Today the group serves more than 16 million visitors a month on its website alone, and a multiple of that on the other torrent sites they distribute their releases on.

Several days ago EZTV’s website suddenly went offline without prior notice, something that usually leads to wild rumors about what the cause. Luckily EZTV’s problems are due to technical problems and they are currently working on a comeback.

EZTV’s Novaking told TorrentFreak that a rebuild of the servers stuffed up and they are currently waiting for some tech people to look into it. It’s not clear when the site will return, but it’s safe to assume that it will be a matter of days, not weeks or months.

This is not the first prolonged outage the popular TV-torrent site has suffered this year. During the summer the website was down for six weeks. It went offline because of hardware problems, but EZTV decided to take advantage of the situation and relocate all hardware to a new datacenter while implementing several new features.

Even though the website is currently offline, EZTV’s releases are still widely available though a number of sites. “You can still get our stuff from Mininova, The Pirate Bay, Twitter and Zoink,” Novaking told TorrentFreak.

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

“The lesson of iTunes and Spotify is that what people want is ease of use and convenience and cheapness. And you only have to look at the decrease there has been in filesharing since the increase in popularity of Spotify.
“You only have to look at the number of people who came off illegal filesharing when iTunes came out to know that filesharing isn’t the answer, it’s not the future, it’s not valuable of itself – it’s a technology that currently is being used to circumvent the law.”

However, his words, as reported by the Birmingham Post, lack a certain ring of truth. For example, let’s take the claim that file-sharing decreased after Spotify gained popularity. While we agree that the service has the potential to convert many music pirates, its effect on the overall volume of file-sharing is simply not there.

The Pirate Bay informed TorrentFreak that traffic from the UK is still growing, at an average of around 1% per month. Mininova likewise has seen a 15% growth, of 7 million unique visitors a month, from 38.6 million in September 2008, to 45.6 million in August of 2009. Clearly Spotify hasn’t decreased much. Strike 1.

More worrying though is the claim that file-sharing technology is not valuable. For one, Spotify itself is based on file-sharing technology, with the brain behind the popular BitTorrent client uTorrent as one of its main developers. That aside, the state-funded BBC is involved in various BitTorrent-based projects, and the technology chiefs there believe that P2P TV has a future, and many independent artists are already putting it to use.

Over the past few years, we’ve brought you dozens of stories about people being enabled by the technology, from independent artists, to filmmakers (large and small) and even large corporations that can now effectively distribute data without incredible bandwidth outlay. File-sharing technology is very valuable to those people, Strike 2 for the MP from Birmingham.

That brings us to another statement Simon made, with Yahoo reporting him as saying that whilst it is illegal, there is currently no anti-piracy legislation. Those that have read our stories about Davenport Lyons, and ACS (and the thousands they have targeted) know there is indeed legislation. So too does Alan Ellis, and the Oink uploaders who were sentenced earlier this year. For Mr Simon, that’s strike 3.

It’s just lucky for him that no-one’s proposed a law where if an MP has gone on the record and made 3 basic factual errors, his parliamentary benefits should be cut off or throttled.

Mr Simon was contacted for comment, but did not reply at time of press

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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.

Now, according to information leaked to TorrentFreak, one of the most prolific music release groups around has suffered a significant setback after police quietly started arresting members during the last month. The latest arrest came yesterday, as police and BPI investigators conducted an early morning raid on a senior member of the group.

At this stage we cannot publish the group’s name (see update at the bottom of this article for group name) but we believe that they are responsible for more than 3,000 single and album releases. The group was relatively young and had a membership of less than ten individuals, although they aren’t all based in the UK.

The first arrest happened mid-May and the most recent yesterday, conducted in a similar fashion to earlier raids against those involved in the TV Links and AradiTracker cases.

In early morning raids, officers from the Metropolitan Police’s Hi-Tech Crime Unit backed up by senior investigators from the BPI took the suspects by surprise. Sources close to the investigation told TorrentFreak that as many as 15 officers conducted searches on the target addresses, arresting suspects and taking them away for questioning.

Hardware was of great interest to the police as they seized large amounts of electrical equipment including all computers, cell phones, various CDs and MP3 players, bank statements and sundry other items from the addresses.

After hours of questioning by police in the presence of BPI investigators, in common with the OiNK uploaders the suspects were charged with Conspiracy to Defraud (the music industry), bailed and ordered to reappear at later dates.

