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

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

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

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

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

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

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

Hear, hear.

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

Tomorrow the exact text of the bill is expected to be made public, but according to early reports, the legislation will open all doors for a digital police state where alleged pirates will be crucified by private companies.

Judging from some of the plans that leaked earlier today, the endless lobbying efforts of the entertainment industry by anti-piracy outfits including IFPI and the BPI have definitely paid off.

Cory Doctorow has the scoop on BoingBoing and he told TorrentFreak that the information comes from someone “very close to the Labour government” who he trusts implicitly.

If accurate, the new legislation will be a disaster for the privacy of all Internet users while giving unprecedented powers to the entertainment industry. Under the new bill the Secretary of State would be able to pass secondary legislation without Parliamentary oversight in order to protect rights holders.

Three reasons are given:

1. The Secretary of State would get the power to create new remedies for online infringements. (for example, he could authorize jail terms for file-sharing, or create a “three-strikes” plan that costs entire families their Internet access if any member stands accused of infringement)

3. The Secretary of State would get the power to “impose such duties, powers or functions on any person as may be specified in connection with facilitating online infringement” (for example, ISPs could be forced to spy on their users, or to have copyright lawyers examine every piece of user-generated content before it goes live; also, copyright “militias” can be formed with the power to police copyright on the web)

The leaked information mainly shows that the Secretary of State will have the power to introduce all kinds of draconian measures without Parliamentary oversight. More details on concrete policy dealing with alleged file-sharers and the proposed three-strikes system have yet to be announced.

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

Even though the sale never went through, OpenBitTorrent has proved its worth recently, since the Pirate Bay tracker had been struggling to stay online. That particular battle formally ended yesterday, with the announcement it had shut down for good.

Unlike most BitTorrent trackers, OpenBitTorrent is not linked to a torrent site where users can download or search for torrents. Indeed, its involvement in the process is very much limited. The tracker is merely assisting in connecting peers with each other based on a hash value, without having any control over, or knowledge of what is being tracked. It also operates a clear DMCA-style takedown policy.

Despite this setup, the Hollywood movie studios have made the decision to try and shut it down by taking the tracker’s hosting company, Portlane, to court.

“OpenBitTorrent is used for file sharing, and we suspect that it is the Pirate Bay tracker with a new name. It is added by default on all of the torrent tracker files on Pirate Bay,” Hollywood lawyer Monique Wadsted said in a comment. She further noted that the domain of the tracker was originally registered by Fredrik Neij, one of the Pirate Bay founders.

For Portlane, this is not its first experience of a copyright holder demanding the takedown of a BitTorrent site it hosts. Earlier this year, the IFPI asked Portlane to close several BitTorrent sites, which they refused to do. This time around Portlane is not going to comply without a fight either, citing freedom of expression and freedom of information as their defense.

It is indeed questionable if OpenBitTorrent can be held responsible for any copyright infringements that may take place on BitTorrent. Aside from the alleged connection to The Pirate Bay, the site’s assistance in the downloading process is not greater than that of BitTorrent outfits Vuze and uTorrent. Indeed, it could be considered to be less.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“Piracy is here, so how can we take advantage of that? What we did actually, on day one, we put that game immediately on all the torrent networks ourselves,” RedLynx CEO Tero Virtala, told a panel discussion at the Develop game conference.

The company didn’t upload the full game, but a slightly altered version which excluded the leaderboards that are required to play against other users on the Internet, hoping that it would convert some ‘pirates’ into paying customers.

“That game relies really heavily on the server side – the leaderboards are the soul of the game,” Virtala said. “I don’t know if it’s helped, I’d assume so because even though the version that we put on the torrent networks wasn’t the full version, it’s the version of the game without the actual soul, without the leaderboards to play against other players,” Virtala said.

Unfortunately the company has no way of knowing whether the free marketing on torrent sites has paid off. Thus far RedLynx has sold almost 150,000 copies of the game, but unlike the CEO claims, it is also available on torrent sites in a version where the leaderboard functionality is hacked.

It is good to see that companies are recognizing that giving away games on torrent sites can actually help to market their products. Making demo versions of a game available to the public is not necessarily a novelty, but uploading these onto torrent sites is an opportunity that only a few have taken advantage of.

