Operating a pirate IPTV service can be a dangerous endeavor, no matter where one’s located. In the United States, home to Hollywood and other major entertainment outfits, the risks are arguably even higher.

In the past, we have seen several pirate IPTV businesses being taken to court , with rightsholders almost always on the winning side. These cases can result in million-dollar damages awards or even multi-year prison sentences , if the feds get involved.

Despite this backdrop, some people are still willing to take a gamble. According to a new lawsuit filed at a Texan federal court, Dallas resident William Freemon and his company Freemon Technology Industries, are a prime example.

Hollywood Lawsuit Against IPTV Operator

The complaint, filed by Hollywood majors including Disney and Warner Bros, as well as streaming giants Amazon and Netflix, accuses the defendant of widespread copyright infringement.

This alleged illegal activity involves selling presumed pirate IPTV subscriptions through domains such as instantiptv.net, streamingtvnow.com,streamingtvnow.net, tvnitro.net, cashappiptv.com, livetvresellers.com, stncloud.ltd, and stnlive.ltd, some of which remain online today.

“Freemon operates an extensive and commercially scaled network of illegal streaming services that offers unauthorized access to live channels and video-on-demand streams of Plaintiffs’ copyrighted movies and TV shows,” the complaint reads.

The defendant is a familiar name for the entertainment companies, who have followed his actions for years.

“Freemon has a long history of brazen disregard for copyright laws, and his early foray into internet piracy is the first link in the chain leading to his current web of illegal services,” they write.

“Beginning in 2016 and continuing through 2019, Freemon sold illegally modified Fire TV Stick devices. These devices connect to a regular TV and allow customers to access unauthorized content.”

Firesticks Lead to IPTV

The ‘loaded’ Firestick business was promoted on X and Facebook and the complaint includes two dated screenshots from this activity. At the time, these devices were sold through firesticksloaded.com and firesticksloaded.biz, and Freemon was listed as the registrant for the latter domain.

These sites are long gone now but they offered a fruitful lead to other, potentially illegal, activities. The Firesticks domains were hosted on the same IP address as several other domain names and ultimately formed a trail to the controversial IPTV operations.

Those IPTV services include ‘Streaming TV Now’, ‘Instant IPTV’, ‘Cash App IPTV’, and ‘TV Nitro’. Some of these were subsequently advertised through the YouTube channel @williamfreemon3378, which the plaintiffs believe belongs to the defendant.

The YouTube videos are no longer online today as they were taken down following complaints from rightsholders, but they’re used as additional evidence to support the current lawsuit.

“These YouTube videos —and their subsequent removal— nonetheless provide further evidence that Freemon is behind this web of services and that he knows he is committing infringement,” the complaint reads.

TV Nitro and Other IPTV Endeavors

According to the plaintiffs, ‘TV Nitro’ was the first IPTV service that Freemon was linked to. This service originally operated as ‘Nitro TV’ between 2019 and 2021. After subsequently going offline for two years, it recently reappeared.

‘Streaming TV Now’ is the most popular IPTV service according to the complaint. It first appeared online in 2020 and offers access to 11,000 live channels, as well as on-demand access to over 27,000 movies and 9,000 TV series.

“Freemon offers customer subscription packages for Streaming TV Now at prices ranging from $20 per month to $150 per year—depending on the package and billing cycle selected. The money goes to Freemon.”

In addition to offering IPTV packages to the public, the defendant is also accused of recruiting resellers through livetvresellers.com, presumably to expand the reach of his IPTV business.

Warning Leads to Lawsuit

Before taking the matter to court, Amazon, Netflix, and the Hollywood studios sent a letter to the defendant, asking him to stop all infringing activities. However, that didn’t yield the desired response. Instead of taking action, the defendant said he no longer controls the domains.

“Freemon was not cooperative. He did not take down the Infringing Services and instead offered unsubstantiated claims that he transferred the associated domains,” the complaint reads.

“Plaintiffs spent months negotiating with Freemon. Based on the lack of substantial change to the Infringing Services in the intervening times, including that the respective main domains are still hosted with the same hosting provider [Amarutu], Freemon is likely still controlling the Infringing Domains.

“Freemon’s evasiveness is particularly concerning in light of his long history of willful infringement,” the plaintiffs add.

The rightsholders allege that the defendant is liable for copyright infringement, either directly or indirectly. They therefore request a jury trial and appropriate damages.

With 125 movies and TV shows listed in the complaint, maximum statutory damages can be as high as $18 million. The figure could increase further still, as the plaintiffs reserve the right to add more titles.

For now, however, the priority seems to be to end the infringing activity. To that end, Amazon and the other plaintiffs request injunctive relief, including the handover of all infringing domain names and the destruction of all ‘pirate’ hardware.

—

A copy of the complaint, filed yesterday at the District Court for the Northern District of Texas, Dallas, is available here (pdf)

From: TF , for the latest news on copyright battles, piracy and more.

After more than two years of incalculable losses following Russia’s full-blown invasion in 2022, Ukraine continues to defy the odds as it fights for the right to exist as an independent state.

With no obvious end in sight and politics in the United States undermining offensive capability, Ukrainian gains are being reversed in several front line regions, a situation predicted to further deteriorate later this year.

