Archive for the ‘Politics’ 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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Spanish ‘SOPA’: 79 Site Takedown Requests in First Month

Spain’s Ministry of Culture has just reported on the first month’s activities following the introduction of the country’s ‘Sinde’ anti-piracy law. The controversial legislation, described by some as a Spanish version of SOPA, took effect March 1st and since that time rightsholders have been busy filing notices. Almost 300 complaints have been filed in total including 79 site takedown requests.

After being threatened with a place on a United States trade blacklist, the Spanish government passed the so-called Sinde Law, legislation that allows for the blocking of allegedly infringing sites based on reports from copyright holders.

On March 1st the Sinde law went into effect and now, a month on, the Spanish Ministry of Culture has revealed that in total almost 300 official complaints have been received.

The Comisión de Propiedad Intelectual (Copyright Commission) has received 213 copyright complaints plus 79 closure requests from rightsholders against specific websites accused of online piracy.

The Commission will investigate all allegations and has the power to dismiss claims or set the ball rolling for further action, including the removal of links said to infringe copyright through to the court-ordered closure or ISP blockade of entire websites.

Although the process between complaint and site shutdown can in theory be completed in about a month, the Ministry of Culture reports that no punitive action has yet been taken in respect of the 300 complaints.

It is not clear how many of the complaints being processed, if any, are the result of a hacktivist sabotage campaign launched on the day the Sinde law came into effect.

The group Hackivistas encouraged sites to link to a copyrighted track from artist Eme Navarro, a member of the music rights group SGAE but also an outspoken critic of the Sinde law. Hundreds of websites reportedly linking to Navarro’s song without permission, with Navarro subsequently reporting them to the Ministry of Culture.

While the initial aim of the campaign was to overload the Commission, it was also designed to discover more about the uncertain takedown process. Current thinking suggests that Spanish hosting companies will be asked to shut down non-compliant websites and ISPs will be asked to block those hosted outside Spain.

In theory it’s possible to shut down sites within a month, which could mean that the first closures from the first batch reported by the Ministry of Culture will be seen in April.

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Criminals Target Megaupload Users With Fake Settlement Demands

Criminals are attempting to extort Internet users by claiming there could be financial implications for those who used file-sharing site Megaupload for infringing activities. For the past several days a fake law firm claiming to act on behalf of entertainment companies such as Universal, Sony, EMI and Paramount has been claiming cash settlements from innocent victims.

Schemes which require alleged copyright infringers to pay cash settlements to make lawsuits disappear are nothing new.

Those describing these revenue-generating projects often do so using the word ‘scam’, but while the schemes are questionable, in many cases the companies carrying them out are genuine rightsholders supported by real lawfirms.

Over the past couple of days a pair of cast-iron scams have been targeting file-sharers, one mimicking the model used by so-called ‘pay-up-or-else’ lawfirms and another with a more technical approach.

The first targets users of the now-defunct cyberlocker service Megaupload. Playing on the fears of people who may have used the site for infringing purposes, the documents supporting the scam claim to be from legitimate-sounding German lawfirm “Dr. Kroner & Kollegen” of Munich.

As can be seen from the screenshot below, the fake lawfirm claims to be acting on behalf of rightsholders such as Universal, Sony, EMI, Warner and Dreamworks.

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Supported by fake IP addresses and timestamps, the scam ‘lawfirm’ lays out its case. Since the user has downloaded unauthorized copyrighted material from Megaupload they are now liable for fines of 10,000 euros should the case not be dealt with effectively. But for a payment of just 147 euros the whole thing can be made to go away.

Other suspicious elements aside, no specific copyright works are named and the claim is missing the usual ‘cease and desist’ element common to these schemes. Furthermore, according to a OnlineKosten, any cash payments made would end up at an address in Slovakia.

Separately, GVU, an anti-piracy group responsible for the takedown of many file-sharing sites, has been targeted in a more sophisticated scam. According to the group, which was central to the huge operation that closed down Kino.to last year, a piece of malware is doing the rounds which tries to scam file-sharers out of cash settlements using GVU’s name.

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As can be seen from the screenshot above, infected users find their browsers hijacked and redirected to a page which displays a warning, claiming to be from GVU, that the computer in question has been detected sharing copyright works.

In a clear indication that this is definitely a scam, settlement of just 50 euros is requested via PaySafeCard to make a potential claim go away.

“The sender of this message is not GVU and we clearly distance ourselves from such criminal activities,” the anti-piracy group said in a statement.

SOPA-style Blackout of 100+ Music Sites by Court Orders

Every single ISP in India has been ordered to block 104 sites offering unauthorized music. A total of 387 ISPs must block the sites immediately via DNS and IP address blocking, backed up with Deep Packet Inspection. While the IFPI praised the action, their Indian counterparts are singing are more interesting tune – they don’t want to destroy their opponents, but bring them into the business.

“Content theft is a global problem and we must have a global commitment to solving it. This is an important opportunity for the Indian government to move forward with strong protections against online theft,” MPAA chairman and CEO Chris Dodd told the Federation of Indian Chambers of Commerce and Industry conference this week in Mumbai.

“We encourage the Indian film industry to reject as we have, the false argument that you cannot be pro-technology and pro-copyright at the same time,” he continued.

In framing “content theft” as a problem affecting the county’s middle-classes and alongside a clear dig at the likes of Google and Wikipedia, Dodd’s words could have been pulled verbatim from any pro-SOPA speech. But unlike the United States, India doesn’t need new legislation to allow site blocking – they already have it – and Dodd must be as jealous as hell.

