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Piracy

Filmmakers Request Identities of Reddit Users To Aid Piracy Lawsuit (torrentfreak.com) 41

An anonymous reader writes: Filmmakers have obtained a subpoena to reveal the identities of Redditors who commented on piracy-related topics. The comments can provide relevant evidence in support of a repeat infringer lawsuit against ISP RCN, the companies argue. Reddit disagrees and frames the effort as a fishing expedition that is at odds with the right to anonymous speech.
Piracy

Belarus Legalizes Piracy of Movies, Music and Software of 'Unfriendly' Nations (torrentfreak.com) 198

AmiMoJo writes: Belarusian dictator Alexander Lukashenko has signed a new law that legalizes piracy of movies, music, TV shows and software owned by rightsholders from 'unfriendly countries'. The law also allows goods protected by intellectual property law to be imported from any country without obtaining permission from rightsholders.

Lukashenko's support for Russia's invasion of Ukraine led to new sanctions being imposed by the EU, U.S. and other countries. In common with Russia, Belarus relies on intellectual property owned by foreign rightsholders that are currently unable or unwilling to supply and/or license it. So, to ensure legal access to pirated movies, music, TV shows and software, the government drafted a new law to restrict intellectual property rights.

DRM

Unpaid Taxes Could Destroy Porn Studio Accused of Copyright Trolling (arstechnica.com) 22

Slashdot has covered the legal hijinx of Malibu Media over the years. Now Ars Technica reports that the studio could be destroyed by unpaid taxes: Over the past decade, Malibu Media has emerged as a prominent so-called "copyright troll," suing thousands of "John Does" for allegedly torrenting adult content hosted on the porn studio's website, "X-Art." Whether defendants were guilty or not didn't seem to matter to Malibu, critics claimed, as much as winning as many settlements as possible. As courts became more familiar with Malibu, however, some judges grew suspicious of the studio's litigiousness. As early as 2012, a California judge described these lawsuits as "essentially an extortion scheme," and by 2013, a Wisconsin judge ordered sanctions, agreeing with critics who said that Malibu's tactics were designed to "harass and intimidate" defendants into paying Malibu thousands in settlements.

By 2016, Malibu started losing footing in this arena — and even began fighting with its own lawyer. At that point, file-sharing lawsuits became less commonplace, with critics noting a significant reduction in Malibu's lawsuits over the next few years. Now, TorrentFreak reports that Malibu's litigation machine appears to finally be running out of steam — with its corporate status suspended in California sometime between mid-2020 and early 2021 after failing to pay taxes. Last month, a Texas court said that Malibu has until January 20 to pay what's owed in back taxes and get its corporate status reinstated. If that doesn't happen over the next few weeks, one of Malibu's last lawsuits on the books will be dismissed, potentially marking the end of Malibu's long run of alleged copyright trolling.

Piracy

US Copyright Office Finds 'Deep Disagreement' on Anti-Piracy Measures 63

The U.S. Copyright Office has completed its public consultations on the use of technical measures to identify and protect copyrighted content online. From a report: For many years, U.S. lawmakers have considered options to update the DMCA so it can more effectively deal with today's online copyright issues. Many proposals have come and gone, without resulting in any significant updates. Calls to change current legislation persist, however. Following repeated nudges from Senators Thom Tillis and Patrick Leahy, the Copyright Office launched a consultation on automated tools that online services can use to ensure that pirated content is less easily shared.

The Copyright Office also asked stakeholders whether it's desirable to make certain standard technical measures mandatory for online platforms. Such measures could include upload filters to block pirated content from being reuploaded. This month the Copyright Office presents its conclusions, which are also shared with Senators Tillis and Leahy in two letters. After reviewing thousands of responses and input from stakeholders in plenary sessions, the overall conclusion is one of clear disagreement. Most parties agree that it's impossible to design an error-free takedown process but disagree on what error rate is acceptable when takedowns are automated. Opponents of filtering technology warn that fair use and First Amendment rights are at stake.