According to sources, all remaining group members have gone into hiding, all servers are now offline and topsite accounts have been deleted.

More on this breaking story as we get it.

Update: Our sources have agreed to let us name the group – it is DV8. Their latest release was Brokencyde-Im_Not_A_Fan_But_The_Kids_Like_It-2009-DV8 – time will tell if it will be the last.

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According to Pecknold the major labels seem to be anti-music. What really helped him and other bands to shape their sound and spark their creativity is file-sharing. “That was how I was exposed to almost all of the music that I love to this day, and still that’s the easiest way to find really obscure stuff,” he told the BBC.

“I’ve discovered so much music through that medium. That will be true of any artist my age, absolutely,” Pecknold added. He explained that he is not the only musician to have benefited from ’stealing’ music, as the major labels like to call it. Having access to an unlimited library of music only makes a musician better.

Indeed, many BitTorrent trackers dedicated to music are populated by thousands of artists, who share their own work and that of others. Most famously, Nine Inch Nails frontman Trent Reznor was a proud member of the now defunct OiNK tracker.

Pecknold is no different, and he recalls the finesse of his own music changing for the better after his dad brought home a modem to connect the family to the Internet – a candy store for the modern age musician. And if the fans want to share their latest album he’s totally fine with that.

“I’ve downloaded hundreds and hundreds of records – why would I care if somebody downloads ours? That’s such a petty thing to care about. I mean, how much money does one person need? I think it’s disgusting when people complain about that, personally,” he admitted.

The labels have a different view on the piracy issue of course, claiming that they lose billions of dollars because of it. Most people know by now that this is far from the truth. However, after chasing down music fans in court they are now starting to lose respect among musicians.

While they still might be able to successfully market a kid star here and there, most artists don’t really need a label to distribute music in the digital age. BitTorrent does that just fine, right Robin?

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

The individuals were charged with copyright infringement and sentenced to fines and community service, rather than custodial sentences the prosecution had been pushing for.

Steven Diprose was sentenced to 180 hours community service, and ordered to pay £378 in Court costs. Michael Myers was told to pay a £500 fine. Mark Tugwell has to undertake 100 hours community service and pay £378 Court costs. The fourth uploader, James Garner was sentenced to 50 hours community service and also has to pay £378 Court costs.

What remains are the cases against one other uploader and Alan Ellis, the administrator of OiNK. Unlike other file-sharing related cases, the charges against Ellis are not related to copyright offenses. Instead, he has been charged with “conspiracy to defraud”.

Ellis’ case was scheduled to be heard today at the Teesside Crown Court, but the session didn’t last long as the trial was postponed till January 2010. Due to the press blackout, TorrentFreak was unable to find out whether a reason has been given for the delay.

The OiNK shutdown was an international operation. Codenamed “Operation Ark Royal”, it involved co-ordinated action by both British and Dutch police forces. IFPI and the BPI, two well known anti-piracy organizations, allegedly assisted in gathering the ‘evidence’ that led to the arrests.

The tracker – which served some 180,000 users including NiN frontman Trent Reznor – was shut down but several replacements took over including Waffles.fm and What.cd. The latter developed a community of nearly 100,000 members and recently celebrated the upload of the 500,000th torrent.

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

Yesterday, Spanish Criminal Court No.1 made its decision in the case of file-sharing site infopsp.com. According to the complainants – Spanish Association of Publishers and Distributors Entertainment Software (ADESE) and the Spanish Videographic Union (UVE) – the site, which had around 17,300 members, operated illegally.

The site didn’t host any illicit content itself but instead offered links to video games, movies and music hosted on 3rd party sites. Under Spanish law, so far so good. However, in order to stay legal in Spain, the site needed to demonstrate it was not profiting from copyright infringement – this is where it all fell apart.

The court heard that the site carried advertising from Impresiones Web, Google Adsense, Canalmail and Correodirect and also gained revenue via premium SMS. According to the court, this turned the site from a legal entity into one profiting from copyright infringement – a criminal offense.

The judge handed 22 year-old site administrator Adrián Gómez Llorente a total fine of 4,900 euros ($6,500) which includes compensation for the complainants. Llorente was also sentenced to 6 months jail but it’s unlikely he will serve this since he doesn’t have an existing criminal record. It is believed that this is the first conviction of its type in Spain. Neither party intend to appeal.

