Dallas Buyers Club Face Court Sanctions Over Piracy “Extortion” Tactics

The makers of the Oscar-winning movie Dallas Buyers Club are facing monetary sanctions for the dubious tactics used in their ongoing crackdown on BitTorrent pirates. In California, a local resident is arguing that the filmmakers lack any evidence other than an IP-address, while requesting a monetary penalty of $36,000 for their “extortion” tactics.

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dallasThe makers of Dallas Buyers Club have sued thousands of BitTorrent users over the past few years.

Many of these cases end up being settled for an undisclosed amount. This usually happens after the filmmakers obtain the identity of the Internet account holder believed to have pirated the movie.

Not all alleged downloaders are eager to pay up though. In fact, many don’t respond to the settlement letters they receive or claim that someone else must have downloaded the film using their connection.

This is also true for the case Dallas Buyers Club (DBC) filed against California resident Michael Amhari.

Earlier this year the filmmakers claimed that Amhari downloaded a pirated copy of the movie after he was linked to a “pirating” IP-address. Dallas Buyers Club’s attorney demanded a settlement of $10,000 and warned that “the price would go up” if he didn’t pay up soon enough.

Amhari, however, denied the allegations and explained that he lived in an apartment residence at San Diego State University with an open Wi-Fi connection. Nevertheless, the movie studio pursued its claim and increased the settlement demand to $14,000.

He continued to deny any involvement and even agreed to take a polygraph test to prove it, as DBC suggested. However, the filmmakers later retracted this offer and moved for a default judgment instead.

This judgment was set aside earlier this month and now the alleged “pirate” is pushing back in court.

Through his lawyer, Amhari is now asking for the case to be dismissed due to lack of evidence, as well as an award of attorney fees and monetary sanctions for DBC’s abuse tactics in these and other cases.

“Plaintiff has utilized extortion tactics by progressively demanding more money from defendant on each successive conversation with defense counsel and through emails, based on plaintiff’s costs and attorney fees,” attorney Clay Renick writes.

In his argument (pdf), Renick cites DBC’s own words, as they previously admitted that “Ahmari may not be the actual infringer as he shared a student apartment with other individuals.”

Despite this knowledge, they continued their case against Amhari.

“Despite the warning from the Court, Plaintiff moved forward to aggressively and maliciously name defendant in a manner that constitutes libel against defendant,” Amhari’s attorney writes.

As a result of the allegations, the accused pirate had to spend thousands of dollars on legal fees. According to the defense lawyer, however, it is clear that DBC doesn’t have any evidence linking his client to the actual download.

“It is uncontroverted that the sole basis of plaintiff’s lawsuit was that defendant was a subscriber to the IP address of which a movie was supposedly downloaded,” Renick writes.

“Plaintiff seems to believe that conflating a subscriber’s IP address to being the actual infringer should shield him from liability for those libelous statements and unethical actions to extort money from defendant,” the attorney adds.

Based on the lack of evidence, Amhari is asking the court to dismiss the case. In addition, he is requesting $12,000 in attorney fees and a monetary penalty of $36,000 for the coercive tactics used in this and other cases.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Below 64°F, European diesels emit nitrogen oxide at an alarming rate, report says

Automakers take advantage of loopholes in European rules to become polluters.

According to a testing company called Emissions Analytics, many diesel vehicles on the road in the European Union are emitting much more nitrogen oxide (NOx) than expected at temperatures below 18 degrees Celsius (approximately 64 degrees Fahrenheit). While it’s public knowledge that automakers in the EU are allowed to kill the emissions control systems on their diesel vehicles in cold weather to prevent damage to the engine, it seems that “cold” has not been properly defined, and car engineers are taking advantage of that fact.

According to the BBC, Emissions Analytics tested 213 cars from 31 manufacturers and found that “millions of vehicles could be driving around much of the time with their pollution controls partly turned off.” Apparently, cars that adhere to the Euro 5 emissions control standard (which was announced in September 2009 but became mandatory in January 2011) are among the worst offenders. The more current Euro 6 cars did better on Emissions Analytics’ tests but also showed discrepancies at relatively warm temperatures.

