Month: January 2018

Eine Neuauflage der großen Koalition rückt näher. Trotz viel Kritik von Delegierten stimmt ein SPD-Parteitag für Verhandlungen mit CDU und CSU. Fraktionschefin Nahles will mit Kanzlerin Merkel und dem "blöden Dobrindt" nun verhandeln, "bis es quietscht". (Glasfaser, Vorratsdatenspeicherung)

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Ursprünglich sollte das Elektronische Gerichts- und Verwaltungspostfach (EGVP) Mitte Februar abgeschaltet werden. Das Debakel um das Besondere elektronische Anwaltspostfach (BeA) zwingt jedoch zum Umdenken. (Software, Java)

Außenminister Sigmar Gabriel befürchtet, dass Europa technisch zwischen den USA und Asien zerrieben wird. Gerade in China könne Big Data zudem zu Big Brother werden. (Privatsphäre, Datenschutz)

Einer EU-Studie zufolge werden in Deutschland 100 Prozent aller beanstandeten Beiträge in sozialen Netzwerken gelöscht. Und das nicht erst seit Inkrafttreten der Löschverpflichtung am 1. Januar 2018. Wozu also das NetzDG? (Netzwerkdurchsetzungsgesetz, Soziales Netz)

Fifteen years ago, the RIAA was contacting alleged file-sharers in the United States, demanding cash payments to make supposed lawsuits go away. In the years that followed, dozens of companies followed in their footsteps – not as a deterrent – but as a way to turn piracy into profit.

The practice is now widespread, not just in the United States, but also in Europe where few major countries have avoided the clutches of trolls. Germany has been hit particularly hard, with millions of cases. The UK has also seen tens of thousands of individuals targeted since 2006 although more recently the trolls there have been in retreat. The same cannot be said about Finland, however.

From a relatively late start in 2013, trolls have been stepping up their game in leaps and bounds but the true scale of developments in this Scandinavian country will probably come as a surprise to even the most seasoned of troll-watchers.

According to data compiled by NGO activist Ritva Puolakka, the business in Finland has grown to epidemic proportions. In fact, between 2013 and 2017 the Market Court (which deals with Intellectual Property matters, among other things) has ordered local Internet service providers to hand over the details of almost 200,000 Finnish Internet subscribers.

Published on the Ministry of Education and Culture website (via mikrobitti.fi) the data (pdf) reveals hundreds of processes against major Finnish ISPs.

Notably, every single case has been directed at a core group of three providers – Elisa, TeliaSonera and DNA – while customers of other ISPs seem to have been completely overlooked. Exactly why isn’t clear but in other jurisdictions it’s proven more cost-effective to hone a process with a small number of ISPs, rather than spread out to those with fewer customers.

Only one legal process is listed for 2013 but that demanded the identities of people behind 50 IP addresses. In 2014 there was a 14-fold increase in processes and the number of IP addresses targeted grew to 1,387.

For 2015, a total of 117 processes are listed, demanding the identities of people behind 37,468 IP addresses. In 2016 the trolls really upped their game. A total of 131 processes demanded the details of individuals behind 98,966 IP addresses. For last year, 79 processes are on the books, which in total amounted to 60,681 potential defendants in settlement cases.

In total, between 2013 and 2017 the Market Court ordered the ISPs to hand over the personal details of people behind a staggering 198,552 IP addresses. While it should be noted that each might not lead to a unique individual, the number is huge when one considers the potential returns if everyone pays up hundreds of euros to make supposed court cases go away.

But despite the significant scale, it will probably come as no surprise that very few companies are involved. Troll operations tend to be fairly centralized, often using the same base services to track and collect evidence against alleged pirates.

In the order they entered the settlement business in Finland the companies involved are: LFP Video Group LLC, International Content Holding B.V., Dallas Buyers Club LLC, Crystalis Entertainment UG, Scanbox Entertainment A/S, Fairway Film Alliance LLC, Copyright Collections Ltd, Mircom International Content Management, Interallip LLP, and Oy Atlantic Film Finland Ab.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

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Late last week, the Office of the US Trade Representative (USTR) released an updated version of its “Out-of-Cycle Review of Notorious Markets,” identifying some of the worst IP-offenders worldwide.

The overview is largely based on input from major copyright holders and related industry groups. While the US Government admits that it doesn’t make any judgments, the list carries a lot of weight and can hurt the image of companies that are singled out.

For some of the ‘classic’ pirate sites such as The Pirate Bay, this doesn’t really matter. On the contrary, they may see it as a badge of honor. However, for billion-dollar businesses such as Alibaba and VK, it’s a different story.

They are not at risk of being the target of a criminal prosecution, as some classic pirate sites are, but the listing will make them a hot topic on the political agenda.

Interestingly, it seems that not all countries are happy with seeing some of their top companies being singled out. When China’s commerce ministry spokesman Gao Feng was confronted with the fact that Alibaba and its Taobao.com site were listed, he made some noteworthy observations.

“In the report, the U.S. frequently discusses the relevant Chinese businesses with the words like ‘reportedly,’ ‘according to authoritative sources’ and the like,” Feng told the local press.

In its report, the US Government stressed that Alibaba should do more to combat counterfeiting and piracy on Taobao.com and other platforms, but China’s officials don’t seem convinced.

“It lacked conclusive evidence and had no relevant figures to back up its points. We have no choice but to express our doubts about the objectivity and reliability of the department that issued the report,” Feng added.

China’s commerce ministry has a point. The USTR report is compiled from comments that are provided by copyright holders. These are not thoroughly vetted, as far as we know, which doesn’t seem very objective.

Even more concerning, copyright holders often cite the USTR’s notorious markets list in legal and lobbying efforts, even though they are in essence their own findings in a rewritten form. While that may be very convenient, it can also be misleading.

Alibaba itself went a step further than the commerce ministry and noted that the company is being used as a “scapegoat” in a geopolitical game. In a detailed ten-page rebuttal, the marketplace responded to the allegations point by point.

“As a result of the rise of trade protectionism, Alibaba has been turned into a scapegoat by the USTR to win points in a highly-politicized environment and their actions should be recognized for what they are,” the company commented.

“The USTR’s actions made it clear that the Notorious Markets List, which only targets non-US marketplaces, is not about intellectual property protection, but just another instrument to achieve the US Government’s geopolitical objectives.”

Critique on the USTR’s Special 301 reports, which the Notorious Markets lists are part of, is not new. Earlier this year Canada’s Government described the process as flawed as it’s mainly driven by one-sided copyright industry claims.

“Canada does not recognize the validity of the Special 301 and considers the process and the Report to be flawed,” a Government memo read.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons