One of the major strategies of the world’s leading entertainment companies is to have sites like The Pirate Bay blocked at the ISP level. The idea is that when subscribers can’t access ‘pirates’ sites they will flock to legal alternatives.
While there can be little doubt that some will take the opportunity to test out Netflix or Spotify (should they be available in their region), other users will be less ready to take the plunge.
In Spain, where online piracy is reportedly more widespread than most other European countries, users faced a Pirate Bay problem on Friday when a judge ordered the country’s service providers to block the site within 72 hours.
Some ISPs blocked the site immediately, provoking questions of where to get free content now that The Pirate Bay is off-limits. Of course, there are plenty of alternatives but for those a little more determined, access to TPB was just a click or two away.
The problem is that for whatever reasons, thus far Spanish ISPs are only implementing a Pirate Bay ban on the most basic of levels. In the UK, for example, quite sophisticated systems block domain names and IP addresses, and can even automatically monitor sites so that any blocking counter-measures can be handled straight away. But in Spain users are finding that blocks are evaded with the smallest of tweaks.
By changing a computer or router’s DNS settings, Spaniards are regaining access to The Pirate Bay in an instant. Both Google’s DNS and OpenDNS are reported as working on several Spanish discussion forums.
Category: Ignorant or unreasonable
MPAA Wanted Less Fair Use In Copyright Curriculum
During the summer of 2013 we voiced our doubts about an initiative from the Center for Copyright Information (CCI).
The group, which has the MPAA and RIAA as key members, had just started piloting a kindergarten through sixth grade curriculum on copyright in California schools.
The curriculum was drafted in collaboration with iKeepSafe and aims to teach kids the basics of copyright. Unfortunately, the lesson materials were rather one-sided and mostly ignored fair use and the more flexible copyright licences Creative Commons provides.
These concerns were picked up by the mainstream press, creating a massive backlash. The CCI and other partners emphasized that the pilot was tested with an early draft and promised that the final curriculum would be more balanced.
In the months that followed the lesson plans indeed got a major overhaul and last summer the “Copyright and Creativity for Ethical Digital Citizens” curriculum was finalized.
As reported previously, the new and improved version was indeed expanded to discuss fair use principles and Creative Commons licenses. However, as far as Hollywood is concerned it now includes too much discussion on fair use.
TorrentFreak received a copy of a leaked email the MPAA’s Howard Gantman sent to various insiders last summer, explaining what happened. It starts off by mentioning the negative response to the leak and states that the MPAA and RIAA will try to keep a low profile in future, probably to prevent another wave of critique.
Court Orders ISP to Disconnect Internet Pirates
Half a decade ago the Irish Recorded Music Association (IRMA) ended legal action against local ISP Eircom when the ISP agreed to force a so-called “three strikes” regime on subscribers.
The agreement saw IRMA-affiliated labels including Sony, Universal and Warner tracking Eircom subscribers online and Eircom forwarding infringement notices to alleged pirates. It was envisioned that those caught three times would be disconnected from the Internet.
In a follow-up move IRMA tried to force another ISP, UPC, to implement the same measures. UPC fought back and over the past several years the matter has dragged on through the Irish legal system.
In January 2015 the case was again before the Commercial Court, with IRMA looking to force a so-called “graduated response” scheme onto UPC and the ISP trying to avoid one and its costs.
The High Court handed down its ruling Friday and it amounts to a massive victory for the labels, a depressing defeat for UPC, and a major concern for the rest of Ireland’s ISPs.
Brushing aside arguments by UPC that it’s not an ISP’s job to police its subscribers’ activities online, Justice Brian Cregan sided almost entirely with the labels.
“The current generation of writers, performers and interpreters of music cannot have their livelihoods destroyed by advances in technology which allow persons to breach their constitutional rights with impunity,” he said.
After ordering UPC to implement a “three strikes” system including the disconnection of repeat offenders, the Judge then informed the ISP it would be picking up most of the bill.
According to Independent.ie the system will cost between 800,000 euros and 940,000 euros to set up. UPC offered to pay 25% of these costs but the Judge disagreed and ordered the ISP to pay 80%.
But it doesn’t end there. Yearly running costs are estimated to be between 200,000 and 300,000 euros or, to put it another way, close to one euro for each of UPC’s 360,000 subscribers.
Then, in a move apparently aimed at keeping costs down, the Judge ordered that the number of warning notifications going out to subscribers should be capped at 2,500 per month instead of the 5,000 originally proposed. That means that even if the staggering setup costs are ignored, each notice could cost 10 euros to send out.
The case was adjourned until next month to allow UPC and the labels to prepare submissions on how Justice Cregan’s order will be implemented. In the meantime the rest of Ireland’s ISPs will be nervously checking their bank balances in the event that they too are required to implement a similarly costly system.