While turning off the emissions control system can have benefits for the longevity of a diesel engine, it also can improve the car’s miles-per-gallon rating. That creates a tension between priorities—a car might release more NOx but get better gas mileage, cutting down on carbon dioxide (CO2) emitted. But NOx is a potent greenhouse gas, too, and auto manufacturers might be motivated to hide how their cars cause pollution by favoring a high mpg number while the car is still belching toxic NOx in order to market their cars to environmentally conscious customers.

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GOP cuts off US House cameras, so Democrats Periscope gun control sit-in

Rep. Scott Peters turns to social media to broadcast protest.

(credit: C-SPAN)

If there's anything that members of Congress can agree on, it's that they can't agree on anything. So on Wednesday, Democrats took to the House floor to stage a sit-in and protest their GOP counterparts' refusal to consider gun control legislation in the wake of the recent Orlando mass shooting.

The GOP's response was to cut the C-SPAN feed of the floor protest. House Speaker Paul Ryan, who controls the House C-SPAN feed, decided censorship was the proper route. But the C-Span feed was quickly restored via Twitter-owned Periscope from Rep. Scott Peters, a Democrat from California. Here is Peters' feed. The video is spotty.

The Democrats are urging gun legislation to land on the House floor. Hopefully Peters' mobile phone has a big battery, as about 40 House Democrats vowed "to occupy the floor of the House until there is action."

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Firm pays $950,000 penalty for using Wi-Fi signals to secretly track phone users

InMobi ad network, which reaches more than 1 billion devices, settles FTC charges.

(credit: Intel Free Press)

A mobile advertising company that tracked the locations of hundreds of millions of consumers without consent has agreed to pay $950,000 in civil penalties and implement a privacy program to settle charges that it violated federal law.

The US Federal Trade Commission alleged in a complaint filed Wednesday that Singapore-based InMobi undermined phone users' ability to make informed decisions about the collection of their location information. While InMobi claimed that its software collected geographical whereabouts only when end users provided opt-in consent, the software in fact used nearby Wi-Fi signals to infer locations when permission wasn't given, FTC officials alleged. InMobi then archived the location information and used it to push targeted advertisements to individual phone users.

Specifically, the FTC alleged, InMobi collected nearby basic service set identification addresses, which act as unique serial numbers for wireless access points. The company, which thousands of Android and iOS app makers use to deliver ads to end users, then fed each BSSID into a "geocorder" database to infer the phone user's latitude and longitude, even when an end user hadn't provided permission for location to be tracked through the phone's dedicated location feature.

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Deals of the Day (6-22-2016)

Deals of the Day (6-22-2016)

Sometimes you can score a good deal on a smartphone by picking one up when it’s on sale: and right now the Nexbit Robin is a good example. The phone has a list price of $399, but it’s currently on sale for $299.

Other times you can score a bargain by paying full price for a phone… because the seller throws in some valuable extras. And right now there are two pretty impressive examples.

Continue reading Deals of the Day (6-22-2016) at Liliputing.

Deals of the Day (6-22-2016)

Sometimes you can score a good deal on a smartphone by picking one up when it’s on sale: and right now the Nexbit Robin is a good example. The phone has a list price of $399, but it’s currently on sale for $299.

Other times you can score a bargain by paying full price for a phone… because the seller throws in some valuable extras. And right now there are two pretty impressive examples.

Continue reading Deals of the Day (6-22-2016) at Liliputing.

E3: Which Ars nation wore video games better this year?

Ars’ competing game critics pick triple-A stunners, indie gems on crowded show floor.

US vs UK: Which Ars country wore E3 better? We scoured the show floor for gems that didn't quite make our top-ten list. (video link)

Truth be told, Ars Technica walked into this year's Electronics Entertainment Expo (E3) with pretty low expectations. Before the doors opened, Nintendo and Sony had already confirmed that they wouldn't show off any brand-new consoles, and companies like Activision and EA excused themselves from the proceedings. But we still wound up discovering a ton of great stuff, mostly in the form of new games—so many, in fact, that we made our own War of 1812 out of it.

On E3's second day, Ars UK's Mark Walton proposed that I square off against him in a battle of international tastes with our camera crew in tow, and I obliged him. The premise was simple: which Ars nation could find cooler stuff on the E3 show floor? Spoiler alert: we both did fine, at least in terms of parsing the quality stuff from the hype.

