However, those who thought that these landmark cases would change public opinion towards file-sharing are wrong. In fact, not even the draconian anti-piracy legislation that went into effect in Sweden this spring could change social norms towards downloading movies and music without the permission of copyright holders.

These findings are the result of the Cyber Norms sociological research project carried out by Swedish researchers. They conducted survey interviews among 1,000 people between the ages of 15 and 25 to measure the strength of the social norms towards illegal file sharing. The aim was to find out whether the newly implemented anti-piracy legislation (IPRED) had been successful in reducing the gap between legal and social standards.

The findings of the surveys show that despite stronger anti-piracy legislation, the attitudes of young Swedes towards piracy haven’t changed.

“Despite the intensive efforts of the government during the six-month performance period, social support for copyright law in relation to file sharing is still at a record low. Young people in the survey do not feel any social pressure to refrain from interchange, whether from adults or peers,” researcher Måns Svensson comments.

Interestingly, the new law does seem to have an effect on the file-sharing habits of the younger Swedes. The percentage of people who say they don’t download any files illegally has increased from 22 percent in February to 39 percent in September. However, as the norms do not reflect the letter of the law it will be hard to maintain compliance, which could result in an increase in piracy in the months to come if people feel less threatened by possible punishments.

“In cases where the law is not supported by the social norms, it makes it extremely difficult to maintain compliance. Humans tend to follow social pressure rather than the letter of the law. With regard to intellectual property and copyright provisions, the Internet and file sharing technologies have created new conditions. In a short time, the social norms have developed in a direction that gives very little support of the law,” Svensson explained.

The study emphasizes that the law does not reflect what the general public considers to be legal, fair use, or even moral. Most people don’t feel that they’re doing anything wrong when they download an MP3 or share a movie, often because the legal alternatives are hard to find, full of DRM or simply overpriced.

So, as long as the entertainment industries fail to innovate and offer some real competition to piracy, the social norms wont change.

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

After receiving a complaint from Microsoft, GoDaddy temporary hijacked the myBittorrent domain, but after emails back and forth the owners managed to regain control. In the years that followed the two founders continued business as usual, frequently changing the look and layout of the site.

In fact, the two changed plans so often that they never really managed to add new features to the site. “Instead of adding new things we were always spending time on fixing features that used to work just fine,” Rex, one of the site’s founders told TorrentFreak.

Nevertheless, myBittorrent grew out to become one of the largest torrent sites, serving torrents to millions of visitors every month. This popularity, together with the increased legal pressure against fellow torrent sites such as The Pirate Bay and Mininova, raised doubts with Rex’s partner, who wanted to scale down.

Eventually this led to a rift between the two owners. Rex wanted to continue with the site, but his partner opted to close down the operation permanently. To resolve the dispute the two decided to go their separate ways. This summer myBittorrent was shut down for good, but not before a replacement was in place.

To fill the gap left by myBitTorrent, Rex launched a new site under a new name – yourBittorrent.

“The biggest difference between both sites is that yourBittorrent has verified and adult torrents,” Rex told TorrentFreak, adding that he plans to include many new features in the near future, including an integrated subtitle search engine.

“YourBittorrent will soon have a few million subtitles and IMDB-links linked to all movies and TV-shows. The advanced search will also be extended to allow people to look for subtitles. YourBittorrent is going to be the first site where you can do that,” Rex said.

Another key feature is that the site will verify torrents to prevent the appearance of fake files and spam. “YourBittorrent has its own verification system with 60,000 verified torrents, and unlike some other torrent sites, we do take measures against fake files,” Rex told TorrentFreak.

Thus far 2009 has not been the best year for BitTorrent. Many sites have gone down or received negative verdicts in court, so it’s good to see that yourBittorrent continues where myBittorrent left off.

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

The studios also filed suit against 80 websites accused of aiding and abetting the distribution of the illegally uploaded movies.

A National Police Agency spokesman said that the lawsuit was filed at 10 police stations in the South Korean capital, Seoul, and in the Gyeonggi province. The studios asked the police to investigate the infringements, which carry a potential jail sentence.

However, from the 10,000 complaints issued, prosecutors charged just 10 people with copyright infringement. In response, the disappointed studios say they will fight back. Next week they promise to re-file their lawsuit, but this time will increase the number of individuals accused to 65,000.

Kim Han-Seo, a lawyer representing the movie producers, said that the prosecutors were not tough enough so they had decided to up the ante.

“Now, we’ve drawn up a new list of some 65,000 users who fit this guideline,” he said. “We’ll see whether the prosecutors will press charges against them all.”

As we reported earlier on our sister site FreakBits, at the end of August distributors of a hit Korean disaster movie called in the police after it was leaked to the Internet and was downloaded 100,000 times. Kim Han-Seo said that the Korean authorities had responded quickly to that local problem, but accused them of different standards when it comes to protecting foreign content, such as the material produced by his porn movie employers.

“We believe that [the prosecution] should not be discriminatory in applying copyright laws. Illegal copying and distribution run rampant in Korea because it is one of the world’s most wired countries. We decided to take legal action to minimize our past business losses and to protect anticipated future profits,” he said.

The threat now is that if the local Korean authorities fails to act in a way that pleases the porn producers, they will take their case directly to the US government instead.

The initial lawsuit indicated that the studios had also harvested the IP addresses of around 100,000 individuals who downloaded the adult movies but to date, there is no indication that they will become a target.

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

Meet Digiprotect, the pirate tracking company that earned its marks tracking down ‘adult’ pirates, but branched out to protecting the works of all sorts of copyright holders. Over the years the company has perfected its pirate tracking tactics to guarantee maximum profits.

Although most companies operating in the same realm try to fly under the radar as much as possible, Digiprotect’s account manager Thomas Hein is more vocal about their business strategies. In an interview he gave a while ago he explains how his company leases copyrights so they can trap potential downloaders.

“We get the legal rights from the companies to distribute these movies to stores, and with these rights we can sue illegal downloaders. Then we take legal action in every country possible, concentrating on the places where such action will be profitable,” Hein says.

So Digiprotect acquires the right to distribute movies, music or games from the rights holders, which they then share on various P2P networks. All they have to do is wait for people to take the bait. If someone tries to download the file they collect the IP-address and initiate legal action through one of their befriended law firms.

