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.

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 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.

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.

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 Lisbon Treaty was ratified yesterday by Vaclav Klaus, President of the Czech Republic, who was the last to sign the document.

Ironically, The Pirate Party was against the Lisbon Treaty, which has now doubled the number of seats the party has in the European Parliament.

The newly gained seat will be awarded to Amelia Andersdotter, who will become the youngest Member of the European Parliament. In order to free up time for her political career, Amelia recently decided to quit Economics and Spanish at Lund University in Sweden.

Besides fighting for fairer and more sensible copyright legislation, she will also spend time on education and the development of Europe’s knowledge economy.

“The Parliament needs to be going for a sustainable knowledge economy, and that’s where I come into play,” Amelia told TorrentFreak.

Amelia will officially take her seat in Brussels on December 1st, where she will be joining Christian Engstrom. The two will have plenty of work to do in the years to come, countering the growing influence from pro-copyright lobby groups.

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

What bothered us the most is that the item conveniently mixed file-sharing with commercial piracy, while linking it to organized crime, human trafficking and child prostitution. This setup is a bit misleading to say the least. That aside, the claimed role that piracy plays in organized crime is based on an MPAA-funded study we have previously debunked.

The MPAA’s stance didn’t really surprise us that much though. Their job is to manipulate public opinion in the hope that less people will engage in illicit file-sharing. But it was disappointing to see that CBS didn’t care to bring someone in to counter the arguments of the anti-piracy lobbyists.

No, instead they managed to get director Steven Soderbergh on, who joined the movie industry trade group by providing more twisted facts. Reciting the MPAA’s propaganda, Soderbergh said he wished the Internet was never invented. “Piracy is costing Hollywood $6 billion a year at the box office,” he told the reporter, adding that “as the margins of profit shrink, fewer projects get made, which means fewer people go to work.”

These statements are both inaccurate, or at least highly doubtful. The $6 billion statistic Soderbergh is referring to actually comes from an MPAA-funded report for which the sources were never revealed. In fact, the MPAA itself had to release a statement saying that they “made a mistake” with one of the figures, but they continue to use the report nonetheless.

Similarly, Soderbergh’s claim that “fewer projects get made” was debunked only last week after Sony boss Michael Lynton made a similar statement. The opposite seems to be true. Hollywood is far from bankrupt. In the past decade box office earnings actually increased significantly.

The only piece of the entire item that was pretty accurate and worth watching was the explanation of how BitTorrent works. John Malcolm, a former Director of Worldwide Anti-Piracy Operations for the MPAA shows that his work for the trade group paid off, as it turned him into a BitTorrent expert (video below).

The entire piece is disappointing nevertheless. It fails to ask the questions about why people download movies illegally and acts as if the movie industry is a powerless victim. Perhaps Hollywood should start to see the millions of illegal downloaders as potential customers instead of thieves. There’s a huge demand for online entertainment, so why not compete with piracy instead of spending millions of dollars fighting it?

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

As anonymous investors pulled out and promises from the shareholders that they would come up with the funds themselves came to nothing, the deadline for the sale passed and the site stayed in the hands of Reservella, the Seychelles-based holding company that acquired The Pirate Bay two years ago.

But for those missing the optimistic press releases, bold statements and dramas of the attempted purchase by GGF, today brings good news.

According to a report, Reservella – with a helping hand from ex-Pirate Bay spokesman Peter Sunde – are in fresh talks with four potential buyers.

While the identities of two of the parties remains unknown, hints have been dropped about the other pair.

The first, GamersGate, is a Swedish company specializing in online computer games. Its CEO Theodore Bergquist, however, is playing his cards close to his chest.

“We are looking at many potential deals,” Bergquist told Di. “All I can say is that The Pirate Bay is an interesting brand loaded with great potential for those who deal with it properly.”

Holding a B.A. degree from Stockholm University, Bergquist joined Paradox Entertainment in May 2001 as CEO and was responsible for overall strategy, financial performance and growth initiatives. In 2004 he acquired the Interactive division of Paradox Entertainment and in April 2006 he became CEO of GamersGate, which was initially Paradox’s digital distribution portal.