Yet for a country being consumed by war, Ukraine is still taking time to plan for a future in the EU. In that respect, matters related to intellectual property require the closest attention.

Ukraine Pushes Ahead With Copyright Reforms

After progress was reported in 2023 , Ukraine’s Ministry of Economy issued an order dated February 1, 2024, titled: “On Approval of the Procedure for Formation and Maintenance of the National List of Websites Raising Concerns Regarding the Observance of Intellectual Property Rights.”

On March 11, 2024, the Ministry of Justice registered order 357/41702 and on March 21, 2024, it was adopted by the Ministry of Economy.

Order (translated)

This will see Ukraine become a full participant in the World Intellectual Property Organization’s WIPO ALERT program , which operates around a centrally-maintained database of piracy platforms nominated by rightsholders in participating countries.

Ukraine Sees Future in Europe, WIPO Invests in Russia

Sites and services listed on WIPO ALERT should in theory find it much more difficult to fund their activities through advertising revenue. Ukraine views its participation in the program as a positive step in its bid for closer ties with the EU.

“Despite the challenges of a full-scale war, we are making every effort to protect copyright and related rights on the Internet for Ukrainian and foreign intellectual property rights holders,” says Yuliia Svyrydenko, First Deputy Prime Minister of Ukraine and Minister of Economy.

“Ukraine has become one of the first countries in the world to comprehensively implement a relevant mechanism based on a secure online platform where authorized member states of the World Intellectual Property Organization can upload information about websites and applications that infringe copyright from the point of view of national norms. This is also a confident step towards Ukraine’s European integration.”

Yet despite its invasion of Ukraine and threats to Western intellectual property, WIPO continues to operate an office in Moscow and provide funding for projects in Russia.

That drew a fiery response from Ukraine last summer, which criticized the allocation of significant funds to a country “which blatantly violates WIPO principles and its statutory obligations” and does not “deserve the privilege to host a WIPO Office.”

Ukraine is the 15th country to join the WIPO ALERT program, following recent additions Uzbekistan and the Philippines. Currently just seven countries allow searching of their databases . They include Italy, Russia, Spain, Peru, Ecuador, Lithuania and Greece.

From: TF , for the latest news on copyright battles, piracy and more.

Z-Library is one of the largest shadow libraries on the Internet, hosting millions of books and articles that can be downloaded for free.

The site defied all odds over the past two years. It continued to operate despite a full-fledged criminal prosecution by the United States, which resulted in the arrest of two alleged operators in Argentina.

According to the latest available information, these two defendants are still fighting their extradition. Meanwhile, the Z-Library site has continued to operate as if nothing ever happened, serving books to millions of people all over the world.

Z-Library Fundraising

A few days ago, the shadow library announced a new fundraising campaign to generate revenue. While users can buy premium access all year round to obtain access to additional features and downloads, Z-Library regularly hosts additional donation drives to fund project maintenance and development.

“Although the last 2 years have been challenging for the project and the team, we are not giving up and are continuing to work on the development of the library,” the team writes, asking users to contribute.

As last time, thousands of dollars are quickly pouring in from all over the world. Despite the legal challenges and the ongoing criminal investigation, many people seem happy to chip-in through various payment options, including cryptocurrencies.

This type of generosity from users is rarely seen on ‘pirate’ sites. While the shadow library’s operators are undoubtedly happy with the support, popularity also comes with a major downside; scammers.

Soon after Z-Library lost its main domain names following U.S.-orchestrated seizures, outsiders stepped in to hijack the traffic. The site has repeatedly warned against these “fraudulent” and “unsafe” copycats but the problem never went away. On the contrary, it’s getting worse.

Email Scams

Over the past several weeks, there have been dozens of reports from Z-Library users who received emails, purported to be from the Z-Library team, alerting them to a new domain name. One of the early versions included the following message :

“It is with a heavy heart yet hopeful spirit that we reach out to you. We’re entering a period of significant change at Z-Library.

As an integral part of our community we believe it’s important you’re among the first to learn of our transition to a new domain: z-lib.id. This change, though challenging, paves the way for an enhanced, more robust Z-Library experience.

Your steadfast support has been a beacon during our journey. As we navigate these new waters, your continued presence and advocacy are more important than ever. We hope you’ll join us in embracing this change and help in sharing our new address, z-lib.id, within your circles.”

These emails were received by actual Z-Library users but the domain being promoted has nothing to do with the original Z-Library project. On the contrary, it appears to be linked to a popular copycat site that’s been around for a while.

In recent weeks these ‘scammy’ emails have continued, but the messaging has changed somewhat. An email sent to many people this month is more to the point, urging people to visit and bookmark the new domain.

“Good news! Z-Library has a new web address: z-lib.id. You can simply type “z-lib.id” in Google or put it in your browser to visit us. We appreciate your support.”

Needless to say, these emails are not being sent by the Z-Library team but by scammers attempting to drive traffic to their site. There’s a clear profit motive, as “premium” access is currently required to download anything.

‘Not Compromised’

Of course, it’s no surprise that outsiders are trying to profit from the popularity of an existing piracy brand. We have seen variations of this theme for several decades. However, the email campaigns are rather novel.

