The key thing to understand is that nobody is being forced to use Magnet links or trackerless torrents. While these long-standing technologies may prove to be the future, they will co-exist with tracker-enabled torrenting for quite some time. For now, nobody will be forced to immediately change their existing downloading habits, although it may be wise to switch to a BitTorrent client that is compatible with these technologies.

In an attempt to clear some of the mystique surrounding DHT, PEX and Magnet links we will walk through all three briefly, hoping to assure those who’ve become confused earlier this week.

DHT

Using DHT instead of trackers is one of the things The Pirate Bay is now trying to encourage, and torrent downloads that rely solely on this technology are often referred to as “trackerless torrents.” DHT is used to find the IP addresses of peers, mostly in addition to a tracker. It is enabled by default in clients such as uTorrent and Vuze and millions of people are already using it without knowing.

DHT’s function is to find peers who are downloading the same files, but without communicating with a central BitTorrent tracker such as that previously operated by The Pirate Bay.

DHT is by no means a new technology. A version debuted in the BitTorrent client Azureus in May 2005 and an alternative but incompatible version was added to Mainline BitTorrent a month later. There is, however, a plugin available for Azureus Vuze which allows it access to the Mainline DHT network used by uTorrent and other clients.

Peer Exchange (”PEX”)

Peer Exchange is yet another means of finding IP addresses. Rather than acting like a tracker, it leverages the knowledge of peers you are connected to, by asking them in turn for the addresses of peers they are connected to. Although it requires a “kick start”, PEX will often uncover more genuine peers than DHT or a tracker.

Magnet links

Traditionally, .torrent files are downloaded from torrent sites. A torrent client then calculates a torrent hash (a kind of fingerprint) based on the files it relates to, and seeks the addresses of peers from a tracker (or the DHT network) before connecting to those peers and downloading the desired content.

Sites can save on bandwidth by calculating torrent hashes themselves and allowing them to be downloaded instead of .torrent files. Given the torrent hash – passed as a parameter within a Magnet link – clients immediately seek the addresses of peers and connect to them to download first the torrent file, and then the desired content.

It is worth noting that BitTorrent can not ditch the .torrent format entirely and rely solely on Magnet links. The .torrent files hold crucial information that is needed to start the downloading process, and this information has to be available in the swarm.

Pirate Bay links cf. Mininova links: When the Magnet link specification first came out, in January last year it called for a particular format (”base32 encoded”). The links that EZTV, Mininova and ShareReactor have displayed for some time all conform to that original specification. In May of last year the specification was changed, in favor of “hex encoding”, and that is the format of the links being displayed by The Pirate Bay. Torrent clients should accept either format.

Compatible Clients

All the main torrent clients: uTorrent 1.8.5, Vuze 4.3.0.2, BitTorrent 6.3, BitComet 1.16, and Transmission 1.76 (and others) support Peer Exchange and DHT (via a plugin in the case of Vuze). Neither BitComet nor Transmission yet support Magnet links but Transmission is planning to include Magnet link support in the upcoming 1.8 release. Bearing in mind that no site, including The Pirate Bay, has yet abandoned support for traditional torrent files, there is plenty of time for support to be added.

We hope that this article has cleared some of the smoke that was generated by The Pirate Bay’s announcements earlier this week. There is no need to panic, cry or be angry, and it’s not a problem if you’re still confused after reading this article. Torrents will still be available and aside from some extra downloading options thanks to sites that add Magnet links, nothing drastic will change in the near future.

Props to ‘Adapa’ for contributing to this article.

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

If this isn’t draconian enough, Mandelson includes giving the Secretary of State the power to introduce major new rules without Parliamentary oversight – this from a twice-fired, unelected politician.

Commenting on Mandelson’s attempt to fast-track proposals to amend the 1988 Copyright Act, and adding fuel to the fire this morning are the Liberal Democrats.

“This is an outrageous attempt to slip through sweeping changes with the minimum of scrutiny,” said Don Foster the Shadow Culture, Media and Sport Secretary.

“We do not live in an autocracy, where major rules can be introduced on the whim of an unelected politician.”

Foster notes that his party does wish to address illegal file-sharing, but rightly adds that a workable solution is only possible through co-operation.

Although there will be many who support a crackdown on rampant piracy, many supporters of democracy on both sides are very concerned at Mandelson’s moves.

“For Lord Mandelson to attempt to create new offenses without proper assessment by the Commons is utterly shameless,” concludes Foster.

Hear, hear.

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

The case progressed in the Federal Court today, with iiNet barrister Richard Cobden continuing with his closing submissions.

As detailed earlier in the case, after AFACT sent many thousands of copyright infringement notices to iiNet, the ISP responded by sending them to the police. Cobden defended that decision today, claiming that the notices could constitute evidence of copyright crimes.

While the studios had earlier insisted that they would never sanction unlawful investigation methods, ITNews quotes Cobden as saying that in gathering that evidence, it was likely the investigators themselves had also committed offenses, breaching section 132AJ(1) of the Copyright Act.

The barrister said that both investigators committed primary acts of infringement online, and while AFACT had earlier claimed that iiNet users burned copyright material onto DVDs after downloading it, in fact the only evidence of that being done relates to the copies made by AFACT investigators.