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

With a vote of 407 in favor, 57 against, with 171 abstentions, EU lawmakers sent the package back to the Council in May, due to concerns that Internet users would not have their rights sufficiently protected.

After all night negotiations the deadlock was broken after a compromise agreement was reached. Internet users in all 27 EU states will be entitled to be put through a “fair and impartial procedure” (although what that means exactly is far from clear), including the right to be heard in response to allegations before being subjected to the ultimate sanction – disconnection.

Christian Engström of The Pirate Party helped to shape the modified text that was accepted in a unanimous vote last night.

“The Telecoms Reform Package neither demands nor prohibits the implementation of three-strikes legislation to disconnect alleged file-sharers by member states,” Engström told TorrentFreak, adding that if they do implement such measures, they will have to be within the parameters of the directive.

As reported by Engström, the exact text reads:

3a. Measures taken by Member States regarding end-users’ access to or use of services and applications through electronic communications networks shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Community law.

Any of these measures regarding end-user’s access to or use of services and applications through electronic communications networks liable to restrict those fundamental rights or freedoms may only be imposed if they are appropriate, proportionate and necessary within a democratic society, and their implementation shall be subject to adequate procedural safeguards in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with general principles of Community law, including effective judicial protection and due process.

Accordingly, these measures may only be taken with due respect for the principle of presumption of innocence and the right to privacy. A prior fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with European Convention for the Protection of Human Rights and Fundamental Freedoms.

The right to an effective and timely judicial review shall be guaranteed.

Engström said the vote for the text was a positive surprise as he thought this agreement would never happen. Although in an ideal world it is not everything he could have hoped for, it is a big step in the right direction.

“We would never have been able to achieve this without all the work that the community of net activists has put in,” he further notes. “We have shown that ordinary citizens working together can make a difference. And this is only the beginning. The Internet community has begun to flex its muscles.”

Engström told TorrentFreak that although he is happy with the outcome, there are still many battles to be fought. “Nobody should be disconnected from the Internet in an open and free society,” he said.

The European Parliament and Council is due to make a decision on the Telecoms Reform Package in late November, with the laws coming into force early 2010. Member countries will then have 18 months to pass the legislation into their own national laws.

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

These findings are the result of the Cyber Norms sociological research project carried out by a group of Swedish researchers. The researchers conducted a survey among Swedes aged between 15 and 25 and found that 10 percent of this group is currently taking measures against increasing online surveillance.

Måns Svensson, PhD in Sociology of Law in Lund, estimates the percentage of all Swedes who are hidden on the Internet to be as high as 6 or 7 percent. If this figure is accurate, it means that there are more than half a million Swedes who already use a service to hide their identity.

The researchers note that file-sharing is not the only reason for people to anonymize their connection, but the results of the survey clearly show that avid file-sharers would rather hide their identities than stop downloading. And indeed, over the past months we’ve seen that more and more BitTorrent users are seeking ways to protect their privacy online, rendering all the newly proposed anti-piracy laws useless.

Contrary to what the anti-piracy lobby had hoped for, file-sharers are not an easy catch. Their calls for harsher copyright legislation are only driving ‘pirates’ underground. According to the Cyber Norms survey, more than half of all respondents said they would take measures to protect their identities if anti-piracy laws in Sweden are toughened, as is currently happening in the UK and France.

Currently, the most common and widely used privacy services are VPNs. These services allow a user to connect to the Internet while hiding their own IP-address. Millions of file-sharers around the world use services like this to prevent being tracked by anti-piracy companies, and this number is increasing rapidly.

The recently launched Itshidden service is one of the few that offer a free service in addition to premium subscriptions. Due to its increased popularity the owners recently had to disable new registrations in order to keep the service running smoothly. In just a few months Itshidden signed up over 100,000 members. Other VPN services report an increase in signups too.

The anti-piracy laws currently being mulled have created a flourishing multi-million dollar ‘online privacy’ industry. In recent months these services have seen a massive increase in customers, with most of them paying around $10 per month to prevent third parties from logging their download behavior.

Perhaps the entertainment industry should invest some time and money in creating legal and attractive alternatives to piracy. Apparently most file-sharers are willing to pay $120 a year for unlimited and unhindered access.

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

In early 2007, when network neutrality was still a non-issue for most people, BitTorrent inventor Bram Cohen told us that ISPs should find a way to cope with BitTorrent.