Rightsholders did not dispute that but noted that these issues don't play a role when full copies of copyrighted content are shared. When it comes to the implementation of voluntary measures, the Copyright Office doesn't have any concrete suggestions. Instead, it will continue to back existing initiatives, while facilitating dialogue between various stakeholders. "The public comments and the consultations confirmed that there cannot be a one-size-fits-all approach to voluntary technical measures, and that there remains a lack of consensus in this area," the Office writes. "Nevertheless, the consultations served as valuable opportunities for dialogue among stakeholders, which may lead to further voluntary action. The Copyright Office proposed options to continue its role as convener of these conversations in the future."
Crime

UK Govt: Netflix Password Sharing Is Illegal and Potentially Criminal Fraud (torrentfreak.com) 70

An anonymous reader quotes a report from TorrentFreak: The UK Government's Intellectual Property Office published new piracy guidance today, and it contains a small, easily missed detail. People who share their Netflix, Amazon Prime, or Disney+ passwords are violators of copyright law. And it gets worse. The IPO informs TorrentFreak that password sharing could also mean criminal liability for fraud. [...] In a low-key announcement today, the UK Government's Intellectual Property Office announced a new campaign in partnership with Meta, aiming to help people avoid piracy and counterfeit goods online. Other than in the headline, there is zero mention of Meta in the accompanying advice, and almost no advice that hasn't been issued before. But then this appears: "Piracy is a major issue for the entertainment and creative industries. Pasting internet images into your social media, password sharing on streaming services and accessing the latest films, tv series or live sports events through kodi boxes, fire sticks or Apps without paying a subscription all break copyright laws. Not only are you breaking the law but stopping someone earning a living from their hard work."

TorrentFreak immediately contacted the Intellectual Property Office for clarification on the legal side, particularly since password sharing sits under a piracy heading. The IPO's response was uncompromising, to put it mildly. "There are a range of provisions in criminal and civil law which may be applicable in the case of password sharing where the intent is to allow a user to access copyright protected works without payment," the IPO informs TorrentFreak. "These provisions may include breach of contractual terms, fraud or secondary copyright infringement depending on the circumstances." Given that using the "services of a members' club without paying and without being a member" is cited as an example of fraud in the UK, the bar for criminality is set very low, unless the Crown Prosecution Service decides otherwise, of course.

Piracy

Risky Online Behaviour Such as Piracy 'Almost Normalized' Among Young People, Says Study (theguardian.com) 156

Risky and criminal online behaviour is in danger of becoming normalized among a generation of young people across Europe, according to EU-funded research that found one in four 16- to 19-year-olds have trolled someone online and one in three have engaged in digital piracy. From a report: An EU-funded study found evidence of widespread criminal, risky and delinquent behaviour among the 16-19 age group in nine European countries including the UK. A survey of 8,000 young people found that one in four have tracked or trolled someone online, one in eight have engaged in online harassment, one in 10 have engaged in hate speech or hacking, one in five have engaged in sexting and one in three have engaged in digital piracy. It also found that four out of 10 have watched pornography.

Julia Davidson, a co-author of the research and professor of criminology at the University of East London (UEL), said risky and criminal online behaviour was becoming almost normalised among a generation of European young people. "The research indicates that a large proportion of young people in the EU are engaging in some form of cybercrime, to such an extent that the conduct of low-level crimes online and online risk-taking has become almost normalised," she said.

Piracy

Torrent Site User Who Transferred 120TB of Pirated Content Avoids Prison (torrentfreak.com) 45

A torrent site user accused of downloading and uploading at least 120TB of movies, TV shows, eBooks, music and software, has avoided an immediate prison term. The 28-year-old was arrested as part of a police operation against DanishBytes. A member of the same site was sentenced earlier this month after he uploaded Netflix content obtained using hacked credentials. TorrentFreak reports: Early November 2021, Denmark's Public Prosecutor for Special Economic and International Crime (SOIK) announced that six people had been arrested following criminal referrals by Rights Alliance. All were members and/or operators of ShareUniversity and DanishBytes. Prosecution of site operators is not uncommon but when it's deemed in the public interest, pirate site users can also face charges. Every case is unique so criteria differ, especially across national borders, but when evidence shows large volumes of infringement, successful prosecutions become more likely. That was the case when a former DanishBytes user was sentenced last week. According to Danish anti-piracy group Rights Alliance, the 28-year-old man was a regular site member and wasn't involved in running the site. That being said, evidence showed that for the period January 2021 to November 2021, he downloaded and/or uploaded no less than 3,000 copyrighted works, including movies, TV shows, music, books, audiobooks and comics.