Continuing to attack the evidence provided by AFACT and its anti-piracy partner DtecNet, Cobden returned to an earlier assertion that DtecNet investigators did not behave as normal BitTorrent users would. Regular users would allow their torrent client to connect to any peers, but DtecNet filtered out any that weren’t issued with iiNet IP addresses.

ARN quotes Cobden as saying this action was “foolish” as it slowed download times to several days. As we heard earlier in the case, this led to investigators counting the same infringement more than once.

Last week, Cobden argued that AFACT hadn’t provided any evidence that iiNet customers had engaged in copyright infringement as they were only sharing small parts of files (such is the nature of BitTorrent), rather than the “substantial” parts, as required under the law. In order to prove his point, Cobden went on to cite an earlier copyright case.

In 2002, Australian TV station Channel 9 sued Channel 10 citing infringement under the Copyright Act 1968. Channel 10 had broadcast short sections of Channel 9 programs The Today Show, Who Wants to be a Millionaire, Days of Our Lives and Sale of the New Century in their television show called The Panel. The view was that of the 11 segments played, only 3 were long enough to constitute infringement.

As anti-piracy tracking companies such as DtecNet only record an instance of alleged copyright infringement timed to a single second, Cobden is arguing that there is no evidence to prove any “substantial” part of any movie was shared by iiNet users.

Cobden went on to insist that in order to confirm that evidence of infringement provided by AFACT was indeed accurate (before passing notices to their customers), it would be necessary for the ISP to breach copyright.

“If one wanted to check the DtecNet evidence and see on a range of IP addresses supplied by iiNet that infringing material was online, the only way to do it would be to use the BitTorrent client like DtecNet did, construct the parameters of the IP address range, locate the file and compare it to details in the spreadsheets,” said Cobden, as quoted by ITNews.

Cobden said that if iiNet passed unproven infringement notices to its customers, it would face problems if the account holder disputed the claims. After all, iiNet had only AFACT’s word that an infringement had been carried out, but absolutely no proof or other information to have a meaningful discussion on the issue.

It is likely that Cobden will finish his closing submissions next Tuesday 24th. The Internet Industry Association’s application to become a ‘friend of the court’ will be heard on the afternoon of that day, bringing the original date forward by two days.

The case will then end either next Wednesday or Thursday, but readers are advised not to hold their breath for the verdict – it could take several months to arrive.

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

The site has grown steadily over the years and continues to do so, despite a setback in court this summer. In fact, today the 10 billionth torrent file was downloaded from Mininova, an impressive achievement to say the least.

Although the site is still going strong, with the increasing visitor numbers month after month, things have definitely changed behind the scenes.

When asked for a comment on whether they had predicted the site would grow this rapidly, Mininova co-founder Erik Dubbelboer told TorrentFreak: “We never really expected anything. We don’t really tend to focus on these numbers, we are just trying to run the site the best way we can.”

Previously the Mininova team welcomed these download records with more enthusiasm, but times have changed. In common with their counterparts at the Pirate Bay, we get the impression that the torrent site is not their core business anymore, which is not really that surprising considering the legal troubles Mininova faces.

In August, Mininova lost in court against Dutch anti-piracy outfit BREIN. The judge ruled that the world’s largest BitTorrent indexer had to clean up its site and remove all torrents that link to infringing content. Mininova has yet to decide whether or not they will appeal the case.

Possibly related to this uncertain future, Erik said that they are not going to release any new features or major upgrades to the site anytime soon. “At the moment we are mainly focusing on other projects besides Mininova,” he informed us.

This year has undoubtedly been a turbulent one for Mininova. Nevertheless, we want to congratulate the Mininova team for reaching this new milestone, whether they like it or not.

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

“The idea is to sell USB drives using this brand,” said Sandryds Handel spokesman Bengt Wessborg.

“We saw that it was not already allocated to someone else. It was not registered.”

The company went on to register an almost exact copy of the logo, differing only slightly in color and lacking a capital letter on the word ‘Bay’. The move was accepted by PRV, Sweden’s Patent and Registration Office.

Ex-Pirate Bay spokesman Peter Sunde was not happy with the move.

“They [Sandryds] knew that [the logo] was not owned or created by them and they [registered the logo] to attain a position of power against The Pirate Bay,” he wrote in an email protest to PRV.

After earlier saying that they were prepared to strike a deal with The Pirate Bay over the logo, that offer appears to have come to pass. Following discussions with Sunde, Sandryds have now backtracked and agreed to de-register the trademark. But they don’t come away empty-handed.

Company spokesman Bengt Wessborg told SR they are happy with their achievement, having secured permission to use the Pirate Bay logo on a new product.

“We have had permission from The Pirate Bay to sell a media player with the logo on,” said Wessborg.

Although the mechanism by which Sandryds achieved this permission was more than a little dubious, admittedly the choice of end-product to display the logo seems the perfect fit.

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

Often public or open trackers are heavily loaded and operated on a shoestring budget, either as an ancillary project or out of someone’s pocket. This can leave them prone to unexpected downtime, requiring DHT or additional trackers to be added to torrents in order to find peers. Additionally, the sudden announcement by The Pirate Bay to kill their tracker has left people scrambling for trackers as an alternative to DHT.

Previously, the only way to check if such a tracker was down was to ask on a forum, IRC channel or news sites like TorrentFreak, hoping that someone knows the answer. Now, though, there is Trackon, a site that hopes to provide answers to these questions in a clear, concise and simple manner.