“ISPs have to invest in making their networks better and faster rather than stifling applications which consumers use and love,” he said, while encouraging users to switch to non throttling ISPs if possible, or complain to their ISP’s customer services.

A lot of things have changed in the years that followed. Comcast started to prevent its users from seeding content on BitTorrent, and many other ISPs took similar actions to throttle BitTorrent traffic. As a direct result, network neutrality was placed on the political agenda in many countries. It also inspired BitTorrent Inc. to look for solutions that would eliminate the need for throttling entirely, solving the problem at its root.

This is where uTP comes in. uTP is a new and improved implementation of the BitTorrent protocol which is designed to be network friendly. The current implementation often causes interference with other applications, which is the main reason why ISPs try to slow it down, or even stop it altogether. uTP aims to solve this problem.

With uTP, uTorrent (and the Mainline client) will become network aware by throttling itself if congestion in the network is detected. This will have a huge impact on ISP networks according to Simon Morris, BitTorrent’s VP of Product Management. “If uTP is successful it should result in a multi-billion dollar windfall in terms of savings for ISPs,” Morris told TorrentFreak

This means that the new uTorrent will eliminate the need for ISPs to throttle BitTorrent traffic in their networks. Of course, uTorrent users will also be affected by the new protocol. When needed, uTorrent will decrease the upload or download speed to avoid congestion.

According to Morris it’s mainly the upload speed that will be affected. “The throttling that matters most is actually not so much the download but rather the upload – as bandwidth is normally much lower UP than DOWN, the up-link will almost always get congested before the down-link does,” he explained.

“uTP measures the time a packet takes to get sent from peer A to peer B, so in theory uTP will detect congestion anywhere on that path, although in practice the congestion most often happens somewhere on the first-mile uplink connection.”

So does this mean that the new uTorrent will result in slower download times? Not necessarily. Since there is less congestion, uTorrent users will experience no slowdowns in web-browsing, and ideally less congestion and a more efficient use of the network may result in faster download speeds. uTP is currently being tested in uTorrent v2.0 beta and thus far none of the testers have reported any significant problems.

“There are already a couple of hundred thousand people using our v2.0 beta client, and things seem to be progressing very nicely. Our v2.0 client will initiate outgoing uTP connections by default whenever it can. Previous versions of our clients will accept incoming uTP connections – they just won’t initiate them,” Morris said.

“We’re excited that this creates a better experience for millions of consumers, and it also potentially has a massive impact on ISPs – greatly reducing (even eliminating) any justification to manage or shape BitTorrent traffic and allowing ISP networks to handle more BitTorrent traffic, without resulting congestion forcing capital network upgrades ahead of schedule or the ‘need’ to invest in DPI or other traffic shaping gear.”

It is hard to tell if uTP really is BitTorrent’s savior (some highly doubt it), but if it lives up to the expectations it will be beneficial to both users and ISPs. The specs for uTP will eventually be open so other clients will have the opportunity to implement it too. However, since uTorrent and the Mainline client together are used by two thirds of all BitTorrent users, the effects should be immediately noticeable to both those users and ISPs.

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.

In the months that followed its traffic exploded and the site soon settled itself among the ten most popular torrent sites, with more than a million unique visitors a day.

NowTorrents attributed its success mostly to Google. The owner had spent a lot of effort in optimizing the site for search engines and this certainly paid off, as 90% of the visitors came through the search mogul. But two weeks ago, everything changed. Suddenly the traffic wave from Google was reduced to a trickle, causing the number of visitors to plunge.

NowTorrents’ founder told TorrentFreak that he tried to contact Google about the issue, but the company said it couldn’t comment on the rankings of search results. It’s clear that the site has not been removed from Google, as all of its pages remained indexed. However, NowTorrents pages do show up much lower in the search results, an indication that Google may have penalized the site.

It is not unlikely that Google decided to downgrade NowTorrents because it was a little ‘too well’ optimized, so to speak. Google has been known to punish sites that try to artificially inflate their search rankings. Although the site’s founder is not aware of anything that might have upset Google, the traffic drop was irreversible.

For the site’s founder there was no other option than to start over from scratch. In fact, he took the opportunity to relaunch the site under a new name, hoping to get back some of the Google juice. He was already working on a new version of the site, so the timing couldn’t have been better.