Bergquist reported earlier this year that GamersGate had achieved 100% growth in business during 2008, both in terms of revenue and in the amount of new customers and titles on the site. The company is aiming at achieving up to 200% more during 2009. Owning The Pirate Bay’s domain would certainly help them achieve that.

The second potential buyer is a rather more familiar name – the utterly resilient Hans Pandeya.

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

For that experiment the stream was only broadcasted to a select group of people and not the entire Internet. Today, however, the lab’s researchers will launch their second BitTorrent streaming experiment on a much bigger scale, as they will broadcast a live stream of a live music performance for all the world to see.

“The setup is very simple at the cinema – we have a standard computer connected to audio and video mixers, which then feeds the P2P network,” Dr. Njål Borch, a senior researcher involved in the project told TorrentFreak.

The software they use to stream the performance is from the EU-funded P2P-Next project and several of the partners are also donating bandwidth for the experiment to make sure that everything runs smoothly.

The performance will take place at Aurora Kino in Tromsø as a part of the Insomnia electronic music festival. To spice things up, the lab is also sending a live feed to the Notch festival in Beijing, which is running in parallel with Insomnia, and to Skjervøy kulturhus in the far north of Norway.

However, since the broadcast is public this time, everyone with an Internet connection can tune in. The only thing required to watch the stream is the Swarmplayer software, or a browser plugin (Windows only). Both are linked on the project’s website.

According to Borch, this BitTorrent live streaming experiment is not just a proof of concept, it might eventually play a significant role in the future of live streaming on the Internet.

“If the scalability is good for live streaming, this can increase the amount of viewers without massive bandwidth bills. Another effect, which I am currently very much a fan of, is that adding more bandwidth is very easy – put up a seedbox and hand it the torrent. No administration otherwise necessary,” he told TorrentFreak.

Anyone who would like to be part of this world premiere can tune in at 5 pm CET when the broadcast will start. If all goes well you’ll be able to see a live performance of a new soundtrack to Pudovkin’s 1926 film, “Mother”.

Update: The broadcast ended and it’s replaced by a 5 minute clip of the concert so people can still test the streaming technology. It was a great success with visitors from all over the world.

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

With no legal basis, ISPs were extremely reluctant to comply, so government-mandated talks on the issue came to an end. On this particular battle, at least for the time being, the Coalition had to concede defeat, but they weren’t about to give up on the war.

Since it could not force sanctions on the end users, the Coalition – which includes the likes of Promusicae and SGAE – began to focus on Spain’s BitTorrent sites. In his first public appearance as Coalition president, Aldo Olcese noted there were 200 of them, up from 70 in just a few months.

However, as we mentioned in our earlier report, the Coalition’s ability to deal with these sites in the current climate is limited. Spanish courts have ruled time and again that if profits aren’t made directly from copyright infringements, BitTorrent sites are perfectly legal. Add this to the Chief Prosecutor’s May 2006 official instruction that effectively decriminalized non-commercial file-sharing, and the Coalition have an even steeper mountain to climb.

According to a new report, yesterday the names of the 200 sites were handed to the Spanish industry minister following the presentation of a report called Parasites’ Business (video below in Spanish), which was made jointly by the Coalition and CoPeerRight, who claim to be the world’s ‘premier’ anti-piracy company.

Coalition president Olcese pointed out the difficulties his group faces, describing Spain as a “piracy paradise” with “no legal, civil or administrative measures in place to combat this problem.”

CoPeerRight then gave a presentation based on its own research which it says shows that the average Spanish pirate web site can earn an absolutely astonishing €1.5 million ($2.2 million) a year in revenue, this based on an average of 150,000 users each, with some of them drawing 4 million unique visitors in a single month.

However, as we highlighted earlier, pure BitTorrent and other similar ‘linking’ sites do not profit directly from infringements, which means they are entirely legal. The Coalition hopes to be instrumental in changing this position.

Last week the Spanish government announced the creation of a commission to consider legislation to deal with the issue of copyright infringement. Coalition president Olcese told Billboard that he believes “there is a correlation between the setting up of this commission, with the fact the Spain’s assumes the six-month presidency of the European Union next January 1, and with the improved relationship between the leaders of the Spanish and U.S. governments”.