ADESE President Alberto Gonzalez Lorca said of the decision, “This ruling is a very important precedent for the videogame industry which is at the forefront of creating jobs and wealth even in a financial crisis, but is helpless against a problem as serious as piracy.”

The big question now is how a court would view donations given to torrent sites. We’ve already seen the police in the UK call voluntary donations “subscriptions” in the OiNK case. Time will tell how a Spanish court will view them.

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

Outlaw.lv, one of the largest trackers in Latvia is currently offline following pressure from the Economic Police, while rumors say that one of the top uploaders was detained for a few hours. “Economic Police has shut down our project. Outlaw LV will be back in a new way and with a new mission,” reads a message on the front page.

It is clear though that the authorities aim to take more sites offline. Danger.lv is another tracker that has received a letter from the police, and they decided to pull the plug voluntarily, for the time being.

Similar to last summer, several other BitTorrent trackers became extra cautious after the renewed attention from the authorities. Bithack.lv was one of the trackers that took action. The site didn’t close however, but now serves recipes instead of torrent files.

TorrentFreak spoke with one admin of a local BitTorrent tracker, who informed us that they have also been receiving letters from anti-piracy organizations. “A handful of popular trackers are taking severe countermeasures to avoid any possibility of takedown and continue to serve the community for now, hoping that no takedowns will follow,” he said.

As with many of the takedown attempts in other parts of the world, lobbyists from the entertainment industry are the ones tipping off the police, and assisting in ‘evidence gathering’ and even raids. In Latvia it’s LAmpA, but the BPI and IFPI have also been assisting the authorities, most notably with the raid on the popular music tracker OiNK.

Needless to say, these anti-piracy outfits are not the most objective partner when it comes to solving these type of digital ‘offenses’, and it’s worrisome to see how they appear to be increasingly intertwined with local authorities.

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

Site administrator Alan Ellis was arrested immediately and eventually charged with conspiracy to defraud. Five others, who were arrested months later, were accused of uploading music to others via the site.

Four of the uploaders plead guilty at Teesside Crown Court last December, where they were all charged with copyright infringement offenses. The four have now been sentenced.

Steven Diprose was sentenced to 180 hours community service, and has to pay £378 in Court costs. Michael Myers was ordered to pay a £500 fine. Mark Tugwell has to undertake 100 hours community service and has to pay £378 Court costs. The fourth uploader, James Garner was sentenced to 50 hours community service and also has to pay £378 Court costs.

For one other uploader and OiNK admin Allan Ellis the wait continues. Their cases have been adjourned and they will appear before court in March.

A source close to one of the convicted uploaders told TorrentFreak in a response: “[The Judge] swallowed the prosecution line completely that initial seeders were causing major damage to the copyright holders, and particularly uploaders who uploaded before the official release date. The fact that all the early uploads were only 1 or 2 days early and that 3 out 4 of the uploaders bought their CDs online did not sway him. All the retailers, quite naturally, denied this.”

We were further told that, if the defendants had not had such good references and strong legal representation, the Judge would have seriously considered a custodial sentence. This ruling, the first of its kind in the UK, will most certainly be used as a precedent for future cases.

Developing story, more info will be added later.

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

This cuts to the crux of public consultations. Conclusions can only be as good as the data these consultations receive. We have seen many times how companies are willing to lie repeatedly when it comes to P2P, in order to maintain their positions. From Comcast and their ‘Sandvining’, the incorrect accusations of lawyers, MediaDefender and their entire business model, to anti-piracy agencies pushing their unique version of events to get the police to conduct raids. In an area where the people with the money and influence are well known for avoiding the truth on occasion, will the BERR release all documents to allow public scrutiny and thus ensure accuracy?

The answer, in a nutshell, is no. TorrentFreak contacted the BERR and pointed out that confidential submissions are as likely to be marked as such to cover lies and diversions from the truth as confidential business practices, and wondered how this was going to be handled. Also, as the BERR likely doesn’t contain experts that have the depth in knowledge of this subject as our readers, will they be able to spot errors without the public assistance that publishing would bring? Clare Keen at the BERR press office responded saying:

On the issue of standards of evidence, all responses received are considered on their merit. We expect there to be differences in opinions and in information respondents choose to submit in support of their position. However we do not rely solely on such submissions or a single information source when deciding policy. We use a range of sources to enable us to cross check and investigate claims to develop our own understanding and arrive at our own conclusions.

