James Burt, a 24 year-old manager at games retailer Electronics Boutique, admitted uploading the game on November 6th, a week before its commercial release in Australia.

In a statement the Japanese games giant said it used a range of forensic techniques to track down the uploader and on 23rd November obtained a Federal Court search order. This was used to locate and seize items from Burt’s property in Sinnamon Park, Queensland, to be used in evidence in the case against him.

As part of the investigation, Burt was also ordered to allow access using his passwords to social networking sites, email accounts and other websites he had used.

Australia traditionally lags behind the United States and Japan when it comes to media releases, but with the release of New Super Mario Bros. for the Wii the reverse was true, leading Nintendo to refer to the leak as a “global issue”.

“This legal proceeding was commenced to protect the creative rights and innovation of game developers, and to combat the growing international problem of Internet piracy,” the company said in a statement.

The game was a sure fire hit on BitTorrent. Data collected by TorrentFreak indicated that by December 27th 2009, the game had been downloaded 1,150,000 times.

Nevertheless, the game was still a huge commercial success. The game sold in excess of 10 million units in its first 2 months on sale – that’s 1 in 6 of all Wii gamers buying a copy – making it the fastest-selling single-platform game ever.

It’s unclear how Mr Burt will be able to pay this huge amount in damages. His salary at Electronics Boutique is unlikely to cover it – if he still has a job there.

Article from: TorrentFreak, check out our new blog at FreakBits.

An NBC representative explained that the network will only cover the highlights because people “are not dying to watch lots of long-form content on a 13-inch screen.” However, at the same time NBC contradicts itself by announcing that it will do all it can to prevent people from accessing unauthorized live feeds or downloads of Olympic broadcasts.

While NBC doesn’t believe there is much demand for live coverage, it will do all it can to prevent the ‘few’ people who do from downloading or streaming the events online. “Our aim is to make access to pirated material inconvenient, low quality and hard to find,” said Rick Cotton, NBC’s Executive Vice President commenting on their Olympic mission.

Once again one of the major entertainment industry outfits has got it entirely wrong. If NBC really wants to prevent piracy they have to offer at least some sort of alternative. Cutting 2,200 hours of live web coverage back to just a few hundred is certainly not going to help in stopping piracy.

NBC reportedly has teamed up with Ustream and Justin.tv, two popular live streaming sites, to use filtering schemes in order to prevent illegal broadcasts. However, it is inevitable that they won’t be able to stop them all since there are dozens of live streaming sites. Preventing torrents from being uploaded will turn out to be even more problematic for the network.

During the Beijing Olympics two years ago, The International Olympic Committee (IOC) asked for “assistance” from the Swedish government with preventing video clips from the Olympics in Beijing being shared via The Pirate Bay. This didn’t help much and during the weeks that followed millions of people continued to download broadcasts of Olympic events.

We assume that in the coming weeks most events will again appear online, despite NBC’s efforts to prevent the Olympics from being pirated.

Article from: TorrentFreak, check out our new blog at FreakBits.

The Pirate Bay chose to appeal the decision and eventually won the court case. The Court of Bergamo ruled that no foreign website can be censored for alleged copyright infringement and the block was lifted temporarily as the case was appealed once again.

A few weeks ago the Supreme Court reviewed the case and ruled that ISPs can be forced to block BitTorrent sites, even if they are not hosted in Italy or operated by Italian citizens. According to the decision by the Supreme Court, sites offering torrent files that link to copyrighted material are engaging in criminal activity.

This week the case once again appeared before the Court of Bergamo where it was decided that all Italian ISPs will have to deny their customers access to The Pirate Bay.

Pirate Bay lawyers Giovanni Battista Gallus, Giuseppe Campanelli and Francesco Micozzi told TorrentFreak that the Court followed the same reasoning as the Supreme Court, and deemed it unnecessary to bring the case before the European Court of Justice.

According to the two lawyers The Pirate Bay is still considering whether to appeal this decision or not, but that will not prevent or delay the block. “We don’t know when Italian ISPs will begin to re-apply the Pirate Bay filters, but we think that this will happen very soon,” Micozzi commented.

Aside from appealing to the Supreme Court, the Pirate Bay’s legal team is also considering bringing the case before the European Court of Justice.

It is doubtful that the verdict will have a strong impact on the piracy rate in Italy. The proposed DNS-filtering scheme can be easily bypassed by Pirate Bay users and there are hundreds of alternative torrent sites that can replace The Pirate Bay.

Article from: TorrentFreak, check out our new blog at FreakBits.

Just over a week after becoming available online in early November 2009, Ink pushed into TorrentFreak’s chart of top 10 most pirated movies with an incredible 400,000 downloads.

Unlike the majority of Hollywood movie bosses, the creators of Ink – Jamin and Kiowa Winans – decided to embrace their new-found pirate fans after the extra publicity pushed the movie to 16th place on IMDb’s movie meter and boosted DVD and Blu-ray sales. Kiowa wrote to TorrentFreak and said that the movie ending up on BitTorrent was “absolutely” the best thing that could’ve happened to it.

