No Ads, Domain Seized and No Anonymity For Pirate Site, Judge Rules

A U.S. District Court judge has issued a preliminary injunction against two advertising networks and a Whois protection service of a site that offers pirated e-books. Advertising networks Clicksor and Chitika are now prohibited from serving advertisements to the site, while Enom’s Whois Privacy Protection Service was ordered to hand over all personal details of the site’s owner and make the site inaccesible.

Just a few days ago we discussed several strategies that can be employed to take down or hurt sites that are associated with online piracy. One of those strategies is pursuing the ad-networks of these sites, in order to cut off their revenue streams. Another is to target domain registrars and push these services to disable access to the sites.

In a recent case filed at the Massachusetts District Court both these strategies were used by book publishers Elsevier and John Wiley & Sons. The two publishers filed a case against the Clicksor and Chitika advertising networks and the domain registrar Enom’s Whois Privacy Protection Service. The defendants were chosen because all provided services to Pharmatext.org, a site that offered pirated e-books.

Instead of going after the people behind the site itself, the publishers chose to sue the advertisers and registrar, and this hasn’t been without result. U.S. District Court Judge Richard Stearns has now issued a preliminary injunction which orders Whois Privacy Protection Service to reveal the identity of the Pharmatext owner, including his or her bank accounts. In addition the registrar “shall take all steps necessary to disable the website,” and prevent the domain from being transferred, according to the injunction.

The site’s advertising networks, Clicksor and Chitika, have further been ordered to stop any outstanding payments to the operator of Pharmatext.org. The networks are also prohibited from doing business with the operator of the site, either in relation to Pharmatext.org or any other copyright infringement related site that he or she may start in the future.

As far as we are aware, this is the first case where advertising networks have been prohibited from providing services to a site that is accused of facilitating copyright infringement. Last year there was a case where Disney and Warner Bros. went after the advertising company Triton Media, but this outfit was believed to be more heavily involved in the day to day operations of several ‘online piracy’ related sites.

The current ruling against the advertising networks and the registrar undoubtedly set a unique precedent which may lead to more of these cases in the future. Going after the registrar turned out to be an effective tool to get a website offline quickly, which Pharmatext.org now is. As suggested earlier, we will probably see these strategies being used by anti-piracy outfits against torrent sites at an increasing rate, instead of suing the operators of these sites directly.

The preliminary injunction

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Crazyvirus

And this is what the worlds coming to sad….
- www.planet-source-code.com/
  
  Ernesto ?
  
  Before I say anything.
  I have developed a few websites in my time. Mostly in house SQL databases for my job.
  I have made online , “”collaborative forum workrooms”" . ( A forum with comment / nested.reply )
  I encountered the same issues as this comment section faces has at the minute.
  
  The “”Reply”" function in comments is messy.
  And isn’t as usable as it could and should be.
  
  Currently as is, the older system was more understandable.
  ( users typing @1 , @33 ect.. just like using the BBCode [/quote] in the workroom-forums I created , which was more understandable before my first attempt of introducing the nested.Reply )
  
  look @ the replys.
  
  Who is “”commentor”" replying to ? It’s hard to tell because it’s Nested , Numbered and Shown.
  
  Think of the structure.
  Main/article/comment/reply ( eg.. my works site is date/job/task/solution/reply )
  
  When users read “”comment”" they don’t wan’t to see “”reply”"
  If they agree , disagree , contribute ect.. with a “”comment” , then they view the replys and add one if needed.
  
  fix.
  
  “”Toggle Comments (X)”" hide function is un-needed.
  It doesn’t make commenting or replying any better.
  
  “”Toggle Replys (X)”"
  
  Should be attached to every main comment. (default hidden)
  Users will only see comment’s , not a list of replys.
  If they wan’t to see a reply , then they can view it.
  
  I also added a button to “”close reply”" , just like the closed comments.
  To shut down solved comments ect.. Usefull for this site to put an end to a “”reply”"flame war .
  