That is, if it’s profitable, otherwise Digiprotect can’t afford to protect the copyright holder’s rights, as Hein explains.

“No one working for DigiProtect has a fixed salary. If we make money, everybody makes money. If we don’t, nobody does. This means the lawyers, sales people and customers. It’s all about how much money can be recouped and then sharing it.”

Indeed, it’s all about the money.

“Our success rate is high enough to make good money for everybody,” Hein says, “and it’s also high enough to deter people from stealing content in the future. But we have to be careful about the amount of damages we ask for.”

So how does one go about making ‘good money’? Apparently it’s not only important where you sue people, but also the amount of damages you claim.

“We try to find a figure that covers our costs and pays money to our licensors, which is usually around 500 Euro ($700). Other firms are going for huge amounts of money, and the judges don’t like it. If the judges feel you’re being greedy, they won’t rule in your favor.”

Yes, you’re reading it right. The damage figures are not based on any actual losses, they are carefully calculated to guarantee maximum profits for all parties, except the alleged pirate of course. We can’t help but wonder who the real thieves are here…

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

After its transformation into a pirate tracking outfit Nexicon launched its Getamnesty program which offers copyright holders a chance to turn piracy into profit. They cleverly circumvent privacy protection laws by using ISPs to forward settlement requests for various copyright holders to alleged infringers. One of their most successful partner programs is the Payartists website which is a misleading name to say the least.

The money collected through Payartists is not going to any artists at all. The only artist they collect ’settlements’ for on the site is Frank Zappa, and he passed away in 1993. All the settlement money collected now goes to The Zappa Family Trust which is headed by Zappa’s widow.

Most recently a new Nexicon franchise emerged, as the ‘Video Protection Alliance’ (VPA) has teamed up with several porn studios to track down and force settlements from alleged copyright infringers. The methods they use are very similar to Getamnesty and Payartists and are designed to get cash payments from illicit file-sharers without even having to first find out who they are.

The process is simple. Their software monitors BitTorrent swarms and other filesharing networks and records the IP-addresses of those people who share the work of their clients. It then automatically sends an email to the ISP linked to the IP-address with a request to forward it to the associated customer.

Thus far, this is very similar to the warning letters that the movie and music studios have been sending out for years. However, there is one big difference. The emails sent out by Nexicon to alleged infringers contain veiled threats of legal action if they don’t choose to settle within 10 days.

In their email they write that “it may be beneficial to settle this matter without the need of costly and time-consuming litigation.”

If you don’t settle they are “prepared to pursue every available remedy including damages, recovery of attorney’s fees, costs and any and all other claims that may be available to it in a lawsuit filed against you.” To make it even more scary, they point out that ISPs might cut your Internet connection if you don’t comply.

In the FAQ on the VPA website it is noted that consulting a lawyers is an option, but it would be a rather silly thing to do since it will cost more than the settlement itself. “It is likely that the cost incurred to retain a lawyer will exceed the settlement amount offered.”

Indeed, the settlements are rather cheap compared to the fine that was handed out to Jammie Thomas recently. The settlement offer for an adult movie is close to the retail price of a DVD and for a single Frank Zappa track you’ll pay $10. In comparison, Jammie Thomas was ordered to pay $80,000 per song.

However, because of these low fees and the use of threatening language we cannot help mentioning the word ‘extortion’ once more. Even if they handle with the best intentions they should adjust their tracking software to be more accurate. We confirmed at least one case where they sent a settlement offer to the wrong person, and we’re pretty sure that this is not the only mistake they’ve made (here’s another one).

Still, even people wrongfully accused of sharing [insert obscene porn title here] may be inclined to pay a few bucks rather than risk being taken to court. The threats are worrying enough for some people to pay for an offense they didn’t commit. But there might be an even easier way out.

Unsurprisingly, very little happens when the threats are ignored. A Manhattan College employee dealing with DMCA notices wrote recently. “We have not passed the settlement info on to the students linked with the allegedly infringing IP address and have not had any follow up notices from them.”

This aside, we are not aware of any legal action taken by any of Nexicon’s partners to back up their threats. To the best of our knowledge they don’t even have a proper license to act as private investigators which is a felony in several US states and renders the ‘evidence’ they have in their spreadsheets useless.

Our advice, if you get a settlement offer from one of Nexicon’s partners please forward it to your spam folder – after forwarding it to us first of course.

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

Today, users searching Google for Empornium.us are met with a warning under the URL: “This site may harm your computer”. After ignoring the warning and clicking the link using Internet Explorer, the Empornium main page starts loading, but is then punctuated with virus/malware/exploit warnings from an up-to-date anti-virus scanner. Google reports “Malicious software includes 4 trojans, 3 exploits. Successful infection resulted in an average of 11 new processes on the target machine.”

During our tests we caught malware or exploits which seemed to originate from:

hxxp://hardmoviesporno.com/test/exp/update1.pdf
hxxp://ffseik.com/25/2/getfile.php?f=vispdf

At this point we deemed the Google Safe Browsing report to be correct and abandoned our own tests. Accessing the Empornium homepage using Firefox3 caused an immediate halt:

Google notes that the ‘malicious software’ is actually hosted on 4 domains, including gianttopnano.cn, mmcounter.com, filmmultimediaonline.cn. Furthermore it states that two domains appear to be “functioning as intermediaries for distributing malware to visitors of this site” including vxhost.cn, and filmmultimediaonline.cn.

TorrentFreak has contacted Empornium management for a comment, but so far there has been no response.

Update: Empornium Team contacted us, confirming that the malicious code has nothing to do with them and they are “taking action to shut down the infiltration & remove the code asap”. Their own tests so far show it is “exploiting a known & patched security hole in Acrobat”.

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

Recently their efforts to make money from alleged pirates was picked up by the mainstream press, because an elderly couple was incorrectly accused by them of pirating an Atari game, Test Drive Unlimited. It is of course a stereotype to think that people over fifty don’t play games, but with the help of consumer magazine, Which? Computing, the lawyers were forced to drop the case.