Now, Lars Sobiraj from German news outlet Gulli has interviewed Kiowa to see how things have progressed a couple of months on from the initial excitement.

As previously reported, Ink has been downloaded hundreds of thousands of times, so just how many of those translated into real-world sales? Kiowa says that is really hard to put an exact figure on that – they haven’t sold a DVD or Blu-ray for every download but sales have unquestionably gone up.

Money also came in from other routes too. As the movie gained popularity on BitTorrent, many Ink downloaders suggested that there should be a ‘donate’ button on the movie’s website so that fans could give money freely.

“We put that [donation link] up at the urging of some of the downloaders with the message ‘if you have watched Ink online for free and would like to contribute what you can, click here’,” Kiowa explains.

“Guess what country has been the most generous? Germany! Germans have been twice as generous as Americans so… thank you Germany. We have also shipped a lot of Deluxe Bundle fan packs to Germany so Ink seems to be a big hit there.”

Gulli asked Kiowa if she felt the movie had fallen victim to piracy, a notion she strongly denies.

“I think to say victim is to characterize piracy as an all-together awful thing. The piracy of Ink is unquestionably responsible for its popularity around the world. Sure our trailers have been out for over a year and have had plenty of views outside the US, but we think that 70% of the illegal downloads are coming from outside of the US and we do get a good number of international buyers at our online store every day,” she explained.

Before Ink was pirated, the movie’s IMDb rating was a lowly 12,991. As reported in our earlier article, it reached 16 and even moved up to the 14th position at one stage. Incredibly it has stayed as one of the top 200 movies in the world for the last two months, a feat that would have been impossible without the extra exposure.

Looking forward to future distribution models, Kiowa feels that everything will change during the next 10 years as people demand instant and simple access to media and their TVs and computers merge together into one device.

“That said, I’m not sure what the revenue model will be for films,” she notes. “Hollywood producers are quickly finding out that the instant films start circulating on DVD they will wind up on torrent sites.”

Kiowa broadly puts BitTorrent users into two camps – those who want media in an instant and those who want it for free. Noting that there are those who fall into both categories, she acknowledges the challenges that lie ahead in figuring out a way to make this situation bring revenue to the filmmakers.

“I think a reasonably-priced instant download the moment the movie becomes available would largely cure the piracy issue so we will see how it all shakes out over the next several years,” she adds.

As most observers are aware, many music and movie companies consider torrent sites as entities to be crushed and in recent years have set about a strategy to achieve that. Gulli asked Kiowa if she believes that is the correct strategy to deal with the problem.

While one could argue that non-physical digital formats such as MP3 are part of the reason that piracy has flourished in recent years, Kiowa feels that the invention of the iPod has helped to reduce piracy, largely through the existence of competition from one service – iTunes. The movie industry needs to catch up.

“Until the equivalent of the iPod is invented for film or long-format video files I think that piracy is going to be a huge battle ground, one in which I doubt Hollywood will win,” Kiowa predicts.

“There is always a smarter programmer out there that can move faster than bureaucracy. The film industry really needs to set its sights on overhauling its distribution system. Right now there are horrible things like region-coded DVDs that tie up a film’s rights in various countries and this is what has made the film business plenty of money over the years.”

The industry needs to move its thinking to encompass global distribution, says Kiowa, not concentrate on pushing movies out to dozens of separate territories.

“We are going to keep all the rights to Ink and not give them away country-by-country so that when that iPod-for-movies emerges Ink can be the first film that debuts to the whole world,” she says, adding: “That is the hope anyway.”

Looking to the future, partner Jamin is currently working on scripts for two new films, one a sci-fi psychological thriller called ‘The Frame’ and another a sci-fi fantasy called ‘Myth of Man’.

“For the time being we’re just really happy that Ink is rolling along and gaining fans around the world. How ever people come to the film, we’re just happy that they are watching it, Kiowa concludes.

“As Jamin likes to say, the battle of independent films is not piracy, it’s obscurity. Hey – at least we’re winning that one!”

The full interview conducted by Lars Sobiraj, is available here.

Article from: TorrentFreak, check out our new blog at FreakBits.

Below is an excerpt of Twitters blog post revealing the threat.

It appears that for a number of years, a person has been creating torrent sites that require a login and password as well as creating forums set up for torrent site usage and then selling these purportedly well-crafted sites and forums to other people innocently looking to start a download site of their very own. However, these sites came with a little extra — security exploits and backdoors throughout the system. This person then waited for the forums and sites to get popular and then used those exploits to get access to the username, email address, and password of every person who had signed up. Additional exploits to gain admin root on forums that weren’t created by this person also appear to have been utilized; in some instances, the exploit involved redirecting attempts to access the forums to another site that would request log-in information. This information was then used to attempt to gain access to third party sites like Twitter.