Trackon uses the Google AppEngine, just like its sister project Atrack. This means that initial costs are low and reliability of the site should be good – exactly what is needed when it’s reliability of sites being measured.

The site currently monitors 46 public trackers, including favorites such as OpenBittorrent, and DenisStalker. Even better it a offers a recent history of status checks and also shows if trackers support SSL, which is a boon to those looking for secure communications.

Uriel, the genius behind Trackon (and also Atrack) told TorrentFreak that his motivation was finding a way to make the BitTorrent infrastructure more decentralized and reliable, without actually requiring any changes to the protocol or clients.

“My conclusion was that a really easy to deploy tracker would make it possible for anyone to set-up and run their own trackers, either private or public. Combining that with Google’s AppEngine was just logical. Trackon came from there,” he explained.

Trackon is still in development and is having more features added as time goes on. Meanwhile, the number of public trackers out there is surprising, exceeding Uriel’s own expectations, “I thought at first there would only be about a dozen trackers, but it’s over fifty now,” he told us.

If nothing else, Trackon proves that the hydra is alive, and spawning trackers.

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

Despite this success, The Pirate Bay operators today decided to pull the plug and close down the tracker permanently. The evolution of the BitTorrent protocol has made trackers redundant they say, as BitTorrent downloads work well with trackerless solutions such as DHT and PEX.

“Now that the decentralized system for finding peers is so well developed, TPB has decided that there is no need to run a tracker anymore, so it will remain down! It’s the end of an era, but the era is no longer up2date. We have put a server in a museum already, and now the tracking can be put there as well,” the Pirate Bay crew write on their blog.

Aside from this shutdown, there is also another major development quietly under discussion.

TorrentFreak has learned that behind the scenes the Pirate Bay operators are talking to other BitTorrent site owners to encourage them to follow suit and completely ditch torrents in the future. BitTorrent has reached a point where trackers and torrents are no longer needed to download files successfully. Supported by all of the major BitTorrent clients, DHT and PEX can handle the transfers and Magnet links can largely replace traditional torrent files.

“We’re talking to the other torrent admins on doing magnet links and DHT+PEX for all sites. Moving away from torrents and trackers totally – like pick a date and all agree ‘from this date, we’ll not support torrents anymore’,” a Pirate Bay insider told TorrentFreak.

Switching to trackerless and torrentless downloading on public BitTorrent sites does indeed seem to be an option. Previously, many people thought that BitTorrent would collapse if a dominant tracker like the Pirate Bay went down, but this doomsday scenario never unfolded. In fact, the recent downtime of the tracker did not slow down or stop many transfers, as DHT and PEX seamlessly took over.

Those BitTorrent users who don’t want to go trackerless just yet can of course still use OpenBitTorrent and PublicBitTorrent, or indeed one of the many other alternative trackers currently available.

Whether or not The Pirate Bay and others will move away from torrent files in the future, the closure of the world’s largest BitTorrent tracker is nevertheless a milestone in the history of the Internet. Starting today, the Pirate Bay has changed its tagline from “The world’s largest BitTorrent tracker” to “The world’s most resilient (magnetic) BitTorrent site.”

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

The latter group has not been very successful in convincing the big labels to change their anti-piracy strategies, but when MC Hammer says STOP they will have to listen.

In a recent interview Hammer commented on the industry’s struggle with piracy and the future of music in the digital age. In Hammer’s view, the RIAA’s legal battles against file-sharers have only alienated buying customers. ”The approach that the music industry took to fight piracy was the wrong strategy,” he said.

Aside from going after individuals, the entertainment industries have also targeted ISPs, for enabling their customers to pirate. The most prominent case at the moment is that of AFACT against iiNet, where the anti-piracy group wants the Aussie ISP to disconnect repeat infringers.

Using a murder and gun analogy to appeal to his fellow rappers, Hammer argues that AFACT is going after the wrong party by targeting the ISP.

”When there is a murder done with the gun, do they go back to the guy who sold the gun at the store and arrest him? No they don’t. They arrest the person who did it. So in this particular case, somebody is stealing content using the freeway. You can’t go back and sue the construction men,” Hammer said.

In addition to calling for a stop to the legal battles, Hammer thinks the music labels should focus more on digital content instead of trying to sell plastic to a generation of people that have never even owned a standalone CD player.

‘Digital files are no doubt not just the future, but the present. I think that it’s [the CD format] on its last legs, it’s on an artificial respirator,” Hammer commented.

“I don’t know what would turn them on about having to go through that terrible exercise of trying to open the packaging – it’s unbelievable when you’re trying to open a CD, right? You need a box cutter … it’s a tough deal to get it open. And once you get it open … you go and upload it to your computer,” Hammer added.

Hammer has a fair point there. Digital sales are breaking records year after year in terms of revenue generated, while the decline in physical CD sales is more likely to be a sign of the times rather than a side-effect of music piracy.

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

However, despite the shunning of the multi-colored approach of the above, among those millions of Internet users for whom BitTorrent has become a way of life, or those technology reporters who have written so much about the site, the logo employed by The Pirate Bay is also very recognizable indeed. The ship emblem, with its sails featuring the outline of a cassette tape-and-crossbones, has been reproduced millions of times on countless numbers of websites and products.