On your second point, in our experience the main reason why a company requests that their response be kept confidential is because their submission has included details of their own commercial business/contracts or operations – information they do not wish their rivals and competitors to have access to.

We would always seek to collaborate or cross-check key points of information. Additionally if a party deliberately provided false information they would risk losing all credibility within Government on future consultations or discussions.

However, it may be a moot point. The Guardian newspaper reported on the consultation saying that a proposal by Ingenious Media was getting serious consideration. The company, a London based consulting and venture capital firm, has reportedly proposed making broadband providers legally liable for copyright infringement by their customers. In return they get a small sum every time a legal download of a song or film happens. Where the money for this will come from, or what will qualify (such as Jamendo or other CC music tracks) for the payment isn’t mentioned. Also not mentioned is how an ISP is supposed to be able to regulate the actions of their customers, without using highly invasive methods, worse than the DPI methods that have already been protested.

The BERR finally published the non-confidential recommendations today, and the BERR has told TorrentFreak that the number of confidential and partially confidential responses were ‘a small number’. In a nutshell, though, the only respondents that wanted a co-regulatory approach, were rights holders. Everyone else expressed no desire for it, and significant concerns were raised over transparency and privacy issues. We’ll have a more detailed look at responses later.

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

The American auto industry has appeared similarly insular. Year after year it has churned out large and poorly performing vehicles, aspiring only to the style de-jour. Heavy cars that are cheaply constructed in many cases, and with poor performance in comparison to similar vehicles from foreign car companies. If all else failed, there was the inevitable appeal to ego, pointing out that American cars and trucks are bigger than the competition, with an attitude of ‘bigger is better’. However, their refusal to adopt modern technology has created vehicles that handle poorly, and are more prone to breakdowns. US Congressman Gary Ackerman (D-NY 5th) understands this well, he’s had problems with his Caddy, while his wife’s non-US car has had better service.

Both industries have been before the US congress, asking for help because of their poor financial status. The questions people are asking now are: Who is next to beg for a billion dollar bailout? Ackerman also acknowledged this, saying “Somebody heard that we’re giving out free money in Washington. They’re showing up from all over the place.” What industry has ruined itself by excessive greed and refusal to adopt new technologies? Could it be Hollywood, or perhaps the music labels?

The excesses of the movie industry are well known. Brad Pitt and others regularly command eight-figure fees, which quickly add up. There seems to be an increasing reliance on special effects and big names to carry films, rather than writing and acting talent. While this might increase the short-term draw at the box office, it is more than countered by a loss in repeated watchability, which cuts into later profits. A big name in a bad film is still going to be a bad film (BattleField Earth or Gigli), while an unknown in a good film, will be a good film, if the acting and production is up to it.

Of course, bad decision making is only part of the problem. Resistance to changing technology is another. The film industry famously resisted the VCR, claiming it would devastate their industry. The case went all the way to the US Supreme Court, where they narrowly affirmed the legality of home recording. Today, despite their resistance, the majority of income from a film is from pre-recorded content which is played on similar machines.

The music industry has also resisted technology, opposing innovations such as player-pianos, through commercial radio and file-sharing technology. Between discs infested with DRM, through stage-managed raids with convenient media coverage, to suing and threatening to sue ten-of-thousands of their best customers, they’ve shown not only their dislike of technology, but also bad decision-making.

Meanwhile, both the music and movie industry have been pleading poverty and blaming piracy. The infamous LEK study where piracy was blamed for everything was nothing more than a subtle attempt to quantify a theoretical loss. With no science or methodology behind it, it’s hard to take it seriously, but some congressional members have done just that. Now, as well as trying to push draconian anti-consumer legislation through congress, it could work to their advantage if they were to go cap-in-hand to politicians and say “we’re really hurting, and we could really do with some financial help.”

But will this happen? Just a year or two ago, some said that it seemed unlikely that the financial industry would take this path, so the film and music industries following this same road should come as no surprise. The trail has been blazed by others, and now they may find themselves following the advice of Dire Straits.

