TorrentFreak

The place where breaking news, BitTorrent and copyright collide

MPAA Takes Legal Action To Force ISP to Block Newzbin

Three months ago, TorrentFreak discovered that the Motion Picture Association were about to make an unprecedented move against file-sharing in the UK. Their targets were ISP BT and Usenet indexing site Newzbin.com. In discussions the MPA refused to confirm our suspicions. Yesterday, however, the MPA went to court to obtain an injunction to have BT block Newzbin in the UK.

newzbinIn mid September this year, TorrentFreak received word from a previously reliable source and another anonymous one whose credentials we could not confirm, that the MPA/MPAA had the resurrected Newzbin site in their crosshairs.

The first tip said that the movie industry would try to force UK ISPs to block Newzbin in the UK. The second was more specific – that target would be one of the leading ISPs, BT.

After trying to gather more information, we contacted the MPA with what we knew and asked them if they could confirm our suspicions. At that stage, no information was forthcoming and Newzbin were also in the dark. The trail ran cold but in the last 24 hours the picture clarified somewhat.

Yesterday, the MPA went to court seeking an injunction against BT in order to force them to block Newzbin2, the resurrected version of the original Newzbin which lost a High Court battle earlier in the year.

In a statement sent to TorrentFreak, the MPA explain the process it has undertaken.

“The law which the Court referred to is Section 97A of the Copyright, Designs and Patents Act, which provides for possible injunctions against internet intermediaries. Article 8.3 of the European Union’s Copyright Directive, of which S97A is the UK implementation, has been used successfully in Denmark to block rogue sites hosting illegal material, with further cases pending in Germany, Holland and Belgium.”

“In launching this case, the MPA is aiming to secure an order that will enable BT to block Internet access to the site, thus preventing the site from using the Internet to make money through infringement,” the MPA adds.

In order for the MPA to obtain an injunction under section 97A it is believed that they must have approached BT already with a request to block Newzbin, but had it denied.

At this stage, BT have confirmed they have received paperwork but refused to comment further.

John McVay, Chief Executive of Producers Alliance for Cinema and Television (PACT), a UK trade association representing and promoting the commercial interests of independent films and television, welcomed the news.

“PACT supports today’s announcement. It is a shame that a legal action has to be taken, but illegal websites such as Newzbin2 pose a grave threat to our membership who do not have the resources to combat online copyright infringement.”

In a response to the news, Newzbin state the following:

“This is just an application and not yet a decision of any court. We will be looking to instruct lawyers to fight this on behalf of our UK users. The MPA application to engage in censorship of the Internet for their own petty interests would, if granted, set a dangerous precedent in a Western democracy.

“We don’t want to engage in a polemic but we have fully cooperated with DMCA requests from content owners and we are careful to act lawfully: ‘drive-by’ litigation such as this will cut off access to substantial legitimate content and is entirely unwarranted & disproportionate.”

Related Posts

Previous Post | Next Post

  • Again?

    Good! Crappy site! Should shut it down.

  • Gav

    Absolute stupid.

  • Drag0nflamez

    @1: Fuck off. This isn’t about copyright, it’s censorship.

    Though I don’t use Newsbin nor use BT (I’m Dutch) I just want to keep it available to prevent censorship. Also, I use Binsearch.

  • Anonymous

    This will have 0 impact on file sharing. Hope you guys spent alot of money trying to get it blocked mafiaa.

  • johnson

    trouble with comments like yours, #1 by Again?, is that if the MPA are successful with this motion, what site(s) will be next? this is to do with web site censoring in the UK, not whether a site is ‘crappy’ or not. will you change your opinion in the future when it is a site you use? are you just another entertainment industry troll, like so many others that post here? let this censoring happen/progress and it will affect everyone, even you, in the end!

  • Pingback: Tweets that mention MPAA Takes Legal Action To Force ISP to Block Newzbin | TorrentFreak -- Topsy.com

  • Anonymous

    I use newzbin and I find it a great site,
    If BT blocked newzbin this would accomplish absolutely nothing, It is quite easy for us users to bypass ISP blocks, its called a proxy and there are many available,
    OH GOD WHY DO PEOPLE WHO PRETEND THEY KNOW STUFF, REFER TO STUFF LIKE ITS THE DAMN STONE AGES AGAIN

  • SL

    The censoring has already begun, the filth in the UK can size any UK domain name for any reason and dont need any legal approval.

    They could take down a totally legal site highlighting police brutality or corruption just because it makes them look bad.

  • Grabché

    Not being familiar with the ISP BT, I was somewhat confused by the identifier usually referring to BitTorrent :S

  • Flying Dutchman

    MMM…

    Can’t visit website > Uses VPN/Proxy > browses website > Tells MAFIAA to suck it.