If anything, this suggests that the evidence they gather for use against alleged sharers is not as strong as it should be. In fact, this is not the first time that a case has dropped before it went to court. Apparently, the lawyers that represent the various copyright holders will only make their case when they have a sure win – that is, when the defendants fail to show up. Others who dig in their heels and refuse to pay learn that the consequences aren’t nearly as bad as the law firm would have everyone believe.

Meanwhile, thousands of UK citizens are receiving letters in which they are accused of downloading music, games or more recently, adult entertainment. In these letters, they are asked to pay a few hundred pounds, or else they are threatened with the prospect of being dragged through court, where the fine – if the law firm is to be believed – will be multiplied several times over.

There aren’t any precise figure on how many alleged pirates have paid up, but based on earlier comments from the law firm itself, it’s believed to be between 40 and 60%. It’s not unthinkable that some copyright owners are making more from this type of pirate-chasing than they do from sales of their actual products. Quite an innovative business model actually, especially since in many cases it guarantees a revenue stream for sub-standard products that otherwise simply wouldn’t sell.

But now, according to The Register, computer game manufacturer Atari has had enough, as they have canceled their collaboration with Davenport Lyons and Logistep. Exactly why is open to speculation, but it is difficult to find a single positive article about the activities of these companies, particularly when recent and rather more potentially embarrassing actions are taken into consideration. It’s not surprising that they choose to distance themselves from the operation.

In a comment to El Reg, Atari said that it will “always retain and reserve the right to protect our intellectual property from illegal copying and piracy.” An interesting comment, since cashing in on alleged piracy happens after the offense, and has nothing to do with protection. However, this statement seems more of an attempt to show that this withdrawal doesn’t indicate that Atari is going soft on piracy.

Of course, copyright holders have every right to protect their material, or even make up for the losses they claim to suffer. Whether it is the right thing to do is questionable though, especially when the tactics are as aggressive as they are in these cases.

The complete lack of transparency in respect of the evidence gathering techniques just makes matters worse, and every negative aspect is compounded when people like Simon Davies of Privacy International speak about facets of the operation in very unfavorable terms. “This is appalling, it breaches a number of fundamental human rights,” he said. “They risk bringing the law into disrepute – just because lawyers can do something it doesn’t mean that they should.”

A great example of where copyright has gone wrong has emerged recently. In a leaked contract between DigiProtect (copyright protection outfit) and Evil Angel (content producer), the copyright was actually transferred in order for DigiProtect to make it available on filesharing networks.

“LICENSOR grants DIGIPROTECT the exclusive right to make the movies listed in Appendix 1 worldwide available to the public via remote computer networks, so-called peer-2-peer and internet file sharing networks such as e-Donkey, Kazaa, Bitorrent, etc. for the duration of this agreement.”

So, DigiProtect makes the files available to cash in on the people who attempt to download the files, but not to protect their intellectual property in a way copyright law was put in place for. In fact, this has nothing to do with copyright protection, they are simply exploiting the system. Probably a good thing that Atari got out before it all falls apart.

The question now is how are the other publishers feeling now that Atari has had enough? Since they are based in the UK, the focus now falls on CodeMasters, who are still pursuing people over Colin McRae Dirt, but does the return on the project cancel out the mountains of bad PR it generates? Time will tell.

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

The two, who just turned 30, have a long history of copyright infringement which started back in the ’80’s, with Peter cracking Amiga games and Fredrik copying Commodore64 software. At the time they had never heard of copyright infringement, they were just doing what everybody else did. To the amusement of the audience, Peter said he didn’t think piracy was ‘wrong’ when he was a kid, but now that he’s an adult, he knows it’s not.

Years later, in 2003, they got involved in founding Piratbyrån (The Bureau of Piracy), a pro-piracy organization that was created in response to anti-Piratbyrån. The goal of Piratbyrån was to start a debate on copyright issues, and how they affect society. Until then, most press in Sweden would simply take everything anti-Piratbyrån said for granted.

In the years to come, Piratbyrån started several pro-piracy projects, and the most influential is without a doubt the founding of The Pirate Bay on November 21, 2003. “We needed to have a filesharing network in Sweden, because there was none,” Peter said. “At this time there was one big torrent site, which was called Suprnova, but they mainly had international content. We and Piratbyrån wanted more Swedish and Scandinavian content. So we started a big library, and that is The Pirate Bay.”

Fredrik, who ran one of the earlier versions of the tracker on his laptop, explained that when The Pirate Bay went live, it was hosted in South America. “The Pirate Bay originally started out in Mexico, on a Mexican server where Anakata, the third guy of The Pirate Bay was working at the time,” he said. Anakata hosted the site on a server owned by the company he was working for, but it was soon overloaded since the site grew so rapidly.

The Pirate Bay was initially available in Swedish language only. However, after a year they found out that, although their site was initially targeted at Scandinavians, over 80% of the users came from other parts of the world. In fact, one of the most popular torrents was a Swedish language course. Because of increasing worldwide popularity, The Pirate Bay team completely redesigned the site, which became available in several languages.

The popularity of the site didn’t go unnoticed in Hollywood. Like many other BitTorrent sites, The Pirate Bay also received several takedown notices. However, the way they responded to these was quite unique and some have become news stories in themselves. Threats from the entertainment industry didn’t stop at sending letters. In true Hollywood style, The Pirate Bay admins soon saw private investigators watching their every move.

“They’ve sent private investigators after us, which is really stupid if you do something online,” Peter said. “What are they going to find, that we are sitting behind our computers?” Fredrik added: “I guess the private investigator that went after me in Gothenburg got to see a lot of good bars, a lot of late nights, but probably not a lot of evidence gathering.” Peter then noted that someone from the IFPI was actually at the conference, “still trying to find out what we’re doing.”

Eventually The Pirate Bay got raided, following pressure from Hollywood and the USA. Fredrik recalls the day vividly: “I got a phone call like 10am in the morning, it was Anakata.” He told Fredrik that there were police officers at their office, and asked him to get down to the colocation facility and get rid of the ‘incriminating evidence’, although none of it, whatever it was, was related to The Pirate Bay.