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

In September we reported that a Japanese man had been caught uploading the movie ‘Wanted’ before its Japanese theatrical release. Kazushi Hirata, a 33 year old from the city of Sendai, had painstakingly added Japanese subtitling to the movie, before uploading it to the Winny network. Following a complaint from Japan’s answer to the MPAA (Japan and International Motion Picture Copyright Association), Hirata was tracked down by the Kyoto Prefectural Police, the same department responsible for the 2004 arrest of Isamu Kaneko, the creator of the Winny software.

Less than a month after his September 20th arrest, November 11th saw Hirata pleading guilty to violating Japan’s copyright laws and faced the prospect of up to 10 years jail and a $95,000 fine. Yesterday the court came back with its sentencing decision.

Hirata was sentenced to two years in prison, suspended for three years.

“The conviction sends an important message about the illegality of movie piracy,” said Jimca executive director Yasutaka Iiyama adding, “Respect for intellectual property rights is critical to Japan’s economy and cultural identity.”

The arrest of Mr Hirata is believed to be the first in Japan relating to the uploading of a pre-release movie.

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

Site administrator Alan Ellis, 25, was arrested immediately and eventually charged with conspiracy to defraud.

Five others, who were arrested months later, were accused of uploading music to others via the site. They were charged with copyright infringement offenses.

Yesterday, all six appeared at Teesside Crown Court in the UK. Ellis faced a charge of conspiracy to defraud, while the others – Steven Diprose, 21, from Staines, London, James Garner, 19, from Winsford, Cheshire, Michael Myers, 34, of Brough in North Humberside, Mark Tugwell, 19, from Caister near Great Yarmouth, Norfolk and Matthew Wyatt, 19, a student in London but originally from Stamford, Lincolnshire – all faced charges of copyright infringement.

Ellis did not enter a plea, and his case has been adjourned until 23 March 2009. The five uploaders entered pleas, and their hearing will continue at a later stage. All five uploaders were accused of making music albums available on OiNK, and according to insider information, at least four of them pleaded guilty.

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

FIOD-ECD is dedicated to chasing down people alleged to be involved in fiscal, financial and economic fraud – usually major criminals. What evidence BREIN has against these alleged ‘criminal organizations’ is unknown. Similar to the OiNK case, the user donation models that most sites operated are being seen as money making schemes.

“This is clearly an organization that aims to make money illegally, with a chain of smaller sites that aims to systematically steal the creative work of others,” Tim Kuik, managing director of BREIN commented. He further said that the people who are responsible for the sites will be held accountable for the damages copyright holders suffered.

This is not the first time that BREIN has alleged that a P2P site has been involved in organized crime, the same thing happened before with Releases4U and ShareConnector cases. The FIOD-ECD failed to provide any evidence to prove ShareConnector was facilitating copyright infringement nor enough to prove that either organization was criminal in nature.

At first glance this seems to be a huge victory for BREIN, but the whole takedown operation probably took only one email. From the looks of it, the sites were all hosted at amenworld.com. The webhosting company, which cooperated with BREIN before, is likely to have responded to a takedown request, pulling the sites offline all at once.

Whether the sites will remain offline is unknown at the moment. Only last week BREIN managed to take the Bulgarian tracker RARBG offline. This turned out to be a short term success, as the site reappeared on a Swedish server only two days later. It’s hard to kill a hydra.

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

Of course, TorrentFreak previously sent emails to the founders giving them ample opportunity to deny the allegations, but we have had absolutely no response.

Yesterday it became apparent that despite the site going offline, the domain name of MovieX.info wasn’t controlled by either of the arrested pair, making a return of the site likely. Indeed, although the arrests of the brothers caused a knee-jerk takedown of the site, in the AFACT (Australian Federation Against Copyright Theft) press release they took care not to mention the name of the site, probably mindful of the likelihood it would reappear. Today, that’s exactly what has happened.

Just a couple of hours ago the MovieX holding page disappeared to be replaced with an apparently-intact site. Over time, the site got more and more busy and now there are many people back on the site, although some users are reporting that although the forum is functional, the tracker isn’t, but it’s early days. No doubt it will be fully functional soon.

Despite users on the site asking for one, there is currently no official message explaining the reasons for the downtime, but ®ama’s user account profile has been edited to remove statistics related to the material he personally contributed to the site. His location, Brisbane, and his actual date of birth remain, as does his original profile in Google’s cache. Indeed, none of this information is a secret, anyone can access it. He is the 27 year-old mentioned by the police.

