Most requests are legitimate, aimed at disabling access to copyright-infringing material. However, there are also many overbroad and abusive takedown notices which take up a lot of the company’s time and resources.

Last November, WordPress decided to take a stand against these fraudulent practices. The company teamed up with student journalist Oliver Hotham who had one of his articles censored by a false takedown notice.

Hotham wrote an article about “Straight Pride UK” which included a comment he received from the organization’s press officer Nick Steiner. The latter didn’t like the article Hotham wrote, and after publication Steiner sent WordPress a takedown notice claiming it was infringing on his copyrights.

Through a lawsuit filed in a California federal court, WordPress and Hotham now hope to be compensated for the damage this abuse caused them.

“The information in the press release that Hotham published on his blog did not infringe any copyright because Hotham had permission to publish it. It was a press release, which by its very nature conveys the intent to ‘release’ information to the ‘press’,” WordPress’ attorney explains to the court.

The company says that as an online service provider it faces overwhelming and crippling copyright liability if it fails to take down content. People such as Steiner abuse this weakness to censor critics or competitors, and they have to be stopped.

“Steiner’s fraudulent takedown notice forced WordPress to take down Hotham’s post under threat of losing the protection of the DMCA safe harbor,” WordPress argues.

“Steiner did not do this to protect any legitimate intellectual property interest, but in an attempt to censor Hotham’s lawful expression critical of Straight Pride UK. He forced WordPress to delete perfectly lawful content from its website.As a result, WordPress has suffered damage to its reputation,” the company adds.

Since Steiner failed to respond in court WordPress and Hotham have requested a default judgment. In a recent filing they demand a total of $10,000 in damages as well as $14,520 in attorneys’ fees.

If the court agrees with the request it will be mostly a symbolic win, and hopefully a signal to other copyright holders that false DMCA takedown requests are not without consequence.

During a House Judiciary Subcommittee hearing on the DMCA takedown system earlier this year, Automattic General Counsel Paul Sieminski also stressed the importance of this issue to lawmakers,

“The system works so long as copyright owners use this power in good faith. But too often they don’t, and there should be clear legal consequences for those who choose to abuse the system,” Sieminski said.

In a few weeks we’ll know if the court agrees.

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

Servicing 400 million visitors accessing 13.1 billion pages each month is no mean feat, and with so much user-generated content on-board it’s obvious why the company has a keen interest in the DMCA and the protections it offers service providers.

Speaking today during a House Judiciary Subcommittee hearing on Section 512 of Title 17, Automattic General Counsel Paul Sieminski spoke about his company’s experiences with the notice and takedown provisions of the DMCA. Noting that the process works well overall, Sieminski said that shortcomings in the system negatively affect freedom of expression and adversly impact companies like Automattic.

Sieminski says that significant resources are being diverted away from product development at Automattic in order to deal with overbroad and abusive DMCA takedown notices. On the one hand the company wants to ensure freedom of speech, but balancing that with its legal commitments under the DMCA is not an easy task.

“At Automattic, we’ve seen an increasing amount of abuse of the DMCA’s takedown process. The DMCA’s takedown process provides what can be an easy avenue for censorship: simply send in a DMCA notice claiming copyrights in a piece of content that you don’t agree with. Regardless of whether you own the copyright, the service provider that hosts the content must take it down or risk being out of compliance with the DMCA,” the lawyer explained.

Sieminski went on to detail several cases where the DMCA had been abused to stifle speech, including one elaborate scam in which someone tried to undermine the work of science journalists by copying their work, backdating it, and claiming copyright in order to take down the original content. Although the journalists filed a counter-notice, it took the full 10 days mandated by the DMCA to get it put back online.

Another case involved a UK-based journalist who reported on a freely-given press statement. The source of the press release changed his mind on having it published, claimed copyright, and had the journalist’s work taken down under the DMCA. Concerned about submitting to the jurisdiction of a US court (those submitting a counter-notice are required to reveal their name and address and agree to be sued in federal court), the journalist chose to back down. His report remains censored to this day.

As reported here on TF on many occasions, wrongful DMCA notices are sent on a daily basis, many the product of automated systems that lack the finesse to correctly identify infringement, much less consider fair use situations. Add these notices to the millions already being sent and they often go undetected, taken down by nervous service providers wary of becoming liable for the infringements of others.

According to Automattic, a solution needs to be found.

“The DMCA system gives copyright holders a powerful and easy-to-use weapon: the unilateral right to issue a takedown notice that a website operator (like Automattic) must honor or risk legal liability,” Sieminski explained.

“The system works so long as copyright owners use this power in good faith. But too often they don’t, and there should be clear legal consequences for those who choose to abuse the system. I’d urge the Committee to add such penalties to the DMCA to deter and punish these types of abuses,” the lawyer concludes.

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

Alongside the millions who protest against these increasing censorship initiatives, there’s also a group of people who come up with ways to route around it. One of these projects is the RePress plugin for WordPress.

The plugin is developed by the hosting company Greenhost and allows everyone with a WordPress blog to start a proxy for sites that are censored elsewhere in the world. As an example, Greenhost have setup a Pirate Bay and Wikileaks proxy.

“By adding this plug-in to your WordPress website it will start functioning as a proxy and uncensor any blocked website you’d like,” Greenhost explains. “The only thing you’ll need is a WordPress website and the ability to install new plug-ins. After that you can maintain a list of websites you’d like to keep open freely available on the web.”