Information released by the National Unit for Special Crimes (NSK), a Danish police unit focused on cybercrime, organized crime, and related financial crime, reveals that the user's traffic statistics interested prosecutors. "During the period, the man downloaded no less than 100 TB and uploaded no less than 20 TB of copyrighted material," NSK says. BitTorrent trackers operating a ratio model usually insist on a better ratio of downloads to uploads but DanishBytes' situation was out of the ordinary.

The site launched in January 2021 in the wake of other sites being shut down, so had to get going from a standing start with no users. Even when arrests were being made, the site still had a relatively small userbase, which can limit opportunities to upload more. That may have been a blessing in disguise. Faced with the evidence, the man decided to plead guilty and was sentenced last week at the Court in Vibourg. In common with similar prosecutions recently, he received a suspended conditional sentence of 60 days' probation, 80 hours of community service, and confiscation of his computer equipment. The case against the DanishBytes user began with a Rights Alliance investigation and a referral to the police. As part of his sentence, the man must pay the anti-piracy group DKK 5,000 (US$600) in compensation but Rights Alliance director Maria Fredenslund is focused on the deterrent effect of another successful prosecution.

AI

Lawsuit Takes Aim at the Way AI Is Built (nytimes.com) 83

A programmer is suing Microsoft, GitHub and OpenAI over artificial intelligence technology that generates its own computer code. From a report: In late June, Microsoft released a new kind of artificial intelligence technology that could generate its own computer code. Called Copilot, the tool was designed to speed the work of professional programmers. As they typed away on their laptops, it would suggest ready-made blocks of computer code they could instantly add to their own. Many programmers loved the new tool or were at least intrigued by it. But Matthew Butterick, a programmer, designer, writer and lawyer in Los Angeles, was not one of them. This month, he and a team of other lawyers filed a lawsuit that is seeking class-action status against Microsoft and the other high-profile companies that designed and deployed Copilot.

Like many cutting-edge A.I. technologies, Copilot developed its skills by analyzing vast amounts of data. In this case, it relied on billions of lines of computer code posted to the internet. Mr. Butterick, 52, equates this process to piracy, because the system does not acknowledge its debt to existing work. His lawsuit claims that Microsoft and its collaborators violated the legal rights of millions of programmers who spent years writing the original code. The suit is believed to be the first legal attack on a design technique called "A.I. training," which is a way of building artificial intelligence that is poised to remake the tech industry. In recent years, many artists, writers, pundits and privacy activists have complained that companies are training their A.I. systems using data that does not belong to them.

The lawsuit has echoes in the last few decades of the technology industry. In the 1990s and into the 2000s, Microsoft fought the rise of open source software, seeing it as an existential threat to the future of the company's business. As the importance of open source grew, Microsoft embraced it and even acquired GitHub, a home to open source programmers and a place where they built and stored their code. Nearly every new generation of technology -- even online search engines -- has faced similar legal challenges. Often, "there is no statute or case law that covers it," said Bradley J. Hulbert, an intellectual property lawyer who specializes in this increasingly important area of the law.

Piracy

US Navy Forced To Pay Software Company For Piracy 87

The U.S. Navy was found guilty of piracy and is ordered to pay a software company $154,400 for a lawsuit filed back in 2016. Gizmodo reports: The company, Bitmanagement Software GmbH, filed a complaint against the Navy, accusing the military branch of copyright infringement. GmbH claimed they had issued 38 copies of their 3D virtual reality software, BS Contact Geo, but while they were still in negotiations for additional licenses, the Navy installed the software onto at least 558,466 machines between 2013 and 2015. In the court filing (PDF), GmbH claimed, "Without Bitmanagement's advance knowledge or consent, the Navy installed BS Contact Go onto hundreds of thousands of computers. Bitmanagement did not license or otherwise authorize these uses of its software, and the Navy has never compensated Bitmanagement for these uses of Bitmanagement's software."

The company sued the Navy for nearly $600 million for "willful copyright infringement" of the software which, according to the vendor's website, is a 3D viewer that "enables you to visualize and interact with state of the art 2D/3D content," and is based on digital data captured from "various sources (land surveys, CAD, satellite imagery, airborne laser scanning, etc)." The court filings stated that after GmbH filed the lawsuit in July 2016, the Navy uninstalled the BS Contact Geo software from all of its computers and "subsequently reinstalled the software on 34 seats, for inventory purposes." GmbH wrote in the court filing, "The government knew or should have known that it was required to obtain a license for copying Bitmanagement software onto each of the devices that had Bitmanagement software installed. The government nonetheless failed to obtain such licenses."
Nintendo

Nintendo Goes After Fan-Made Custom Steam 'Icons' With DMCA Takedowns (arstechnica.com) 41

An anonymous reader quotes a report from Ars Technica: Nintendo has issued a number of Digital Millennium Copyright Act (DMCA) requests against SteamGridDB (SGDB), a site that hosts custom fan-made icons and images used to represent games on Steam's front-end interface. Since 2015, SGDB's collection has grown to include hundreds of thousands of images representing tens of thousands of titles. That includes custom imagery for many standard Steam games and emulated game ROMs, which can be added to Steam as "external games."