TSA Waves Convicted Murderer With Explosives Experience Through Its PreCheck Lane
The TSA’s PreCheck program also expedites security screening for “notorious convicted felons” and “former domestic terrorists.” Who knew? From the sounds of its in-depth pre-screening efforts, you would think (unnamed) convicted felons wouldn’t be able to sail past the checkpoint without even slowing down, but apparently, that’s exactly what happened. And it’s not just any former felon/domestic terrorist, but one who was previously convicted of murder and offenses involving explosives. (via Kevin Underhill/Lowering the Bar)
The U.S. Office of Special Counsel (OSC) received a whistleblower disclosure alleging a sufficiently notorious convicted felon was improperly cleared for TSA Pre✓ screening, creating a significant aviation security breach. The disclosure identified this event as a possible error in the TSA Secure Flight program since the traveler’s boarding pass contained a TSA Pre✓ indicator and encrypted barcode.
The good news (such as it were) is that the TSA did not grant the unnamed felon/terrorist PreCheck approval through its laborious and intrusive application process. It also didn’t wave him/her through because lines were backing up at the normal checkpoints. (This is called “Managed Inclusion” by the TSA, but it more resembles “For the Hell of It” in practice…) That ends the good news.
It did, however, use its “risk assessment rules” to determine the terrorist/felon to be of no threat. This might be encouraging news for former felons/domestic terrorists, perhaps signaling that government agencies may ultimately forgive some criminal acts and not subject former felons to additional security harassment in perpetuity. Then again, this may just be the TSA’s excuse for waving someone with questionable PreCheck clearance through security because a checkmark — and its own internal bureaucracy — told it to.
We also determined the Transportation Security Officer (TSO) followed standard operating procedures, but did not feel empowered to redirect the traveler from TSA Pre✓ screening to standard lane screening.
The OIG recommends more “empowerment” for rank-and-file. Good luck with that. If officers don’t feel empowered, it’s because management has shown them that questioning the (broken and wildly inconsistent) system isn’t an option. Neither is doing any independent thinking. When this officer attempted to push it up the line, he/she ran into a pretty predictable response.
[T]he TSO knew of the traveler’s TSA Pre✓disqualifying criminal convictions. The TSO followed the standard operating procedures and reported this to the supervisory TSO who then directed the TSO to take no further action and allow the traveler through the TSA Pre✓ lane. As a result, TSA does not have an incident report for this event.
One of the TSA’s Behavioral Detection Officers (highly-trained in the art of the mental coin toss) was also contacted by the concerned officer. And, again, no further action was taken/recommended.
In the end, a felon/terrorist boarded a plane because the TSA’s bureaucratic process can’t handle contradictory variables. The PreCheck approval said “yes,” but the previous convictions said PreCheck approval should never have happened. The TSA deferred to the obviously incorrect checkmark on the boarding pass. And now we have the punchline to the joke that starts, “A murderer with explosives experience walks into a PreCheck lane…”
Congressional Rep. John Carter Discovers Encryption; Worries It May One Day Be Used On Computers To Protect Your Data
Here’s a suggestion: if you’re a Congressional Representative whose job it is to regulate all sorts of important things, and you state in a hearing “I don’t know anything about this stuff” before spouting off on your crazy opinions about how something must be done… maybe, just maybe educate yourself before confirming to the world that you’re ignorant of the very thing you’re regulating. We famously saw this during the SOPA debate, where Representatives seemed proud of their own ignorance. As we noted at the time, it’s simply not okay for Congress to be proud of their own ignorance of technology, especially when they’re in charge of regulating it. But things have not changed all that much apparently.
We already wrote about FBI Director James Comey’s bizarre Congressional hearing earlier this week, in which he warned those in attendance about the horrible world that faced us when the FBI couldn’t spy on absolutely everything. But the folks holding the hearing were suckers for this, and none more so than Rep. John Carter. The ACLU’s Chris Soghoian alerts us to the following clip of Carter at that hearing, which he says “is going to be the new ‘The Internet is a Series of Tubes'” video. I would embed the video, but for reasons that are beyond me, C-SPAN doesn’t use HTTPS so an embed wouldn’t work here (randomly: Soghoian should offer CSPAN a bottle of whiskey to fix that…).