As Fredrik was leaving, he suddenly realized that the problems might be linked to their tracker, so he initiated a full backup of the site. At the colocation facility there were 65 police, some in civilian clothing. Fredrik asked them: “Who are you? What are you doing here?” To which they responded, “Who are YOU? What are you doing here?” After questions back and forth, Fredrik eventually told them his name, and a police officer said, “Oh, we’ve been looking for you.”

During the subsequent questioning, the Pirate Bay trio gave up very little information. Anakata quickly confessed to his crime – of killing the Swedish prime minister when he was 2 years old, but that was all they got. It is up to the court to decide whether the Pirate Bay founders are operating illegally or not. Until then, The Pirate Bay is still up and running, stronger than ever.

As always, there are a lot of plans for the future, and Peter and Fredrik briefly discussed some. One of the most interesting plans is to encrypt tracker connections, so anti-piracy organizations can’t spy on their users. We will probably hear more about that in the future. The keynote speech by Peter and Fredrik was streamed from a mobile phone last night, and we embedded the recording below. The sound quality is far from optimal, but it’s watchable. The talk starts at 13m 00s

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

The data is collected by TorrentFreak, and is for informational and educational reference only. Currently both DVDrips, DVD Screeners and R5 rips are counted.

RSS feed for the weekly DVDrip chart.

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

The emails exposed some of the innermost secrets of the anti-piracy outfit, and now another one is about to be revealed. One of the things we’ve learned already is that polluting file-sharing networks is a profitable business. MediaDefender received $4,000 to protect a music album and $2,000 for a single track. Movies were even more expensive, as they got $3.6 million from a large studio to protect just 4 movies.

The money they got from the entertainment industry must not have been enough though. We recently discovered that Mediadefender had (or has) some interesting side projects – selling access to adult sites. It makes sense. What better way to make cash on the Internet than from porn, especially if you have the knowledge and equipment to spam file-sharing networks with files that redirect people to your site.

From the leaked internal emails we’ve now learned something that wasn’t covered before. MediaDefender was spamming Limewire and other file-sharing networks with thousands of porn related files, trying to convert P2P users into paying porn subscribers. Here’s a quote from one of the emails MediaDefender’s Ben Grodsky sent to some of his colleagues:

One of the theories I’ve had about why the LimeWire redirects sell so many porn subscriptions is because one basically can’t get porn on old versions of LimeWire because our popups and spoofs overwhelm the user.

In the same email, Adult Friend Finder was mentioned as one of the affiliate programs they were working with, and probably made a lot of cash from. This is confirmed by another email, where they discuss the conversion rates:

Adult Friend Finder converts 1 in 2000 on LimeWire. If we want more users, Dylan’s eDonkey messages would get us a lot of Europeans that are a little bit older crowd….

MediaDefender also used LimeWire to promote their infamous Miivi project. In one of the emails they discuss how they can drive more traffic to Miivi, and redirect Limewire users to searches on Miivi:

Paris Hilton and Pamela Anderson ARE in the system. Some of these are on the PM2 Data Collection owner sending traffic to our porn site. Any ones sending traffic to our porn site (www.enterallsites.com), you can switch over to the MiiVi links that Colin indicated below.

What’s interesting about this last email is that they don’t only use Adult Friend Finder, but they have their very own porn site, enterallsites.com. Other emails show that this site was advertised by MediaDefender on Limewire and eDonkey too.

It looks like porn was big business for MediaDefender, and we’re curious whether their stock holders are aware of this, since it is never mentioned in any of their financial reports. Thus far, the adult revenue stream has never been mentioned. Nevertheless, traffic reports from Alexa and Compete show that the active advertising stopped directly after the emails leaked September last year.

We assume that MediaDefender stopped advertising their porn projects on LimeWire and other file-sharing networks after the emails leaked, in an attempt to avoid more bad press. They did the same with their Miivi advertising after that project was uncovered. Nevertheless, even without the porn connection being out in the open, their stock price dropped to less than $0.01.

It is worth mentioning that while MediaDefender was selling pron subscriptions to thousands of file-sharers, they were also working with the New York Attorney General to track down child porn downloaders. Nothing wrong with that of course, but we raised our eyebrows when one of MediaDefender’s employees found a suspicious file on The Pirate Bay, and said: “I’m trying to download it now from a dedicated server, but it isn’t finding any peers.”

Today, more than a year after the MediaDefender email leak, enterallsites.com is still up and running. Several other adult domains also owned by the company are still redirected to the site as well. With Piracy and Porn, it must be a great working for MediaDefender.

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

One of the prime examples is best-selling author Paulo Coelho, who said he sold thousands of extra books because he pirated his own books. “Sharing is part of the human condition. A person who does not share is not only selfish, but bitter and alone,” Coelho told TorrentFreak in a follow up interview, explaining why he decided to share his books for free.

Responses to unauthorized filesharing vary. Those that have embraced it have seen dividends. Others fight it and throw tantrums, or use it as an excuse. A prime example of the last category has emerged, in the form of author Stephanie Meyer. Meyer, best known for her recent hits based around vampires, caters to the ‘young adult’ market re-popularized by the Harry Potter books.

In what seems like an echo of what happened to Potter author Rowling, Meyer’s latest book, Midnight Sun, has leaked online. Not the entire book, but a major part of the first draft, comprising the first 12 chapters. Meyer says the source is known to her. In a statement on her website, she says

“I have a good idea of how the leak happened as there were very few copies of Midnight Sun that left my possession and each was unique. Due to little changes I made to the manuscript at different times, I can tell when each left my possession and to whom it was given. The manuscript that was illegally distributed on the Internet was given to trusted individuals for a good purpose. I have no comment beyond that as I believe that there was no malicious intent with the initial distribution.”

Instead of rolling with it, working on reader feedback, and moving on and forward, Meyer is ‘throwing in the towel’ on the book for now, putting it “on hold indefinitely”. However, as was reminiscent of the buckcherry debacle, it smells of contrived events. A June update to her site said that she was working on it, partly due to fan pressure.

A leak that makes her so frustrated to want to write the book in the opposite way from intended, shouldn’t at the same time leave her ambivalent to the person and actions that caused it. It certainly shouldn’t leave her attacking her fans with statements such as:

“Just because someone buys a book or movie or song, or gets a download off the Internet, doesn’t mean that they own the right to reproduce and distribute it. Unfortunately, with the Internet, it is easy for people to obtain and share items that do not legally belong to them. No matter how this is done, it is still dishonest. This has been a very upsetting experience for me, but I hope it will at least leave my fans with a better understanding of copyright and the importance of artistic control.”