To be clear, SteamGridDB doesn't host the kind of ROM files that have gotten other sites in legal trouble with Nintendo, or even the emulators used to run those games. "We don't support piracy in any way," an SGDB admin (who asked to remain anonymous) told Ars. "The website is just a free repository where people can share options to customize their game launchers." But in a series of DMCA requests viewed by Ars Technica, dated October 27, Nintendo says some of the imagery on SGDB "displays Nintendo's trademarks and other intellectual property (including characters) which is likely to lead to consumer confusion." Thus, dozens of SGDB images have been replaced with a blank image featuring the text "this asset has been removed in response to a DMCA takedown request" (you can see some of the specific images that were removed in this Internet Archive snapshot from April and compare it to how the listing currently looks).

Thus far, Nintendo's DMCA requests focus on imagery for just five Switch games that are listed on SGDB: Pokemon Scarlet & Violet, Splatoon 3, Super Mario Odyssey, The Legend of Zelda: Breath of the Wild, and Xenoblade Chronicles 3. Other Switch games listed on the site (some featuring the same exact characters) are unaffected, as are images for many older Nintendo titles. [...] Even for the Switch games in question, the DMCA requests focused on images that "straight up used sprites and assets from [Nintendo's] IP," according to the SGDB admin. Nintendo's requests so far seem to have ignored "completely original creations" and "pure fan art" even when that art involves drawings of Nintendo's original characters. It's unclear if those kinds of images would fall under a different legal standard in this case. "If an IP holder asks to take down original creations then I'll figure out the best way to handle that when it happens," the admin said. "The site is basically all just fan art, we're open to publishers reaching out and discussing any issues they may have. [The] best way to find a good course of action is to discuss options."

Piracy

Z-Library Responds to US Crackdown, Asks Authors for Forgiveness (torrentfreak.com) 24

Earlier this month, the feds arrested two Russians accused of running Z-Library -- an e-book pirate site that claims to be "the world's largest library." Z-Library's remaining team members have since responded by saying they are determined to keep going, promising to take the complaints of authors seriously and asking for their forgiveness. TorrentFreak reports: After the indictment was unsealed, Z-Library's position became untenable. That led to the publishing of an official response. It confirms that part of the Z-Library team is operational but refrains from commenting on the alleged involvement of the two arrestees. "We refrain commenting on the alleged Anton and Valeria involvement in the Z-Library project and the charges against them. We are very sorry they are arrested [sic]," the announcement reads (Tor link). Z-Library does, however, realize that its site is causing trouble for authors so asks for their forgiveness. "We also regret that some authors have suffered because of Z-Library and ask for their forgiveness. We do our best to respond to all complaints about files hosted in our library if it violates authors' rights." The [response] suggests that Z-Library will do its best to respond to all takedown requests from authors but that doesn't mean the site will cease operating. On the contrary, it is still up and running on the dark web, serving millions of books to registered users.

Z-Library doesn't just respond to rightsholders. In its message, the site also addresses its users, especially those who continue to donate to the site. "We see the resonance recent events caused, we see how many people support and believe in Z-Library. Thank you for your support, it is extremely valuable to us. Thank you for each donation you make. You are the ones who making the existence of the Z-Library possible." Donations may help to keep Z-Library afloat and that is what the site appears to aspire to. Instead of waving the white flag, it is doubling down on its goal to make knowledge freely accessible to people around the world. "We believe the knowledge and cultural heritage of mankind should be accessible to all people around the world, regardless of their wealth, social status, nationality, citizenship, etc. This is the only purpose Z-Library is made for." This message resonates with many Z-Library users, with hundreds sending well wishes and words of support in response to the announcement [...]. The problem for Z-Library is that the U.S. Department of Justice clearly disagrees with these users, and will likely do its best to ensure that the remaining members of the Z-Library team will be also held accountable.