The Pirate Bay, in line with their sharing ethos, has always allowed people to use the logo free of charge and even makes the artwork publicly available in usable, scalable formats to ease its reproduction, some of which were used to create fan tattoos. But that is still not enough for some greedy individuals.

Today news broke that a private Swedish company, noticing that the logo had no commercial protection, took the opportunity to hijack it. The outfit, Sandryds Handel AB, have officially registered the emblem as their own with the authorities, with the intention of commercially exploiting it.

While admitting they have absolutely nothing to do with The Pirate Bay, in a radio interview Sandryds Handel spokesman Bengt Wessborg defended his company’s action.

“The idea is to sell USB drives using this brand,” he told SR. “We saw that it was not already allocated to someone else. It was not registered,” he added.

A spokesman for Sweden’s Patent and Registration Office said that they were unable to find that any rights to the logo were held by The Pirate Bay, therefore they were able to allocate them to Sandryds.

The logo registered by the company is very slightly different in color to that of the original Pirate Bay design, with ‘The Pirate Bay’ written as “The Piratebay”.

Commenting on the news, ex-Pirate Bay spokesman Peter Sunde told TorrentFreak: “It will be turned over quite easily, it’s a preliminary registration that is being ‘tested’,” adding that while anyone can use the logo for any purpose they like, they may not take any action which limits the way other people can use it.

Peter says he wrote to Sandryds, and they replied telling him “…that they were amazed themselves and just wanted to try.”

TorrentFreak asked if The Pirate Bay is going to try and get the logo back, and we were told that they would try to get the decision by the patent office anulled, adding that the registration wasn’t legal and is therefore prohibited by law.

“It’s a person at the registration office that has made an error – willingly or not, we’re not sure,” they added.

“It would be nice if they liked it,” said the Sandryds spokesman in a statement. “But we may perhaps enter into dialogue with them if needed,” he added.

Needless to say, certain Pirate Bay supporters will not “like” this hijacking at all, and offering discussions over the reappropriation of an emblem they already see as their own will be tantamount to waving a red rag at a bull.

History shows us what happens to outfits who take negative actions against The Pirate Bay, so on past experience, if Sandryds Handel hope to keep doing business on the web in any meaningful way, they may want to quickly reassess their position.

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

DL then wrote to the individuals demanding several hundred pounds to make the threat of a lawsuit disappear. Some paid up, but many did not, and the only cases DL took to court were against those who didn’t defend themselves.

Generating revenue from porn proves controversial

Then the law firm overplayed its hand and got into bed with DigiProtect, the German piracy exploitation outfit with a catalog of hardcore porn titles to its name. The rights were signed over to the company by the copyright holders so that DigiProtect could use them to generate revenue – lots and lots of revenue.

After mountains of bad publicity, DL withdrew from this business model. In May this year, the exact same scheme reappeared with UK lawyers ACS:Law. TorrentFreak asked company owner Andrew Crossley about the connections between ACS and DL – his reply: “NONE”. However, it was crystal clear that there were many links, not least that staff from DL were now working at ACS:Law directly on these cases – known cyber-squatter Terence Tsang as one example.

We’ve known all along that if those threatened put up a spirited defense and refused to be cowed they were never taken to court, but we had no proof as to the mechanism employed. Then, out of nowhere, months ago someone from inside either Davenport Lyons or DigiProtect leaked lots of sensitive documents to German news outlet Gulli.

Having remained secret until now, the documents made very interesting reading and along with a helping hand from TorrentFreak and armed with the leaked personal details and email addresses of some of the letter recipients, Firebird77 at Gulli was able to confirm the authenticity of the documents.

Document 1 – Ranking alleged infringers in order to decide who to pursue

The first document reveals how the targets are ranked based on an estimation of how likely it is that they will pay up. Each alleged infringer has their details filled in on a form (download here from WikiLeaks). The document shows that despite the claims that an IP address alone is irrefutable evidence of an infringement and will lead to being taken to court, the reality is rather different.

Letter recipients are given a ranking based on many parameters. Does the law firm want to continue to pursue the person? What are the chances of success? A zero would mean “no action” up to ten which would mean the respondent is ripe for maximum pressure. One letter recipient hired Michael Coyle at Lawdit Solicitors to defend him and this earned him a “three”.

One part of the form is entitled “Circumstances” and this is a very surprising section indeed. Despite the “fact” that the law firms supposedly already have solid evidence of infringement that they say will lead to court action if recipients don’t comply, the section seems to show that they make their decisions on who to pursue based on the recipients’ personal circumstances.

One circumstance is labeled “impecuniosity”, i.e the letter recipient is flat broke. Another is whether the recipient is on state benefits – this is expected to be proven by way of copies of benefit books and/or letters. TorrentFreak has evidence that one gentleman was asked to prove that he was indeed disabled in order to make the claims go away. Other circumstances include whether the recipient is a pensioner, a student or a child.

One other circumstance is an eyebrow-raising “out of jurisdiction” (no rightful claim could be made the against the recipient) along with whether or not the individual was aware of that fact.

The form also lists possible defenses that recipients rely on, including the breach of their wireless router, a virus infected PC, not being at home when the infringement occurred, no knowledge of infringement or the possibility that someone else in the location carried out the infringement.