  Your site coder should be able to do it in under a couple of hours.
  - lulz
    
    I like this suggestion.
    - Anonymous
      
      i do not
  - poiu
    
    If the problem is the numbers, I think nested replies should be numbered as 1.1, 1.2, and so forth. So a reply to the second nested reply of the fourth reply, would be numbered as 4.2.1
    - poiu
      
      This way subsequent comments wouldn’t change their numbers. This comment would be 1.1.2.1
aForce

Bad news…
bootytape.com

We’re in the middle of a digital war. We’ll start seeing a rise in White-Collar crime statistics soon. Then people being forced to organize to gain there rights back, once they learn they’ve lost some they enjoyed.
- ironx
  
  i will fight with you
Anonymous

Some are bound to go down. The more that do, the more powerful we’ll be in the end.
kinng

i am sure they will find a round the ball solution for this problem too
Anonymous

Thanks John Wiley & Sons. I will think of your actions next time I need a book and see your name as the publisher.
- RenegadeScribe
  
  And I’m sure the person who wrote that book is happy that they’re going after douche bags who pirate books.
  
  I mean, come on people, author’s don’t make that much money on each book. Most are no where near Stephen King, Dan Brown, etc and make really low amounts of money for books that can take a year or more to make.
  
  So in this case, I say, yeah, take ‘em out.
  - mop
    
    Depends. In academic circles, the publishing of a book is a matter of prestige rather than money.
    
    In such a case, the author WANTS the book to be shared widely. A system where hard copy distribution requires the copyrights to be handed exclusively to a publisher, which in turn restricts the copying of the book to make money for ITSELF… well, that actually hurts the author!
    
    I’m not familiar with the site in question, but could “pharma books” have been distributing medical textbooks?
    
    And since we’re at it, let’s look at this at a higher level. Given that copyrights virtually last “forever minus a day”, the knowledge contained in these books is paywalled and is only available to the rich. One may argue that facts are not copyrightable, but since all expressions of said knowledge are automatically copyrighted, no instance will ever enter the commons until some author chooses to waiver his privileges. How much more screwed up can this system get?
    
    Also, when you have intellectual PROPERTY, you also have intellectual POVERTY! Call douche bags the people who want such a system to stay in place. Condemn the authors who are failing to take advantage of the amazing new self-publishing medium at their finger-tips, and who are still stupid enough to give all their work to a dead-tree publisher to “sell copies” (not economically viable!) of their work. Lynch the politicians who have forgotten their duties to those they serve, and who allow knowledge and culture to be locked up and let those who seek them to be persecuted.
    
    There are many ways the authors can make money from their work OTHER THAN selling copies, and those solutions respect the readers.
    
    To sum up your argument: “Someone think of the artists!”
    Complacent simpletons like yourself are THE PROBLEM, because you swallow all the propaganda the publishers feed you. Can the authors not survive without the publishers and the publishers’ lawyers? Really?
    - ANO
      
      +1
    - S242
      
      @MOP: “Complacent simpletons like yourself are THE PROBLEM”
      
      Are you an author to know what authors really require? Are you sure that you are not the “simpleton” here. You are making a couple of really blank statements, and they dont match at all what I think creative people need.
      
      Yes, some autghors, like scientists – ar enot dependent on money and they want the exposure.
      
      Most authors are actually dependent on money coming in. And people like you disrespeect their expressed interest to be paid for their work.
      
      Simple enough for you?
- Josh
  
  Is that the same Wiley that does all the textbooks for colleges/universities? I hate those guys…. there’s no reason any textbook should be hundreds of dollars…
  
  When do you think they’ll go after the used book market?
  - chevron
    
    By releasing a new edition with altered page numbers every year, they don’t need to go after that market :)
  - Aerilus
    
    they already have any digital edition you buy is time limited and non transferable way to move into the 21st century
DJDANKVT

Typical….most political figures, judges, politicians etc are in the pockets of the big media companys, so this sort of action doesn’t really surprise me at all unfortunately…….But they are really effing dumb if they think this is going to have any kind of impact on file-sharing they will be sorely mistaken….lol
- Anonymous
  
  They are just shooting themselves in the leg. You want the general population to take the law serious and have some faith in the people running a country. If you start to abuse it, people will start working against you in all kind of ways. Look at all the things that happened when alcohol was prohibited in the USA.
  