So, the company blames ’someone’ of installing backdoors in a torrent site script that was sold to prospective torrent sites operators, something that has apparently gone unnoticed for years. The question that comes to mind immediately is, if this is such a serious and widespread threat, why doesn’t Twitter name the source or at least give some examples of affected sites?

All of the popular public torrent sites are custom built and cannot be the source of the exploit. From the information Twitter has made available it seems they could be blaming a private tracker script for the attack – most private trackers also operate forums which matches Twitter’s description of the sites involved.

There are quite a few private tracker scripts out there and the most established ones, such as TBDev and Gazelle for example, have been examined by untold numbers of experts and come free of charge – any suggestion that they could be involved in underhand activity is unthinkable. But there are also a few scripts that are created by middle-men whose reputations are less-easily tested.

Accusations of including back doors and exploits in tracker code are not new. The owner of Template Shares, a site that sells a heavily modified version of the TBDev BitTorrent tracker script, has been accused by several people of installing backdoors which provide access to the user databases of customers’ sites.

Template Shares is used by hundreds of smaller private BitTorrent trackers.

To warn the public, other online services and the operators of the affected torrent sites, it would be appropriate if Twitter gave out some more information. TorrentFreak will continue to look into this case and will post an update if we find out more.

Article from: TorrentFreak, check out our new blog at FreakBits.

There is no doubt that the final season of the show will again be a strong contender in 2010’s list. However, it already has the honor of becoming the first TV-show to leak online after being recorded using a webcam on a tropical beach.

The copy of the first episode that appeared online two days ago was recorded during a live screening hosted by ABC at an Oahu beach. Well over 10,000 fans of the show attended the screening and at least one of them decided to record it via their laptop webcam.

The recording was posted online a few hours later and is now available on virtually all BitTorrent sites. The video quality is ‘reasonable’ according to initial reports from people who downloaded the file. The sound quality on the other hand is not that good, which is not really a surprise considering that thousands of people were present.

The cammed version of the episode has been downloaded a little over 25,000 times on BitTorrent thus far, which is really low and unlikely to cause ABC to lose any viewers tonight. If anything, it might serve as free publicity reminding people that the new season is starting soon.

From the torrent site comments we indeed learn that the majority of fans say they would prefer to see the episode in full quality on TV, or download a copy on BitTorrent a few hours later. In this case, most people seem to prefer quality over early access, which must be a comfort to the makers of the show.

Article from: TorrentFreak, check out our new blog at FreakBits.

Most of the upcoming features of the Falcon project are still being developed, but those who download the latest Alpha release have the option to take a peak at what to expect from the future. Below we sum up some of the key features.

Access Anywhere

Allowing users to access their BitTorrent downloads from anywhere through a simple web-interface is one of the main goals of the Falcon project. Without having to configure uTorrent and home networks so that they can be accessed remotely, users can simply head over to the Falcon page and connect to their client instantly.

The easy to use web interface is as secure as it gets, a major improvement over the Web UI currently available. When logged in, it gives users all the controls they are familiar with in their regular PC client. Torrents can be added, paused and removed using an interface with a look and feel identical to that of the uTorrent application.

Those who want to try the remote access features require an invite for now. Invites are sent out regularly and those who leave their email address behind should receive one within a few days.

Download Anywhere

Aside from the added security and easy setup, accessing your torrents via the Falcon web-interface offers another advantage – remote downloading. Once a file has finished downloading you can transfer a copy of the file to a remote computer via the web-interface.

This feature is not enabled in the current version of the Falcon web-interface. However, it has been publicly announced in the uTorrent forums so we expect that it will return soon.

Streaming

Another new feature of the Falcon project is the added option to stream video files while downloading. Instead of having to wait until a file has finished downloading, users can already start watching video provided that the download speed is sufficient.

“Our hope is to transform getting media using uTorrent from a ‘load-wait-watch-tomorrow’ to more of a ‘point-click-watch’ experience,” Simon Morris, BitTorrent’s VP of Product Management told TorrentFreak, commenting on the new feature.

Easy Sharing

Also new in the Falcon release is the “Send Torrent” feature. This feature is particularly useful when you want to share torrents with people who do not have a BitTorrent client installed yet.

Right clicking a torrent in uTorrent shows a “Send Torrent” option which then brings up a URL similar to this one. This is a direct link to a download of the uTorrent client with the torrent file included.

Finding Torrents

The Falcon release is expected to make it easier for users to find torrents. The uTorrent team didn’t want to comment on how this will be integrated, but Simon Morris has stated that they are working on “better ability for torrent sites to promote content or search within the client.”

When we asked if this means that uTorrent will come with a built in torrent search engine, Morris said that they are more interested in “APIs rather than bloating the uTorrent user experience.” We’ll see what this means in the months to come.

Further Improvements

The features listed above are just a few of many that will be added to the new uTorrent clients. The latest Alpha release also had a ‘minify interface’ option, for example, and the development team is also working on speed improvements, UI improvements and optional file security features.