One of the main motivations for the plugin’s developers was to provide people in the Netherlands full access to The Pirate Bay when the recent court order is enforced. However, if SOPA or PIPA pass there might also be a need for people in the US to have a tool like this.

“We hope people outside Holland use the plug-in to uncensor piratebay.org, as it is in danger of being blocked in our country after a court-ruling. In the Netherlands we could then uncensor websites for people in oppressive regimes like Iran, Syria or the US after SOPA is passed.”

“[SOPA and PIPA] are said to defend the interests of the Entertainment industry, but will mainly cause grave and undeniable damage to the Open and Free web and all of its users: from the end-consumer to the cutting edge developers and inventors. Our aim is to make this impossible,” the Greenhost team notes.

Although the plugin can’t prevent domain names from being seized, it is indeed a good solution to bypass all of the common blocking measures that are used today.

The RePress initiative is applauded by several politicians, including European Parliament member Marietje Schaake. “This is a fantastic opportunity for human rights activists and a solution for people who face technological censorship and repression,” she told Webwereld.

To those eager to start their own proxy of blocked websites, RePress can be downloaded in the WordPress repository.

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

The levels of work and expertise required to run a large torrent site shouldn’t be underestimated of course, but there are also hundreds of hobbyists out there who have the desire to set up a small torrent site of their own. WP-Trader is aimed at the latter, and it has a wide range of features that support the needs of every self-aspiring torrent site admin.

WP-Trader developer Andrew Walker told TorrentFreak that he saw the need for an ultra-simple torrent script through his half-decade long involvement in the forums of the popular Torrent Trader script.

“All of the torrent tracker source codes out there are unique or good in their own ways, but I saw a lack in one click install and setup for torrent sites since only a couple of sources offer that function. On a daily basis I saw people coming into the forums having problems with install and setup of their sites,” Walker told TorrentFreak.

“I do have a strong belief that if you do not know how to install or mod your own torrent site then you should not be running a torrent site but something like WP-Trader can benefit artists who have little to no knowledge about how to set up a site,” Walker adds.

So the idea for WP-Trader was born, and little over a month ago the first version was released via the WordPress plugin repository. Since then, Walker and his co-developer Lee Howarth have added new updates every week, and they’re dedicated to improving it further during the coming months.

“At the moment the plugin is still in beta and does lack a lot of features but new things are being added weekly. The plugin was built around Torrent Trader V2.07 and some things you see in Torrent Trader will stay, we were are trying to use a lot of the built-in functions of WordPress,” Walker adds.

The current release already comes with a wide range of options and a fully functioning tracker. Users can choose to make all uploads public and allow external trackers for example, but it’s also possible to run a completely private tracker with ratio requirements and wait times for lower user classes.

In addition, WP-Trader comes with several widgets, to show off the latest uploads and most active torrents for example. The full list of features is too long to list here, but you can get a glimpse of the options below.

While WP-Trader already has all the features a basic torrent site needs, there is still a lot of work to be done. Aside from ironing out the bugs and implementing new features such as support for anonymous uploads, the developers will also work on a more seamless integration with WordPress.

“We plan on fully integrating it as closely as possible with WordPress because WordPress has plenty of features or plugins to handle certain things which we feel that should not be added to the plugin,” Walker says.

The WP-Trader team hopes that a lot of people will take the plugin for a spin, and provide feedback where needed. WP-Trader is available for download in the official WordPress repository, which also hosts a FAQ section and some pointers on how to get a torrent site up and running in no time.

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

The Pirate Bay is known for defending people’s right to freedom of speech on the Internet, and this is exactly what motivated them to start this new blogging service.

Brokep, one of the co-founders of the site, told TorrentFreak that the idea to start a blogging service came up when the weblog of one of his friends was taken down from WordPress recently, for linking to copyrighted material.

This, of course, goes against the “uncensored web” philosophy of The Pirate Bay team, and they didn’t hesitate to start their own blogging service, Baywords, using WordPress as their blogging engine.

On the frontpage of the newly launched service Brokep writes: “Many blogs are being shut down for uncomfortable thoughts and ideas. We will not do that. Our goal is to protect freedom of speech and your thoughts. As long as you don’t break any Swedish laws in your blog, we will defend it”.

In a response, Matt Mullenweg from WordPress told TorrentFreak that he supports Pirate Bay’s Baywords, but he assured us that WordPress.com would never take down a blog for posting deviating thoughts or ideas.

“WordPress.com supports free speech and doesn’t shut people down for “uncomfortable thoughts and ideas”, in fact we’re blocked in several countries because of that. However as a US-based companies we must comply with US laws, which means if the primary purpose of a blog is distributing illegal material it’s not a good fit for WordPress.com,” Matt said.

Baywords is currently working on expanding the feature list to include support for domain redirects and improved stats. The service is ad-free for now, but Brokep told TorrentFreak that there will be ads blended into the blog design later, to cover the expenses.

This is not the first time The Pirate Bay has launched a service where people can publish whatever they want, without being censored. They have already created an image hosting service for this reason, and a YouTube competitor is soon to follow.

For people who are considering moving their WordPress or Blogger account over to Baywords, importing is pretty straightforward and compatible with all the popular blog platforms. Don’t forget to add TorrentFreak to your blogroll!

Update: Matt Mullenweg’s response was added to the article after publication.

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