Here’s the basic transcript though:
Rep. John Carter: I’m chairman of Homeland Security Appropriations. I serve on Defense and Defense subcommittees. We have all the national defense issues with cyber. And now, sir, on this wonderful committee. So cyber is just pounding me from every direction. And every time I hear something, or something just pops in my head — because I don’t know anything about this stuff. If they can do that to a cell phone why can’t they do that to every computer in the country, and nobody can get into it? If that’s the case, then that’s the solution to the invaders from around the world who are trying to get in here. [Smug grin]
FBI Director Comey: [Chuckle and gives smug, knowing grin]
Carter: Then if that gets to be the wall, the stone wall, and even the law can’t penetrate it, then aren’t we creating an instrument [that] is the perfect tool for lawlessness. This is a very interesting conundrum that’s developing in the law. If they, at their own will at Microsoft can put something in a computer — or at Apple — can put something in thatcomputer [points on a smartphone], which it is, to where nobody but that owner can open it, then why can’t they put it in the big giant super computers, that nobody but that owner can open it. And everything gets locked away secretly. And that sounds like a solution to this great cyber attack problem, but in turn it allows those who would do us harm [chuckles] to have a tool to do a great deal of harm where law enforcement can’t reach them. This is a problem that’s gotta be solved.
Copyright Bots Kill App Over ‘Potentially Infringing’ Images, Follow This Up By Blocking App For Use Of CC/Public Domain Images
With bots performing all sorts of intellectual property policing these days, fair use considerations are completely off the table. Nuances that can’t be handled by a bot should theoretically be turned over to a human being in disputed cases. Unfortunately, dispute processes are often handled in an automated fashion, leading to even more problems.
Tolriq Yatse, the developer of a popular Xbox Media Center (XMBC) remote control app for Android phones, ran into this very problem with Google’s Play Store, which suddenly dumped his app over “intellectual property violations” after more than 2 years of trouble-free listing. This might have been a quick fix if Google had been more forthcoming with details, but all Yatse received was a brief notice as his app was removed from the Play store.
Nothing was changed at all apart filling the new forced content rating form and suddenly lost all my revenues.
I hope someone human answer with details soon, but I’m joining the anger from all developers around about how #Google treat devs, take 30% share without problem but certainly do not do support or act as human when killing someone.
His complaints reached his fans and customers, who then made their presence felt. This finally prompted a Google human to give Yatse the details he needed so he could fix his app and get it relisted.
Hi Tolriq,
Thank you for your additional comments.
As previously explained, your promotional images include content that you do not appear to have permission to distribute. For example, images related to films are most likely protected by the various studios that produced and released them. It is reasonable to assume that these would not be made legally available in public domain or via Creative Commons as most studios are extremely protective of their intellectual property. The same could be said of images from various TV series…
This part of Google’s response refers to screenshots used in the app’s listing. They used to look something like this…
The images used here are only indicative of the app’s capabilities. Even if (obviously) unlicensed, the app doesn’t promise anything more than control of XBMC content. It doesn’t promise access to studios’ offerings or otherwise act as a movie/TV show portal. In this context, the movie posters displayed in the screenshots would appear to fall under “fair use.” Google’s response to Yatse indicates that, even with a human now involved, the Play Store won’t tolerate the use of unlicensed images in “promotional” screenshots.In fact, fair use isn’t even discussed. Instead, Google asked Yatse to prove ownership of the disputed artwork before the app could be relisted.
If you are able to prove otherwise, either via direct authorization from a studio representative or the location where you sourced these images (public domain and/or Creative Commons), we could review that information and reconsider the merits of this case.
The motivating factor for this non-consideration is potential litigation, according to the Google Play Team.
This may represent a change from two years ago in that most studios today will file complaints over use of their content unless someone has entered into an agreement with them on some level, and that should not come as a surprise to you.
Even with a direct response, there are still some gray areas the developer is left to address himself.
We are unable to provide specific guidance as to which images may be allowed, but we trust that you will use your best judgment based on what we have mentioned above and in previous communications.
As Yatse points out, this isn’t good news for developers.
The answer is very interesting for all Google Play developers :
– Google will remove your application on suspicions and not on real facts.
– No human will check what you upload or say.
– It’s nearly impossible to have a real contact and support.
– You need to try to fix problem yourself without details and hope to have it fixed before ban. (Very hard when in fact there’s no problem)Google Play has moved to preemptive takedowns, unprompted by studio complaints. This isn’t a good thing. It may protect Google (but only slightly, considering the studios’ ongoing antipathy towards the tech company) but it does nothing for developers whose sales it takes a portion of.
In response, Yatse has swapped out the offending artwork for CC-licensed and public domain works. But even that wasn’t enough for the Google bots. Those images had to be removed before his app was approved for relisting.
#Yatse is now back on Play Store, without any images until I can figure out what the Google bot does not like in open sources ones.
This understandably limits his options and makes it much harder to convey the app’s functionality. Here are the screenshots currently available at Google Play, which show that Yatse (the app) is probably some sort of remote control program and has some color options.
So, based on no complaints from studios or other rights holders, an app comes down. And even with the use of properly-licensed images, it fails to be reinstated. And throughout all of the discussions, fair use isn’t mentioned a single time. That’s the reality of preemptive IP policing, and it’s unlikely to change anytime soon.