Exciting times ahead for uTorrent users.

Article from: TorrentFreak, check out our new blog at FreakBits.

After years of trouble-free operation as the MPAA focused on shutting down the growing ‘threat’ of the snowballing BitTorrent scene, in May 2008 the operator of Newzbin made an announcement.

The company which owns Newzbin had received a threatening letter from the Motion Picture Association (MPA), the MPAA’s big brother. In the letter the MPA claimed that some of the site’s editors (users who report on the location of material uploaded to the worldwide Usenet system) were listing NZBs which linked to movies on Usenet which infringed their member’s copyright.

“Newzbin has recently received two serious complaints regarding the indexing we perform, and raising doubts as to its legality. It is likely that we will in the coming weeks be presented with a court case and have to defend our rights,” said ‘Caesium’, the owner of Newzbin.

Caesium added that the site had never condoned the distribution or indexing of copyright works and insisted that site staff would act immediately to remove any items found to be infringing copyright.

Noting that Newzbin would defend itself vigorously against the complainants, Caesium said he believed that linking to content on Usenet is entirely legal and that the site’s procedures for dealing with unlawful content were appropriate.

“We believe that, or we wouldn’t still be here,” he added.

In December 2008, Newzbin confirmed that it had been removing NZB files which allegedly linked to copyright works stored on Usenet. The MPA still chose to file an injunction against the site.

Now, well over a year later, the showdown of Twentieth Century Fox Film Corporation & ors v Newzbin Ltd is set to begin next week before Mr Justice Kitchin in London’s High Court.

According to an announcement yesterday by Newzbin’s legal team, the case should last around a week but it’s unknown when any verdict will be handed down following its conclusion.

As we all know, the recent trial of Alan Ellis ended in an acquittal for the ex-OiNK admin and, just like Newzbin, his site hosted no copyright works and provided only meta data which linked to material hosted elsewhere.

However, Ellis’s charge was one of fraud, allegedly conducted by an individual and dealt with under criminal law, while that leveled against Newzbin is one of allowing and inducing illegal copying, i.e copyright infringement, but carried out by a bona fide company under civil law.

After Ellis’s acquittal, John Kennedy of the IFPI expressed disappointment at the “spectacular failure” of the criminal action and suggested that these type of complex cases should not be held in a crown court, but in the Chancery Division of the High Court.

This is exactly where the Newzbin case is being heard, so this is certainly one to watch. Unlike Ellis who faced possible jail time, Newzbin faces a claim for damages should it lose its case.

Article from: TorrentFreak, check out our new blog at FreakBits.

At the end of July 2009, new anti-piracy legislation took effect in South Korea which aggressively targeted illicit file-sharers and other online copyright infringers. The laws, created by the country’s Ministry of Culture, Sports and Tourism, gave the authorities the power to disconnect pirates for up to 6 months.

According to the annual report of state-run piracy monitor the Korea Copyright Commission, it detected 35,345 cases of copyright infringement from so-called ‘cyberlocker’ services and P2P sites in 2009, nearly three times as many as the 2008 total of almost 12,000. Video and music infringements accounted for around 32% of all violations. Cases against individual file-sharers are still to be revealed.

This tough legislation was welcomed by the IFPI, who in their Digital Music Report 2010 labeled the action as the correct response to a “crisis”. The music group noted that digital sales had jumped 53% in the first 9 months of 2009, although sales of the same had already risen by 18% in the first 6 months of the year – pre-legislation – largely due to the fresh availability of legal alternatives.

However, according to the results of a survey carried out by Hong Kong-based Music Matters of 8,500 people in 13 countries, South Koreans still committed the second greatest number of online music infringements in 2009.

Released at the 2010 MIDEM event, the results revealed that the top spot was taken by the Chinese, with around 68% of users admitting they had downloaded music without paying for it. The South Koreans took second position with 60% with the Spanish coming in third with 46%.

The South Korean Ministry of Culture, Sports and Tourism has cast doubt on the report though. Apparently the question asked by Music Matters to those surveyed was a rather ambiguous “Have you downloaded music from the internet without payment?”

It’s impossible to say if the respondents felt that, for example, an ad-supported service like Spotify or other legitimately free services should be taken into account when giving a response.

In the meantime, the South Korean government has asked news outlets not to publish the results of the survey until they’ve had a chance to look into its validity. Those calls have been widely ignored.

Article from: TorrentFreak, check out our new blog at FreakBits.

This week, Microsoft joins the fight as the software company announces that it will pursue LinkoManija’s alleged operator Kestas Ermanas and his company in court.

The action against Lithuania’s largest BitTorrent site, which is in the top 10 of the most visited websites in the country, has been approved by the US headquarters of the software giant.

The defendant and his company are accused of facilitating copyright infringement of Microsoft’s Office 2003 and 2007 through their involvement with the BitTorrent tracker.