Yet again, P2P is blamed for ‘ruining’ something, and this will no doubt be added to the big list of ‘reasons filesharing should be dealt with more harshly’ that the governments of the world get hit around the head with (paid/lobbied/bribed).

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

Despite operating a version of eMule modified to never upload (via a so-called ‘leecher mod’), a user of the eD2K network has received a claim for compensation of 700 euros. Anti-piracy tracking company Media Protector allegedly gathered the data in October 2007 and stated that the user had been caught uploading a movie and some adult material.

The accused has claimed that, because of the zero-upload modded client, it was impossible that anything was uploaded. The client itself had never been reset and displayed a operating time of 924 days and it had never distributed a file.

Of course, tracking companies such as Media Protector and Logistep are always super-confident of the accuracy of their systems, even though they are never confident enough to open them up to scrutiny. Lawyers are always quick to point out that the evidence is good enough for the courts to grant orders for the disclosure of user’s personal information, but it’s a one sided process and the defendant never gets the opportunity to contest before their identity is revealed.

In the interests of fairness and transparency, the sooner these companies have their systems opened up for scrutiny, the better. If the systems are proved accurate, then this strengthens the position of anti-piracy tracking companies and enhances their credibility, so one has to question why they are so reluctant to reveal their techniques. Maybe it’s because they are afraid that Cory Doctorow is on the right track?

Perhaps of more concern is why courts are so willing to accept this data as foolproof when seemingly no-one knows how it is collected. And when defendants are denied this information too, fairness seems a distant concept.

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

IFPI proudly announced their new campaign a few weeks ago, writing: “The campaign comes as millions of people take advantage of the explosion of new ways of accessing music digitally, but still lack clarity on safety and legal issues, on finding legitimate sites, on the basics of copyright and on how to unpick the jargon of digital music.”

IFPI has always been concerned with the safety of children, and on pro-music.org they maintain a list of download stores that are ’safe’ to use. I was of course curious about these legal stores, and since i’m from the Netherlands, I decided to give the Dutch legal stores a try. This turned out to be an interesting experiment.

To my surprise, the first 4 sites on the list were all gone, some had quit, and others redirected to websites that didn’t sell any music. Even worse, commodore.nl -the first site on the list- served ads for a scam site that sells filesharing software.

I finally got something that looked like a music store when I got to the fifth link, dance-tunes. However, when I searched for the latest Radiohead album, nothing came up. The site only has a few mp3s, and nothing of my choice.

The journey continued, and with sixth site, download.nl, I finally found some good music. Interestingly however, the songs I found were not for sale. Instead, I was advised to download LimeWire, Shareaza and Kazaa Lite. This may indeed sound a little confusing, but the IFPI apparently wants kids to use filesharing software after all.

So, to sum up my legal music experiment. I tried the first 6 sites advised by IFPI, 4 didn’t sell any music, the fifth only listed a few songs, and the sixth website I tried advised me to install LimeWire or Kazaa. It gets even worse further down the list where the kids end up at sites that sell hardcore adult movies.

Viviane Reding, EU Commissioner for Information Society and Media said about the new campaign: “The new guide is a very good example of an initiative that offers simple, practical advice to parents and teachers to keep young people safe and legal while enjoying music on the Internet.

I guess she didn’t try it herself.

Screenshot of a music “store” promoted by IFPI

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

However, in a testament to its structure and security, BitTorrent is almost immune from these type of attacks and that is why you never hear the RIAA and IFPI talk about viruses and BitTorrent in the same announcement. In terms of sharing files and avoiding malware, BitTorrent does really well.

This recent malware attack revolved around people downloading files which were renamed to look like music and movies, but instead engineer a situation where lots of other stuff gets installed on the host PC, causing all sorts of problems. While viewing some of the filenames listed by McAfee, I had to remind myself that I was a novice once too – but it was still a stretch for me to believe so many people would download files that look like these:

preview-t-3545425-adult.mpg
preview-t-3545425-changing times earth wind .mp3
preview-t-3545425-meet bambi in kings harem.mp3
preview-t-3545425-middle eastern chick.mpg
preview-t-3545425-theme godfather.mp3
t-3545425-bentley bizzle.mp3
t-3545425-haloween special.mp3
t-3545425-just got lucky.mp3
t-3545425-peanut butter jelly amende.mp3

The good news is that the chances of these type of files appearing on BitTorrent are very low as trackers have moderators who remove such junk, something which is largely impossible on Gnutella (LimeWire) and eMule (ed2k). As long as the ‘infected’ users keep this stuff in their shared folder, there is little that can be done to stop it spreading. If they don’t clean this stuff out, no-one will, and it’s in this department BitTorrent comes out tops – again.

First of all, BitTorrent isn’t a ‘folder sharing’ client like LimeWire or KaZaA, which means that the user needs to use a torrent site to distribute (publish) his torrent. If the content is legitimate (and there are very few rules in most places, save obviously illegal material) the .torrent file will be up for all to download, with links to malware and viruses mostly filtered out by humans – otherwise known as ‘mods’ or ‘moderators’.

BitTorrent has thousands of hard working and largely unpaid moderators, who work tirelessly to make sure that files like these don’t make it to the BitTorrent user’s computer. In reality, files presented like the ones above could never slip by the site mods, they would see them a mile away and remove them quickly.

BitTorrent isn’t 100% malware free but compared to Gnutella and ed2k, it is astonishingly healthy and that is largely down to the strength of the system and the mods, who work non-stop behind the scenes to keep BitTorrent an enjoyable experience.

For the few small things that slip through the net, try our guides.

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

You get the impression that Biohazard frontman-turned-pornstar Evan Seinfeld isn’t going to be releasing any music for free on file-sharing networks in the near future.

In an interview with Metal Edge, the heavily tattooed self-confessed “sexual deviant pervert” doesn’t pull any punches with his views on file-sharing and doesn’t mind threatening file-sharers with physical violence. All in a day’s work for a rock star.