At this point, it’s not clear how the scammers obtained the emails. In an email to TorrentFreak, the real Z-Library team acknowledges the scam problems but says that there’s no sign that their systems were compromised in any way.

“Unfortunately, the situation with fraudulent mailings is getting worse. Since our domains were blocked in November 2022, there have been at least a few independent scam sites posing as z-library. They use our name, design, and highly similar domain names.

“[W]e are confident that there have been no incidents of user data leakage. However, we strongly recommend that you change the password for your account,” a Z-Library spokesperson writes.

The team suggests that recipients of the scam emails may have tried to sign into one of the scam sites in the past. That would have exposed their email address and password to these people, which is why Z-Library believes it’s important to update this information.

Scam Connection

It’s not clear who is behind these misleading email campaigns, but there are some interesting patterns to observe. The .id domain name promoted in the emails uses the same Cloudflare nameservers as z-lib.is did in the past.

The identical nameservers are not solid proof, however, as there are thousands of sites using the same ones. However, there’s an additional traffic pattern that links the two domains as well.

As seen above, traffic to the .is domain tanked in February, around the time when the emails started coming in, while traffic to the new .id domain surged. This suggests a link between the two domains. Perhaps the scammers somehow lost control over their old domain, triggering them to launch the email campaign.

Seizures and other Troubles

Whatever the reason, the official Z-Library team continues to caution users to be on the lookout for copycats, including via an updated warning banner that mentions the new domain name.

The Z-Library team believes that scammers and copycats are regularly DDoSing its servers too. At the same time, they have tried to add their links to the official Wikipedia page and hijack the top positions in search engines.

Of course, scammers are only part of the challenge. The U.S. Government has also repeatedly seized the site’s domain names, which creates an opportunity for copycats to increase their traffic. The latest seizure round was last November, but that may not be the last.

On the legal front, there hasn’t been any movement in the U.S. criminal case recently. The two alleged operators filed a motion to dismiss the criminal complaint last summer, but news has been quiet since then.

From: TF , for the latest news on copyright battles, piracy and more.

In the fall of 2019 , Brazilian law enforcement agencies launched the first wave of anti-piracy campaign ‘Operation 404,’ referring to the well-known HTTP error code.

With help from law enforcement in the United States, the United Kingdom, and Argentina, the authorities took down more than a hundred sites and services, while several suspects were arrested.

Following its initial successes, several new waves ‘Operation 404’ were initiated over the ensuing years. Each wave led to raids and takedowns across the country, with assistance from international law enforcement partners. It was clear that Brazil had its enforcement apparatus in order, but the outcomes of these efforts in terms of follow-up actions were largely unknown.

This week, anti-piracy group ALIANZA booked its first ‘404’ related victory in court. Following a criminal complaint from the group, Judge Marina Figueiredo Coelho of the Fifth Criminal Court of Campinas, Sao Paolo, convicted the operator of a pirate IPTV service that was taken down in 2020.

Prison for Flash IPTV Operator

The operator of Flash IPTV, who is referred to by the initials A.W.A.P., was found guilty of criminal copyright infringement and sentenced to five years and four months in prison.

Flash IPTV was a relatively large IPTV service with 13,547 active users at its peak. According to local news reports , the service generated R$4,542,034 ($912,000) in revenue over twelve months, before it was taken offline in 2020 as part of the second ‘Operation 404’ campaign .

Speaking with TorrentFreak, ALIANZA says that this is a historic verdict, as it’s the first criminal IPTV prosecution linked to ‘Operation 404’ in Brazil.

“We appreciate the commitment of the police and judicial authorities in resolving this important case. The conviction of A.W.A.P. is a milestone that reinforces our commitment to defending the rights of creators and fighting against illegal practices that harm the creative economy,” says Víctor Roldán, ALIANZA’s executive director.

More to Come?

A copy of the verdict wasn’t released to the public, as is common with these types of convictions, so further details are scarce.

While Operation 404 resulted in many arrests over the years, follow-up prosecutions have been rare in Brazil. Previously, ALIANZA did score a similar victory in Ecuador , where the operator of the pirate IPTV service IPTVlisto.com was sentenced to a year in prison.

Last fall, Brazilian authorities conducted the sixth wave of Operation 404 and more are expected to follow in the future. These enforcement initiatives are broadly praised by rightsholders and the recent conviction will only strengthen their support.

There’s always room for improvement, of course. A few weeks ago, the International Intellectual Property Alliance (IIPA) recommended Brazil to remain on the US ‘ Special 301 ‘ Watch List of countries with IP-related challenges.

IIPA saw various positive developments, especially regarding Operation 404. However, disagreement between rightsholders over enforcement action could still improve.

“Brazil still suffers from a lack of specific norms and regulations regarding the enforcement of copyrighted works over the Internet and a lack of resources and staff to support enforcement actions considering the reach and amount of content piracy in the region,” IIPA wrote.

From: TF , for the latest news on copyright battles, piracy and more.

Ever since Italian authorities announced their intent to introduce an even more aggressive anti-piracy blocking system than the one already in place, controversy has rarely been far behind.

Recent reports of avoidable overblocking, a reluctance to admit that the Piracy Shield system is fallible, and new reports that telecoms regulator AGCOM is now rejecting complaints from wrongfully blocked Cloudflare customers, are just some of the ingredients in a volatile mix that has always threatened to boil over.