Document 2 – Letter from lawyer Dr Kornmeier from Kornmeier & Partner to Brian Miller at Davenport Lyons

The 14 page document (download from WikiLeaks) details the agreement DigiProtect enters into with rights holders in order to exploit their copyrights for profit.

Included is a section which confirms that the original rights holders sign over the rights to DigiProtect so that they are legally allowed to make the works (hardcore porn movies) publicly available on P2P networks such as BitTorrent. Dr Kornmeier asks: “Does this constitute any problem under UK law?”

According to page 2 of the letter, when the recipient of these letters pay up, the spoils are divided up as follows – 51% to DigiProtect, 37.5% to Davenport Lyons and 11% to DigiRights Solutions. The remaining pages detail the exact business arrangement along with a list of the hundreds of porn movies covered by the agreement.

TorrentFreak discussed the documents with staff at the excellent BeingThreatened.com, a site set up to support and inform those targeted by Davenport Lyons and ACS:Law in the UK.

“These documents confirm what we have long suspected,” they told us. “This scheme is not about getting justice for the rightsholders at all; it is there to fill the pockets of companies like DigiProtect by exploiting many innocent people. Everyone with an IP address has reason to be worried about becoming a victim of these exploitative practices, whether they use P2P networks or not.”

Indeed, John Stagliano, boss of porn company Evil Angel which also worked with DigiProtect, admitted to earning less than £50 from each infringement and told the BBC the scheme “…was completely misrepresented” to him.

Uk consumer magazine Which? earlier reported Davenport Lyons to the Solicitors Regulatory Authority for alleged “bullying”. It will be interesting to see how these documents develop that case.

Thus far just two documents have been made public. Stay tuned for further updates.

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

The legislation came into force on April 1st this year, and the very next day the Netnod Internet Exchange reported a significant drop of 30% in Swedish Internet traffic. This dramatic reduction in data transfers was attributed to file-sharers reigning in their activities on fears of being identified by anti-piracy companies.

In response to the news, Swedish Pirate Party Chairman Rick Falkvinge told TorrentFreak that most experts believed that the initial “scare effect” would wear off in time. They were absolutely right.

Current data from Netnod reveals that traffic levels in Sweden have not only returned to normal, pre-IPRED levels, but actually seem on track to surpass them. This increase is partly natural, but the relatively steep climb in recent months seems to suggest that P2P traffic is on the rise again.

While anti-piracy and copyright groups are working hard to clock up successes in getting governments to implement increasingly tougher laws to deal with online file-sharers, they too aren’t sitting back and accepting defeat in the face of these new challenges. Many are turning to services which enable them to hide their identities.

Recently the Cyber Norms sociological research project reported that 10% of Swedes aged between 15 and 25 were taking measures to neutralize online surveillance, with as many as 500,000 of their countrymen following suit. Måns Svensson, PhD in Sociology of Law in Lund, estimated that 6 to 7 percent of all Swedes could now be hiding themselves online.

In this cat and mouse game, the cats have to spend millions of dollars and years of effort to achieve their aims of getting new legislation to protect their interests. However, in a crushing response, the mice spend just a few minutes in thought deciding how to spend a few dollars in order to instantly neutralize the threat.

As people around the world look forward to the festive season, it must seem like Christmas every day for VPN suppliers.

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

In this short time span it was downloaded by more than 400,000 people on BitTorrent alone, earning it a spot in TorrentFreak’s chart of top 10 most pirated movies this week.

For most Hollywood bosses this is usually a trigger to start complaining about lost revenue, but the makers of Ink are welcoming their new pirate audience.

In an email to the followers of their newsletter, Jamin and Kiowa Winans say that they have “embraced the piracy” and are “just happy Ink is getting unprecedented exposure.” Thanks to the pirated copy their movie jumped to 16th place on IMDb’s movie meter, and according to the makers this increased popularity also boosted DVD and Blu-ray sales.

Who needs a hefty marketing budget to promote a movie (and merchandise) when they have BitTorrent? Sent out a few hours ago, here’s the mailing in full plus a follow up response from Kiowa.

Dear Fans and Friends,

Over the weekend something pretty extraordinary happened. Ink got ripped off. Someone bit torrented the movie (we knew this would happen) and they posted it on every pirate site out there. What we didn’t expect was that within 24 hours Ink would blow up. Ink became the number 1 most downloaded movie on several sites having been downloaded somewhere between 150,000 to 200,000 times as far as we can tell. Knowing there’s absolutely nothing we can do about it, we’ve embraced the piracy and are just happy Ink is getting unprecedented exposure.

As a result, Ink is now ranked #16 on IMDb’s movie meter and is currently one of the top 20 most popular movies in the world.

This all started as a result of the completely underground buzz that you’ve each helped us create. We’ve had no distributor, no real advertising and yet the word of mouth that you’ve generated has made the film blow up as soon as it became available worldwide. So many of you came to see the movie multiple times, bringing friends and family and many of you have bought the DVD and Blu-ray from us. All of this built up and built up and suddenly it exploded.

We don’t know exactly where this will all lead, but the exposure is unquestionably a positive thing.

Ink hits Netflix, Blockbuster, iTunes and many more tomorrow! Remember to get your signed copies, t-shirts and posters at the Ink Store.

Thank you so much for the constant love and support.