Piracy

Police Tracked Traffic of All National ISPs To Catch Pirate IPTV Users (torrentfreak.com) 68

An anonymous reader quotes a report from TorrentFreak: In May 2022, Italian police claimed that thousands of people had unwittingly subscribed to a pirate IPTV service being monitored by the authorities. When users tried to access illegal streams, a warning message claimed that they had already been tracked. With fines now being received through the mail, police are making some extraordinary claims about how this was made possible. [...] Today's general consensus is that hitting site operators is much more effective but whenever the opportunity appears, undermining user confidence should be part of the strategy. Italian police have been following the same model by shutting down pirate IPTV services (1,2,3) and warning users they're up next.

Letters recently sent to homes in Italy reveal that police were not bluffing. A copy letter obtained by Iilsole24ore identifies the send as the Nucleo Speciale Tutela Privacy e Frodi Tecnologiche, a Guardia di Finanza unit specializing in IT-related crime. It refers to an anti-IPTV police operation in May. The operation targeted around 500 pirate IPTV resources including websites and Telegram channels. At the time, police also reported that 310+ pieces of IPTV infrastructure, including primary and balancing servers distributing illegal streams, were taken offline. Police also claimed that a tracking system made it possible to identify the users of the pirate streams. The letter suggests extraordinary and potentially unprecedented tactics.

The letters state that Italian authorities were able to track the IPTV users by "arranging for the redirection of all Internet service providers' national connections" so that subscribers placed their orders on a police-controlled server configured to record their activity. In comments to Iilsole24ore, Gian Luca Berruti, head of investigations at the Guardia di Finanza, describes the operation as "decisive" in the fight against cybercrime. Currently deployed to Italy's National Cybersecurity Agency, Berruti references "innovative investigative techniques" supported by "new technological tools." Technical details are not being made public, but it's claimed that IPTV users were tracked by "tracing of all connections to pirate sites (IPs) combined, in real-time," and "cross-referencing telematic information with that derived from the payment mechanisms used." The police operation in May was codenamed Operazione:Dottor Pezzotto. A Telegram channel with exactly the same branding suffered a traffic collapse at exactly the same time.
"The letters refer to an administrative copyright infringement fine of just 154 euros or 'in case of recidivism' a total of 1,032 euros," notes the report. "However, if people pay their fines within 60 days, the amounts are reduced to 51 euros and 344 euros respectively."

"Around 1,600 people are believed to have been targeted in this first wave of letters but according to Andrea Duillo, CEO of Sky Italia, this is just the start."
Piracy

Police Dismantle Pirated TV Streaming Network With 500,000 Users (bleepingcomputer.com) 19

The Spanish police have dismantled a network of pirated streaming sites that illegally distributed content from 2,600 TV channels and 23,000 movies and series to roughly 500,000 users. From a report: The law enforcement action took place in a joint operation involving the Spanish police and EUROPOL, resulting in the arrest of four operators in Malaga. Additionally, 95 resellers in Spain, Malta, Portugal, Cyprus, Greece, and the United Kingdom have been identified. The pirated TV network used numerous websites to advertise and promote subscription-based streaming services, listing unlimited access to channels from different platforms. The live streams from these platforms were decoded with stolen or abused accounts and passwords and then re-broadcasted to the subscribers' video player clients. The resellers bought the subscription packages from the organization operators and resold them to thousands of people in their local countries to profit from the price difference.
Books

Feds Arrest Russians Accused of Running the Largest Pirated E-Book Library 73

An anonymous reader quotes a report from Ars Technica: Last month, the alleged masterminds behind Z-Library -- an e-book pirate site that claims to be "the world's largest library" -- were arrested. According to a press release yesterday from the US Department of Justice, Russian nationals Anton Napolsky and Valeriia Ermakova have been charged with "criminal copyright infringement, wire fraud and money laundering for operating Z-Library." "As alleged, the defendants profited illegally off work they stole, often uploading works within mere hours of publication, and in the process victimized authors, publishers, and booksellers," Breon Peace, the United States attorney for the Eastern District of New York, said in a statement.