  Try beating a dog a few times when he did not feel it was deserved. He will never listen to you again and do his best to work against you.
Mike Cane

Unless your server is under your bed and has no dependencies on others to get on the Net (an impossibility), there will always be a weak link that can be used against a site.
- RenegadeScribe
  
  Shhh, don’t break the delusional fantasy they’ve built for themselves!
  - Strider
    
    Yes, we get it, you are against pirating and comments you are making have collectively lowered everyone’s I.Q. congratulations. No, no one actually thinks there is a sure fire to keep sites online and what is even more hilarious is the people who have nothing better to do than try and troll a news site, poor bastard. So, I would believe you are the delusional one, sir, if you think anyone cares.
EliteEliza

Hmm, on a Google server eh?
Anonymous

it’s offline now
Marcus

All this will do is force millions of sites to stop using American advertising agencies.
Let’s see how long this lasts when American companies start losing millions.
momo

damn it!!
miskamooskamickeymouse

ebooks? mmmmm yummy!!
by the way, get your science fiction and fantasy ebooks here:
http://www.sffebooks.com
Jon

Great news. Good riddance. If you want something so bad, why not pay for it and support the people who invest in making it possible?
- lol
  
  ummm well first off, im pretty sure ebooks are DRM crippled. its not our fault your DRM crippled, semi-usable product, which costs the same as the actual product, but passes on the distribution infrastructure to us, without any of the associated rights you get with a physical product, has to compete with a free, and more importantly WORKING version, because ur corporate masters decided to get in a pissing contest with THE INTERNET.
  
  in fact, the pissing contest has gotten so bad, that i just stay paranoid by default. and why shouldnt i? rootkit me once ($ony), shame on you, DRM server FAIL me twice (micro$oft, ubi$oft) shame on me.
  
  MAFIAA has established, non-stop, for basically my whole life, that their products are crippled my design with proprietary BS, traitorware, and all sorts of usability fails.
  
  on top of that, they use the money to attack the weakest of society, through viruses, lawsuits, and bribing away our rights to representation with lobbyists.
  
  plus, at the very least, the sh*t just dont work man, it just dont work.
  
  u want something digital to work? go open source, if u cant go open source, get a cracked version, if u want to contribute, paypal the artist/developer/foundation directly.
  
  but all ideals/morals/ethics aside, at the end of the day, DRM free works, and DRM is a FAIL waiting to happen (assuming it ever worked in the first place)
  
  heres a crazy idea, spend the money u would spend on DRM on added value, u know, value, u remember that right? how bout a MUST HAVE online mode, regular updates, cloud access
  
  i have no problem buying stuff, but my corporate /ban list is pretty big these days. u see i CANT buy mafiaa products, or me and other innocents will be attacked with the money
  
  dont u understand these people are evil?
- Anonymous
  
  Firstly.. Not everyone can just “PAY for it”.
  
  Secondly.. People who cant pay will never buy anyway.
  BUT they might buy in the future , when their circumstance changes , And IF they are exposed to previous works.
  So them copying a copy ,is actually EXPOSURE to future customers , so must be a positive for CREATORS.
  AND.. OR…
  They might just tell someone who WiLL buy it.
  “Word of mouth” promotion is the best there is.
  HENCE , someone copying , could and DOES actually boost sales, if the person copying promotes it in FAVOR of the creator.
  
  ..lastly..
  
  Support happens when Writer/artist produces something a user likes.
  
  GONE are the days that crap books/music/video are bought because of misleading publicity/extracts.
  GONE are the days when the big record labels , can pay to have their latest music played on the airways , then release it SEVERAL months later with a least another 3 tracks you don’t want.
  
  Try before you Buy
  
  then if you like it support the creator.
  
  THAT’s WHAT PEOPLE DO ANYWAY..
  Thats why people wear football/sports ( team branded) clothing and buy all sorts of merchandise ect..
  NEVERMIND them actually buying the primary product.
  
  Fuk the distribution company
  Fuk the publisher
  Fuk the marketing company.
  
  They just want to maintain the old, useless distibution & sales model that used to make them rich , while we , ended up with shit we didn’t wan’t or need.
  Not only that , the content creator gave up a HUGE portion of sales to these bloodsucking middlemen.
  
  Support the creator.
  ( in whatever way you can , but thats what we do anyway )
  
  . . . . note
  
  Book sales are ALWAYS going down , in the long term.
  