Indeed, earlier this year a very impatient US government growing tired with what it sees as a total lack of inaction on the issue, said that part of Spain’s “priority action” to decrease online piracy should include an agreement between ISPs and copyright holders to prevent infringing content being available on the Internet – code for “3 strikes”, a measure that not even the US has implemented.

While that option has disappeared, last week saw Spanish prime minister José Luis Rodríguez Zapatero make his first visit to the White House in his six years in office – the first by a Spanish leader since the country’s 2004 Iraq pullout, an event which didn’t go down well with the US. Zapatero is now offering to assist with the closure of Guantanamo Bay, a sign that relations are beginning to warm.

It seems now that the only savior of the Coalition and its partners will be a change in the law, but Coalition president Olcese couldn’t resist mixing up terms in order to create the impression that the 200 BitTorrent sites are currently illegal.

“We gave the government last April our proposals to establish an official register of legal Web sites and act against illegal sites. When we meet the commission, we shall reiterate our position,” he said.

Illegal is not the same as unauthorized or unofficial, as much as the Coalition would like it to be so.

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

As always, we’re looking forward to your commentary. For questions or suggestions, feel free to contact the crew at tv@torrentfreak.com. We encourage contributions from viewers!

An iTunes feed is available here, and a regular RSS feed here.

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

Considering the aggressiveness shown by some elements of the aforementioned groups – who would have infringers permanently kicked off the Internet if they could have their way – it is very rare indeed for influential people traditionally placed in the pro-copyright camp to make statements that are in harmony with their supposed opposition. Tomorrow, therefore, should prove a very interesting day.

After moving on from her position as Vice President of Digital Content for BBC Worldwide, Alice Taylor became Commissioning Editor for Education at the UK’s Channel 4. She is also the significant other of copyfighter, journalist, sci-fi writer and Boing Boing editor, Cory Doctorow.

Taylor will publish an essay tomorrow, commissioned by Perspectives, a government-funded website created to engage with Scotland’s creative industries. If the taster published today is anything to go by, it should prove explosive.

The Digital Britain report along with proposals for disconnecting Internet users for copyright infringements is quite the hot topic at the moment, but Taylor isn’t having any of it, and is scathing of those pushing for such action.

“We must not let these dying behemoths take away someone’s internet access – and connection to the world – for some accusatory, unprovable ‘piracy’ claim, ever,” she will write, probably accompanied by the unified rapturous applause of the entire online community.

Taylor will also take on Feargal Sharkey’s UK Music, calling them “copyright maximalists” and criticizing them for asking consumers to “respect copyright.”

In a further display of downright common sense, Taylor notes that piracy is “simply demand where supply does not exist,” and that the use of “pointless protection mechanisms” simply “restricts a person’s ability, as a creator, to be discovered.”

It’s been said a million times before, but the entertainment industries simply must find a way to compete with free. Services like Spotify are a step in the right direction, but their over-protective structures have the turning circle of a supertanker and unfortunately for them, something needs to be done right now. That “something” is not new legislation either.

With pragmatic individuals like Alice Taylor speaking up for common sense and telling it how it is without all the usual corporate waffle, hopefully we can get there sooner rather than later.

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

This week the appeal was heard before the Amsterdam court. BREIN’s lawyer tried to convince the judge that the three are responsible for the site’s daily operations. Lawyer Ernst-Jan Louwers on the other hand represented the Pirate Bay defendants, arguing that BREIN sued the wrong people.

In addition, Louwers revealed that BREIN brought in a credit report, apparently faked in an attempt to mislead the court. The report in question shows Fredrik Neij as the CEO of Seychelles-based Reservella, the company believed to own The Pirate Bay.

This misstep by BREIN was pointed out to the court, and former Pirate Bay spokesman Peter Sunde later wrote a detailed article summing up the inconsistencies. Now, a few days later everyone can see for themselves that the report is not what its supposed to be.