When questioned about ®ama and his whereabouts and the lack of information by a VIP user, one admin said: “What I am saying is that whoever the person or persons are who have been arrested, [it's] none of my business.”

MovieX offered a VIP area where users could download material directly rather than use the site’s tracker. Much was made by AFACT of this section, claiming that the site generated revenue by charging users to access it. Since the site returned, some users are reporting that the section is inaccessible, although it is unclear if this is the case for all everyone.

Whereas with the OiNK raid, police took the time to completely neutralize the site by arresting the admin, seizing the domain name and confiscating the servers, Australian police did a much less comprehensive job. As a result, MovieX is back online with more publicity than ever before.

It remains to be seen if the news outlets that reported its demise will be just as quick to report that it’s back in business, but back it is, and despite uncertainty in other areas (such is the ‘fog’ of BitTorrent) there can be no doubt about that.

Update: (03:09 PM) dev0 [admin] “Tracker is now back online”

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Nevertheless, following an investigation by UK Trading Standards, the Federation Against Copyright Theft (FACT) and the police, the admin was arrested. At the time, FACT claimed that he was detained due to “offenses relating to the facilitation of copyright infringement on the Internet.” Except there was a problem.

There is no criminal offense of ‘facilitation of copyright infringement’ under English law. There would have been at least a civil offense if TV-Links had hosted the videos themselves, but they did not. Sites like YouTube and Dailymotion did, but the police or anti-piracy groups didn’t go after these giants. Indeed, the police themselves seemed to disagree with FACT’s reasoning for the raid, saying that the admin had been arrested for “supplying property with a registered trade mark without permission.”

…which raised another problem. The Trade Marks Act 1994 (specifically section 92) was designed to deal with physical, real-world counterfeit goods. Supplying links, if anything, could only be considered a service – definitely not a sale of physical goods. Getting a conviction on these grounds would be tricky, if not impossible. Considering the problems highlighted above, it’s no surprise that the TV-Links case has disappeared from the news radar.

TorrentFreak tracked down the now ex-admin of the site, 26 year-old Dave Rock, for the lowdown on this important case which seems to ask two questions: Can someone be held responsible when 3rd parties merely link to copyright works that are hosted by someone else, and furthermore, does this constitute a criminal offense under an act designed to protect physical goods?

It all starts on the morning of 18th October, just five days before the police raided OiNK. Dave had some unwanted visitors. At 06:20, two police officers, three FACT members, and around five Trading Standards officials descended on Dave’s home. Fortunately for him, in his case the media wasn’t tipped off, so there were no photographers and reporters outside his house. Alan Ellis of OiNK was not so lucky.

“The police and Trading Standards officers were always polite and professional, I wasn’t man handled like you see with the over acting police on the TV,” Dave told us. “I was arrested as soon as I opened the door, not cuffed and was allowed to grab a few bits, like my wallet and phone. They seized my laptop, my old PC and annoyingly, my girlfriends PC too, along with random CDs and four or five old hard drives, ranging between 8GB to 15gb.”

When we asked Dave what was on the search warrant, he said: “They ticked Video Recording Act 1984 – Section 16A and Trade Marks Act 1994 – Section 93. But, thinking about some of the questions during the interview I got the impression they were looking for DVD copying kit or they hoped to find this type of thing. FACT’s website always boasts about DVD pirate busts.”

The police officers then took Dave to the station where he was questioned. Not by the police, but by people from Trading Standards and FACT, a well known private anti-piracy company-come-lobby group. Quite why a private company is allowed to directly question someone in a criminal case that they may wish to prosecute privately is another question, and one that many people will find unpalatable.

It seemed that both outfits were disappointed, they must have expected more than just hyperlinks. In common with thousands of forums around the world, Dave didn’t know any of the TV-Links staff personally, and obviously didn’t know anything about the users. Almost 75% of the site’s visitors came from China, 10% from the US and next popular was the UK, at just 3.8%. Hardly a threat to Great Britain Ltd, but of course the implication was that Dave was making money. The reality was that he was receiving around $2 to $5 per day in donations from random site users, which he used to cover the server costs.

After six hours, Dave was released – without being charged and with no restrictions. Now, well over a year later, not much has changed. For the last 6 months or so, Dave has had no contact with the police and no contact through his lawyer with FACT or (Gloucester) Trading Standards. In fact, GTS has no further involvement in the case and has deferred to FACT, just in case they want to make a private prosecution. But, everything has gone very quiet.