Popular Torrent and Streaming Sites Blocked in Denmark
For nearly a decade Denmark has been a testbed for pirate site blockades. The first blocks were ordered back in 2006 after music industry group IFPI filed a complaint targeting the Russian MP3 sites AllofMP3 and MP3sparks.
Not much later Denmark became the first European country to force an ISP to block access to The Pirate Bay.
After some small additions during the years that followed, a Danish Court has now ordered another round of pirate site blocks, the largest one thus far.
Following a complaint from the local Rights Alliance (RettighedsAlliancen) group the blocklist was updated with 12 popular torrent, streaming and MP3 download sites.
The new domains are free-tv-video-online.me, watchseries.lt ,solarmovie.is, tubeplus.me, mp3vip.org, rarbg.com, extratorrent.cc, isohunt.to, eztv.ch, kickass.to, torrentz.eu and music-bazaar.com.
Due to a recent agreement the sites will be blocked by all ISPs, even those not mentioned in the lawsuit. Late last year Rights Alliance and the telecommunications industry signed a Code of Conduct which ensures that blockades are put in place country-wide.
Texas Bill Would Make It Illegal for You to Film a Cop Beating You
Section 38.15 of the Texas Penal Code makes it an offense to interrupt, disrupt, impede, or otherwise interfere with “public duties,” including those being exercised by a police officer. That’s the law pretty much everywhere, of course, but the question that has arisen in recent years is whether you are “interfering” (etc.) with a police officer just because you are recording what he or she is doing.
Actually, that’s not a serious question, it’s just something bad cops say because they don’t want to be recorded. The argument boils down to, “I had to stop what I was doing and come over and kick your ass because you were recording me, and you therefore interrupted my exercise of a public duty.” It’s a hilariously bad argument that way too many officers have gotten away with.
The Texas statute doesn’t say anything specific about recording, although it does say a person can’t be prosecuted if the interfering acts “consisted of speech only.” That would probably also cover “expressive conduct” (i.e., the middle finger) which also counts as speech under the First Amendment, but what about recording? Yes, say courts who don’t hate freedom, that’s protected too because it is “fundamental and virtually self-evident” that the reason for the recording is so you have proof when you tell somebody what happened. It is therefore unconstitutional to punish someone for doing that, whether via criminal prosecution or the more expedited procedure of just shooting them.
Okay, now along comes Rep. Jason Villalba (R-Dallas) with H.B. 2918. This bill would amend section 38.15 to expressly include within the definition of “interference” the conduct of “filming, recording, photographing, or documenting the officer within 25 feet of the officer,” or doing so “within 100 feet of the officer” if you are also carrying a concealed handgun.
Of course, the officer is always going to be “within 25 feet of the officer,” but let’s assume he meant to say that the person doing the filming must stay more than 25 feet away. (The 100-foot distinction makes no sense to me either, but let’s set that aside.) Villalba says the provision is only meant to provide a buffer zone—or as he insists on putting it, a “halo”—around police officers so they can do their jobs without interference. But the law already precludes actualinterference, so this provision adds nothing in that sense. And by legally defining any recording within 25 feet as “interference,” it plainly authorizes police to arrest anyone who’s doing that, whether they are actuallyinterfering or not.
Metadata laws pass so it’s time to STOP READING LISTICLES –
This is why metadata collection can come back to harm you…
Rugby player Sonny Bill Williams is a role model for many, a fact that’s not gone un-noticed by the purveyors of a dubious fitness supplement who’ve created an ad that looks an awful lot like a news story about the athlete. Williams has nothing to do with the ad or the product. He’s just been used to get people clicking. And if you do click on the link to the “story”, you’re taken to a page on which you’re offered the chance to buy the supplement.
Once you’ve done so, Australia’s law enforcement authorities will soon have evidence that you’ve visited a site involved in the distribution of probably-not-entirely-legal substances.
That’s not enough to convict you. But if law enforcement authorities are investigating the importation of such substances, the fact that you once succumbed to a clickbait headline in order to read some gossip means you’re suddenly more worthy of investigation.
Welcome to the age of metadata retention, in which clickbait can incriminate you.
Salesforce abandons all future Indiana plans following passage of SB 101
On Thursday, Salesforce CEO Marc Benioff announced plans to avoid the state of Indiana for any future company events following the passage of that state’s Religious Freedom Restoration Act.
“Today we are canceling all programs that require our customers/employees to travel to Indiana to face discrimination,” Benioff wrote on his personal Twitter account. He then emphasized his “employees’ and customers’ outrage” over the bill and said that he would “dramatically reduce” the company’s investment in Indiana as a result.
Benioff spent much of Thursday posting links to stories about the bill’s passage, most of which referred to its discriminatory aspects and its potential negative impact on Indiana’s LGBTQ community. He also urged technology CEOs to “pay attention to what is happening in Indiana and how it will impact your employees and customers.”