    Enough said…

  • Tomas

    I’m pretty sure in the UK you only get to choose between two service providers. You have Virgin/Telewest and then BT. Anyone who is not Virgin or BT is simply a reseller of BT (which is why almost every ISP says you need a BT line to your house). It’s a smart move really because blocking it with BT effectively blocks it for all but one ISP.

    The trouble is that it won’t have any effect. Someone will bring out newzbin3 and in the mean time we’ll just visit one of the other few thousand sites providing the exact same content.

  • Leo

    @ #9

    Not really, all the all the “sub” isp’s could go to court and complain that they had no say in it.

  • 2in

    @9 (Thomas) not quite right. BT wholesale provide the majority of adsl connections that are not loop unbundled which then means ISPs installing their own equipment into the local phone exchange. BT Wholesale then sell this connection to other ISPs, of which BT Retail is one, this is BT’s ISP arm which is where the blocking will take place. BT are in no position do implement any blocking at their wholesale level so pretty much any other ISP will be fine.

  • bingo

    surely the issue here is that some Usan company is demanding of a UK company operating in UK that they jump through Usan hoop.

  • Anonymous

    #4 is right if they are successful in this then what site is next? A list of one site today but tomorrow a list of 10,000. BT must fight this tooth and nail!

  • Pingback: http://torrentfreak.com/mpaa-takes-legal… « ueof.co.uk

  • SirMuttley

    @6 (SL)

    Your post is completely incorrect and misleading. No such powers exist.

  • 2in
  • Ano

    I guess they still don’t understand that you can’t block access to a site completely.

  • hotdog

    lol thanks mpa another site to use ;)

  • Anonymous

    Proxy
    VPN
    SSH tunneling
    is the way to go

  • Anonymous

    and use SSL whenever you can.

  • harry krishna

    it’s not free – why would i want to use it?

  • Pingback: 3 Count: Nine Words

  • Stiggle

    As soon as the ISPs start actively filtering content then they lose their ‘common carrier’ status.

  • InterWebz

    Once again, China/Iran/any non-western country does this = “It’s censorship, how dare they restrict the voice of their citizens etc”.
    Any western country (ie us the ‘good guys’), “oh it is all about protecting rights and ensuring these struggling artists get their due”

  • four20

    sure wish i lived in UK.

    hehehehehehehehe

  • Benni

    I hope someone can clear this up for me…..

    as I understand it Bt or rather BT Wholesale own a fair bit of the network in the UK unless your lucky enough to be on the LLU Loop (BT Wholesale throttle all ISP traffic even if your ISP actively does not)

    So if this injunction is successful would it extend to BT Wholesale? although it is separate to BT Internet it’s still under the BT umbrella

    If so that would mean a blockage for any ISP on the wholesale network…..tough times

    I hope this is not the case

  • neostyles

    It’s so silly, how they try to make themselves look all innocent by talking about DMCA requests. They should have realized that that the content on their site is copyrighted and never allowed it up in the first place. By putting it up on their site, the damage has already been done and, by the time rights holders go through their needlessly complicated procedure, their work will have already been downloaded hundreds of thousands of times and the dmca request will be useless.

    How can they expect anyone to take these clowns seriously when they say that they are “careful to act lawfully” when their site has catatogies for movies and rv shows, all of which are copyrighted? Their site is no different. It is a collection of copyrighted content and they think that just because they give creators the right to go by an remove each of their thousands of links, one dmca request at a time, that makes them legit? They are doing everything they can to make it easier for their users to find copyrighted content, yet they claim that they respect rights holders? The interest of their users (how the site maintains it’s popularity) directly conflict with those of copyright holders.

    Isn’t the very site’s existence illegal? It already lost a court case and they resurrected it. Im not a lawyer or something, but isn’t defying a court order illegal?

  • Anonymous

    Look we all know you can use a proxy. That is NOT what this is about! Do you want to use a slow proxy to all your favorite sites? Do you think that is how it should be?

    Are you going to let MPA start the beginning of web censorship? Because it will NOT stop with one site! What is next, the photography association closing imageboards? Restaurants closing recipe sites? They already started on e-books.

    How would you react if you could not call your friend anymore. Because the MPA made your phone service provider block his number. For using sms to send out hashtags or something. Because THAT is what they are doing.

    Yes that is the country you live in. And you do nothing because you think a proxy will save you… If you don’t draw a line, they will take more and more.

  • Ninja

    Road operators should block trucks too since they could be used for transporting illegal material. Makes sense.

    Bah, why am I even trying? MAFIAA could die already and spare us these absurdities.

  • Pingback: MPAA Takes Legal Action To Force ISP to Block Newzbin | Systema

  • Pingback: Film Industry Calls on Broadband ISP BT Retail UK to Block Newsgroup Website | LIVE NEWS :

  • Will

    “illegal websites such as Newzbin2″

    Again, no judge nor jury stated so. SO its not illegal.