Piracy Shield: Source Code Leaked Online

In what could develop into the biggest crisis yet for the Piracy Shield system and those who operate it, nine repositories of source code, internal documentation, and other related data, claiming to be the various components of the Piracy Shield system, appear to have leaked online.

An announcement in Italian and English, posted on GitHub a few hours ago, criticizes AGCOM and SP Tech Legal, the law firm-linked developer behind Piracy Shield, for creating a “tool of censorship disguised as a solution to piracy.”

The main ‘fuckpiracyshield’ repository on GitHub was created by a user of the same name; they appear to have joined the site for the purposes of leaking the code online and, after signing up at 15:55 on Tuesday, by 16:50 they were gone. Aside from the leaked material, a message was left behind.

“This is not the way to stop piracy. This is a gateway to censorship,” the bio message reads.

Content Allegedly Leaked

The apparently leaked collection spans nine repositories; they are named and described as follows:

frontend (The frontend of Piracy Shield), data (Guides for the ISPs and reporters that use Piracy Shield), variations (Some code that was probably used for testing for Piracy Shield?), service (Services and main logic of the Piracy Shield API), data-storage (Storage and filesystem management for the Piracy Shield API), data-model (Data models of objects used by the Piracy Shield code), component (Components needed by other Piracy Shield packages), api (This is the API for Piracy Shield)

For those unfamiliar with Python or no interest in code, period, the ‘data’ repository probably offers the most interesting information. It contains what appears to be up-to-date operations manuals for Piracy Shield, with the ‘ISP TECHNICAL MANUAL – PIRACY SHIELD’ described as v2.4.1, current on February 2nd when Piracy Shield made its full debut.

All documents are named and presented in Italian and the titles suggest that there are two versions of two distinct manuals: ‘Piracy Shield Manual’ and ‘Piracy Shield Error Codes’. One version seems to be directed at those reporting domains and IP addresses for blocking and the other toward the ISPs expected to carry out the blocking.

Unusual Feature of the Leak

When browsing the source code and attempting to work out its purpose, on some repositories something immediately stands out. With no assumptions as to who the name refers, a contributor to the Piracy Shield project appears to be someone called Daniele Maglie. Their name appears time and again throughout the code, which in itself isn’t especially unusual.

However, when looking more closely at the leaker’s bio, which includes an image of AGCOM’s president apparently deep in thought, leaving the mouse pointer in place for a moment produces a piece of popup text, as highlighted in the image below.

What the text means, if indeed it means anything at all, will be just one of the questions being asked in the days to come. In the meantime, AGCOM has yet another blocking target to contend with, although a DMCA notice will be much more effective.

From: TF , for the latest news on copyright battles, piracy and more.

After initially denying that Italy’s new Piracy Shield anti-piracy platform had been responsible for any over-blocking, last week telecoms regulator AGCOM conceded that an IP address belonging to Cloudflare had been blocked in error .

While that might be considered progress of sorts, the incident was downplayed as minor on the basis it was rectified a few hours later. No consolation for the many Cloudflare customers affected, of course, but that particular problem isn’t going away. Cloudflare is encouraging its customers to file complaints to draw attention to the perils of widespread blocking measures.

Yet despite calls for more transparency, not to mention an obvious need, AGCOM is still not reporting the IP addresses subjected to blocking, instead preferring to report the volume of IP addresses blocked instead. While the latter is not unimportant information, only the former can shine light on cases where IP addresses are blocked in error. Or when IP addresses are blocked despite the legal provision that prohibits blocking when IPs are not exclusively used for piracy.

New Third-Party Service Imposes Transparency

Official providers of all types of content have understood for some time that if they don’t meet demand, someone else will do it for them. After calls for transparency appeared to fall on deaf ears, transparency has been imposed on the Piracy Shield system thanks to a new, unofficial third-party system: Piracy Shield Search .

The most important feature of the service is the ability to enter an IP address or a fully qualified domain name (FQDN) to find out whether they’re on the Piracy Shield system.

The image below consists of an original blocking order (translated from Italian) issued in response to a blocking application by Sky Italia. To protect Sky’s broadcasting rights for FIM MotoGP World Championship and the Motul FIM Superbike World Championship, the domain http://live.vitocatozzo.eu was added to the Piracy Shield system.

The response from Piracy Shield Search added by us directly underneath the relevant section in the application confirms that the domain was indeed placed on the blocklist. The response also provides the time the rightsholder or its representative added the ticket to the system, which acts as the instruction for ISPs to go ahead and start blocking.

Rightsholder Tickets and Top AS By IP Address

The Piracy Shield Search system shows data relating to currently active blocking, not the total number of requests made or IP addresses/domains blocked to date.

In the image below we can see that 662 rightsholder tickets are currently live, and together they target 2,849 IPv4 IP addresses, zero IPv6 IP addresses, and 6,601 fully qualified domain names. The panel on the right shows the top AS (autonomous systems) ranked by the total number of IP addresses allocated to the AS that are currently subject to blocking.

The ticket panel on the left shows that the system deployed in Italy operates similarly to the blocking system operated in the UK.