Together with local anti-piracy outfit LANVA, Microsoft has requested 107 million Lithuanian litas ($43 million) in damages at the Vilnius Regional Court. However, under Lithuanian law Microsoft can get up to $53,000 in damages at maximum.

In response to the demands from Microsoft, the assets of Kestas Ermanas and his company were seized and associated bank accounts frozen.

TorrentFreak briefly spoke with the defendant who is pretty shaken up by the news, but is claiming Microsoft sued the wrong people. We were told that as of 2010, he and his company no longer run LinkoManija. Kestas and his company operated the site until December last year.

Kestas further told us that Microsoft’s move surprised him, as the company has never sent a torrent takedown request to the popular BitTorrent tracker. “We informed them that we wanted to cooperate with them, they just had to give us the links to the infringing torrent files,” Kestas said, adding “they never wrote back to us.”

In addition to Kestas and his company, Microsoft is also pursuing legal action against LinkoManija’s users. In November last year, 106 users of the site were reported to the police and one of them will go on trial next month.

Article from: TorrentFreak, check out our new blog at FreakBits.

Of course, just as was the case with the iPhone, a resourceful hacking community is standing by to tear the tablet apart too, forcing it to run their own software designed to do tricks that Apple never intended. The holy grail – running pirate software.

The original Installous application was created by a coder named Puy0. For use on jailbroken iPhones, the web-browsing, downloading and installing application was used by hundreds of thousands of iPhone users to obtain free applications.

After completely rewriting the original Installous code, Puy0 subtly renamed Installous to Install0us, left his home at the infamous Hackulo.us forum, and moved to his own forum at Install0us.com. This move caused a bit of a split in the community, with some people moving to join Puy0 at Install0us.

Although it may have appeared otherwise, in common with a web browser viewing a torrent index, Installous and Install0us only ever showed web pages which in turn provided just links to copyright works, but even this providing this functionality was enough to give Puy0 legal concerns.

Puy0 has now revealed that for some time he has been searching for a specialist copyright lawyer to find out what the legal position is with Install0us. After a three month search he finally found a good one and entered into a discussion – the outcome wasn’t good.

The conclusion is that if it came to court, it would be very difficult for Puy0 to defend his position and that of Install0us. With this in mind, the decision has been taken to discontinue the Install0us project. The forums will close along with the repositories used to access the software and everything will be deleted.

“The bad news is, however, Install0us 3 will not and cannot ever be released. It all must end here. This is extremely disappointing for all of us, considering the time and energy we have spent on it,” explains Puy0.

“Call me a coward, but as I said, hiding under covers is not a life for me. Moreover, these days in my country piracy is a hot subject among politicians… I do not want to be flamed in a trial for something that I do as a hobby, and I do not want to involve any people with me in this. I am sincerely sorry to the people who followed me thinking we were legit, my honest mistake,” he concludes.

Sites like that carry links to the downloadable apps will still be viewable through existing versions of Install0us, at least for now.

The longest-established and famous Appulous index, which runs on a single server, is maintained by an individual who hasn’t been active in the community in over 6 months due to an extremely busy personal life. This means that those who maintain the index have had no idea how long the project would continue for and have been living month to month.

iPhone app cracker most_uniQue told TorrentFreak that the solution was found with the creation of a new project. Launched just one week ago, Apptrackr.org has the same layout and features as Appulous, but operates on multiple servers with active admins. Apptrackr also acquired the database from Appulous, so it carries links to all the same apps as Appulous.

Of course, the community is super-resourceful and replacements for lost projects are never usually far away. TorrentFreak can exclusively reveal that the admins at Hackulous have confirmed that a replacement for Install0us is currently under development.

“Installr” will be released in the near future.

Article from: TorrentFreak, check out our new blog at FreakBits.

Baidu has become increasingly popular with the Chinese population for its MP3 indexing abilities. While its “MP3 Search” provides algorithm-generated links to millions of undoubtedly illicit copyright tracks hosted by others (so-called “deep-linking”), Baidu has always insisted that the provision of such links alone is entirely legal. Needless to say, IFPI, the global music group, disagrees strongly with this assertion.

“The music industry in China wants partnership with the technology companies – but you cannot build partnership on the basis of systemic theft of copyrighted music and that is why we have been forced to take further actions,” said John Kennedy, Chairman and Chief Executive of IFPI, in a February 2008 statement.

Bolstered by an earlier ruling against Yahoo China, by further actions Kennedy unsurprisingly meant “legal actions.” In early 2008, IFPI (Sony BMG, Universal Music and Warner Music) sued Baidu.com for $9m. Today the result of that case has been made public.

Beijing No.1 Intermediate People’s Court has cleared Baidu on accusations of copyright infringement, with a court statement showing that simply providing search results does not breach Chinese copyright law. According to lawyer Sun Yan, the case against the search giant fell because IFPI failed to identify the actual sites hosting the illegal music downloads.