  There is far too much alternative media out there that basically , make most books look like a crap way , to spend a couple of hours.
  
  so you have to consider that FACT when “PUBLISHERS” complain about poor sales.
- Ninja
  
  I personally like paper books. They don’t need batteries and that’s pretty cool when you spend hours reading. Reading is entertaining for the ones with enough will to spend more than a few minutes on them.
  
  In any case, it’s amusing how the information available today both entertainment related or not has reached a point where you can’t buy everything you think it’s worth. The average income cannot afford everything the ordinary ppl want to buy and their primary needs. There’s simply too much to be bought and too much to be ‘consumed’. Even the stuff I download is suffering from saturation. I simply don’t have the time to watch everything. My friends and family have the highest priority. The result is that I end up deleting stuff I’ve downloaded without ever touching it.
  
  Now to bring things to the article and the situation: doesn’t matter if they kill file sharing, ppl won’t buy more. Worse than this, they’ll just make ppl angry at them and lose the publicity that file sharing brings in for free.
  
  Unfortunately it sets a precedent that’s bad for every1. Bad for the consumers, bad for the advertisers, bad for the internet service providers and bad to the MAFIAA themselves. But it seems that the old generation that holds the power nowadays seems to be too myopic to see what lies ahead and what evils their actions will bring in the long term.
  
  Fortunately they’ll die at some point. Naturally.
  
  What’s left to us is to hold our positions till the time they lose their power to the inevitability of life: death. Then we’ll see fresh air in this issue. And many other issues.
Whatever

“until proven guilty” is only for richest and people in the right position. All others can have their hobby, business or life destroyed based on nothing more than accusations.

I wonder, if someone “accuses” Disney and Warner Bros of anything wrongdoing on their site, if this will be enough to take them out ?
Anonymous

An insurrection is coming.
Harpalos

What happened to contradictory justice, where the person against whom you have a vendeta has a chance to defend himself, with a lawyer.
Instead, they go after your service provider…
Jean Chicoine

To #10 RenegadeScribe
I’m a writer (in French), I’m basically unknown except for a modest fan base and I understand that unless a miracle happens I will not make tons of money selling my books. And that’s not the point of me writing them. I make my money by other means. My point is: I want my books to be read and for that to happen, they have to be visible and circulate. I’m okay with people downloading them for free and sharing them, as long as I’m being read.
I’ll tell you something else: unless you’re a blockbuster author and can live off of your books, being a writer is not the way to make money. Writing is a vocation, a labor of love. The ones who are making money are the publishers, not the authors.
So, all aboard the piracy ship and let’s spread the words!
- Anonymous
  
  jean chicoine
  
  post us a few links.. We all can help “spread the word”
  - Jean Chicoine
    
    les galaxies nos voisines:
    http://www.livres-disques.ca/editions_ble/products/product_detail.cfm?id=6432
    
    la forêt du langage:
    http://www.livres-disques.ca/editions_ble/products/product_detail.cfm?id=6869
    
    Couldn’t say where or how to get them for free, though. If someone knows or finds a way to bypass my publisher, let me know!
    - Anonymous
      
      Go to library, scan those books into pdf. Start torrent program click make torrent, select pdf file. Save torrent file to desktop or easy folder. Upload torrent file (not pdf) to torrent site. Torrent site will give you a link to a page where people can download the torrent file.
      
      Post that link all over the web (once here on TF for us to help you). After we download the torrent file. Our computer will download the pdf from your computer. So you need to keep the pdf of the book in the torrent program until enough people have it. After that it will get distributed for free over our bandwidth. To anyone that can get their hands on the link or the torrent file.
    - Anonymous
      
      Souds good!
      
      Pretty bad that i’m not in Canada and can’t spend 20dolls + shipping just to read one book…
Balls Mahonney

@ #22 Walt Disney was a Nazi, and Warner Bros made a shit load of racist cartoons. The studios are evil and want our money, lives and souls.
CLL

Honestly, I don’t see the different between a library buying a book and lending it out, and a person buying a book and sharing it on the net. In both cases, only one book is purchased for many to read, yet the first example is perfectly acceptable, and the second example is “a crime.”
- jon7272
  
  what he said. thats where i got most of my music collection before i found torrent sites. good old librarys lol
tony97a

i love books, and i love to hold one in my hand when i read but i don’t buy new ones as they are getting out of sight, for a e book they want a new price plus some and that i will not pay,so i say get a seed box and a vpn connection and go to town.