Much is made in the media about the requirement to block IP addresses and domains within 30 minutes, possibly to imply that blocking takes place mostly during live matches. However, the two items at the top of the list show that IP addresses and domains are typically added in bulk, long after matches finish or, alternatively, long before they actually start.

Tickets Reveal More Blocking Blunders

The people behind Piracy Shield Search have decided to partially redact IP addresses requested for blocking in rightsholder tickets. Since the search facility on the front page responds to requests for specific IP addresses, there’s no need to expose the IP addresses in full here.

However, since the names of the hosts are displayed in full, it’s possible to determine whether the IP addresses that appear on the left are likely to be operated by CDN companies. More importantly, there may also be enough information to determine whether multiple services potentially share the IP address.

In a post to X, developer and researcher Matteo Contrini confirms what many people had suspected; Cloudflare isn’t the only major CDN provider whose IP addresses have ended up on the Piracy Shield system.

“The platform #PiracyShield is blocking 15 Akamai IP addresses! Not only Cloudflare but also the largest CDN in the world…,” Contrini notes.

The data suggests that transparency is a double-edged sword. Without transparency, there’s no scrutiny, and no specific fuel for criticism. When transparency exists, whether voluntarily or by imposition, scrutiny ensures that criticism can be backed up by data provided by the system itself.

What transparency offers that opacity never does, however, is a powerful incentive to do better. Whether the addition of these IP addresses is due to blunder after uncorrected blunder isn’t clear, but the alternative is unquestionably much worse.

From: TF , for the latest news on copyright battles, piracy and more.

The Internet Archive (IA) is a non-profit organization that aims to preserve digital history for generations to come.

The digital library is a staunch supporter of a free and open Internet and began meticulously archiving the web over a quarter century ago.

In addition to archiving the web, IA also operates a library that offers a broad collection of digital media, including books. Staying true to the centuries-old library concept, IA patrons can also borrow books that are scanned and digitized in-house.

Publishers vs. Internet Archive

The self-scanning service offered by the Internet Archive (IA) differs from the licensing agreements entered into by other libraries. Not all publishers are happy with IA’s approach, resulting in a major legal battle two years ago.

Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright infringement. Earlier this year a New York federal court concluded that the library is indeed liable for copyright infringement .

The court’s decision effectively put an end to IA’s self-scanning library, at least for books from the publishers in suit. However, IA is not letting this go without a fight and in December the non-profit filed its opening brief at the Second Circuit Court of Appeals, hoping to reverse the judgment .

High Profile Support

The importance of this legal battle is illustrated by the large number of amicus briefs that are filed by third parties. Previously, IA received support from copyright scholars and the Authors Alliance, among others.

A few days ago, another round of amicus came in at the Court of Appeals, this time to back the publishers who filed their reply last week . In more than a handful of filings, prominent individuals and organizations urge the Appeals Court not to reverse the district court ruling, arguing that this would severely hamper the interests of copyright holders.

The briefs include positions from industry groups such as the MPA, RIAA, IFPI, Copyright Alliance, the Authors Guild, various writers unions, and many others. Legal scholars, professors, and former government officials, also chimed in.

RIAA, MPA, et al.

The RIAA and MPA submitted an amicus brief together with the NMPA and the News Media Alliance. These industry groups draw a parallel between the impact Napster and BitTorrent had on music and movie sales, and the threat IA’s self-scanning library poses today.

“Digital piracy has inflicted a huge economic toll on those industries and, by extension, on their ability to invest in new creative works and the artists who make them. Internet Archive’s theory of fair use represents a threat just as grave.”

Industry groups fear that if the Internet Archive is allowed to digitize and lend books, it could set a precedent for other forms of media. For instance, if services were able to lend music, movies, or news media to the general public, these industries might face similar challenges.

“Deeming Internet Archive’s mass reproduction and distribution program to be fair use would no doubt embolden not only Internet Archive itself but also other online platforms to freely ‘lend’ all types of copyrighted works to the public in digital formats,” they write.

“That would catastrophically harm the digital markets on which the music industry, the movie and television industry, the news industry, and similar industries depend to profitably create and distribute their works—and would thereby undermine the incentive for the creation of new works that copyright law exists to protect.”

According to the amici, there is nothing fair about IA’s digital library; instead, they see it as “unambiguous copyright infringement.”

Copyright Experts, Professors, and Lawmakers

A second amicus brief is submitted by more than a dozen professors and scholars of copyright and intellectual property law. They stress that IA’s practice should not be seen as “transformative” fair use, arguing that the library offers a “substitution” for books that are legally offered by the publishers.

This sets the case apart from current legal precedents including the Google Books case , where Google’s mass use of copyrighted books was deemed fair use.

“IA’s exploitation of copyrighted books is thus the polar opposite of the copying that was found to be transformative in Google Books and HathiTrust . IA offers no ‘utility-expanding’ searchable database to its subscribers. What it does offer is access to full-text books as a clearly competing substitute for the versions licensed by book publishers,” the legal scholars write.

Another amicus brief adds more heavyweight support for the publishers. This includes former judges and two dozen government officials and lawmakers, including Lamar Smith, former Chair of the House Judiciary Committee, and Bob Goodlatte, former Chair of the House Judiciary Committee.