IFPI has challenged Baidu – and lost – in the Beijing No.1 Intermediate Court before. In September 2005, IFPI filed claims regarding nearly 200 music tracks it claimed were made available via Baidu. In 2006, the Court ruled Baidu was not infringing copyright. IFPI appealed to the Beijing Higher People’s Court which upheld the earlier ruling.

Article from: TorrentFreak, check out our new blog at FreakBits.

Radiohead and others are unhappy with the fact that the labels, represented by lobby groups such as the RIAA and IFPI, are pushing for anti-piracy legislation without consulting the artists they claim to represent. Radiohead, who used BitTorrent to leak one of their songs, went as far as being willing to show up as a witness against the RIAA in court.

In a new MIDEM interview, Radiohead guitarist Ed O’Brien stands up for file-sharers once again, stating that piracy is not killing the music industry in his view.

O’Brien is no stranger when it comes to piracy. “There’s a very strong part of me that feels that peer-to-peer illegal downloading is just a more sophisticated version of what we did in the 80s, which was home taping,” he said, something the music industry strongly discouraged at the time.

“If they really like it, some of them might buy the records,” he said, adding that if they don’t buy the albums they might buy a concert ticket, t-shirt or other merchandising.

“I have a problem about it when people in the industry say ‘it’s killing the industry’, it’s the thing that’s ripping us apart’,” O’Brien said, adding: “I don’t believe it actually is.”

According to O’Brien the music industry is using analogue business models in a digital age. “You’ve got to license out more music, more Spotifys, more websites selling more music. You’ve got to make it slightly cheaper as well to get music in order to compete with the peer-to-peers.”

Radiohead’s guitarist says he’s surprised that the music industry is still struggling with the digital transition, and urges the labels to “move quicker” and get their content out there at a fair price.

Article from: TorrentFreak, check out our new blog at FreakBits.

After many years of keeping a low profile, on Monday 27th July 2009, police and the MPAA-funded anti-piracy group FACT conducted a raid on the home address of the owner – known to all in the torrent community as ‘TheGeeker’.

It didn’t matter that since 2005 FileSoup hadn’t operated a tracker and never hosted any copyrighted content, Geeker’s offense was initially labeled as “Distribute Article Infringing Copyright”. The full details of the raid and aftermath can be read in our previous article.

Despite all the turmoil, Geeker was never asked or told to close down the site, so naturally it stayed open, supporting the loyal and passionate community it had built over the previous 6 years.

But then, on January 6th this year, without warning FileSoup simply vanished. Of course, as the days went by there was the usual speculation, but the reason for the disappearance was not as sinister as some believed.

A few days before FileSoup went down, TorrentFreak was told by a number of readers that a company they had rented seedboxes from had simply stopped responding. Despite their claim to offer “premier customer satisfaction,” JMHServices.com disappeared leaving many of its customers out of pockets, some by hundreds of dollars. In an email, NetDirekt, a provider that JMH co-located with, confirmed that the company had not been paying their bills.

Unfortunately, JMHServices was FileSoup’s host too, and when they went down, so did the site.

On Monday 11th, Geeker returned to the police station to answer his bail and was again interviewed at length about FileSoup. Various items that were originally seized were returned, including a mobile phone, sat nav and video camera.

Understandably this experience with the police is proving upsetting for Geeker, the JMH situation was yet another kick in the teeth and for a while it looked like FileSoup would be no more, such is the pressure.

Geeker told TorrentFreak that the goal for FileSoup right from the very beginning was always to be a really friendly and open community site all about BitTorrent and filesharing – a place where people could come and find out everything they needed to know in a fun and helpful atmosphere, not just to get torrents.

“It is so upsetting for me and for every member I’ve heard from since Filesoup went offline, to think that we’re all going to lose the friends and the site we all worked so hard to build up over the last 6+ years,” Geeker explains.

But things are looking up.

The hunt is now on to find people with the necessary expertise, knowledge and free time to bring FileSoup back as a great community site.

“Over the next couple of weeks, I’m hoping to find and speak with some like minded people to help me, so fingers crossed, if everything works out well, Filesoup could be back online again real soon,” he told us.

Geeker’s new bail date is currently set for Tuesday 13th April. I’m sure our readers will join us in wishing him well.

Article from: TorrentFreak, check out our new blog at FreakBits.

Despite this extended downtime, the semi-private tracker came in at an impressive 20th place in our list of Top 25 torrent sites of 2009.

With hundreds and thousands of daily visitors and an Alexa rank of 657 last month, it’s undoubtedly a popular site, especially since one needs an invite to gain access.

Well, normally that’s the case. Currently the situation is different.

Whether this is a bug (maybe as a result of the admins having to rewrite some of the site code after the crash) or entirely intentional, we just don’t know, but currently it seems that anyone can browse and download torrents from Demonoid without being a member.

We’re not exactly sure how long this has been the case, but it has been a little while now, perhaps since the site returned after its break.

Demonoid, it seems, has changed from a semi-private to a public tracker.

Enjoy!

