That action was forced by Dutch anti-piracy group BREIN who are making more than their fair share of headlines recently, and who are about to make even more. While successfully demanding that Mininova remove links to infringing content, BREIN have never really made inroads into getting the actual infringing content removed from the Internet – but all that could be about to change.

In a fairly bold move even by their standards, the anti-piracy group headed up by Tim Kuik has initiated legal action to force a Usenet service provider, much like Giganews or Newshosting, to start proactively filtering content from the worldwide newsgroup system.

The small seven-employee Usenet company News-Service.com is being sued by BREIN on claims that it facilitates copyright infringement and is demanding that the company ceases to offer copyright material or face fines of 50,000 euros per day.

Technical director of News-Service.com Patrick Schreurs strongly refutes BREIN’s claims and says that his company only provides access to Usenet and maintains that it is a mere conduit of information.

“BREIN’s move is comparable to suing a postal service for shipping illicit goods,” he said.

Schreurs’ assertion that trying to check up to 20 million daily Usenet messages is an impossibility raises a very real concern. If a legal requirement to filter perfectly, as was the case with Mininova, is implemented against News-Service (on pain of 50,000 euros per day in fines) the company could not carry this burden for long. If BREIN gets their way, Schreurs says the company will have to stop providing Usenet access.

News-Service already operates a Notice-and-Takedown system but, as was the case with Mininova, BREIN is not satisfied with its scope or performance.

“We were under the assumption that with this procedure we met the wishes of BREIN and that we would work on a solution together,” said Schreurs. “We regret the fact that BREIN has chosen a different course with this [legal] action.”

The case, the first of its type against a Usenet provider in The Netherlands, was heard on April 19th and the judge is expected to announce his decision early next month.

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

On 19 December 2006, performing rights group GEMA, which handles the copyrights of more than 1 million rightsholders worldwide, filed for an injunction against UseNeXT. GEMA had earlier leveled accusations at UseNeXT’s advertising in which it said, among other things, the company claimed to offer 1 million MP3s through its service.

“[UseNeXT] advertised its fee-based access with unambiguous references to illegal exchange platforms. In particular it publicized the anonymity, speed and security of access to contents available on Usenet,” GEMA said in a statement, adding: “On top of that, the service also offers special, perfected search software that makes it easier to locate and manage musical works and other contents protected by copyright.”

On 18 January 2007, the Hamburg District Court issued a preliminary injunction against UseNeXT’s operators, which included instructions for it to change the way in which it advertised its product and barring it from providing musical works from GEMA’s repertoire. UseNeXT objected to the decision and disputed that it had ever encouraged subscribers to download copyright works, arguing that its use of the terms ‘unfiltered’ and ‘anonymous’ related to features inherent in the Usenet system.

On 17 February 2010, the Hamburg District Court handed down a preliminary injunction against UseNeXT which bars the service from offering a sample 100 musical works to which GEMA administers the copyright. The injunction also states that UseNeXT must go further than simply modifying its advertising in order to protect GEMA’s copyrights.

Although not necessarily liable for infringements, the Court said that Usenet providers would have to take responsibility for the services and environments they provide.

In a statement, GEMA said that the Court of Hamburg’s decision represents expanded liabilities for Usenet providers which go further than regulating their approach to advertising, but also apply when modified advertising proves insufficient to protect rights holders.

“The adoption of the preliminary injunction is a success in our commitment to the protection of copyright,” said Dr. Harald Heker, Chief Executive Officer of GEMA. “Second, the ruling also represents a further important step towards a comprehensive responsibility of the Usenet service operator for its offer.”

At this stage it’s unclear how UseNeXT will choose to comply with the injunction. Unlike services such as Rapidshare that operate their own servers and actually store content, UseNeXT are a reseller of the Highwinds Usenet service. UseNeXT does not store any content, Highwinds do.