This brief also rejects the Internet Archive’s fair use arguments, framing the library as a threat instead.

“IA does not further the public interest, but rather undermines incentives to create and disseminate books that benefit society. Thus, its actions are decidedly not protected by fair use,” their brief reads.

IA and AI

The final amicus brief we want to highlight comes from a broad collection international and regional trade groups from outside the United States. These include the International Publishers Association, the International Video Federation, and the Association of Canadian Publishers.

These groups also reject the fair use arguments. They stress that in addition to directly competing with the interests of publishers, IA’s library is also an indirect ‘artificial intelligence’ threat as the digitized books can be used as AI training material.

“The Internet Archive is an obvious source of high-quality works for AI training since these works have been professionally edited and improved by publishers. Entering the terms ‘Internet Archive DRM’ into any search engine results in a number of links to software tools that remove the Internet Archive’s DRM technology along with instructions on how to use it.

“Even if AI training is ultimately determined by U.S. courts to not be a fair use, Amici fear that the Internet Archive’s CDL collection has already been used as an AI training tool,” the international trade groups add.

In summary, the book publishers have plenty of external support for their legal battle. However, it remains to be seen whether any of these amici, including those in favor of IA, will influence the eventual outcome of the appeal.

—

Below is an overview of the amicus briefs that were filed over the past few days, all in support of the publishers.

– RIAA, MPA, NMPA, News Media Alliance .
– Former government officials, former judges, and intellectual property scholars .
– Copyright Alliance .
– Various organizations that represent the interests of writers and other creators .
– Professors and scholars of copyright and intellectual property law .
– International and regional trade bodies .

From: TF , for the latest news on copyright battles, piracy and more.

Sports leagues and their broadcasting partners across Europe believe that their piracy problems begin with the existence of illicit suppliers.

It follows that if those illicit suppliers can be prevented from reaching their subscribers, reasons for buying TV packages from the black market will be mostly eliminated and legal subscription sales will ensue.

As the legal owners of the rights in question, these corporate giants have the luxury to frame the issue however they choose. However, when the war on piracy begins to take a toll on those not even remotely involved, it raises the question of who has the authority to step in and where the threshold for intervention lies.

On Friday, a judge handling a copyright case concluded that since messaging platform Telegram had failed to help rightsholders identify the operators of certain Telegram channels, something needed to be done. Insisting that there was no other option available, the judge issued an order for Telegram to be blocked by ISPs throughout Spain.

The judge described the measure as “necessary” and “proportional” and in a few hours’ time, if not already, around eight million users of Telegram in Spain will have a chance to chime in with their opinions, but not via Telegram, obviously.

Update: March 25, 2024 : Amid a huge backlash in Spain, including criticism of the decision and the government by opposition parties, the blocking order has been suspended. See update below.

Media Giants Want to Unmask Telegram Channel Operators

Existence of the order and some general details were revealed by Telecinco on Friday.

The publication reported that as part of a copyright complaint previously filed by anti-piracy group EGEDA, Mediaset España, Atresmedia, and Movistar Plus, the rightsholders had demanded information from Telegram that could help them identify the operators of piracy-linked Telegram channels.

Despite the involvement of the court, Telegram failed to respond; Judge Pedraz concluded that since the investigation would now take more time, in the interim Telegram would have to be blocked by ISPs throughout Spain.

Telegram has previously been blocked by Iran, China, and Pakistan, among others, but the addition of Spain came as a surprise. Expecting to find considerable unreported nuance, TorrentFreak tracked down the order; issued by Juzgado Central de Instrucción Número 5 and dated March 22, 2024, it begins with a section marked “Factual Background.”

Case Background as Reported in the Order

The order describes the present proceedings in connection with the “continued infringement of intellectual property rights,” carried out by “owners of various channels created on the Telegram social network,” and an ongoing investigation involving the prosecutor’s office.

In a report dated March 8, 2024, the prosecutor’s office requested a six-month extension of the investigation period. This followed an EGEDA request and a writ filed on behalf of rightsholders Telefónica Audiovisual Digital (TAD), Movistar+, and Movistar Plus+.

After detailing the rules concerning investigations and time limits, the Judge notes in the absence of an extension, the current investigation is set to expire on March 29, 2024, having run for the maximum 12 months allowed under Article 324.1 LECrim .

Request for Judicial Assistance

The order then turns to the corporate entity operated by Telegram in the British Virgin Islands and the letters rogatory (letters of request) sent by the Spanish court to the Virgin Islands seeking judicial assistance.

“For the successful completion of the investigation, it is necessary to carry out the proceedings contained in the rogatory commission sent to the Virgin Islands, but so far there has been no news of compliance with the aforementioned instrument of cooperation,” the order reads.

“Numerous diligence of investigation will be pending depending on the information that will be provided by the execution of the above-mentioned international rogatory commission. Therefore, the period of investigation should be extended for six months in order to carry out the pending proceedings.”

Information Required For a Private Criminal Prosecution

The order reveals that non-compliance with the international rogatory commission sent by the Judge to the Virgin Islands on July 28, 2023, has effectively brought the investigation to a halt. The information sought by Judge Pedraz is required to support a private criminal prosecution brought by the media companies, not the state.