At the request of the US government, Napolsky and Ermakova were arrested in Argentina on November 3. On the same day, the US government seized "a complex network of approximately 249 interrelated web domains," the press release said. For many less web-savvy users, the domain seizure essentially shut down access to Z-Library's 11 million e-books, but anyone on the dark web knows it's still up and running -- suggesting that while arresting Napolsky and Ermakova has stifled Z-Library, it has not shuttered it, and it could come back. TorrentFreak reported that it's still unknown if the pair has been involved with Z-Library since the start. Michael J. Driscoll, the assistant director in charge at the New York Federal Bureau of Investigation field office, seems to suspect they have. Although the indictment is only focused on the duo's alleged criminal activity between 2018 and 2022, Driscoll said that they are believed to have "operated a website for over a decade whose central purpose was providing stolen intellectual property, in violation of copyright laws."

"Intellectual property theft crimes deprive their victims of both ingenuity and hard-earned revenue," Driscoll said. "The FBI is determined to ensure those willing to steal and profit from the creativity of others are stopped and made to face the consequences in the criminal justice system." If Napolsky and Ermakova are charged, the indictment said that they will be required to "forfeit any property, real or personal, constituting, or derived from, proceeds obtained directly or indirectly as a result of such offenses." TorrentFreak reported that Argentina has not yet received a request from the US to extradite the accused Z-Library operators, but that will be the next step toward shutting down Z-Library.
"Z-Library has linked eager readers to millions of free e-books since 2009, but it wasn't until Z-Library began recently trending on TikTok that authors protesting the piracy decided enough was enough," adds Ars. The TikTok hashtag #zlibrary was viewed 19 million times, which spurred The Authors Guild to complain to the Office of the United States Trade Representative.

"Z-Library is killing us," romance writer Sarina Bowen told officials. "A book we release in the morning is up on Z-Library by lunchtime. This isn't the only site that hurts us, but it's the site that keeps showing up in TikTok videos."
Microsoft

Xbox Transparency Report Reveals Up To 4.78 Million Accounts Were Proactively Suspended In Just Six Months (theverge.com) 10

Microsoft has released its first Digital Transparency Report for the Xbox gaming platform, revealing that the company took proactive action against throwaway accounts that violated its community guidelines 4.78 million times within a six-month period, usually in the form of temporary suspension. The Verge reports: The report, which provides information regarding content moderation and player safety, covers the period between January 1st and June 30th this year. It includes a range of information, including the number of reports submitted by players and breakdowns of various "proactive enforcements" (i.e., temporary account suspensions) taken by the Xbox team. Microsoft says the report forms part of its commitment to online safety. The data reveals that "proactive enforcements" by Microsoft increased almost tenfold since the last reporting period and that 4.33 million of the 4.78 million total enforcements concerned accounts that had been tampered with or used suspiciously outside of the Xbox platform guidelines. These unauthorized accounts can impact players in a variety of ways, from enabling cheating to spreading spam and artificially inflating friend / follower numbers.

A further breakdown of the data reveals 199,000 proactive enforcements taken by Xbox involving adult sexual content, 87,000 for fraud, and 54,000 for harassment or bullying. The report also claims that 100 percent of all actions in the last six-month period relating to account tampering, piracy, and phishing were taken proactively by Xbox rather than via reports made by its player base, which suggests that either fewer issues are being reported by players or the issues themselves are being addressed before players are aware of them. As proactive action has increased, the report also reveals that reports made by players have decreased significantly despite a growing player base, noting a 36 percent decline in player reports compared to the same period in 2021. A total of 33.07 million reports were made by players during the last period, with the vast majority relating to either in-game conduct (such as cheating, teamkilling, or intentionally throwing a match) or communications.

Piracy

Italy's Biggest TV Piracy Network Dismantled (reuters.com) 17

Italy's police said on Friday they had dismantled the country's largest network for online TV piracy, one that accounted for 70% of illegal streaming across the nation. From a report: The network had more than 900,000 users and yielded "millions of euros" in monthly profits, a police statement said. As part of the operation, premises were searched and material seized in more than 20 cities up and down the country, including Rome, Naples and Catania, the statement added. The raids were ordered by prosecutors in Catania, Sicily, who were due to give more details in a press conference later on Friday.
Piracy

Court Upholds Piracy Blocking Order Against Cloudflare's 1.1.1.1 DNS Resolver 101