Update: A few people have mentioned that it’s been possible to download 3 to 5 torrents a week as a guest in the past. After downloading a dozen today, we’ve still not reached any limit.

Article from: TorrentFreak, check out our new blog at FreakBits.

Yesterday the music industry lobby group IFPI presented its 2009 figures, again putting the blame for decreased physical sales on file-sharers. Unfortunately, most mainstream media outlets simply reposted the IFPI press release and their flawed analysis. In general, no effort is made to actually balance out or check the message being sent out to millions of readers.

In their annual Digital Music Report, IFPI states that file-sharers are half as likely to buy physical CDs than the average music buyer. Although the report is about digital music, they carefully avoid saying anything about file-sharers and digital sales. That would actually show a completely different picture as we will explain below.

The music group made this statement based on an IFPI-commissioned study that was executed by Jupiter research. Although IFPI refused to share the entire research report with TorrentFreak, we can conclude the following from the two pages that were published online.

Compared to music buyers, music sharers (pirates) are…

* 31% more likely to buy single tracks online.
* 33% more likely to buy music albums online.
* 100% more likely to pay for music subscription services.
* 60% more likely to pay for music on mobile phone.

These figures (as reported by the music industry) clearly show that file-sharers buy more digital music than the average music buyer. In fact, the group that makes up the music buyers category actually includes the buying file-sharers, so the difference between music sharers and non-sharing music buyers would be even more pronounced.

How can this be true and why was there no mention of this in the Digital Music Report? They must be spending less on digital music then, right? But again, this is not the case at all. On average, file-sharers actually spend more than non-sharing music buyers. At least that’s what Mark Mulligan, Vice President and Research Director at Forrester Research who conducted the study for IFPI told us.

Mulligan has his hands tied and couldn’t say much about the findings without IFPI’s approval, but we managed to get confirmation that paying file-sharers are the music industry’s best customers. “A significant share of music buyers are file sharers also. These music buyers tend to be higher spending music buyers,” Mulligan told TorrentFreak.

So why do file-sharers download music without paying? According to the annual IFPI report, one of the main reasons people share music is because it’s free. This leads the music industry group to conclude that they are cheapskates and not willing to pay for music at all. But, as the above clearly shows, they are misinterpreting this finding, and we’d like to explain why.

In the digital age, people’s demand for music has changed significantly, but their budgets are still limited. The average file-sharer is currently spending $100 a year on music according to IFPI’s own research, not really a group that can be classified as freeloaders. However, their demand for music simply exceeds their budget and that’s where they start downloading music on file-sharing sites, because it’s free.

Just to be clear on our motivation to balance the ‘facts’ as reported by IFPI. We are not advocating that all music should be free and neither do most of the music lovers who share files online. However, the music industry continues to ignore that file-sharing is much more of a signal from the market that it is the increased demand for music that fuels piracy.

The solution to the problem is relatively easy. Start offering more unlimited and unrestricted music services and piracy will go into a free-fall. File-sharers are already paying for digital music, and they pay more than the average music consumer. File-sharing is simply a market signal showing that there is a need to compensate for the lack of high quality and affordable subscription services.

If anything, the music industry should have more respect for file-sharers, as they are their most valuable consumers. They are ahead of the curve and actually leading the way for the future of digital music, buying more digital music than anyone else. It’s the music industry that has to change, not the other way around.

Article from: TorrentFreak, check out our new blog at FreakBits.

The project was supposed to generate a healthy revenue stream to support the company in tough economic times. A few months later, however, the project has been canceled and the site closed, as the company focuses on other ways of satisfying its users.

“Over the past six months, we prioritized our projects to focus development on features that were gaining significant traction with our community. As part of this prioritization, StudioHD was closed in November,” a spokesman at Vuze told TorrentFreak.

Although Vuze officially claims that the closure of StudioHD is a matter of changed priorities, we assume that it was not as profitable as the company had projected. This is not really a big surprise, as even the ‘free’ adult torrent sites are having trouble keeping up with the increasing popularity of adult video streaming sites.

The Vuze spokesman told TorrentFreak that the company will instead focus on integrating devices and torrent search capabilities into its client.

“Almost half our active community use Vuze Device integrations to watch their media on screens other than their computers (iPhone, iPod, PS3, Xbox 360 etc). They’ve successfully transferred more than 50m files to other screens since launch last March.”

In addition to the successful device integration, the built-in search capabilities using existing torrent sites such as isoHunt and BTjunkie, has gained in use significantly. Three quarter of all Vuze users are searching for torrents using the feature, compared to 55% a year ago.

Ironically, this integrated search allows users to find thousands of adult torrents that can be downloaded for free. No paid subscription needed. Could that be one of the reasons why the StudioHD subscription service was canceled?

Article from: TorrentFreak, check out our new blog at FreakBits.

“We’re talking to the other torrent admins on doing magnet links,” a Pirate Bay insider told TorrentFreak, adding that they might even stop serving torrents in the future.