The documents prooving that the evidence presented by BREIN was false have now been exposed, on The Pirate Bay of course. The ‘leaked’ torrent (mirror) contains the following information:

- A fax of the Experian report as sent by BREIN.
- A pdf version of the Experian report with the unedited footer.
- A fax from Mossack Fonseca stating that they never acted as registered agent as the report claims.
- A document from the authorities stating that the company registered with the ID 32549 is NOT Reservella.

TorrentFreak contacted BREIN for a response to the alleged misstep, and director Tim Kuik told us that the Experian report was not used by their lawyer in court because there was already sufficient evidence that Fredrik, Gottfrid and Peter are responsible for The Pirate Bay.

“Denying their responsibility and playing hide and seek is what the gentlemen of The Pirate Bay have been doing since they began their illegal business”, said Kuik. “We have sufficient reason to assume that they are still responsible.”

“The company in the Seychelles looks like a thin veil to cover up what is really going on and it appears that they too like to play hide and seek just like the gents from The Pirate Bay,” he added.

The lawyer for the defendants totally disagrees with BREIN’s assessment. Aside from BREIN’s alleged attempt to fabricate evidence, he told the court that the three defendants are not the owners of the site. Even if they were, The Pirate Bay in itself is not illegal because it’s merely one of many distribution platforms that are available on the Internet, the lawyer told the court.

Whose side the court will take and whether or not the alleged attempt to manipulate evidence will be taken into account will be known in two weeks, when the appeal verdict is set to be announced.

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

As always, we’re looking forward to your commentary. For questions or suggestions, feel free to contact the crew at tv@torrentfreak.com. We encourage contributions from viewers!

An iTunes feed is available here, and a regular RSS feed here.

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

“We’re starting a BitTorrent tracker to show artists how to properly use P2P technology in order to gain access to a cheap and efficient marketing and distribution network,” Pirate Party spokesman Jake Daynes explained to TorrentFreak.

Just a couple of days later and already Canadian record label Thorny Bleeder Records is showing its support for the party and its new RivetTracker-based distribution system.

Thorny Bleeder Records is an independent record label and the fruits of a partnership between Art of Dying’s Jonny Hetherington and Greg Bradley along with industry veteran Brian Thompson. They aim to offer artists new options in today’s music business.

“As a show of support for the Pirate Party of Canada, Thorny Bleeder Records are proud to announce that our sixteen track, multi-artist Get Thorny compilation is now available for free on their website,” announced the label.

TorrentFreak caught up with Brian Thompson to learn more about their decision to embrace the Pirate Party and their tracker.

“Thorny Bleeder Records strongly believes in the culture of file sharing as a benefit to an artist’s development and to the growth of their fan base,” Brian told TorrentFreak. “It’s become increasingly difficult and expensive to have a band’s single added to a radio station’s playlist, so the Internet has quickly become the next best thing for new music discovery.”

“As a an artist and a record label, your number one goal is to be heard by as many people as possible. BitTorrent provides the perfect distribution for music discovery to occur, it’s today’s version of the record store listening post. Pirate Party’s new BitTorrent tracker provides us with the perfect avenue to expose our artists to an entire new audience that would otherwise be unaccessible,” he added.

Brian told us that Thorny Bleeder also supports the Pirate Party in their fight for copyright reform.

“The world has changed dramatically since these laws were introduced eons ago and it makes no sense to continue adhering to these old laws that no longer support creativity and distribution in the digital reality of today and tomorrow,” he added.

The compilation ‘Get Thorny’ can be downloaded here.

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

In 2002 he launched TuckerMax.com, a site where millions read about his real-life drunken and sexual antics, including one article about his earlier relationship with Katy Johnson, Miss Vermont 1999, which led to a lawsuit which fortunately for him, was later withdrawn.

Of course, Tucker Max had plenty more outrageous alcohol-fueled exploits to blog about, in fact so much so that in 2006 he released his book I Hope They Serve Beer in Hell which became a NY Times Bestseller in the same year.

Tomorrow, Max will bring his unique blend of entertainment to the big screen with the movie release of I Hope They Serve Beer in Hell. It will be a ‘limited’ release, which means that initially the movie will be available on a small number of screens then increasing as (hopefully) the movie grows in popularity.