The Court of Rome has confirmed that Cloudflare must block three torrent sites through its public 1.1.1.1 DNS resolver. The order applies to kickasstorrents.to, limetorrents.pro, and ilcorsaronero.pro, three domains that are already blocked by ISPs in Italy following an order from local regulator AGCOM. TorrentFreak reports: Disappointed by the ruling, Cloudflare filed an appeal at the Court of Milan. The internet infrastructure company doesn't object to blocking requests that target its customers' websites but believes that interfering with its DNS resolver is problematic, as those measures are not easy to restrict geographically. "Because such a block would apply globally to all users of the resolver, regardless of where they are located, it would affect end users outside of the blocking government's jurisdiction," Cloudflare recently said. "We therefore evaluate any government requests or court orders to block content through a globally available public recursive resolver as requests or orders to block content globally." At the court of appeal, Cloudflare argued that DNS blocking is an ineffective measure that can be easily bypassed, with a VPN for example. In addition, it contested that it is subject to the jurisdiction of an Italian court.

Cloudflare's defenses failed to gain traction in court and its appeal was dismissed. DNS blocking may not be a perfect solution, but that doesn't mean that Cloudflare can't be compelled to intervene. [...] Cloudflare believes that these types of orders set a dangerous precedent. The company previously said that it hadn't actually blocked content through the 1.1.1.1 Public DNS Resolver. Instead, it implemented an "alternative remedy" to comply with the Italian court order.
Books

Domains for Z-Library eBook Site Apparently Seized By US Department of Justice (bleepingcomputer.com) 63

"THIS WEBSITE HAS BEEN SEIZED," declares the home page of three different domains, attributing the seizure to the America's Federal Bureau of Investigation "in accordance with a warrant."

Bleeping Computer reports the domains were seized early Friday morning — and that the domains belong to the popular Z-Library online eBook repository. Z-Library is ranked in the top 10k most visited websites on the Internet, offering over 11 million books and 84 million articles for free via its website....

WHOIS information initially showed that the U.S. government seized the domains and switched their DNS servers to NS1.SEIZEDSERVERS.COM and NS2.SEIZEDSERVERS.COM, two DNS servers commonly used by the U.S and law enforcement in domain seizures. However, since then, the DNS servers for these domains have been switched to Njalla, an anonymizing hosting provider. It is unclear how Z-Library could transfer the domains to the new hosting provider....

While the court order for the seizure is unavailable at this time, the site's domains were likely seized because many of the files were uploaded without the license of the original authors. Complaints to copyright protection offices in the past have resulted in legal actions forcing the platform's registrar to seize the Z-Library domains in 2015 and further domain blockages and DMCA notices in the U.S. and France in 2021. The USTR (United States Trade Representative) has recently launched an investigation on the platform... As reported by TorrentFreak last week, TikTok decided to block hashtags related to Z-Library, reportedly responding to copyright holder's complaints.

Thanks to Slashdot reader joshuark for suggesting the story.
Programming

Microsoft's GitHub Copilot Sued Over 'Software Piracy on an Unprecedented Scale' (itpro.co.uk) 97

"Microsoft's GitHub Copilot is being sued in a class action lawsuit that claims the AI product is committing software piracy on an unprecedented scale," reports IT Pro.

Programmer/designer Matthew Butterick filed the case Thursday in San Francisco, saying it was on behalf of millions of GitHub users potentially affected by the $10-a-month Copilot service: The lawsuit seeks to challenge the legality of GitHub Copilot, as well as OpenAI Codex which powers the AI tool, and has been filed against GitHub, its owner Microsoft, and OpenAI.... "By training their AI systems on public GitHub repositories (though based on their public statements, possibly much more), we contend that the defendants have violated the legal rights of a vast number of creators who posted code or other work under certain open-source licences on GitHub," said Butterick.

These licences include a set of 11 popular open source licences that all require attribution of the author's name and copyright. This includes the MIT licence, the GNU General Public Licence, and the Apache licence. The case claimed that Copilot violates and removes these licences offered by thousands, possibly millions, of software developers, and is therefore committing software piracy on an unprecedented scale.

Copilot, which is entirely run on Microsoft Azure, often simply reproduces code that can be traced back to open-source repositories or licensees, according to the lawsuit. The code never contains attributions to the underlying authors, which is in violation of the licences. "It is not fair, permitted, or justified. On the contrary, Copilot's goal is to replace a huge swath of open source by taking it and keeping it inside a GitHub-controlled paywall...." Moreover, the case stated that the defendants have also violated GitHub's own terms of service and privacy policies, the DMCA code 1202 which forbids the removal of copyright-management information, and the California Consumer Privacy Act.