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LIGO’s first black hole merger may have been 10 billion years in the making

Big, luminous stars might simply be blinking out of existence.

The LIGO detector has now seen at least two black hole mergers. The second merger it spotted was about what we would expect given a binary system of two massive stars. Both explode, leaving black holes behind that are just a bit more massive than the Sun; these later go on to merge.

But the first merger detected by LIGO was something rather unusual given that both black holes were around 30 times the Sun's mass. So far, we have not observed anything that could produce black holes in that mass range. Now, a new modeling study suggests that mergers with these sorts of masses might be common—but only if stars can collapse directly into a black hole without exploding first. This situation would require some of the Universe's most luminous stars to simply be winking out of existence.

The black holes involved in these mergers almost certainly began their existence as binary star systems. So in the new study, the authors performed a massive number of simulations of these systems using a modeling package called StarTrack. The simulations took into account the different amount of heavy elements present at different times in the Universe's existence—there are 32 different levels of heavy elements, and the team ran 20 million simulations at each of them. The simulations also took into account various models of the collapse of massive stars, as well as whether the process generated an asymmetrical force that could kick the resulting black hole into an energetic orbit.

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Kodi releases a Raspberry Pi Case… and Kodi 17 nightlies

Kodi releases a Raspberry Pi Case… and Kodi 17 nightlies

The Raspberry Pi is a small, inexpensive single-board computer that may have been designed for educators, students, and makers… but which has also proven popular among folks looking for a small, quiet computer that can be plugged into a TV.

You’ve been able to install software like the Kodi media center app for ages… and now you can give the tiny PC an official Kodi-themed case to boot. The Kodi team is selling the Raspberry Pi case for $20 (or £16).

Continue reading Kodi releases a Raspberry Pi Case… and Kodi 17 nightlies at Liliputing.

Kodi releases a Raspberry Pi Case… and Kodi 17 nightlies

The Raspberry Pi is a small, inexpensive single-board computer that may have been designed for educators, students, and makers… but which has also proven popular among folks looking for a small, quiet computer that can be plugged into a TV.

You’ve been able to install software like the Kodi media center app for ages… and now you can give the tiny PC an official Kodi-themed case to boot. The Kodi team is selling the Raspberry Pi case for $20 (or £16).

Continue reading Kodi releases a Raspberry Pi Case… and Kodi 17 nightlies at Liliputing.

Reddit users help feds nab graffiti vandal who defaced US national parks

Online outrage leads to woman’s prosecution. She is barred from US federal land.

Crater Lake National Park, Oregon, the site of some of Casey Nocket's vandalism. Story below includes links to some of the defacements. (credit: Howard Ignatius)

A woman who defaced national parks with graffiti was nabbed with the assistance of online outrage and, ultimately, the Reddit community.

The defendant, 23-year-old Casey Nocket from San Diego, was handed two years of probation and 200 hours of community service for using magic markers and acrylic paint (PDF) to deface rock formations in several national parks—from Death Valley in California to Zion National Park in Utah. The woman was also barred from all national parks and federal lands—which amounts to about one-fifth of the US.

Reddit users helped track down the woman who left the message "Creepytings" with her vandalism that occurred in 2014. What got her into trouble was her cavalier attitude about the vandalism on an Instagram post, which spread across the Internet and eventually to a hiking site and Reddit.

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What we can learn from Mighty No. 9’s troubled launch

Lessons from a Kickstarter success that became a launch day failure.

In the end, Mighty no. 9's launch couldn't live up to the optimism that's all over this colorful art.

Here at Ars Technica, we're used to crowdfunded projects failing to live up to expectations. Even by the standards of Kickstarter projects, though, this week's release of Mighty No. 9 is becoming a case study in launch debacles.

The full list of problems is quite lengthy, and middling to awful reviews for the game itself are just the start of it. Many backers and watchers began to worry last month when a tone-deaf, borderline insulting trailer showed a game with graphics reminiscent of those fan-made Net Yaroze games on the old PlayStation Underground discs.

A Eurogamer comparison video this week demonstrates that the final game looks markedly worse than the "evaluation test" showed to attract Kickstarter backers roughly three years ago. Considering the test footage reportedly took seven days to create and didn't have millions of crowdfunding dollars behind it yet, the difference is a bit baffling.

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