Jamin and Kiowa
Double Edge Films

And the follow up response we got from Kiowa, in reply to this article.

Dear Ernesto,

To say we are shocked by all this news and are digesting it rapidly is an understatement. We made this film in Denver, CO on a budget of $250,000 and have fought to bring it to 15 cities ourselves over the past ten months. Hollywood has claimed that they don’t know how to market the film or that it doesn’t have an audience, and what BitTorrent has done in the last four days is prove, unequivocally, that Hollywood is wrong.

So is this the best thing that could happen to our little film? Absolutely! There is no way this many people would know about the film otherwise, or that our IMDb MovieMeter would have shot up an astounding 81,000% from a few days of activity over the torrent sites. What Hollywood would calculate as lost dollars, we calculate as fans earned. Due to many suggestions from downloaders over the past few days we have established a Donate button on our Store page for people to contribute what they can. Thank you for posting that info.

We’re not looking to get rich, but would like to pay back our investors and the enormous amount of personal debt we’ve gone into making the film. We’re also not looking to make Hollywood films (Jamin has had several opportunities) and plan on continuing the march of making fiercely independent films. In order to do that we have to count on the power of the people, eyeballs all over the world and torrenters to throw our film a few bucks apiece. It’s the indie film model of the future and we appreciate each and every person who takes the time to watch our film. It appears we’re all rebels here… so let’s wave that flag proud.

Again, we are really floored that all of this is happening and that you’ve opened up the conversation!

All the best,

Kiowa K. Winans

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

The case continued in the Federal Court, with AFACT making its closing submissions and tearing into iiNet witnesses CEO Michael Malone and chief regulatory officer Steve Dalby.

The film industry, represented by chief barrister Tony Bannon, labeled Malone’s evidence as “incredible”, “evasive” and unreliable. Bannon said iiNet gave nothing but excuses for not acting on such notices and that Malone’s assertion that copyright laws should should be changed or an industry code introduced before he could act on infringement notices were “extreme”.

Since only Malone and Dalby appeared for cross-examination on behalf of iiNet, Bannon took the opportunity to criticize the company for not putting forward other staff from the company, who, Bannon claimed, would be better placed to answer the questions during the trial.

Bannon said this had put Malone and Dalby in the position of providing evidence on matters they knew nothing about, citing the pair’s lack of BitTorrent knowledge as a prime example.

“To put forward these two gentleman as the extent of familiarity of BitTorrent in the company is an entirely inaccurate picture of a company which plainly has a mass of technical expertise,” said Bannon, as reported by ITNews.

“It beggars belief that a company which paints itself as an Internet pioneer doesn’t have a level of knowledge within that company that knows exactly how the BitTorrent client works,” he added.

On an earlier claim where the iiNet CEO claimed to understand the BitTorrent protocol by not the operation of a torrent client, Bannon said it was a nonsense, to which insult to injury was added when it was revealed that iiNet operated its own BitTorrent tracker.

Bannon said it was clear to him that the only individuals in the court who claimed to know little to nothing about torrents were Malone and Dalby, but in reality the company understood the system perfectly well. Its motive for this stance, he said, was so that the company could distance itself from the accusations of authorizing the copyright infringements of their customers.

Bannon also heavily criticized Dalby’s evidence when he claimed to have the company’s policy on taking action only against repeat infringers “in his head”, insisting that no such policy exists.

iiNet is also asking the court to find its own terms and conditions both unenforceable and unreasonable, said Bannon as quoted by CW.

Although iiNet has asserted time and again in the case, that if a court ruled that someone had infringed copyright the ISP would disconnect them, the AFACT barrister said that iiNet’s own terms alone gave them the right to disconnect copyright infringers, and dismissed the ISP’s claims that the clause was unenforceable.

AFACT claims that iiNet engaged in secondary acts of infringement when it failed to stop its subscribers sharing illicit files on their network, citing the legal principles established in the 1975 case known as University of NSW v Moorhouse, details of which can be found here.

According to another report, the case could run over into a fifth week to 19th November and beyond to allow enough time for iiNet lawyers to prepare the company’s closing submissions.

The case continues.

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

The link uses the torrent hash and DHT to download content and allows for additional trackers to be added. Thus far, most BitTorrent users have ignored this alternative download method, but thanks to the Magnetiser Firefox add-on, this might change.

The idea behind the add-on is simple. It allows users of meta-search engines, such as Torrentz.com, to download a torrent’s magnet link without having to go to an external site where the torrent is hosted.

“I’ve recently written an add-on for Firefox that generates magnet links for torrent pseudo-indexers that don’t host torrents but does list them by their hashes. So far it supports Torrentz and isoHunt, but the code is simple and could be extended to any searchable indexer that shows the info hash either in the URL, or on the torrent page,” the coder of the add-on told TorrentFreak.

Once the add-on is installed, users can click the ‘magnetise’ link at the bottom right of their Firefox window when they are on a torrent detail page on Torrentz. This will launch a new window that will prompt you to pick the torrent client of your choice.

We have to say that this usage of magnet links is a great idea, and it works like a charm. Not only does it save time, it also comes in handy when a torrent is no longer available on the external site. The only downside is that the title of the download as it appears in your client will not be very descriptive.