Following this announcement, several torrent clients quickly added support for magnet links. The format was already supported by uTorrent and Vuze, but Transmission, BitComet and others soon followed after the Pirate Bay announcement.

Although magnet links work very well, BitTorrent cannot rely solely on this type of link just yet. The .torrent files still hold crucial information needed to start the downloading process, and this information has to be available in the swarm.

Despite this, it is possible to setup a torrent site without torrents, solely relying on magnet links and saving precious bandwidth and resources. This is exactly what the newly-launched TorrIndex does.

Instead of hosting torrent files, the site uses magnet links exclusively. The magnet links on TorrIndex also include the trackers from the original torrent, and they are properly formatted so they look just like regular torrent downloads in your torrent client.

TorrIndex gathers the links from various other torrent sites on the net and also allows users to add magnet links to the site. At first sight it seems that the site uses well respected and moderated sources, since the number of fake and spammy magnet links are lower than on many regular torrent sites.

Aside from the fact that TorrIndex is the first magnet-only torrent index, the site’s setup is pretty straightforward. There is no option to comment on any of the links and there are no other fancy features, it’s just a searchable index of magnet links.

TorrentFreak contacted the owner of the site, who told us that everything is totally automated. The magnet links are put in categories automatically based on the filetype, size and a few other parameters.

Another novelty is that TorrIndex is the first to use DHT information for their seed and peer count, in addition to the statistics reported by the trackers. “We collect the numbers from trackers and the DHT cloud,” the owner said.

TorrIndex is currently still in the Beta testing phase, so don’t be surprised if something appears to be broken. We’re told that the design will be updated and comment and torrent rating features are under consideration.

The site proves that it’s possible to start a torrent site without having to host actual torrent files. We predict that many sites like this will follow in the months to come, and it wouldn’t surprise us if The Pirate Bay also converts to a magnet-only index in the future.

Article from: TorrentFreak, check out our new blog at FreakBits.

Downloading music illegally, or watching a movie online without paying, was okay with a much smaller group, 18 and 13 percent respectively.

In fact, hiding your online porn viewing habits from your spouse is still more morally accepted than downloading a movie or music album without paying for it. Of the respondents, 18 percent thought that is was fine to secretly watch porn in a marriage.

At first sight the results of the survey are not really that surprising. Downloading music and movies without consent from the copyright holders is in violation of the local laws in New Zealand and watching porn obviously isn’t. Still, a closer look at the findings reveals some remarkable inconsistencies.

Firstly, most of the adult entertainment is actually viewed on sites that are dominated by copyright infringing content. So, many of the people who watch porn online are actually pirating as well, without realizing it.

Another remarkable finding was that people seem to be fine with copyright infringement if it’s on a video streaming site such as YouTube. Of all respondents, 31 percent said that it is morally acceptable to stream copyrighted TV-shows on YouTube, while only 13 percent believed that downloading copyrighted video was morally okay.

Thus, streaming copyrighted content is somehow perceived as more acceptable for some odd reason. The 5 percent difference between the moral acceptability of music and video downloading is another mystery that is left unexplained.

Overall, this survey shows how malleable peoples’ perceptions are when it comes to copyright issues online, with approval rates swaying back and forth between different types of media and the various distribution platforms.

Article from: TorrentFreak, check out our new blog at FreakBits.

It is difficult to downplay this success. BREIN must have been absolutely delighted that all their hard work and investment had paid off, stopping Mininova in its tracks just a short time after the site had served up its 10 billionth torrent.

The Dutch anti-piracy group also had a fairly significant victory over The Pirate Bay. In common with the earlier decision against Mininova, a Dutch Court ruled that The Pirate Bay has to remove a list of torrents linking to copyrighted works by 1st March 2010.

While it had a win over Mininova and a limited win over The Pirate Bay, both of which attracted mountains of press, it seems the Netherlands-based group has been hiding its biggest successes from almost everyone.

According to figures just released by BREIN, the group shut down a staggering 615 “illegal websites” in 2009 and, apparently, BitTorrent sites made up the majority.

TorrentFreak knew that BREIN had shut down a handful of torrent sites, 19 very small sites for example (plus TorrentVault which was targeted but still operates today via Sweden), but we were absolutely oblivious to the sheer numbers now being claimed.

Total BitTorrent sites BREIN said it closed down in 2009 – a staggering 393.

And it doesn’t stop there. The anti-piracy group also says it shut down 35 eD2K servers, 38 streaming video sites and 14 Usenet portals/NZB sites.

While these closures would have no doubt been very noticeable for those that used the sites and services in question, one has to question how many people were actually using them. Unfortunately, we’re a little bit in the dark, since aside from the sites we mentioned above, a grand total of zero emails flooded into TorrentFreak during 2009 requesting information on the other several hundred closures.

So, if you know any of those we haven’t listed, please post them in the comments. We’d love to know exactly how much damage these closures did to BitTorrent. Our suspicions at this point are, not very much at all.

Article from: TorrentFreak, check out our new blog at FreakBits.