The new and improved NowTorrents has been renamed to TorrentFly today, and regular visitors will notice quite a few changes to the site’s layout and search functionality.

One of the new features is that members can not only can pick which sites TorrentFly should search, but also in what order the results should appear. Another advantage for members is that they won’t see any advertising.

“Aside from the layout change and added features, TorrentFly has a ton of minor changes and improvements to the backend, which should result in better and faster search results,” the site’s founder told TorrentFreak.

Indeed, the search results on TorrentFly appear within a few milliseconds and the changes to the site are a step in the right direction. Now all TorrentFly can hope for is that Google stays friendly.

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

One major site that has showed an acute aversion to saying just about anything to outsiders is Demonoid. This semi-private site has nevertheless made the news dozens of times, most recently due to its recent downtime, as reported here on TorrentFreak.

“We are experiencing power outages that have caused some ram and hard drive issues. We might have to shut down everything to fix and prevent further damage,” said Demonoid in a statement six weeks ago, warning that downtime could run to “…days maybe, until we can change the power circuit.”

However, TorrentFreak has received possibly conflicting information from Demonoid’s host, Colocall in Ukraine, who said in a statement: “There were no problems with power supply at the location where Demonoid servers are hosted.”

While information about Demonoid is always scarce, information coming out of Colocall is a rarity too, since the company has previously refused to speak with journalists about their most infamous customer. That’s why it was of great interest when Ukrainian blogger Pavel Golubovskiy contacted TorrentFreak to say he had netted an interview with Colocall. Here is a translation of the questions related to Demonoid;

Why did you choose to host Demonoid?

The customer came to us and ordered a particular service. For us it wasn’t a political decision, Demonoid is an ordinary client for us.

What exactly do you host, the inferno.demonoid.com tracker?

They brought their servers, which are now located in our data center. We don’t know what information is stored there – we do not have access to this information. These servers are supported remotely by Demonoid technical staff.

Is there a way to contact the Demonoid admins?

They will not answer you. Many people want to contact them – journalists, fans, police, local authorities from different countries. But the Demonoid admins have a very selective approach to e-mail correspondence. When the police wanted to contact them, I specifically warned the admins that they had to respond to this request.

So the police already inquired about Demonoid?

Well, our local authorities are interested in Demonoid all the time. Rightholders associations are constantly trying to put pressure on us, including pressure with the help of Ukrainian authorities. We redirect them to the admins, but do not interfere or try to negotiate.

Are they putting any serious pressure on you?

It sounds strange, but Ukraine is still a jural state. Therefore IFPI’s personal opinion is just that, their personal opinion, despite the fact that the budgets of the IFPI participants are comparable to the budget of the Ukraine.

Aren’t you afraid that there can be a similar situation with Demonoid’s servers as there was with Infostore.org site? [famous Ukrainian file-sharing site, its servers were confiscated by police about a year ago]

As a hosting-provider we take such risks into account. This can happen not only with Demonoid, but with any client. We do not control what information is stored on servers, anybody can buy our hosting service.

Anti-pirates and the media-lobby are now trying to shift all the responsibility for file-sharing onto Internet providers, so that providers will have to monitor user activities. Will this affect hosting providers too?

We have such laws in draft in our parliament periodically. But the Ukrainian law “On communication” is clear about this: providers are not responsible for what their customers do. And the fact that rights holders want to change that is their personal opinion, they are not legislative bodies. Let them buy a parliament member and lobby for such law, then we will observe this law. But until then they are nobody to us, and we are nobody for them too.

About a month ago Demonoid reported technical problems. Due to those problems all data for the last several months has vanished. In an attempt to recover from these problems the site went offline. Do you know what happened?

Some time ago several of their hard-drives crashed. But that was several months ago and we don’t know what was the reason of recent problems.

According to their admins, the man who can restore the tracker is not available. Are they speaking about some Colocall programmer?

No, all the technical support of servers is performed remotely. They aren’t speaking about one of our specialists.

Torrentfreak wrote about the president of Lithuanian antipirates, who demanded the closure of access to Demonoid. He said that it is very hard to even make contact with you. Have you spoken with him?