The add-on is not available on Firefox’s add-on section just yet, but those who want to try it can download this xpi file and drag it into the Firefox browser window. After it’s installed users can add additional trackers, but since it includes the most-used trackers by default, this is not really needed.

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

The site’s bandwidth supplier, Black Internet, was told it would face penalties of 500,000 kronor ($70,600) if it failed to carry out the order of the court.

The company complied, but after initially deciding it would simply accept the decision, its management later changed their mind and said they would appeal. Unless they did so, they noted, the same kind of action could be taken against other sites and ISPs with possibly far-reaching implications.

“This is the first time in Sweden that an operator has been ordered to stop delivering Internet to someone. We want to know if it’s correct to do so,” said Black Internet CEO Victor Möller at the time.

The ISP has now been authorized to take the decision to the Court of Appeal, but unlike Black Internet had requested the earlier verdict remains intact until the Court of Appeal decided otherwise.

“This is such a fundamentally important issue as far as ISP responsibility goes,” said Victor Möller to SR.se. “It is not important for us if we can deliver bandwidth to The Pirate Bay or not – it is about the principle,” Möller concluded.

Although the case will set an important precedent for ISPs in Sweden, The Pirate Bay itself hardly suffered as the site simply switched to a new provider and returned within a few hours.

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

Like all respected anti-piracy organizations, LANVA holds accounts at all the popular private torrent trackers, including LinkoManija. For a long time their account remained inactive, but this week LANVA claimed a small victory as it reported the IP-addresses of 106 users of the site to the police.

According to the anti-piracy outfit, the reported users were caught sharing a copy of the newly released Windows 7 Ultimate operating system. As evidence the self-proclaimed investigators submitted a screenshot of peers listed by uTorrent.

The owner of LinkoManija was not impressed by LANVA’s actions. “Anyone can copy a peer list, but it doesn’t prove that anyone downloaded the full file or actually uploaded anything,” Kestas told TorrentFreak. “It can’t be used as serious evidence,” he added.

LANVA disagrees and hopes that the police will track down the identities of the accused infringers. If this happens the users will face fines of up to several hundred dollars, plus additional damages Microsoft’s lawyers may call for.

In a response the owner of LinkoManija has reported LANVA to the police. People who are affiliated with an anti-piracy group are not allowed to use LinkoManija according to the site’s disclaimer, and Kestas has asked the police find out whether LANVA broke the law.

“We contacted the police and asked them to investigate how LANVA obtained the information, because we did not give them permission,” Kestas told TorrentFreak. The police informed him that they would look into the case.

If any of the reported users faces legal action, Kestas says he will help them out with legal support. “We told our users that we will be fighting for them if they get in trouble, because it’s a fight for the freedom of us all,” he said. “Our users are our strength,” he added.

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

“As the law is today, you can not have a media center without breaking the law,” he told TorrentFreak.

“When I think of a media center it is a place where you have all your movies, pictures and music together. You can only do that by having a digital copy of the movie.”

Henrik told us that he had taken this action to draw attention to laws which allow him to copy DVDs for his own personal use, but forbid him to remove the DRM in order to do so. In his confession he asked Antipiratgruppen for a response by December 1st, indicating if they are prepared to take action against him.

The group has announced that Henrik will indeed get a response, but didn’t tell him directly, instead preferring to comment via the press.

“It is a political matter, and we have sent it to the Association of Danish Videodistributors so they can consider it. But Henrik Andersen will get a reply by 1st December,” said Antipiratgruppen lawyer Thomas Schlüter to Comon.

Schlüter went on to say that proving this type of infringement is usually impossible.

“Unless people confess, then it’s impossible to prove that they have broken copy protection. We can not break down the door to people’s homes and explore what they have available on their media server,” he said.

Poul Dylov, director for Warner Bros Denmark and chairman at the Association of Danish Videodistributors, said they will have a meeting next week to decide whether to report the matter to the police.

Dylov added they have not previously encountered a similar event, and consider the confession to be a media event, an assessment with which Henrik agrees.

“Of course, until now the film industry has not met the intentions of the law and as the culture minister will not force the film industry [to allow copying by removing DRM] by changing the law, then there must indeed be an awareness of the problem through the media,” he explains.

“But the whole problem lies in a sense with the Minster of Culture who does not follow its own interpretation of the law and the intentions of it. This gives the film industry an easy ride to the detriment of consumers,” he added.

All will be revealed here, on or before December 1st.

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

The case continued Friday in the Federal Court, with iiNet’s chief regulatory officer, Steve Dalby, taking the stand following his first appearance Thursday afternoon.

Yesterday, Dalby recalled having difficulty in understanding some of the terminology utilized by AFACT in the infringement notice spreadsheets it submitted to iiNet.

Dalby told AFACT barrister Tony Bannon that iiNet had told AFACT there was an issue with some items being unclear in the spreadsheets.

“There was no legend associated with this spreadsheet. I had to make an assumption. We asked AFACT for more information,” ITNews quotes Dalby as saying.

Bannon then criticized Dalby for not being specific and expecting AFACT to guess at which terms were not understood, but Dalby pointed out that he expected AFACT to contact the ISP for clarification.

Further discussion took place on the issue of IP addresses and how iiNet allocates them to customers. Time and again, Dalby explained that IP addresses are allocated to a customer account and they do not necessarily represent any particular computer that the customer may use.

