. And although the add-on would still be available on their own website if Mozilla pulled it, he was happy that they chose to put up a fight.

“Hats off to Mozilla for sticking up to them, at first we weren’t sure if Mozilla would even host it due to its controversial nature, but they truly backed up their open source supporting words with actions,” the developer told us.

Indeed, Mozilla deserves to be applauded here for judging ICE’s request by its content, and not by the envelope in which it was sent.

Meanwhile, the MAFIAA Fire team has published a Chrome version of the add-on today. Both add-ons are Open Source and available on the official website, which also has a mirror here to ensure continuity.

Looks like ICE’s request to Mozilla just backFIREd…

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US Govt. Uses Seized Domains for Anti-Piracy Video

The U.S. Government is celebrating the importance of intellectual property by educating visitors to the domain names it seized in previous months. These visitors are now redirected to an anti-piracy video instead. The viral video is running on 65 of the seized domains which have now become property of the Government, and shows how illegal downloads can financially ruin innocent workers.

Image is Loading....

Over the past several months a series of domain name seizures by the Department of Justice (DOJ) and Immigration and Customs Enforcement (ICE) made headlines across the Internet.

Under the flag of “Operation In Our Sites” the authorities shut down a dozen file-sharing and streaming sites, as well as close to 80 sites selling counterfeit goods. On the majority of these domains, the authorities have now decided to run an anti-piracy announcement to honor yesterday’s World Intellectual Property Day.

“To coincide with World Intellectual Property Day, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) has launched a new public service announcement (PSA) that aims to raise awareness of the economic impact of IP theft,” they announced.

The authorities can “use” the domains for this campaign because the previous owners did not file an appeal. This means that the domains have fallen into the hands of the U.S. Government.

“If no petitions or claims are filed, the domain names become property of the U.S. government. Since “Operation In Our Sites” began, 65 domain names have been forfeited using this process. Other domain names are still in the administrative forfeiture process,” the authorities explain.

Interestingly enough, the video that appears on the domains is an anti-piracy campaign, targeted at those who download illegal movies. However, of the 100+ domains that were seized over the past year, only one (torrent-finder.com) was linked by the authorities to illegal movie downloads. But this falls flat, since Torrent-Finder is actually one of the few sites that appealed the seizure of its domain, and thus not showing the video.

Most of the domains that now link to the video have nothing to do with ‘piracy,’ but were selling counterfeit goods. Something entirely different according to the law, but that doesn’t seem to bother the authorities. If we have to take a guess, we’d say the anti-piracy video was probably put up at the MPAA’s request.

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Wolverine Uploader Pleads Guilty, Set to See Out 2011 in Jail

In 2009 an unfinished copy of the latest in the X-Men movie series hit the Internet. The controversy was unprecedented and as expected the leak has since been thoroughly milked by Hollywood, who even referencing it in a failed case against a BitTorrent tracker. As the claimed original uploader now officially pleads guilty, he faces seeing out 2011 in jail. But after months of FBI investigations, unsurprisingly, no one else faces any charges.

Image is Loading....By now the beginning of the Wolverine leak story is a well-worn tale. In April 2009 an unfinished ‘workprint’ copy of the movie appeared online and spread like wild fire, a month before it was due its official release.

Not surprisingly, Fox – the studio behind the production – went ballistic. The villain behind this crime would be made to pay dearly, they vowed.

Eventually the accusatory fingers began pointing at Gilberto Sanchez, a glass installer and musician from The Bronx. The now 48-year-old said he bought the movie for $5 from a Korean in the street. For the hell of it and against the advice of his friends, he then uploaded it to MegaUpload. A couple of weeks later the FBI turned up and by December 2009 Sanchez was under arrest.

So here we are, exactly 2 years to the day that Sanchez made his somewhat fateful ‘mega upload’ to MegaUpload (the FBI say he also posted two links to the file on public sites), and as expected he has kept his word by pleading guilty.

According to the FBI, Sanchez has admitted to “one count of uploading a copyrighted work being prepared for commercial distribution.” This felony charge carries a statutory maximum penalty of three years in federal prison. It could also be accompanied by “a $250,000 fine or twice the gross gain or gross loss attributable to the offense, whichever is greater.”

But while it took the FBI a matter of hours to arrest the people who uploaded a workprint of Star Wars Episode III after it was leaked in 2005, it took two weeks to track down Sanchez and a whole 8 months to arrest him. What the FBI were doing in that two-thirds of a year is anyone’s guess, but one might presume that given 20th Century Fox’s vow to prosecute to the fullest extent of the law “the source of the initial leak and any subsequent postings” that might provide a clue.

Yet Sanchez is the only person to be facing charges and he falls into neither category.

The post-production studio from where the workprint copy leaked would have been incredibly easy for the FBI to identify – even more so than Sanchez himself – yet they have never even been mentioned. Indeed, someone there must’ve been directly responsible for leaking the movie out (in Fox’s terminology “the source of the initial leak”) but there have been no arrests.

Unsurprisingly, though, the studios didn’t miss the opportunity to try and punish those allegedly making “subsequent postings” of Wolverine. The administrators of FileSoup were charged with conspiracy to infringe copyright on the movie but were recently acquitted.

It now seems almost inevitable that Sanchez will go to jail following his sentencing by United States District Judge Margaret M. Morrow on September 19th this year. However, the movie industry source of the initial leak can sit comfortably, safe in the knowledge that his or her paymasters rarely seek to punish their own.

They have a certain image to maintain.

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