the age of computers are here and they can get on the wagon or fall off and die byside the trail.

a good example is the tecumseh engines, they didn’t want or think they had to change, well they are now bankrupt and sold so let them go and they will see.

put a good price on it and allow me to print it and i will buy from you but not now as i can’t afford a vaction and evertime i see one of these actors or authors at the beach or traveling in some fancey place it just makes me more determined to go around them.

have a good day while you can as by now i know that you are not gonna stop the internet as soon more and more of the comman man is going to start yelling and shaking up your world.
rndpirate

With loss of one domain new one will probably follow that is not under Uncle Sam direct control. If not then there will be probably 10 new sites waiting to take over.
Also if that site admin had any common sense at all he used fake registering details anyway.
Good job Elsevier and John Wiley & Sons, you just accomplished nothing. Your books will be shared no matter what you try.
me

/begin rant

I hate those WHOIS anonymizers: when a domain misbehaves (technically that is, e.g. screwing up the DNS), it is impossible to contact the person responsible for it. WHOIS privacy services ought to die, IMO. I’m wondering that ICANN are still tolerating them, while asking every other domain owner to provide a real address.

/end rant

This said, anyone seeking to remain anonymous should REALLY consider using Freenet and publishing their Freesites there. Guys, it’s time to boost Freenet: the more we publish there, the more attractive it will become.

http://freenetproject.org/
me

Just publish them on your website dude. Et laisses nous savoir l’adresse. On fera le necessaire pour la promo.
VOR

A person would have to be crazy to host a torrent site –or register a domain– in the USA, the most un-free country in the world.

Also, any US-based advertisers, payment processors, or anything else can easily be targeted, and therefore need to be non-US based.
Anonymous

Solution: use a registrar well outside of US jurisdiction that gives anonymous WHOIS info.
Obama’s internet

Obama’s cabinet of big media stooges is wrecking the internet with regulations. They are laying the framework for an opressive internet.

2nd term for Obama? my vote is hell no. Its like people dont have a right to privacy anymore. With all these new regulatory schemes under Obama’s regime we are seeing a streamlined model for whats to come.

Can the people speak with their votes when Obama is up for re-election and vote an affirmative NO?

That remains to be seen
- Anonymous
  
  lol.
  
  Whoever Obama’s opponent is in the election, they’ll be just like him. It doesn’t matter if you vote an affirmative NO because you’d simply be getting another Obama if the Republicans won.
  
  Both are the same. Bush = Obama = next President. The only thing differing is the rhetoric. Good thing they have idiots like you who are so easily fooled by empty words, eh? Imagine if people woke up and realized neither Republican nor Democrats nor (insert party here) are the solution to anybody’s problems. Then there might be some sort of change to the status quo! God forbid.
  - Just me
    
    What we need (as non-Americans, is for the USA to vote in Sarah Palin!
    
    She promotes 19th century isolationism, claiming to represent the wishes of the American Founding Fathers.
    
    George Washington in his Farewell Address placed the accent on isolationism in a manner that would be long remembered:
    
    “The great rule of conduct for us, in regard to foreign nations, is in extending our commercial relations, to have with them as little political connection as possible. Europe has a set of primary interests, which to us have none, or a very remote relation. Hence she must be engaged in frequent controversies the causes of which are essentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves, by artificial ties, in the ordinary vicissitudes of her politics, or the ordinary combinations and collisions of her friendships or enmities.”
    
    In brief, the USA should stand appart from all other nations and limit its action on World’s affairs.
    
    I could live with that!
- Anonymous
  
  Silly Americans. Your president is not the person in charge. You already let enough laws be broken down so that banks and corporations can take control. Rules set up by your founding fathers about banks and big money to keep it a real democracy. They laugh as you vote another fall guy away. You even get to pay a percentage of your presidents policy before he is in office with campaign money. Same as with the separate church and state. God this god that is all you hear.
Rboy

I wondered when this would happen. Pro copyrights are masters of using third parties. I knew eventually those companies that serve adverts would be target. That was a bush idea namely go after the money. Since Bush and continuing with Obama we are slowly losing rights.