UseNeXT used to offer a search engine and software interface to access Usenet, so conceivably something could’ve been implemented there to bar access to the GEMA titles mentioned in the injunction. However, recent changes to their service means they are no longer offering those solutions but suggesting the use of 3rd party software, with one particular solution from Tangysoft up front.

Nevertheless, the Court said that UseNeXT is responsible for the service it’s re-selling so the company will have to find an answer somehow. Many Usenet providers are already working with rights holders to automate the removal of content, so solutions are available. How quickly and comprehensively UseNeXT acts will remain to be seen.

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

Like most things, however, Usenet has its drawbacks. The main problem lies with its complexity – the learning curve can be a little steep – but with amazing little things called .NZB files, downloading is made almost as easy as BitTorrent. NZB files contain meta-data and without splitting too many hairs, they function in a very similar way to .torrent files. Download an NZB, load it into a news client such as Grabit and very quickly the download is complete.

Newzbin is one of the original Usenet indexing sites and the creator of the NZB“>.NZB format, which opened Usenet downloading to the masses. In May 2008 it received a threatening letter from the Motion Picture Association (MPA). In the letter, the MPA claimed that some of Newzbin’s editors were listing NZBs which linked to movies on Usenet which infringed their member’s copyright.

In October 2008, ‘Caesium’, the owner of Newzbin made an announcement. “Newzbin has recently received two serious complaints regarding the indexing we perform, and raising doubts as to its legality. It is likely that we will in the coming weeks be presented with a court case and have to defend our rights.”

Noting that Newzbin would defend itself vigorously against the complainants, Caesium said he believed that linking to content on Usenet is entirely legal and that the site’s procedures for dealing with unlawful content is appropriate. “We believe that, or we wouldn’t still be here,” he added.

At the start of December 2008, Newzbin confirmed that it had indeed been removing NZB files that link to infringing movies on Usenet. However, this wasn’t enough for the MPA, who filed an injunction against Newzbin.

Now, four months later, the site is still operating as normal but has received more details about its upcoming battle with the movie companies.

“The latest we’ve heard is that there will be an interim hearing (to hash out administrative details) sometime in the next couple of months, and the case itself will be heard in court sometime between November 2009 and January 2010,” said Caesium in an announcement.

It is far from clear how the legal system will view the operations at Newzbin – no other site of its type has ever appeared in court in the UK, or elsewhere in the world. Newzbin has already been considering that in order to be completely sure of staying within the law it may have to automate its operations and remove human intervention in the creation of its NZB files.

While Newzbin has never, ever hosted any copyright infringing material, previously another newsgroup-related company Usenet.com was sued by the RIAA for actually hosting illicit content. Usenet.com was also criticized over its advertising, which is alleged to encourage piracy.

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

Tim Kuik, managing director of BREIN – the Dutch branch of the MPAA – told the Dutch news site Webwereld that the increased attention from computer magazines over the past year lowered the nerd-factor of the Usenet. Because of this it’s now become one of the main targets of anti-piracy outfits.

Kuik further said that BREIN made a blacklist of Usenet providers who structurally infringe copyright. Their plan is to urge these providers to stop their services and compensate the content owners for their losses. Some might argue that Kuik’s words are yet another loose threat to make it seem like no pirate is safe, but there is some truth in his statements.

TorrentFreak talked to an insider, who works closely with anti-piracy organizations like the MPAA and RIAA, and he also noticed that the Usenet has been getting more attention lately. “BitTorrent is still enemy number one, but there is a significant growth in Usenet monitoring”, he said. Some Usenet providers now use BitTorrent sites to advertise their services and according to our source, this is another big reason why it caught the attention of anti-piracy outfits.

The people in charge at most anti-piracy organizations hardly know how to write an e-mail, if it’s not in the media, it’s not a target. If only people kept to rule number one this probably would have never happened.

The Usenet providers are not impressed by BREIN’s strong words though. Remco Habets from Usenet provider Usenet4u said in a response: “BREIN often makes statement that lead to nothing. One and a half year ago they also said that they were going to take on newsgroups, we’ll see”

To be continued…

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