When it was put to Evan that part of his disillusionment with the music industry might be down to downloading, he said:

Downloading free music is stealing. There’s no other way about it. The same people who don’t have the balls to walk into a record store, take things off the shelf, and put it in their pocket because they are afraid that that are going to get busted think nothing about going on line and downloading a band’s music. That’s the way the band makes a living. If you like that band, you shouldn’t download their music for free because it can make the band go out of business. I know it’s not very rock and roll to say that; all the kids are going ‘fuck Metallica, we are going to steal their music.’ OK, how about if the guys from Metallica will go into your father’s hardware store and steal a hammer off the shelf.

Well Evan, file-sharing is generally a civil issue but stealing a hammer is criminal so, ask any file-sharer, Metallica should go to jail, obviously.

So how does the availability of free porn on the Internet affect Evan’s adult movie business?

Well, it cuts into our revenues. We spend a lot of time and money on attorneys and policing the Internet. We employ special technology to make it harder. You will never get rid of theft completely, but we have to do everything we can to prevent it. There should be some honor amongst people. Do people wake up in the morning, look into the mirror, and say, “I steal other people shit all day”? If so, you should know that you are a scumbag, and if I catch you I will kick the shit out of you.

I think most people are aware that porn stars “employ special technology to make it harder” but Evan, please be advised that “kicking the shit” out of people is a criminal offense (even more serious than Metallica’s blatant hammer theft), and punishable by imprisonment. Much more serious than file-sharing.

While actively trying to combat P2P, Evan notes that due to the way it operates, BitTorrent is more legally challenging.

We send out a lot of legal notices and have sued people. But usually by the time we send the letter they have already taken the stuff down. The real problem is these P2P bit torrent sites because the host of the site says they aren’t legally responsible, even though they really are.

Finally, Evan gives us an insight into why he believes people file-share, and suggests that it’s actually ok to “steal” stuff – as long as you do it to someone who can afford it……said the 4 million record selling musician with a $30m porn empire.

….I think the nature of people is that they want to get something over on someone, see what they can get for free. Personally, as a creative guy, [I feel that] it’s wrong. If you are going to steal from someone, steal programs from Microsoft ’cause they can afford it, but don’t steal from creative artists who make movies and music and TV programs for your enjoyment because you become part of the problem. You’re a shoplifter. I know it’s very heavy metal to get shit for free. That’s why there are no more hardcore bands out there anymore. They are all out of business. Are you happy you killed it?

To be fair, it’s not quite dead. Biohazard will have a reunion tour this summer and everyone will be heartened to know that according to Evan, they will only be taking on the “highest paying” work.

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

Luckily for Jeremy, one of the world’s largest adult film creators, Vivid Entertainment Group, has had enough of these sites as well. Last December the company announced that it was taking legal action against PornoTube.com, and after that similar video streaming services.

“Now Vivid is suing them,” said Jeremy, while demanding the same treatment as his colleagues in Hollywood. “You wouldn’t see YouTube play a full-length feature of a Steven Spielberg film. But they think that it’s just porn so they can get away with it. So now Vivid is striking back. Piracy is piracy, whether the film is PG, R or X. We deserve the same respect.”

Jeremy is not the only one who is upset with all the pirates clips that float around on the Internet. In September we reported that some of the leading adult webmasters were discussing how they could take on BitTorrent sites, something they haven’t succeeded in so far.

There is no doubt that adult clips are widely shared on the Internet, especially via BitTorrent. Approximately 5% of all files being shared on public BitTorrent trackers are adult content, and most of these files are copyrighted. On top of that, sites such as Empornium, PureTnA and Cheggit solely focus on sharing porn, and are among the most popular private BitTorrent trackers on the Internet.

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

Interview

TF: Thanks for taking the time to talk with us. Please introduce yourself.

CS: My name is Christian Solmecke and I work as a lawyer in Germany at the Cologne Chambers of Lawyers Wilde & Beuger. There I work in the field of Internet law/New Media. Presently we are defending about 500 file-sharers against the German music industry.

Obtaining identities behind IP addresses

TF: We have written many times here on TorrentFreak about the P2P tracking company Logistep and how they track down alleged file-sharers. They are collecting data about internet users all over Europe yet their activities are not welcome in Italy or France. Their methods of getting user data from ISPs seem to questionably legal from a European standpoint (according to Juliane Kokott, Advocate General to the European Court of Justice) – why are they allowed to continue with these actions?

CS: First of all it has to be stated that the statements by Juliane Kokott at the European Court of Justice were construed in various ways. As far as I understood Ms. Kokott, the storage and the disclosure of data is not to be made impossible in general. The disclosure, however, is to be subject to control by the state.

TF: Are there ways for media companies to get data from ISPs about who an IP address belongs to in civil cases?

CS: At present, civil law does not provide a claim for disclosure of identities behind IP addresses for the rights owners (media companies) from the ISPs. For this reason the rights owners choose to gain disclosure via criminal procedures. Based on the data provided by Logistep and other P2P tracking enterprises, an offence is reported. The public prosecution service is obliged to investigate because a copyright infringement is a criminal offence in Germany. Here the legal situations differs from e.g. the Spanish system in which copyright infringements can only ever be committed within a commercial context. As the statements by Juliane Kokott relate to a legal action initiated by the Spanish music industry, they are not necessary fully transferable to all European legal systems.

The big question is if a German counsel for prosecution can, within criminal law proceedings, get information from the ISPs about who a certain IP address was assigned to at a certain time. Many legal practitioners argue that a court order is required before the data in question may be disclosed. In practice, however, the ISPs react directly to the requests by the counsels of prosecution and disclose the addresses without one. Most of the criminal proceedings are discontinued as the counsels for the prosecution regard these cases as petty offences. The music industry lawyers then authorise access to the records and thus obtain the address of the person behind the IP address. After this the civil law proceedings begin.

The future of disclosure/discovery

TF: This situation whereby the court’s time is wasted on these so-called criminal cases – just to get names behind IP addresses – is a terrible waste of public funds. Does this method have a future?