I wished people would stop whining about how artists are not being payed because of file sharing. Copyrights are about distribution and protecting distributors and their profits. When a publisher pays an Author an advance they naturally want to make as much as possible.

There is a limit to the number of times a printed book can be shared but there is no limit to an ebook.

This is the problem. A certain amount of ebook sharing should be legal whether electronic or paper I should have the right to transfer that book to at least one other party and/or sell it just like a paper copy.

The next problem is how would you distinguish a legally shared copy from an infringing copy?

The only solution I can come up with in this case is to ban publishers from selling ebooks and force them to relinquish their rights to ebooks back to the Authors. The authors would then be responsible for selling and distributing their works in eform.

I believe that if a book is sold for about .10 cents on the dollar in non drm eform directly by the Author most people would buy it. I for one would be happy to pay an author a reasonable amount for an ebook. Ebooks will never have the value of a hard copy for obvious reasons and so should be valued for significantly less.

Technology has made many things much cheaper and those who support intellectual property refuse to accept the fact that this property in electronic form is worth much much less then when it was in a hard form be it disk or book or tape or whatever. When they finally do embrace this fact file sharing will become irrelevant.
AnonymousDomesticTerrorist

Find the judge and post his phone number and address online.
Kill the bastards.
bob

TF : I’d be curious to know if this site had a DCMA system? Has he been asked to remove the content and didn’t remove it or did they went to court without even asking him to remove the content?

If that was the case, that would be really fucked up and frightening…

Any more information?
- Anonymous
  
  https://webcache.googleusercontent.com/search?q=cache:qtqM9GpqWQUJ:www.pharmatext.org/+&cd=1&hl=fr&ct=clnk&gl=us
  
  sounds like there was nothing to ask removal.
  
  weird though that censorship went so fast!
John Doe Internet Hoe

This amazing piece of peotic justice needs to be seen by millions to make an impact the size of texas by a meteor.
tz

That’s why https://torrentzone.net has no ads
bob

any good non-us services to handle donations?

:/
- Aerilus
  
  pirate bay is using alertpay for their vpn service. its based in canada kind of like paypal except more shady
  
  https://www.alertpay.com/info/contactus.aspx
Harquebus

Is it the WWW or the U.S.W. Take your websites and your money to another country.
me

When did people start caring about pirated ebooks?
- Anonymous
  
  Just wait until photographers and designers catch on.
squaky

I resent having to pay for a very expensive police state we increasingly find ourselves in.
Weird typeface

So the USA has gone litigation crazy once again… Take all your business away from the USA, once they realize the courts are hurting their economy, all this non-sense should stop.
lverona

Actually, this does seem to be a very effective way to control the Internet. In fact, I think we should expect more of this. And, to be honest, I am not sure what can be done to prevent that. Underground Internet?
- Anonymous
  
  Yeah, what they do is just pushing everybody to use the already ready solutions for an underground network (tor, freenet, i2p, gnunet..)
  
  Don’t know if they realize that they are doing that though…
  
  Not a smart move from them anyway
MD3

Wiley is having the same reality-check problem as the recording industry: Their abusive practices are starting to be frowned upon by the public.

The recording industry had us for decades buying FULL 10-track albums which only contained 1 or 2 good songs.

Publishers had us buying college-required textbooks for hundreds of dollars just because they released futile editions with altered page/exercise numbers to force sales.

Time to change your business model, because the Internet generation is not willing to put up with this.
FV

help yourself to a better torrenting experience: http://tiny.cc/2ol7t
Pingback: 3 Count: Ad-Free Version
scorcher14

This is not good. I used to run an ad network, and I had no way of policing all my publishers, nor should I be required to. Ad networks have thousands of publishers. How can you possibly be responsible for the behavior of others?

Also, the fact that property is being seized based solely on an accusation, not a conviction, is deeply troubling. Anti-piracy advocates cannot expect support if they violate the rules of due process. Horrible precedent and likely unconstitutional.
Pingback: Judge wants to make piracy fight more proactive | MyCE – My Consumer Electronics
Anonymous

Hmmm… that Stearns guy is 66 years old. And why are all the piracy cases judged by the old cocksuckers?…
Pingback: Online Global Week in Review 21 January 2011 from IP Think Tank

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