Yes, someone called us. We just could not speak with him: from the start of the conversation he immediately began to threaten us, he was absolutely non-constructive. We sent him to the court and have said that if he brings the court’s decision, we will be happy to execute it, because we observe all Ukrainian laws. Until then we are not going to speak with him.

Access to Demonoid is blocked for several countries including Ukraine. Is this your initiative or the tracker’s decision?

It is the tracker’s policy, not our initiative. I think this is due to DDoS-attacks.

Are there any DDoS-attacks aiming at Demonoid?

Yes, there are many large and serious DDoS-attacks. But they are always the problem of every hosting provider. We have learned how to neutralize them, so such attacks have almost no effect on Demonoid’s operations. And, incidentally, Demonoid isn’t the only site to be attacked: during the last election we hosted the server of the central election commission committee, it was constantly under DDoS-attacks.

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

Today the Amsterdam Court announced that the earlier default judgment has been nullified. That is, the three operators don’t have to block access to all Dutch users.

It was concluded that The Pirate Bay itself is not necessarily guilty of copyright infringement. However, according to the Court the site does assist in copyright infringement by allowing and encouraging its users to share torrents.

The defense had argued that not Fredrik, Gottfrid and Peter were not the owners of the site, but a Seychelles based company named Reservella. The Court rejected this defense as the defendants could not name the current owners or provide any documents proving that the site was sold. It concluded that the three defendants are responsible for the site.

The Court ruled that The Pirate Bay has to remove a list of torrents linking to copyrighted works. The list is to be provided by BREIN, and is similar to the earlier ruling against Mininova. The defendants are given three months to comply, if not, they will face penalties of 5,000 euros ($7,500) per person, per day.

In addition to removing the torrents the defendants have to block Dutch users from accessing certain parts of the site (across all their domains) where users can download copyrighted files. Finally, the three have to cover the costs BREIN made for the court case.

Ernst-Jan Louwers, the lawyer for the three Pirate Bay defendants told TorrentFreak that his clients are currently considering whether or not to appeal this judgment.

More info will be added as it comes in… (Court ruling in Dutch)

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While awaiting the appeal that was announced immediately after the verdict, The Pirate Bay continued to operate as if nothing had happened. In the background, however, both the defense and prosecution teams were preparing for the appeal which was scheduled to take place next month.

The timing of the appeal was not ideal for several of the defendants and their lawyers. They consequently tried to postpone it to a later date but this request was initially denied. However, thanks to concerns about the objectivity of some of the judges involved, the appeal has been rescheduled after all.

“I just came out of a meeting where we decided to postpone,” Appeal Court Council Ulrika Ihrfelt said this morning.

The reason for the delay are the bias accusations against two of the main judges appointed to the appeal. Both judges have ties to pro-copyright groups and last week defense lawyer Samuelsson announced that he will take the bias question to the Supreme Court. This, after his initial request failed at the Appeal Court.

Samuelsson now has to file his complaints at the Supreme Court within four weeks, and because the appeal is supposed to start close to the end of this deadline the Appeal Court decided that it was best to postpone the case.

No official date has been set for the delayed appeal but according to Ulrika Ihrfelt it will take till at least summer 2010 before the Court has time to handle the case. Until then it will be business as usual for The Pirate Bay, providing that the operators can solve all the technical problems they’ve run into during the past days.

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

Opposition to such plans are widespread, but until recently, public opinion hadn’t been tested in a measurable way. Today we have a much clearer idea, as results from a YouGov poll commissioned by the Open Rights Group have been released.

A significant 68% of those surveyed felt that individuals accused of illicit file-sharing should have the right to a fair trial before their accounts were disconnected or otherwise interfered with as punishment.

Just 16% of respondents said they would be happy for Internet users to have their accounts automatically suspended once their ISP had received “a number of accusations.”

While 44% said the proposals would not influence their vote, just under a third of respondents (31%) said they would be “much less likely” to vote for a political party that endorsed disconnection from the Internet without a trial. Just 7% said they were more likely to support a party bringing in such sanctions.

In this digital age, Internet connectivity is becoming more and more important for us to carry out everyday tasks, and as time presses on we all becoming more and more reliant on our gateway to the online world. So just how would disconnection affect the respondents ability to carry out various tasks?

19% of respondents said their ability to work and conduct their education would be completely disrupted following disconnection, with 23% labeling the disruption as “fair”.