CS: In the future, obtaining disclosure via criminal proceedings is to be stopped. A civil law is planned for obtaining identities behind IP addresses. The rights owners (e.g. the music industry) are to be allowed to make an immediate request from the ISPs as to who a certain IP address belongs to. This rule is to serve the realization of the EU enforcement guidelines.

The big question here is if the rights owners (movie/recording industries) shall have such a claim for disclosure without prior obtaining a court order (which, of course, would entail expenses). Some German parties have different opinions. If I have correctly understood Juliane Kokott, a judicial caveat is an essential requisite so that our German copyright may remain consistent with the corresponding European guidelines.

European Data Retention

TF: On the 10th November 2007 the German Federal Parliament adopted the new EU data retention directive which essentially requires that ISPs spy on their customers and gather data about what they do on the internet. Who can access this information?

CS: Since the beginning of January 2008, the ISPs ARE required to store data about their customers for 6 months. This amendment was brought about by the EU data retention directive. The purpose of data storage, however, is the disclosure of data to the enforcement agencies in criminal cases. This storage rule is designed exclusively for the prevention of terrorism and the prosecution of organized criminals. The German federal Attorney General, Brigitte Zypries has stated that the data isn’t supposed to be disclosed to private parties such as the music industry.

TF: So can this data stored for use in future criminal cases be used in a civil case?

CS: As of today this question remain unsolved. If I have understood Ms. Kokott correctly, such disclosure would not be consistent with European law.

Challenging the accuracy of P2P tracking systems

TF: Logistep use a system called ‘The File-Sharing Monitor‘ which is a fairly secret piece of software based on the Shareaza P2P client. They use this to gather ‘evidence’ against alleged file-sharers yet this system is unlicensed and unaudited for accuracy by any official body or government. Cameras used by the police to detect speeding motorists need to be examined and calibrated carefully so why is the ‘evidence’ collected by this system allowed to be used when Logistep don’t allow it to be examined?

CS: In an exemplary legal proceeding at the Amtsgericht (Munipical Court) Frankfurt, we are currently having an expert clarify if the evidence logged by Logistep is accurate enough to be used as evidence in court. According to our opinion, various possibilities of manipulation exist in the whole chain of evidence.

Privacy

TF: Do P2P tracking companies breach privacy laws?

CS: Up to now, no German court , as far as is known , has ever dealt with the question if collecting data by Logistep infringes upon data privacy law. Of course one could argue that the respective user consciously discloses the data by connecting to the internet. This controversial question is certain to be discussed in future.

Production line threats, risky Germany

TF: Logistep and their legal partners have threatened many thousands of people all around Europe, including the UK. We haven’t heard of any cases going to court. Have you heard of any cases actually going to court in any country in Europe and if so, what was the outcome?

CS : We estimate about 200,000 file-sharers have received threatening letters in 2007, in Germany alone. There a hundreds of filesharers in Germany who are being subjected to claims in courts. Most of this is carried out by the music industry but here the tracking was conducted by Pro Media GmbH and not by Logistep.

Mostly the music industry won these court cases. However, I have knowledge of one case where two numbers were inverted and the wrong owner of an IP address was identified.

Is an IP address alone enough evidence to identify a particular individual?

TF: TorrentFreak is in contact with many people who have received threatening letters in the UK and in many of these cases we’ve seen proof that the bill payer is not the one who committed any offense. Surely this threatening of innocent people is causing a problem?

CS: Frequently the truly infringing parties are not subjected to the claims, but the owner of the IP address instead. In most cases, children were the infringing parties and their parents were subjected to the claims. The parents then are then held liable as it’s felt they contributed to the copyright infringement. In this matter, too, diverging German court decisions exist. Some courts say that parents can only be held liable if they fail to instruct their children sufficiently or secondly, secure the computer in such a way as to render file-sharing impossible.

TF: Requiring that the parents block the use of all file-sharing software is a little too far don’t you think?

CS: According to our opinion, a complete blocking of file-sharing software cannot be accepted. File-sharing software in itself is not illegal. Solely the copyright infringement committed with it is illegal. However, the courts bring forward the argument that file-sharing software should be blocked because mainly copyright infringements are being committed with it.

TF: Accusing the bill payer regardless of if they did anything or not is a very blunt instrument. Are they really responsible for what others do on their connection? Are parents responsible for their children’s actions on the internet?

CS: There are some indications of a move towards a system which limits the liability of the bill payer. For example, some courts deem that simply instructing a child not to download is sufficient. A recent decision of the court in Frankfurt stated that adult family members don’t even have to be instructed or controlled by the bill payer unless they are suspected of committing any file-sharing activity. Another court said that a company could not be held liable if an employee used the company internet connection to commit copyright infringement.

Calculating compensation for rights holders

TF: The bottom line is always money, we know that. What sort of financial punishments are people being subjected to?

CS: The lawyers’ fees are calculated according to the amount of compensation. In standing jurisdiction, German courts presently assume compensation of 10,000 euros per song. German filesharers provide an average of 300 songs to upload. This would mean compensation of 3 million euros per case. Typically, based on these figures, fees for a single warning letter amount to 16,000 euros.

The threatening/warning letters amount to “just” 3,000 euros to 10,000 euros, but they point out that theoretically they are entitled to demand much more. Unfortunately many German courts concede to the music industry. Presently the District Court (Landgericht) has decided that in a case of uploading 50 music tracks, compensation amount of 500,000 euros may be assumed. In my opinion, this is a dramatic situation.

TF: It is indeed. Thanks for your time. Do you have anything to add?

CS: We publish fresh daily news (in German language) concerning filesharing cases on our internet site www.wb-law.de.

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

Here at TorrentFreak we’re getting very tired at the frequency we have to keep reporting on the Swiss anti-piracy company, Logistep. The way they operate is simple: they use a modified Shareaza client to enter BitTorrent swarms to collect data, which they sell to lawyers who use the information to discover the identity of alleged file-sharers, who they then threaten with legal action which can be made to go away – for a fee. A simple “Pay Up or Else”, no different to the recent case where they were working with CodeMasters. As we said before, Logistep’s system is unlicensed and unapproved by any official independent or government organization. Put simply, anyone could gather this data from the internet and claim that it’s accurate.