However, at the moment the movie will only be available in the US, and initially only in Chicago. A Canadian release will take place in two weeks, which Max described as “stupid” while stressing that he has zero control over foreign distribution, “In ANY country.”

So what if you’d like to see the movie and it’s not available in your country?

Pirate it on the Internet.

“If you live outside the US and are desperate to see the movie and can’t find the release date in your country, then just pirate the movie and watch it online. I am serious. I have no issue with that,” says Max on the movie’s website. He also says the way to market a great movie is through word of mouth.

“Put it in front of people, let them see it, and have them tell their friends how much they liked it. That’s why we did the premiere tour. There is no better way to market quality, and by starting with a smaller release, it allows word of mouth to build and develop. This strategy has worked great with movies like ‘Slumdog Millionaire’ and ‘Juno’,” says Max.

Of course, there’s no reason why the same can’t be true with BitTorrent. But there are plenty of other movies around, why watch this one?

“Go see this movie,” says Max. “At the very least, you will laugh a lot and you will definitely see the most epic shit scene in movie history.”

I’m there.

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

However, that eventuality was denied after the Appeal Court investigated the bias issue and ruled that the judge’s ties to these groups did not influence his judgment.

Instead of a retrial an appeal has been granted which will take place in November. The case will be handled by judge Ulrika Ihrfelt who was previously removed from the bias investigation of judge Tomas Norström, because she too was linked to pro-copyright groups.

Today there is yet another question mark hanging over the head of another judge scheduled to play a major part in the appeal.

Launched as an answer to the file-sharing problem and the possible savior of the music industry, Sweden’s Spotify music service has been widely well received by both the industry and hardened pirates. But there is a problem.

According to an SR.se report today, one of the lay judges in the case has been revealed as an employee of the fledgling streaming music service.

“If the man is not judged to be biased he will be part of the court’s team at the right time,” said judge Ulrika Ihrfelt.

“I would not say there is a problem, but we definitely consider it a factor to which we must draw the attention of the parties, given that Spotify is a company that provides online music,” Ihrfelt added.

But of course, the problem goes just a little bit further than Spotify simply being a provider of online music. It also counts the major music labels – the absolute arch-enemies of The Pirate Bay – as shareholders.

Both the plaintiffs and defendants in the appeal have been notified of the lay judge’s affiliation with Spotify and it will now be down to the court of appeal to decide if there is a conflict of interest.

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

The lawsuit was issued against Cadare Information Technology Ltd, a company which controls the iPlay.com.br site.

iPlay distributed a piece of popular P2P file-sharing software known as K-Lite Nitro, which allows users to download from several P2P networks including Gnutella, OpenFT and Ares.

In February this year a judge decided that rather than force iPlay to remove K-Lite Nitro from its site, the software should have a copyright filter implemented instead, to block sharing of unauthorized music. The anti-piracy groups promptly provided a list of 4 million tracks to be filtered.

However, the ruling fell flat since iPlay are not the developers of the software and have no control over it, so the case headed back to court.

Following a trial on August 25th, on Monday this week the 6th Civil Chamber of the Court of Paraná in southern Brazil handed down an unprecedented ruling.

The judge came to the conclusion that since the proposed K-Lite Nitro filtering mechanism was ineffective, he had no alternative than to issue a complete ban on the software instead, saying that the website offering it would be assisting the copyright infringements of its users.

He went on to suggest that any website offering the software alongside advertising (i.e, trying to profit from offering it) would be committing a crime, punishable by between two and four years in jail.

“By this logic, virtually any site in Brazil that offers P2P clients would be subject to accountability, to have their business threatened by the alleged illegality of the act of hosting certain types of software,” said Omar Kaminski, author of attorney Internet Legal, a blog specializing in IT law.

Announcing that Cadare Information Technology will appeal the decision, Nelson Cadare Luciano, owner of iPlay said: “We will defend ourselves because we always had the feeling that it [K-Lite Nitro] is not illegal since you can use it to share legal content as well.”