Indian film companies have previously obtained court orders to have sites blocked at the ISP level but in recent weeks the IMI, the RIAA-like Indian Music Industry trade group, has shown the movie industry how it’s really done.

In a series of court actions at the Calcutta High Court, 142 music companies of the IMI have succeeded in obtaining orders to force every ISP in India – 387 in total – to block 104 sites (list here) the industry accuses of online piracy.

And when it comes to implementing the blocks, there are no half-measures. ISPs have been ordered to implement DNS and IP address blockades and for those thinking of using a DNS outside India, Deep Packet Inspection will step in to ensure the domains remain blocked.

“This decision is a victory for the rule of law online and a blow to those illegal businesses that want to build revenues by violating the rights of others,” said IFPI CEO Frances Moore in a statement.

But in a clear signal that for the music and movie industries even the toughest of anti-piracy measures are never enough, Moore says that current developments are a good start.

“The court ruled that blocking is a proportionate and effective way to tackle website piracy,” Moore noted, adding that the Indian government should now “build on this progress” by advancing further legislation to tackle digital piracy.

As tough as the Indian court orders are, already their weaknesses are being probed. One of the key sites on the lists – Songs.pk – has already circumvented the blockade by resurfacing with the new URL of Songspk.pk since the blockade was incapable of physically taking the Czech-hosted site offline.

But although the Indian labels have taken the nuclear option in blocking huge numbers of sites, Apurv Nagpal, CEO of Saregama, one of India’s largest music labels says that they don’t want to destroy their opponents. Interestingly, Saregama acknowledges the pirate sites’ “passion for music” and says the industry wants to befriend them.

“We don’t want these sites to be shut down, we want them to pay a license fee and flourish as a business,” Saregama said. “There are legitimate businesses in operation too. The scope is there, and we want these sites to be legal.”

It would be a cold day in hell before Westerners heard the likes of Chris Dodd or Frances Moore make a statement as radical as that. But if the stick is to work long-term it has to be backed up with a sizable carrot, and if the pirate sites really do only want money, surely that’s their Achilles’ heel right there.

MegaUpload Shut Down by the Feds, Founder Arrested

MegaUpload, one of the largest file-sharing sites on the Internet, has been shut down by federal prosecutors in Virginia. The site’s founder Kim Dotcom and three others were arrested by the police in New Zealand at the request of US authorities. MegaVideo, the streaming site belonging to same company, and a total of 18 domains connected to the Mega company were seized and datacenters in three countries raided.

Just a few weeks ago, MegaUpload founder Kim Dotcom told us that his Mega venturesImage is Loading.... have nothing to worry about, as they operate within the rules of the law.

“Mega has nothing to fear. Our business is legitimate and protected by the DMCA and similar laws around the world. We work with the best lawyers and play by the rules.

“We take our legal obligations seriously. Mega’s war chest is full and we have strong supporters backing us,” Dotcom said.

But behind the scenes powerful forces were at work, plotting the forceful demise of MegaUpload, one of the world’s biggest websites.

An indictment unsealed today by the Department of Justice claims that MegaUpload has caused the entertainment industries more than $500 million in lost revenue and generated $175 million “in criminal proceeds.”

Two corporations – Megaupload Limited and Vestor Limited – were indicted by a grand jury in the Eastern District of Virginia on January 5th, 2012, and charged with “engaging in a racketeering conspiracy, conspiring to commit copyright infringement, conspiring to commit money laundering and two substantive counts of criminal copyright infringement.”

Today, the authorities executed in excess of 20 search warrants in the United States and eight other countries.

Data centers in the Netherlands, Canada and Washington housing MegaUpload’s equipment were raided. In an apparent reference to the latter location, a source has just informed us that the FBI are currently detaining everyone at the ISP Cogent Communications’ headquarters in Washington DC, in connection with a Mega-related search warrant.

In addition to MegaUpload founder Kim Dotcom who was arrested today in New Zealand, another six alleged members of the Mega “conspiracy” were charged in the indictment:

- Finn Batato, 38, Mega’s chief marketing officer and a citizen and resident of Germany
- Julius Bencko, 35, Mega’s graphic designer from Slovakia
- Sven Echternach, 39,Mega’s German head of business development;
- Mathias Ortmann, 40, the German CTO, co-founder and director of Mega
- Andrus Nomm, 32, programmer and head of the development from Estonia
- Bram van der Kolk, 29, a Dutch citizen who oversaw programming and network issues.

Dotcom, Batato, Ortmann and van der Kolk were arrested today in Auckland, New Zealand, by authorities there. Bencko, Echternach and Nomm are still at large.

The authorities seized approximately $50 million in assets, which appears to include Kim Dotcom’s treasured collection of several dozen cars, as detailed below.

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A total of 18 Mega-related domains were also seized by authorities including Megastuff.co, Megaworld.com, Megaclicks.co, Megastuff.info, Megaclicks.org, Megaworld.mobi, Megastuff.org, Megaclick.us, Mageclick.com, HDmegaporn.com, Megavkdeo.com, Megaupload.com, Megaupload.org, Megarotic.com, Megaclick.com, Megavideo.com, Megavideoclips.com and Megaporn.com.

According to the Department of Justice, the individuals named in the indictment face a maximum penalty of 20 years in prison on the charge of conspiracy to commit racketeering, five years in prison on the charge of conspiracy to commit copyright infringement, 20 years in prison on the charge of conspiracy to commit money laundering and five years in prison on each of the substantive charges of criminal copyright infringement.

The legal action against Mega will set a precedent for similar cloud-hosting services. The MegaUpload site itself had no search function to discover content directly, but according to the indictment this was done to “conceal the scope of its infringement.” Would the same be true for services such as Dropbox?