The lawsuit also accuses GitHub of monetizing code from open source programmers, "despite GitHub's pledge never to do so."

And Butterick argued to IT Pro that "AI systems are not exempt from the law... If companies like Microsoft, GitHub, and OpenAI choose to disregard the law, they should not expect that we the public will sit still." Butterick believes AI can only elevate humanity if it's "fair and ethical for everyone. If it's not... it will just become another way for the privileged few to profit from the work of the many."

Reached for comment, GitHub pointed IT Pro to their announcement Monday that next year, suggested code fragments will come with the ability to identify when it matches other publicly-available code — or code that it's similar to.

The article adds that this lawsuit "comes at a time when Microsoft is looking at developing Copilot technology for use in similar programmes for other job categories, like office work, cyber security, or video game design, according to a Bloomberg report."
Government

Hollywood and Netflix Report Top Piracy Threats To US Government (torrentfreak.com) 103

An anonymous reader quotes a report from TorrentFreak: The Motion Picture Association (MPA) has sent its latest overview of notorious piracy markets to the US Government. The Hollywood group, which also represents Netflix, lists a broad variety of online piracy threats. Aside from traditional pirate sites, it also includes domain registries, hosting providers, advertisers, and apps. [...] The MPA report typically provides a detailed overview of the piracy landscape. This year, the USTR further asked rightsholders to explain how piracy impacts US workers. According to the movie industry group, the effect is significant. "In 2020, there were an estimated 137.2 billion visits to film and TV piracy sites globally, which cost the U.S. economy at least $29.2 billion in lost revenue each year. Specifically, piracy has been estimated to reduce employment in our industry between 230,000 and 560,000 jobs," MPA writes, citing external research. The MPA notes that piracy is a global problem that requires cooperation from the broader Internet ecosystem. Services that see themselves as neutral intermediaries, operating parts of the core Internet infrastructure, should take responsibility. "All stakeholders in the internet ecosystem -- including hosting providers, DNS providers, cloud services, advertising networks, payment processors, social networks, and search engines -- should actively seek to reduce support for notoriously infringing sites," MPA writes.

The industry group views Cloudflare as part of this group and mentions the US company by name in its submission. "Cloudflare's customers include some of the most notorious, longstanding pirate websites in the world, including the massively popular streaming site cuevana3.me and The Pirate Bay," MPA notes, adding that repeated notices of infringement elicited no action on Cloudflare's part. The notorious markets list is limited to non-US operations, so Cloudflare itself isn't one of the MPA's targets. Various other Internet services are, including several third-party intermediaries. The MPA's list of notorious markets calls out domain name registries, including the Russian .RU registry, and the companies that maintain the records for the .CH, .CC, .IO, .ME and .TO domain names. These continue to keep pirate sites on board, despite numerous complaints. The same is true for the payment provider VoguePay, which is reportedly quite popular among IPTV services. In addition, advertisers such as 1XBET and Propeller Ads are called out as well. The latter company rebutted MPA's accusations last year but that didn't prevent it from being highlighted again.

Hosting companies are also cited as intermediaries that could and should do more. Instead, some find themselves appealing to pirate services with products such as "bulletproof" hosting. Squitter.eu and Amaratu are two such examples, the MPA reports. In addition to third-party intermediaries, there is also a category of services that caters to pirates directly. These "piracy as a service" (PaaS) companies offer tools that allow people to start a pirate site with minimal effort. "PaaS encompasses a suite of often off-the-shelf services that make it easy for would-be pirates without any technical knowledge to create, operate, and monetize a fully functioning pirate operation," MPA writes. [...] Actual pirate sites themselves are also mentioned, including the usual suspects The Pirate Bay, RARBG and YTS. In addition to torrent sites, the MPA also lists direct download hubs, streaming portals and linking sites, including Uptobox.com, Fmovies.to and Egy.best. Various dedicated piracy apps get a mention as well, and the MPA further includes a long list of unauthorized IPTV services. The anti-piracy group says that it has identified more than a thousand pirate IPTV platforms, so the list provided to the USTR is certainly not exhaustive. In fact, the MPA says that all companies, sites, and services are part of a broader piracy problem. Those flagged in the MPA's report are just examples of some of the worst offenders, nothing more.
A list of all sites and services that are highlighted and categorized in MPA's notorious markets submission (PDF) can be found in the article.

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