APCM said that the ruling is “important for the future of the digital music market in Brazil.”

Currently K-Lite Nitro has been removed from the iPlay site, but can be obtained from a number of other sources.

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

Once one of these legitimately purchased music CDs was put into the PC drive of a Sony customer it automatically installed software on Windows computers which changed the way the operating system played files, installing a rootkit on the host PC.

Adding insult to injury it was discovered that Sony had used code created by Jon Lech Johansen (DVD Jon), violating its GPL license.

Following these frankly unforgivable actions by Sony, the company was forced to recall all affected CDs and was subjected to various lawsuits. One such legal action has just come to an end.

According to Germany’s Heise, a district court has just ruled in a case where an individual claimed that the presence of the Sony rootkit caused him financial losses.

After purchasing an Anastacia CD, the plaintiff played it in his computer but his anti-virus software set off an alert saying the disc was infected with a rootkit. He went on to test the CD on three other computers. As a result, the plaintiff ended up losing valuable data.

Claiming for his losses, the plaintiff demanded 200 euros for 20 hours wasted dealing with the virus alerts and another 100 euros for 10 hours spent restoring lost data. Since the plaintiff was self-employed, he also claimed for loss of profits and in addition claimed 800 euros which he paid to a computer expert to repair his network after the infection. Added to this was 185 euros in legal costs making a total claim of around 1,500 euros.

The judge’s assessment was that the CD sold to the plaintiff was faulty, since he should be able to expect that the CD could play on his system without interfering with it.

The court ordered the retailer of the CD to pay damages of 1,200 euros.

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

Following a BPI investigation, police (without fanfare or media reports) swooped on members of the group, the earliest back in May. Another seemingly significant arrest took place in June.

In early morning raids, as many as a dozen officers from the Metropolitan Police’s Hi-Tech Crime Unit and BPI investigators conducted searches on the addresses and took the suspects away for questioning, along with seized computers, cell phones, CDs and MP3 players, bank statements and sundry other items.

After extended questioning the police charged the suspects with Conspiracy to Defraud (the music industry). They were released on bail and ordered to reappear at later dates.

Around a week after our article, IFPI issued their own press release (which was used as the basis of dozens of other news articles) which largely confirmed our earlier report but in much lower detail, instead preferring to include quotes from David Lammy MP, Minister of State for Intellectual Property, and the heads of the IFPI and BPI’s anti-piracy operations.

DV8, like many release groups, specialized in pre-release piracy – in this case the publication of music on the Internet before official release dates. No-one needs to be reminded of the hatred the music industry holds for these type of leaks, after all when OiNK was raided it was the availability of pre-release material that dominated the news and was often provided as the justification for taking the site down.

In order to put the material on to the Internet in this way, Scene groups and individual uploaders need contacts somewhere in the supply chain, so-called industry insiders who act as suppliers for pre-release material. In the case of the OiNK uploaders, they had simply purchased CDs legitimately from online retailers who shipped products a day or two early, possibly in error. But to have the really juicy leaks, people more deeply involved in the supply chain can prove invaluable.

Based on information provided by our previously-reliable sources in this investigation, today we are able to reveal that during late August two more arrests were made of individuals the police believe acted as suppliers to DV8. One of those individuals is an executive at a record label.

In the meantime the alleged leader of DV8 has seen his bail pushed back to mid November pending further investigations. Our sources believe that this delay is due to the police needing more time to track down additional suppliers, one of which we are told works for a major media outlet.

Another member of DV8 who was initially arrested back in June and was the subject of the one and only triumphant IFPI press release mentioned earlier, has been rather more fortunate. He has been released with a police warning and told that charges would not be pressed against him. IFPI are unlikely to issue an updated press release about this release of a suspect though – they have also never mentioned the earliest and most important arrest made by the police in this investigation.

After word spread of the initial raids, the remaining members of the DV8 team went into hiding, taking their servers down and removing their topsite accounts. However, these type of groups can be remarkably resilient and can be quick to reform.

Indeed, while DV8 may be ‘dead’, some of its members live on and the releases have continued under a new group name – around one hundred of them so far, including some very big releases indeed.

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