TorrentFreak asked Dave if it had ever been raised that he was arrested under laws ill-placed to deal with the situation. He told us, “When it comes to law there isn’t really any point arguing after the point, you need to concentrate on identifying [in this case] how FACT will interpret the current law and, if/when this ends up in court, how they will use it to their advantage.”

Until then, it just seems like a waiting game. “I guess you could call it being in limbo, but recently I haven’t given it much thought, I’m just getting on with my life,” Dave told us. “The only thing that’s a little annoying is that FACT still have all the gear seized by GTS, apparently they’ve been given it for “forensic analysis”. Do I hear you cry ‘breach of Data Protection Act‘, for passing private data to a private company? Again this is something we are still looking into.”

So how on earth did TV-Links end up on the radar in the first place? Why was such significance put on the site and why did the response include a raid with so many people in attendance from the police, government trading standards and Hollywood-funded private company FACT?

“One thing I’d like to mention, Gloucester Trading Standards were always polite and professional,” said Dave. “In my eyes they were led up the garden path by FACT. My personal opinion is that Gloucester Trading Standards were lead to believe I was copying and selling DVDs. But, when they entered my home they only found crappy old PC gear, Laptop and no DVDs, and lost all interest – if they were ever interested in the first place.”

Despite the lack of interest and indeed grounds for a conviction, it doesn’t change the fact that TV-Links is gone as a result of the above actions. Why did it even find a place in people’s lives in the first instance? Dave believes it’s down to sheer lack of choice. “TV-Links and other linking sites are only around because the big media companies haven’t supplied the viewing public with any viable alternatives, at least until recently in the UK. The BBC iPlayer is very good, but it’s a shame it’s only 7 days of TV.”

So, with the authorities backing away, what are the chances of TV-Links making a comeback? “Running the site did take up all of my free time, it was good fun running it but I’m happy I now have my evenings and weekends free,” Dave told us. He has no intention of bringing the site back, particularly since a TV-Links.co.uk replacement site popped up many months ago at TV-Links.ws.

Finally, when sites are busted, many people are interested in exactly how the owners were tracked down by the authorities. With TV-Links, the techniques weren’t mysterious at all. They didn’t need to be. The reason why it was so easy is the very reason Dave felt free to run the site in the first place:

“To be honest I didn’t really attempt to hide my ID, as under UK Law linking to another site isn’t illegal, so I didn’t see the need.”

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

The site’s success didn’t last, however, as Bulgarian authorities have just shut down the site after being tipped off by the Bulgarian Association of Musical Producers (BAMP), a music industry lobby group.

This case is again a prime example how the music industry and law enforcement agencies work together seamlessly. Investigators from the music industry handed over ‘evidence’ to the Bulgarian authorities, who went on to raid the site in question. Justice is meant to be blind, but it clearly isn’t in this case.

This case is not unique in this regard. IFPI, an anti-piracy lobby group for the music industry has helped gathering evidence against OiNK as well, claiming it was a criminal operation where hundreds and thousands of dollars were made. More recently IFPI was involved in the Italian Pirate Bay blockade, where they assisted the local authorities, and hosted the server where the takedown notice was hosted.

As we’ve pointed out before, in most police investigations, if a police officer is directly involved in a crime, he or she is usually unable to participate in the investigation, as being involved reduces that person’s objectivity. Justice is meant to be blind, not fueled by thoughts of personal redemption or vengeance. It is unfortunate that most authorities seem to be unaware of this principle.

This is not the first time Bulgarian authorities have gone after a BitTorrent site. In 2006, the administrator of Arenabg.com, the largest BitTorrent tracker in the country, was arrested by the police. The admin was later released due to “lack of grounds for his arrest”, but the government ordered an IP-block of the site nevertheless, which led to massive protests.

TorrentValley didn’t have the large fanbase Arenabg.com had, so protests are not to be expected this time. At this point it is also unclear if action has been taken against the administrator of the site.

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

The Motion Picture Licensing Company (MPLC), which is charged with collecting royalties for the big studios, recently wrote to 2,500 kindergartens (or playschools as they are known in Ireland), informing them that it is illegal for the kids there to watch DVDs without an appropriate license.

