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Das Zenbook 14 UM425IA ist schnell und läuft lange, bei den Anschlüssen hat Asus jedoch eine fragwürdige Entscheidung getroffen. (Asus, Ultrabook)
Die Mobilität war zu Beginn der Pandemie um bis zu 90 Prozent eingebrochen, jetzt wird wieder der Vor-Corona-Level erreicht, aber die lange propagierten öffentlichen Verkehrsmittel werden nicht mehr so häufig genutzt
Die Focals-Smartglasses waren bisher kein Erfolg, dennoch soll North für 180 Millionen US-Dollar an Alphabet gehen. (Smartglass, Google)
Die Focals-Smartglasses waren bisher kein Erfolg, dennoch soll North für 180 Millionen US-Dollar an Alphabet gehen. (Smartglass, Google) In April, a coalition of entertainment companies headed up by Universal, Paramount, Columbia, Disney and Amazon sued ‘pirate’ IPTV provider Nitro TV. In an answer to the complaint, Nitro’s operator states that since Amazon profits from sales of ‘pirate’ IPTV packages on its platform, the action should be barred.
From: TF, for the latest news on copyright battles, piracy and more.
Early April, companies owned by Columbia, Amazon, Disney, Paramount, Warner, and Universal filed a lawsuit in a California district court targeting ‘pirate’ IPTV provider Nitro TV and alleged operator Alejandro Galindo.
The complaint alleged that Nitro TV offered subscription packages consisting of thousands of “live and title-curated television channels” throughout the United States and abroad, available via the web, mobile devices, and smart TVs.
“Defendants’ unlawful conduct in operating Nitro TV directly and willfully subverts that ecosystem through pursuit of illicit profits from massive and blatant infringement of Plaintiffs’ Copyrighted Works,” the lawsuit added.
Central to the case are Nitro TV’s ’24/7′ channels, offering TV shows such as Friends and Peaky Blinders plus movies including Spider-Man and Captain America. The companies alleged direct copyright infringement, demanding $150,000 per infringed work or, in the alternative, contributory copyright infringement in the same amount.
The plaintiffs further demanded preliminary and permanent injunctions, the former of which was granted by the Court in May.
It took a while but Alejandro Galindo has now filed his answer to the complaint. It features broad denials to the vast majority of the plaintiffs’ allegations but then goes on to list 12 affirmative defenses, beginning with the assertion that the complaint fails to state a claim for which relief can be granted against the defendant.
However, things start to get interesting when moving to other defenses, with Galindo claiming that the plaintiffs failed to mitigate damages and have ‘unclean hands’. The basis for the claims appear to be that Amazon allegedly allows sellers of ‘pirate’ IPTV packages to distribute their products via the Amazon sales platform.
“Plaintiff has failed to mitigate their damages and is engaged in selective enforcement as there are 100’s if not thousands of IPTV sellers on the Amazon website. Meaning, Amazon profits from the alleged wrongdoing and have known about this for a long time,” the answer reads.
“Defendant’s actions were innocent in nature and not willful or with an intent to injure. Plaintiff Amazon creates a situation where it sanctions IPTV services leading the average ordinary person to believe there is nothing wrong in acting as a seller or reseller of their services,” it adds, noting that there had never been any “culpable intent” by Galindo.
Claiming that each cause of action is barred in whole or in part under the doctrine of Estoppel and Waiver, Galindo’s answer states that Amazon’s alleged profiting from the sale of ‘pirate’ IPTV subscriptions implies authorization of such products.
“Plaintiff are profiting from the conduct they allege is illegal and allow others to continue to sell IPTV services on their website thus encourage, aiding, abetting, ratifying and consenting to the alleged wrongful conduct,” it states.
Finally, the answer notes that Nitro is protected under the safe harbor provisions of the DMCA but at this stage provides no reasons as to why that should be the case. Galindo demands a trial by jury so in the meantime, the parties will engage in a discovery process that will entail picking Nitro apart with a fine toothcomb.
The answer to complaint and subsequent filings can be found here (1,2,3, pdf)
From: TF, for the latest news on copyright battles, piracy and more.
Zur Entstehung einer neuen Medienkritik aus der Mitte der Gesellschaft – Teil 3
In der medizinischen Fachzeitschrift “The Lancet” warnen mehr als 200 angesehene Ärzte und Psychologen aus 33 Ländern, dass Verantwortliche in Großbritannien für die Folter zur Verantwortung gezogen werden können
Wie sollen wir die ganz normalen Grippeinfizierten in Zukunft behandeln, wo wir doch versucht haben, jeden einzelnen Covid-19-Patienten zu retten?