In what is becoming a recurring theme, today Dalby told the court that iiNet had no intention of forwarding AFACT’s copyright infringement notices to its customers purely on their allegations.

“Our position was that we should not be doing AFACT’s work,” said Dalby. “If we had received authorization by way of court order, that would have changed our position.”

AFACT went on to tender a draft e-security code of practice from the Internet Industry Association (IIA) created earlier this year. It proposes that in future, ISPs could contact, and maybe even disconnect subscribers, who have malware-ridden computers which negatively affect networks. Despite Justice Cowdroy indicating that its relevance was peripheral to the case and wouldn’t but much use when he comes to make his decision, it was allowed.

Dalby said he believed that iiNet had not been involved in the draft and he was personally unfamiliar with it. CW reports that he had been quoted on the issue in the media, but Dalby said that it was a regular occurrence for the press to call him to comment on issues he was not yet familiar with, and in this particular case his comments were “neutral and non-committal”.

In September we reported that Australia’s Internet Industry Association (IIA) felt it had something to offer these court proceedings. IIA applied to be amicus curiae, a ‘friend of the court’, but AFACT objected, insisting the group would not be impartial and would favor iiNet.

The decision on whether this will be allowed or not has been delayed until next week.

In an indication that AFACT still objects to an IIA appearance, Bannon said that “….there’s a conceivable possibility they don’t want to add anything other than to say ‘hear, hear’,” apparently to the amusement of the court.

AFACT barristers are scheduled to make their closing statements next Monday afternoon.

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

Today the project releases the film ‘In Guantanamo’ which makes a worldwide premiere on BitTorrent. The film documents filmmaker David Miller’s three day tour of the controversial camps, invited by the U.S. government.

“Although the event was presented as a chance to ’see inside’ the working of Guantanamo, it was in fact a carefully staged PR exercise designed to yield predictable, stale, controlled media images,” we read on the Gitmo’s VODO release page.

The film has been officially released on VODO today and is currently featured on both isoHunt and The Pirate Bay. With help from these sites and several other partners well known to the file-sharing community, the project is able to attract a lot of eyeballs for upcoming and already established film talent.

VODO founder Jamie King told TorrentFreak that the project’s first film performed really well. “I think the first VODO release was a great success,” he said. “Around 250,000 downloads through our DISCO partners — as the filmmaker put it, that was more than his terrestrial TV release in the UK.”

As the project’s name already reveals, downloaders are encouraged to donate to the filmmakers if they appreciate their work. King told TorrentFreak that quite a few downloaders have donated generously. Not enough to fund a new movie obviously, but as the project gains more attention it is likely to bring in some serious income for the filmmakers.

In Guantanamo can be downloaded for free here.

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

The case continued Wednesday in the Federal Court, with iiNet CEO Michael Malone taking the stand for the third consecutive day.

Again AFACT barrister Tony Bannon tried to portray iiNet as an encourager of copyright infringement on its network, by referring to iiNet marketing where the ISP measures bandwidth in terms of how much music or TV episodes people can download. Malone said the company did this simply to give a customer an easier barometer by which to measure their consumption.

When questioned on the music aspect, Malone said the company referred to legal downloads, such as those from iTunes. Bannon countered by saying this could not be the case, since iiNet did not count downloads from iTunes towards a customer’s bandwidth quota.

According to iTWire, a welcome email from iiNet to new customers ended with, “Thanks for choosing iiNet. Happy downloading.”

By drawing attention to the above ponts, AFACT hopes to show that iiNet encouraged infringements, thereby losing its safe habor protection as a carrier.

CW reports that AFACT presented press articles regarding the levels of BitTorrent transfers on the Internet, in the context of actions taken by ISPs in order to limit P2P traffic.

In one article, Malone had said that BitTorrent transfers accounted for around 50% of all Internet traffic and admitted in court that BitTorrent had been used on iiNet’s network since it became available. He went on to agree that while much of this traffic involved the transfer of movies and TV shows, he didn’t feel that “..every young person in Australia is downloading illegally using BitTorrent.”

One exchange apparently raised a laugh in the courtroom when Bannon accused Malone of attracting heavy-usage customers in order to boost iiNet profits.

“I would prefer [those customers] go to someone else and let someone else be sued,” said Malone.

“And you’re happy to take their money in the meantime?” Bannon asked.

“Yes,” he replied.

Yet again, Bannon raised the issue of iiNet’s failure to forward AFACT copyright infringement allegations to its customers. However, an email presented from the Internet Industry Association’s Peter Coroneos, indicated that he was concerned that doing so could lead to an assumption that ISPs are responsible for the actions of their customers.

In the email exchange with Malone, Coroneos said it would be preferable and advantageous for all involved if the content owners could provide some legal alternatives.

After Bannon showed the court documentation showing policies in place at rival ISPs to deal with allegations of copyright infringement, Malone again confirmed that iiNet has no formal policy on how to deal with these type of allegations, noting that the company had yet to be presented with evidence of what he described as a “repeat infringer”.

Earlier in the case, Malone had defined a repeat infringer as one who had been proven as such by a court, but Bannon mocked Malone, asking if the iiNet CEO had just heard what he’d said and would he like to think about the question again for a moment.

Malone said he didn’t and Bannon accused him of treating the proceedings as a game.

The case continues tomorrow.

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