Logistep are now working with a new ally – lawyers ‘kuw’ in Germany who according to a Gulli report are representing certain producers in the adult industry to track and ‘fine’ BitTorrent users they accuse of sharing their material. After further research, ‘kuw’ appear to be emboldened after they worked with Logistep at the start of 2007 in tracking down hundreds of people who allegedly shared the game ‘Gothic3‘ and forcing many of them to pay up.

Those unlucky enough to find themselves in the crosshairs of kuw and Logistep will receive a letter. In it will be the usual legal speak, with lots of implied things and veiled threats designed to frighten. The bottom line is a demand for cash to make this issue disappear – 250 euros to be precise. 135 euros goes to ‘KUW’ for lawyers costs while 115 euros goes to the copyright owner of the movie/video clip in question by way of damages. KUW lawyers are claiming that they only target people who have already downloaded at least 30% of the movie.

Most, if not all people receiving these type of letters in previous UK cases have had no further action taken against them when they refuse to pay up.

In what appears to be a quickening shift in the porn industry to take legal action against sharers, Jon B., Vice President at porn company Red Light District (who hides his real ID because his family doesn’t know what he does) told the LA Times: “What’s happening in the industry is an unacceptable amount of theft.”

While claiming that 35% of his profits are lost to file-sharing, Jon B. described the futility of going after websites as the sheer numbers are too much to cope with. Instead, Red Light District is deciding whether to go after individual sharers, as is the case with RIAA, MPAA and Logistep-type actions.

“If it scares them enough, if it can take away 20% of the illegal downloads, we’ll be doing the best that we can,” he added.

During the next 24 hours we will publish an interview with a prominent figure involved in these cases, in which we will investigate Logistep’s dubious practices around Europe. Stay tuned.

Thanks to _bc

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

“Never work with children or animals” said WC Fields. TorrentFreak takes a chance:

TF. Hi Hannah! How old are you?

- I’m 10 in 12 days

TF. What sort of music are you listening to right now?

Sean Kingstone, Shayne Ward and High School Musical 2

TF. Where did you first get into music?

- On the music channels, on MTV.

TF. When did you get a PC?

- People had computers but I couldn’t go on them but my Dad bought me one last year. I have internet.

TF. What do you do on the internet?

- MSN, talking to friends and cousins, games and dressing-up games [dolls]

TF. When did you first start using the internet to get music?

- My cousin showed me YouTube and then LimeWire and I was like “whoa cool!”

TF. What was cool about it?

- Because you can put anything in and it will come up and you don’t actually pay for it. Well you have to pay for the internet and LimeWire comes with the internet but you have to pay for that so LimeWire isn’t really free.

TF. Ok…I see….Do you get music from anywhere else?

- My cousin gets it from BEBO. She copies it from other people’s pages and puts it on her own.

TF. Do you think it’s ok to copy the music?

- Yes it’s ok because she only does it to make her page better.

TF. So you’re sure that it’s ok to copy it? What do you think about copying?

- I suppose it’s not ok to copy but people copied it off her site so she just copies theirs. It’s like, you’re copying my t-shirt so i’m copying you on shoes.

TF. Ok, so a bit like copying school work?….Hmm….ok, let’s talk about copying on the computer again. When you started using LimeWire, did anyone ever mention that if you did certain things you might be breaking some laws?

- Why would they put it [music] on the internet and invent mp3 players if it was against the law?

TF. Confusing isn’t it?….You mentioned you like Sean Kingstone – what if I told you that Sean Kingstone’s boss might send you a letter asking for money because you shared his album on LimeWire? What would you say to him?

- W.E! [whatever!]

TF. Come on, play along with me. What would you say if he did?

- I’d say “tooooo strict!” and anyway he can’t make me do anything. He’s not the boss of me, he’s the boss of Sean Kingstone.

TF. What do you think might happen if you didn’t pay him?

- Nothing. I’m too young to be charged by the government so he can’t charge me.

TF. Would you carry on using LimeWire after he sent the letter?

- Yeah!

TF. Why?

- Because you can get good albums off there. Duh!! My CD’s don’t work in my mp3 player so LimeWire is the only way to do it. I bought High School Musical 2 on CD but it won’t go on my mp3 [player]

TF. How would you make LimeWire better?

- To speak to the person sending the music to make sure they send the right one, sometimes they send stuff that doesn’t even play.

TF. Do you know what a pirate is?

- They have parrots [effects 'arrrrr']

TF. Do you think its legal or illegal to copy a CD or DVD?

- Some men right, they sell you a DVD at the market but when you get home it doesn’t play, that’s illegal.

TF. Why is it illegal?

- Duh!! Because they tell you it works and when you get it home it’s rubbish and jumps in the middle and its a waste of money!

TF. Do you think you should be paying for stuff off LimeWire? You have to buy CD’s from the shop…

- You have to pay for CD’s because they’re actually on a disc not on the computer. My cousin, right, she uses LimeWire when she doesn’t have any money for CDs.

TF. Did you ever download anything by anybody and then go to see them?

- I got stuff by Lee Ryan and Simon Webbe and then I went to see Blue. Why don’t you ask me what my favorite hobby is?

TF. Ok, what’s your favorite hobby?

- Dancing to music, it’s fun!!

Thankyou, Hannah. That’s it! Have a nice birthday!

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

A more in-depth analysis that accounts for the number of people that actually share the files shows that TV-shows are far more popular. Close to 50% of all the people who use BitTorrent at any given point in time do this to download a TV-show, even though the number of available torrents are small compared to music or movies.

The popularity of TV-shows is enormous, series like “Heroes” and “Prison Break” are downloaded over a million times in any given week. This popularity hasn’t gone unnoticed, with some TV-studios allegedly use BitTorrent as a marketing tool, and others leaking unaired pilots intentionally.

Evidenzia also provides an interesting analysis of the number of files that have been released on BitTorrent since early 2004. The graph below shows that it’s at its peak right now – and even more impressive – the number of files released on BitTorrent nearly tripled compared to last year.

Together with the increase in torrents, most BitTorrent sites have noticed an increase in visitors too. Sites like Mininova, The Pirate Bay, and Torrentz more than doubled their traffic and there is no sign that this trend will be put to a halt anytime soon.

BitTorrent is here to stay.

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