The report titled Behind The Cyberlocker Door: Behind The Cyberlocker Door: A Report How Shadowy Cyberlockers Use Credit Card Companies to Make Millions, is being used as ammunition for copyright holders to pressure credit card companies and advertisers to cut ties with the listed sites.

While some of the sites mentioned are indeed of a dubious nature the report lacks nuance. The “shadowy” label certainly doesn’t apply to all. Mega, for example, was quick to point out that the report is “grossly untrue and highly defamatory.” The company has demanded a public apology.

4shared, the most visited site in the report with over 50 million unique visitors per month, is now making similar claims. According to 4shared’s Mike Wilson the company has put its legal team on the case.

“We decided to take action and demand a public retraction of the information regarding 4shared’s revenues and business model as published in the report. Our legal team is already working on the respective notes to Digital Citizens Alliance and Netnames,” Wilson tells TorrentFreak.

As the largest file-hosting service the report estimates that 4shared grosses $17.6 million per year. However, 4shared argues that many of the assumptions in the report are wrong and based on a distorted view of the company’s business model.

“Revenue volumes in this report are absolutely random. For instance, 4shared’s actual revenue from premium subscription sales is approximately 20 times smaller than is shown in the document,” Wilson says.

4shared explains that its premium users are mostly interested in storing their files safely and securely. In addition, the company notes that it doesn’t have any affiliate programs or other encouragements for uploading or downloading files.

Unlike the report claims, 4shared stresses that it’s not setup as a service that aims to profit from copyright infringement, although it admits that this does take place.

To deal with this unauthorized use the file-hosting service has a DMCA takedown policy in place. In addition, some of the most trusted rightsholder representative have direct access to the site where they can delete files without sending a takedown notice.

This works well and the overall takedown volume is relatively low. Together, the site’s users store a billion files and in an average month 4shared receives takedown notices for 0.05% of these files.

In addition to their takedown procedure 4shared also scans publicly shared music files for copyright-infringing content. This Music ID system, custom-built by the company, scans for pirated music files based on a unique audio watermark and automatically removes them.

Despite these efforts 4shared was included in the “shadowy cyberlocker” report where it’s branded a rogue and criminal operation. Whether the company’s legal team will be able to set the record straight has yet to be seen.

Netnames and Digital Citizens have thus far declined to remove Mega from the report as the company previously demanded. Mega informs TorrentFreak that a defamation lawsuit remains an option and that they are still actively pursuing the matter.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

Titled “Behind The Cyberlocker Door: A Report How Shadowy Cyberlockers Use Credit Card Companies to Make Millions,” the report attempts to detail the activities of some of the world’s most-visited hosting sites.

While it’s certainly an interesting read, the NetNames study provides a few surprises, not least the decision to include New Zealand-based cloud storage site Mega.co.nz. There can be no doubt that there are domains of dubious standing detailed in the report, but the inclusion of Mega stands out as especially odd.

Mega was without doubt the most-scrutinized file-hosting startup in history and as a result has had to comply fully with every detail of the law. And, unlike some of the other sites listed in the report, Mega isn’t hiding away behind shell companies and other obfuscation methods. It also complies fully with all takedown requests, to the point that it even took down its founder’s music, albeit following an erroneous request.

With these thoughts in mind, TorrentFreak alerted Mega to the report and asked how its inclusion amid the terminology used has been received at the company.

Grossly untrue and highly defamatory

“We consider the report grossly untrue and highly defamatory of Mega,” says Mega CEO Graham Gaylard.

“Mega is a privacy company that provides end-to-end encrypted cloud storage controlled by the customer. Mega totally refutes that it is a cyberlocker business as that term is defined and discussed in the report prepared by NetNames for the Digital Citizens Alliance.”

Gaylard also strongly refutes the implication in the report that as a “cyberlocker”, Mega is engaged in activities often associated with such sites.

“Mega is not a haven for piracy, does not distribute malware, and definitely does not engage in illegal activities,” Gaylard says. “Mega is running a legitimate business alongside other cloud storage providers in a highly competitive market.”

The Mega CEO told us that one of the perplexing things about the report is that none of the criteria set out by the report for “shadowy” sites is satisfied by Mega, yet the decision was still taken to include it.

Infringing content and best practices

One of the key issues is, of course, the existence of infringing content. All user-uploaded sites suffer from that problem, from YouTube to Facebook to Mega and thousands of sites in between. But, as Gaylard points out, it’s the way those sites handle the issue that counts.

“We are vigorous in complying with best practice legal take-down policies and do so very quickly. The reality though is that we receive a very low number of take-down requests because our aim is to have people use our services for privacy and security, not for sharing infringing content,” he explains.

“Mega acts very quickly to process any take-down requests in accordance with its Terms of Service and consistent with the requirements of the USA Digital Millennium Copyright Act (DMCA) process, the European Union Directive 2000/31/EC and New Zealand’s Copyright Act process. Mega operates with a very low rate of take-down requests; less than 0.1% of all files Mega stores.”

Affiliate schemes that encourage piracy

One of the other “rogue site” characteristics as outlined in the report is the existence of affiliate schemes designed to incentivize the uploading and sharing of infringing content. In respect of Mega, Gaylard rejects that assertion entirely.

“Mega’s affiliate program does not reward uploaders. There is no revenue sharing or credit for downloads or Pro purchases made by downloaders. The affiliate code cannot be embedded in a download link. It is designed to reward genuine referrers and the developers of apps who make our cloud storage platform more attractive,” he notes.

The PayPal factor

As detailed in many earlier reports (1,2,3), over the past few years PayPal has worked hard to seriously cut down on the business it conducts with companies in the file-sharing space.

Companies, Mega included, now have to obtain pre-approval from the payment processor in order to use its services. The suggestion in the report is that large “shadowy” sites aren’t able to use PayPal due to its strict acceptance criteria. Mega, however, has a good relationship with PayPal.

“Mega has been accepted by PayPal because we were able to show that we are a legitimate cloud storage site. Mega has a productive and respected relationship with PayPal, demonstrating the validity of Mega’s business,” Gaylard says.

Public apology and retraction – or else

Gaylard says that these are just some of the points that Mega finds unacceptable in the report. The CEO adds that at no point was the company contacted by NetNames or Digital Citizens Alliance for its input.

“It is unacceptable and disappointing that supposedly reputable organizations such as Digital Citizens and NetNames should see fit to attack Mega when it provides the user end to end encryption, security and privacy. They should be promoting efforts to make the Internet a safer and more trusted place. Protecting people’s privacy. That is Mega’s mission,” Gaylard says.

“We are requesting that Digital Citizens Alliance withdraw Mega from that report entirely and issue a public apology. If they do not then we will take further action,” he concludes.

TorrentFreak asked NetNames to comment on Mega’s displeasure and asked the company if it stands by its assertion that Mega is a “shadowy” cyberlocker. We received a response (although not directly to our questions) from David Price, NetNames’ head of piracy analysis.

“The NetNames report into cyberlocker operation is based on information taken from the websites of the thirty cyberlockers used for the research and our own investigation of this area, based on more than a decade of experience producing respected analysis exploring digital piracy and online distribution,” Price said.

That doesn’t sound like a retraction or an apology, so this developing dispute may have a way to go.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.