When the focus is placed on processes such as online shopping or home banking, 30% said disconnection would completely disrupt their activities, with an additional 43% calling the problem caused as “fair”.

Jim Killock, executive director at the Open Rights Group, feels that the government is out of step.

“Our conclusion must be that this is a politically unwise move, that will be unpopular and a vote loser for its architects,” he said, noting that such measures will fail to meet their objectives. “[They] won’t make a single penny for artists, or help online music businesses get off the ground,” he added.

While the Open Rights Group is aware why the government has gone down this “disastrous” route, Killock says they are not prepared to watch the rights of the people being taken away.

“The right to freedom of expression, a fair trial, to be presumed innocent until proven guilty: and for proportionate punishments, these are basic principles on which democratic societies are built,” he said.

Finally Killock is calling for citizens to write to their MPs to support Tom Watson’s cross-party Early Day Motion on file sharing, which was featured here last week on TorrentFreak.

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The law is intended to make it easier for copyright holders to obtain the personal details of alleged file-sharers from ISPs, but the ISPs are not handing information over without a fight.

This April, five book publishers handed a request to a local court for information on the owner of an FTP-server that allegedly stored more than 2000 audio books. Although it was a private server and the audio books couldn’t have been made available to the general public, the court ordered the ISP Ephone to hand over the details of the person behind the IP address.

In a response to the negative decision Ephone consulted its customers, asking them whether they should appeal the case or not. Of the 20,000 customers who responded, a massive 99% were in favor of an appeal, so Ephone duly took the case to the Appeal Court.

Yesterday the Appeal Court announced its verdict, which turned out to be a win for the ISP and the alleged copyright infringer. The Appeal Court nullified the earlier decision of the District Court against the ISP, and ruled that Ephone does not have to hand over the details of the FTP owner to the book publishers.

The Appeal Court argued that, even though the FTP server contained copyrighted works, probable cause for copyright infringement had not been proven. Since the server in question required login credentials there was no distribution to the public, the Appeal Court said.

The decision of the Appeal Court was received with huge disappointment by the book publishers, but welcomed by Ephone and the majority of its customers. Still, this decision may not be the end of the first IPRED case as it may still be appealed at the Supreme Court.

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

During his time in the Cabinet Office, Watson says he spent 18 months “immersed in conversation with the UK’s digital pioneers” and is convinced that the country’s economic future depends on “developing a set of economic and regulatory arrangements (which includes copyright, the legislative mechanism at the heart of the filesharing debate) to hothouse our digital natives”.

Watson has been most vocal in his opposition to the proposals by the government to throttle, disconnect or otherwise interfere with the Internet connections of alleged file-sharers. “Not only do the sanctions ultimately risk criminalising a large proportion of UK citizens,” he said, “they also attach an unbearable regulatory burden on an emerging technology that has the power to transform society, with no guarantees at the end that our artists and our culture will get any richer.”

Taking his opposition to these proposals to the next level, Watson has now tabled an Early Day Motion (EDM) on the issue. An EDM is a device used by Members of Parliament to demonstrate the level of support among other MPs for a particular point of view. Although EDMs tend not to achieve results directly, they can attract the attention of the press, which fosters further debate and discussion.

Tom Watson – EDM 1997 – ILLICIT FILE SHARING – 12.10.2009

That this House notes with concern the Government’s proposals on file sharing which would allow rights holders to request internet service providers to disconnect for a period of time, or throttle, the internet connection of people who may be accused of copyright infringement via peer to peer networks; believes that disconnecting alleged offenders will be futile given that it is relatively easy for determined file-sharers to mask their identity or their activity to avoid detection; acknowledges that illicit file-sharing only costs rights-holders money when people download infringing content in preference to buying it; further notes that identifying offenders using the Internet Protocol address of a specific machine may punish those who share a web connection; and calls on the Government to ensure that any citizen accused of illicit file-sharing is given the right to legal redress in a court of law before sanctions are imposed.

At the time of writing this EDM tabled by Tom Watson has the support of 18 other MPs, and not solely from his own Labour Party either. Support is coming in from across the political spectrum, from Labour through to their opposition in the Conservative Party, Liberal Democrats, Social Democratic and Labour Party and Plaid Cymru.

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