    Again, they should sue them for hurting their image.

  • Fox

    So glad, I switched my parents ISP from BT. – BT use to be amazing but now have completely sold out.

  • Pingback: Online Global Week in Review 17 December 2010 from IP Think Tank

  • Pingback: Film Industry Orders BT To Block File-Sharing Site | eWEEK Europe UK

  • @Fox

    BT have never been amazing.

  • Ole Husgaard

    The article cites MPA:

    “The law which the Court referred to is Section 97A of the Copyright, Designs and Patents Act, which provides for possible injunctions against internet intermediaries. Article 8.3 of the European Union’s Copyright Directive, of which S97A is the UK implementation, has been used successfully in Denmark to block rogue sites hosting illegal material, with further cases pending in Germany, Holland and Belgium.”

    With respect to Denmark, this is a direct lie. The injunctions in Denmark do not refer to Article 8.3.

    Instead they refer to an article in the local danish copyright law, which makes telecom providers responsible if their customers use their transmission networks to transport illegal copies of copyrighted material.

    This article predates EUCD, and is in direct violation of EUCD article 5.1(a).

    The civil servant who originally wrote this article in our local law was also the top responsible civil servant (legal expert) for correctly implementing EUCD in local danish law, and he failed to do his job properly, because local danish copyright law is now in violation of EUCD article 5.1(a).

    This person, Peter Schønning, is no longer a civil servant. Today he is an IFPI lawyer, and he was heading the case about blocking TPB in Denmark.

  • DarkSide

    1 – TOR
    2 – Download .nzb
    3 – Disable TOR
    4 – Start client
    5 – Download

  • Me

    The problem is if they are allowed to block 1 website on one isp because they do not approve of the sites content, where does it then end?

    Pretty soon applications to block tens, hundereds or even thousands of sites to all isp’s will be the norm and these won’t all be big piracy filled sites. It will be small personal sites, blogs, fansites and just about anything where an image video, text, likeness or piece of music is used without permission.

  • seen it all now

    This is CLEARLY the fist step to total censorship They’re putting there foot in the door soon there whole body will be inside.

    Hell they have already started with
    “Wikileaks”.Its not a matter of security.We all know whats going on there: The U.S. Government doesn’t want their dirty laundry aired (a.k.a. corruption). Believe me I’ve read some of it and its filthy!! now there is almost a complete global ban on the website.

    These torrent websites aren’t offering any means to upload any content, they are simply indexing what is available. These tactics are the equivalent of convicting a reporter for writing a story about a robbery.

    They’re Chasing phantoms and for them to waste the time and money on this is utterly DISGUSTING!!!!

  • Anonymous

    mpgay lol

  • Audrey

    If anyone wants to start a torrent site I got 2 domains I want to sell:
    http://forums.digitalpoint.com/showthread.php?t=2035974

  • chazz

    This is DELIBERATE CENSORSHIP by and on behalf of some of the world’s RICHEST companies. BUT note Limewire has resurfaced as a pirate edition with a myriad of pirate servers.

    The MPAA may try, but WILL NOT succeed.

    Sorry though about their sordid attempt to censor newsgroups in Usenet.

  • Pingback: Record Labels Blame Google For Piracy, Hint At Censorship | PornDL News

  • Pingback: MPAA Shuts Down 29 BitTorrent and NZB Sites | PornDL News

  • nointelhere

    Dear Mr.ISP, Please disconnect me. Not much point in having a high speed connection if there’s nothing to download. All of my real needs can be satisfied using dial-up at home but mostly it will be through my mobile phone carrier.

  • BTGuard - BitTorrent Anonymously

NewsBits

Even more news...

  • The Pirate Bay Isn’t Down Completely, Just Having a Few Issues

    Twitter and Facebook, not to mention the TorrentFreak inbox, are currently alive with complaints that The...

  • Pirate Bay Founder Gottfrid Svartholm on Freedom of Speech

    Freedom of speech is a highly valued commodity, but should people be allowed to say whatever...

  • Blu-ray Anti-Piracy Tech Stops Discs and Promotes Purchases

    An anti-piracy system present in all official Blu-ray players since 2012 has received a fresh update...

  • Foxtel Breeds Pirates by Locking Up Game of Thrones

    One of the main reasons why people turn to piracy is the lack of legal alternatives....

  • UK Student Admits Breaching Sony Copyrights With Leak of PS3 SDK

    Last year an Internet user known as El Nomeo leaked version 3.70 of Sony’s Playstation3 SDK...

MostDiscussed

Below are TorrentFreak's most discussed articles of the past month. Join the discussion if you like.

CopyQuote

Left Quote

“The Pirate Bay has been one of the most important movements in Sweden for freedom of speech, working against corruption and censorship.

Peter Sunde Left Quote

PopularArticles

A selection of some TorrentFreak's classics dug up from our archives.