Canada’s Federal Court of Appeal is allowing several high-profile groups and organizations to intervene in the country’s first pirate site blocking case. This includes rightsholder representatives including IFPI and the Premier League, as well as blocking opponents such as Canada’s domain registry and CIPPIC. In a novel ruling, parties with a similar stance are instructed to work together to file joint submissions.
From: TF, for the latest news on copyright battles, piracy and more.
Last year Canada’s Federal Court approved the first pirate site blocking order in the country.
Following a complaint from major media companies Rogers, Bell and TVA, the Court ordered several major ISPs to block access to domains and IP-addresses of the pirate IPTV service GoldTV.
There was little opposition from Internet providers, except for TekSavvy, which quickly announced that it would appeal the ruling. The blocking injunction threatens the open Internet to advance the interests of a few powerful media conglomerates, the company said.
Soon after, the landmark case also drew the interest of several third parties that all wanted to have their say. These include copyright holder groups, which are in favor of site blocking, as well as legal experts, civil rights activists, and the Canadian domain registry, which oppose the injunction.
All groups shared their arguments with the Federal Court, asking to be officially heard. This week, the Court granted this request, but with a twist.
In a sixteen-page order (pdf), Justice David Stratas applauds his own Court for various procedural innovations, the current case included. The overall conclusion is that all six groups are allowed to intervene. However, some will have to work together to come up with a joint filing.
The Court has divided the interveners into three groups. The first includes rightsholder representatives such as Music Canada, IFPI, which already filed a joint submission, the Premier League, and representatives from the local movie industry. These are all in favor of site blocking.
The second group consists of the University of Ottowa’s legal clinic CIPPIC and the Canadian Internet Registration Authority. These are both against site blocking. That’s also true for the third ‘group,’ the British Columbia Civil Liberties Association, whose opposition mainly revolves around freedom of expression.
“Allowing all six to intervene separately with separate counsel would result in lack of economy and duplication,” Justice Stratas notes, adding that the collaborations will “create useful synergies and a more compact submission.”
The order is also rather critical at times. For example, the initial submission from the British Columbia Civil Liberties Association is described as “problematic” and “rather vague” when it comes to international law.
Also, the order stresses that the intervening parties are not allowed to bring up new evidence or make statements without supporting evidence. Again, this comes with a sting, although it’s not clear who this is directed at.
“We enforce this strictly and for good reason. We have seen some try to dupe us by smuggling academic articles containing untested social science evidence into a book of authorities,” Justice Stratas writes.
“We have seen others try to slide submissions of mixed fact and law past us without any supporting facts in the evidentiary record,” he adds.
TorrentFreak reached out to several of the parties involved for a comment on the ruling. None of the copyright holder groups we contacted responded, but the counsel of CIPPIC informed us that the clinic is happy with the order.
“CIPPIC is pleased to have been afforded the opportunity to speak to the important legal issues raised in this case, which is the first of its kind in Canada,” CIPPIC counsel James Plotkin tells us.
“CIPPIC’s position is that, given the balance struck in the copyright act and the legislated role of intermediaries therein, site blocking orders are not the sort of remedy courts should grant, and certainly not on an interlocutory basis.”
From: TF, for the latest news on copyright battles, piracy and more.
Passwords, bitcoin addresses and anything else in clipboards are free for the taking.
Enlarge (credit: Wiyre Media / Flickr)
In March, researchers uncovered a troubling privacy grab by more than four dozen iOS apps including TikTok, the Chinese-owned social media and video-sharing phenomenon that has taken the Internet by storm. Despite TikTok vowing to curb the practice, it continues to access some of Apple users’ most sensitive data, which can include passwords, cryptocurrency wallet addresses, account-reset links, and personal messages. Another 53 apps identified in March haven't stopped either.
The privacy invasion is the result of the apps repeatedly reading any text that happens to reside in clipboards, which computers and other devices use to store data that has been cut or copied from things like password managers and email programs. With no clear reason for doing so, researchers Talal Haj Bakry and Tommy Mysk found, the apps deliberately called an iOS programming interface that retrieves text from users’ clipboards.
In many cases, the covert reading isn’t limited to data stored on the local device. In the event the iPhone or iPad uses the same Apple ID as other Apple devices and are within roughly 10 feet of each other, all of them share a universal clipboard, meaning contents can be copied from the app of one device and pasted into an app running on a separate device.
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The latest version of the popular Linux Mint operating system is here and Linux Mint 20 “Ulyana” brings a handful of new features including a new tool called Warpinator that makes it easy to quickly share files with other computers connecte…
Das Zenbook 14 UM425IA ist schnell und läuft lange, bei den Anschlüssen hat Asus jedoch eine fragwürdige Entscheidung getroffen. (
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