According to The Times, the letter was sent with the knowledge of the Irish Preschool Play Association (IPPA), which represents many schools populated by around 50,000 kids between 3 and 5 years of age. The IPPA had worked out a deal with the Hollywood representatives, and eventually managed to get the royalties down to 3 euros per child.

Despite the lowered fee, most kindergarten owners were stunned by the request. Paula Doran, who runs a playschool in Dublin, said that the kids hardly watch any DVDs at the kindergarten. “We would rarely show DVDs anyway because it’s frowned upon — kids get enough TV at home,” she said. In fact, the only time the kids are allowed to watch a DVD is when they are pretending to go to the cinema, a learning activity that Hollywood would fully endorse. Doran said she couldn’t understand how the MPLC could be acting legally, and refused to pay.

It turned out that she was absolutely right not to pay. The MPLC actually failed to register with the Irish Patent Office, and by demanding payments in the way they have, breached the 2000 Copyright Act. A spokesman from the IPO confirmed that an organization that acts in this manner could be fined or have its staff jailed.

The MPLC belatedly applied for a license to collect the royalties on Friday. It’s never too late to learn, or for the kids, never too early to start filling Hollywood’s pockets.

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

During October 2007, Operation Ark Royal achieved its aims. OiNK was shut down in a joint effort by Dutch and British law enforcement, followed by a number of arrests carried out by Cleveland police over the next few months. Site administrator Alan Ellis was eventually charged with Conspiracy to Defraud, while five other users who uploaded just a single album each were charged with Copyright Infringement. One of them earlier told TorrentFreak “I think it’s a sledgehammer to crack a walnut.”

This morning at 09:45 they appeared before Teeside magistrates. The case of Alan Ellis was, as expected, passed on to the Crown Court. Interestingly, one of the five uploaders has to appear at the Crown Court as well, while the other four will reappear before Magistrates Court. These next hearings are set at October 2nd. [updated, 4pm GMT]

In any event, those accused will be confronted with evidence gathered by Cleveland police, who have found themselves surrounded in their own copyright controversy. A little while ago we reported on the reluctance of certain police forces in the UK to buy an appropriate license from the music industry to allow them to listen to radios or other music on their premises. Put bluntly, this means that police forces in the UK without a license, are themselves copyright infringers. At the time we joked that it would be highly inappropriate for Cleveland police to get involved. Seems like it’s too late.

According to GazetteLive, Cleveland police have not bought a license from the Performing Rights Society (PRS). So, while they continue to play music on their premises, they are actually breaking the law.

Deputy Chief Constable Derek Bonnard, sounding very much like he doesn’t want to pay said: “We continue to assess the position and are seeking advice to determine if we are required by law to spend a significant amount of public money, which we consider is better committed to crime fighting, than in this way.”

Hear, hear Mr Bonnard, I agree with you completely. Hopefully the magistrates in Teeside today consider the amount of money spent bringing the OiNK six to court, and come to the conclusion that in this case too, public money is better spent elsewhere, rather than on the interests of the music industry.

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

Now it is the turn of Japan to target a pre-releaser, this time of the movie ‘Wanted‘. The movie, starring James McAvoy, Morgan Freeman and Angelina Jolie, was released early September in the United States and Europe, but won’t enjoy an official Japanese release until Saturday. The movie is, of course, already available for download on P2P networks in its native English, but thanks to the work of Kazushi Hirata, a 33 year-old from the city of Sendai, the movie is also available with Japanese subtitles.

According to the authorities, after adding his own home-made subtitles to an already-released pirate version of the movie, Hirata uploaded it onto the Winny network, which is hugely popular in Japan. Hirata was tracked down on Thursday by the Kyoto Prefectural Police, who were also responsible for the 2004 arrest of Isamu Kaneko, the creator of the Winny software.

The arrest of Mr Hirata is believed to be the first in Japan relating to the uploading of a pre-release movie. According to a report, he faces up to 10 years in jail and a $95,000 fine.

The Winny network has always been touted as anonymous, and indeed functions on this level to a degree. The police were unable to crack the encryption used by the file-sharing part of the software, however, they did manage to exploit a loophole to identify certain users. Winny’s forum feature fails to protect the anonymity of people who start discussion threads. In the past the police have searched for copyright material in such threads and recorded the IP address of the poster. By initiating a file-transfer but denying connections from all IP addresses apart from the suspected infringer, when someone started to upload to them they knew that the original poster was sharing the illicit material.

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