Private prosecutions in criminal cases are favored by sports rightsholders in the UK; as the alleged victim, rightsholders conduct their own investigations, harvest their own evidence, then act as the prosecution in the same case. There are no restrictions on the amount of legal firepower they’re permitted to deploy, meaning that in most cases defendants face the best lawyers money can buy.

Lack of Cooperation from Virgin Islands

Whether this aspect of the request is known to Telegram isn’t clear from the order. Indeed, the order makes no comment on whether Virgin Islands authorities even passed on the request, raising the question of what Telegram knows, or even if it knows anything at all.

“Telegram was requested to inform about certain technical data that would allow the identification of the holders of the accounts used for the infringement of the intellectual property rights of the entities appearing as Private Prosecutor. The lack of collaboration of the authorities of the Virgin Islands, who are only requested to communicate with the managers of the social network TELEGRAM, leads to the adoption of the precautionary measures requested by the private prosecutors,” the order reads.

“This repeated commission of the crime against intellectual property rights justifies the adoption of the requested precautionary measures, since the principles of necessity, suitability, and proportionality are met. The requested precautionary measures are the only possible measures in view of the lack of collaboration of the Virgin Islands authorities. There is no other type of measure that could stop the reiteration of the facts denounced.”

From this statement it’s clear that the rightsholders requested a complete block of Telegram in Spain and the Judge considered that a reasonable request.

Blocking Millions of Telegram Users is Acceptable

“The measure is suitable because its execution could put an end to the infringement of intellectual property rights denounced to prevent access through the TELEGRAM network to the contents of the aforementioned rights. The measure is proportional to the seriousness of the conduct denounced and in this analysis is related to the necessity of the measure,” the order continues, with the legal justification (translated from Spanish) as presented below.

The ISPs instructed to carry out the blocks within three hours of receiving the order are: Vodafone España, Orange Espagne, Orange España Virtual, MASMOVIL IBERCOM, Digi Spain Telecom, Telefónica España, Telefónica Móviles España, AVATEL TELECOM, ADAMO TELECOM IBERIA, AIRE NETWORKS DEL MEDITERRÁNEO, and PROCONO .

The Telegram assets to be blocked are: Telegram Web (https://web.telegram.org/k/), Telegram Messenger (https://telegram.org/), and Telegram Apps for Android and iOS. It appears the rightsholders were well-prepared since they mandate the following:

Apps: disable and block the connection [IP addresses, protocols, ports and any other connection element], to suspend the operation of the ‘Telegram’ application (app) of the connections from Smartphone and/or Tablet of the Operators’ users who have the “Telegram” “app” installed on their devices, operated from any operating system (Android, iOs).

Blocking Telegram or Denying Access to Non-Infringing Users

Judge Pedraz frames these measures as the blocking of Telegram but the mechanism chosen clearly shows that Telegram can still reach Spanish ISPs but the blocks they’re required to put in place prevent Telegram users from accessing the platform. That’s especially the case in respect of the apps where interference is directed towards functionality of apps on users’ devices.

While some may dismiss this as semantics on the basis that blocking pirate sites operates similarly, Telegram is not a pirate site and most Spanish users of Telegram are not pirates.

Whereas it might be reasonable to assert that most Spanish visitors to The Pirate Bay do so to infringe and therefore have no legal basis to visit the site, most visitors to Telegram do not visit the platform to infringe. Even of those that do, only a tiny minority will visit the channels in question. Nevertheless, millions of innocent Telegram users will soon be prevented from going about their entirely legal business.

That raises the fundamental question of the nature of the scales used to weigh the competing interests in this case and, more fundamentally, who is actually being punished here; Telegram as claimed, or non-infringing Spanish users?

Three Days to Appeal, Including Weekend

“An appeal for reform may be filed against this order, within a period of three days, before this Central Preliminary Examining Court, and/or, if applicable, an appeal, in a single effect, before the Criminal Chamber of the National High Court,” the order concludes.

As far as we’re aware there’s no recent news to indicate an appeal. These types of cases have traditionally seen ISPs step in but since the major ISPs in Spain are either rightsholders in their own right or have a commercial interest in blocking going ahead, an appeal from that direction seems unlikely.

We’re currently unaware of any comment from Telegram but given the scale of the response versus the problem to be solved, this matter is likely to attract international attention and scrutiny. Common wisdom suggests that when an adversary is making a mistake, he should be allowed to do so without being interrupted, so we may hear from Telegram in due course.

Update: March 25, 2024 : Amid a huge backlash in Spain, including criticism of the decision and the government by opposition parties, the blocking order has been suspended. National Court Judge Santiago Pedraz has requested a report from the General Information Commissioner’s Office (Comisaría General de Información) to provide data on the characteristics of Telegram and an assessment of the impact the measure could have if implemented.

A statement from the Podomos party criticized the government for failing to act in the face of “genuine censorship” at the hands of the “oligopoly of complainant communication companies” whose interests are “taking precedence” over the “freedoms of many citizens.”

Update: Official statement from the communications office of the National Court (translated from Spanish)

The judge of the National Court Santiago Pedraz issued an order this Monday in which he agreed, prior to the temporary suspension of the resources associated with Telegram, to request a report from the General Information Commissioner’s Office on the Telegram platform. The magistrate requests information about its characteristics as well as the impact that the temporary suspension, that he agreed to in an order last Friday and whose execution remains suspended, may have on users.

In the aforementioned order, the magistrate ordered the telecommunications and Internet access operators to temporarily suspend Telegram in the framework of a procedure against the owners of various channels created on the social network, for continued violations of intellectual property rights.

In his resolution, Pedraz explained that the measure has legal support contemplated in article 13.2 of the LECrim: “In the investigation of crimes committed through the internet, telephone or any other information or communication technology, the court may agree, as first steps, ex officio or at the request of a party, precautionary measures consisting of the provisional removal of illicit content, the provisional interruption of the services offered by said content, or the provisional blocking of both when they are located in a foreign country.”

From: TF , for the latest news on copyright battles, piracy and more.

The Motion Picture Association’s interest in file-hosting platform DoodStream first came to light in a submission to the USTR in October 2022 .

The MPA described DoodStream as a video hosting service offering free storage and premium services including priority encoding and an ad-free experience. Videos uploaded to the platform were embedded on many other streaming sites, the MPA reported, and as a result, traffic was booming.

The MPA estimated the site received 82.7 million visits in August 2022, while using the services of DDoS-Guard in Russia and OVH in France.

“DoodStream operates a partner program that offers financial remuneration, either per download or stream depending on the country of origin,” the MPA informed the USTR in its ‘notorious markets’ submission.

DoodStream rates

A year later in a new submission to the USTR, the MPA described DoodStream as a ‘top priority’ for its anti-piracy efforts.

DoodStream in the Spotlight

In its October 2023 submission to the USTR’s notorious markets report, the MPA’s cyberlocker and video streaming category listed DoodStream front and center as the priority problem. The MPA still believed the site was operating from OVH in France but also listed other companies as hosts, including Online S.A.S., Hetzner Online GmbH, and Interkvm Host10 SRL.

The MPA noted that the Delhi High Court had ordered ISPs to block DoodStream in 2023, a measure also handed down by a French court during the same year. The Paris court noted that the site “encouraged the infringement of copyright and related rights by setting up tools specifically designed for the mass and illicit sharing of protected content.”

“The operators are located in India,” the MPA informed the USTR.

Entertainment Giants Team Up Against DoodStream

Two months later, Karyn Temple, Senior Executive Vice President and MPA Global General Counsel referenced DoodStream before the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet ( pdf ) . DoodStream continued, business as usual, until now.

In a lawsuit being heard at the High Court of Delhi, eight plaintiffs are listed as follows: Warner Bros. Entertainment Inc., Amazon Content Services LLC, Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Netflix US, LLC, Paramount Pictures Corporation, Universal City Studios Productions LLP and Apple Video Programming.

A total of six defendants include the domains doodstream.com, doodstream.co, dood.stream and their underlying websites (defendants 1-3), plus a server (defendant 4) used by defendants 1 to 3 which allegedly facilitates storing and dissemination of illegal content. Defendants 5 and 6, neither of whom have been named, are reportedly site operators.

According to counsel for the plaintiffs, “rogue cyberlocker websites provide an infrastructure specifically designed to incentivize hosting, uploading, storing, sharing, streaming, and authorize the downloading of copyrighted material without obtaining authorization from the plaintiffs.

Claims Against The DoodStream Defendants

The plaintiffs allege that a massive amount of infringing content to which they have exclusive rights, is uploaded by users on the defendants’ websites.

“Counsel for plaintiffs say the studios approached defendants upon noticing this infringing content, first in June, 2023, after they discovered the identity as to who was operating these websites, who happen to be individuals based in Coimbatore, Tamil Nadu, India, arrayed as defendants nos. 5 and 6,” an order from the court reads.

“This, according to plaintiffs’ counsel, was achieved after some effort since the WHOIS details of defendant nos. 1 to 3 were masked.”

The court notes that the plaintiffs continuously pursued the defendants to take the infringing content down. However, despite promises to comply, a mechanism built in to the site simply generated new links whenever content was supposedly removed.

“Further, uploaded content would also generate a link which could be disseminated by the uploader and therefore, potentially could be disseminated through parallel websites. Thus, as per counsel for plaintiffs, the takedown itself was elusive and of no effect, since the system immediately permitted generation of a new link.”

The court notes that through this mechanism, DoodStream becomes a “hydra-headed monster” that is difficult to police through takedowns alone.

Plaintiffs Want DoodStream Shut Down

The plaintiffs submit that DoodStream should either be comprehensively blocked or a Local Commissioner should be appointed to take over the administration of the sites. However, counsel for the defendants told the court that their clients are prepared to “exhaustively and completely” remove the plaintiffs’ content from the platform.

Due to the link generation mechanism in operation on the site, the plaintiffs expressed concern that content taken down would nnot stay down. The defendants offered assurances that they would “change the features on their websites’ architecture” to ensure that once the process of takedown is complete, regeneration would not be allowed.

In view of this undertaking, the court ordered ( pdf ) all content belonging to the plaintiffs to be taken down within 24 hours, and ordered the defendants to hire a chartered accountant to disclose all revenue generated by the sites since their launch.

The case is listed for hearing on April 8, 2024.

From: TF , for the latest news on copyright battles, piracy and more.