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Gonzalo San Gil, PhD.

Judge: IP-Address Doesn't Identify a Movie Pirate | TorrentFreak - 1 views

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    "In a prominent ruling Florida District Court Judge Ursula Ungaro refused to issue a subpoena, arguing that IP-address evidence is not enough to show who has downloaded a pirated movie."
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    "In a prominent ruling Florida District Court Judge Ursula Ungaro refused to issue a subpoena, arguing that IP-address evidence is not enough to show who has downloaded a pirated movie."
Gonzalo San Gil, PhD.

Music Group Wants ISPs to Spy on Customers to Stop Piracy | TorrentFreak [# ! Note] - 0 views

    • Gonzalo San Gil, PhD.
       
      # ! #WARNING: '#Spying' goes far beyond of 'combating' 'Piracy' # ! it is connivence with political and economical powers to # ! #snoop citizens' lives...
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    [ Andy on March 24, 2015 C: 0 Breaking In a response to the draft code tabled to deal with the Australian online-piracy problem, some of the world's largest music publishers have presented a set of draconian measures. ISPs should not only use technology to spy on their own customers, but also to proactively block access to infringing content and websites. ...]
Gonzalo San Gil, PhD.

4shared Wins Court Case to Overcome Piracy Blockade - TorrentFreak - 0 views

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    " Ernesto on February 19, 2016 C: 12 Breaking Popular file-hosting service 4shared has won a court case against the South Korean authorities who placed the site on a national piracy blocklist. While 4shared's users occasionally host pirated files, the court concludes that it can't be seen as a service that is setup specifically to facilitate copyright infringement."
Gonzalo San Gil, PhD.

Universal & Warner Defeated in vKontakte Piracy Battles - TorrentFreak - 0 views

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    Universal and Warner Music have been handed defeats in legal battles with Russia-based social networking site vKontakte. An earlier ruling that the platform must use "effective measures" to bring piracy under control has been overturned, with the Court maintaining that vKontakte is not liable for infringements on its service.
Gonzalo San Gil, PhD.

RIAA and Tech Giants Clash In Usenet Piracy Case - TorrentFreak - 0 views

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    The RIAA has joined adult publisher Perfect 10 in its appeal against Giganews. Both argue that the Usenet service is directly liable for the blatant copyright infringements on its service. Giganews is supported by several digital rights groups and tech companies, who fear that the RIAA's request endangers a free and open Internet.
Gonzalo San Gil, PhD.

Australian ISP Rejects 'Pirate Site' Blocking Attempt - TorrentFreak - 0 views

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    " Ernesto on November 20, 2015 C: 19 Breaking A small Australian Internet provider is refusing to block a website that allegedly infringes on the copyrights of a local construction company. Lawyers demanded a blockade citing Australia's new anti-piracy legislation, but the ISP believes that it's an attempt to bypass a law which is already flawed."
Gonzalo San Gil, PhD.

If You Hate the Safe Harbor for Internet Piracy, Sign This Petition. - Digital Music NewsDigital Music News - 0 views

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    "Several significant copyright milestones were reached earlier this year. The first key movement was that Congressional hearings began on reforming the copyright law. "
Gonzalo San Gil, PhD.

No Pirate Bay Blockade in Sweden, Court Rules - TorrentFreak - 0 views

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    " Andy on November 27, 2015 C: 27 Breaking After deliberating for almost a month the Stockholm District Court has decided that copyright holders can not force a Swedish ISP to block the The Pirate Bay. The Court found that Bredbandsbolaget's operations do not amount to participation in the copyright infringement offenses carried out by some of its 'pirate' subscribers."
Gonzalo San Gil, PhD.

Linking to pirated material doesn't infringe copyright, says top EU court lawyer | Ars Technica UK [# ! Via] - 0 views

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    "Key question is whether the Court of Justice of the European Union agrees with him. by Glyn Moody - Apr 7, 2016 10:08 am UTC"
Gonzalo San Gil, PhD.

U.S. Judge: Advertiser Is Not Liable for Pirate Sites - TorrentFreak - 1 views

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    " Ernesto on October 5, 2016 C: 34 Breaking Advertising network JuicyAds has scored an early victory at a California federal court. In a tentative ruling, District Court Judge George Wu says he will grant a motion to dismiss the complaint from adult entertainment publisher ALS Scan. This would mean that the advertiser is not liable for the infringements of any pirate sites it does business with."
Gonzalo San Gil, PhD.

Judge: Vague IP-Address Evidence is Not Enough to Expose BitTorrent 'Pirates' - TorrentFreak - 1 views

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    " By Ernesto on October 4, 2016 C: 47 News A California federal court has thrown up a roadblock for filmmakers who want to obtain the personal details of an alleged BitTorrent pirate. The judge refused to issue a subpoena, twice, because it's not clear if the rightsholder obtained the geolocation details at the time of the infringement or after the fact."
Gonzalo San Gil, PhD.

Watching Pirate Streams Isn't Illegal, EU Commission Argues - TorrentFreak - 1 views

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    " Ernesto on October 1, 2016 C: 38 News This week the European Court of Justice heard a crucial case that will give more clarity on the infringing nature of unauthorized streaming. Dutch anti-piracy group BREIN and the Spanish authorities argued that offering or watching pirate streams is a violation of the EU Copyright Directive. However, the European Commission believes that consumers who watch unauthorized streams are not breaking the law."
Paul Merrell

Latest ChatGPT lawsuits highlight backup legal theory against AI platforms | Reuters - 1 views

  • In the plethora of copyright lawsuits against artificial intelligence developers, a pair of complaints filed on Wednesday against OpenAI and related defendants stands out.Unlike most of the authors, artists and news organizations that have sued AI developers, The Intercept Media, opens new tab and Raw Story Media, opens new tab are not alleging straightforward copyright infringement claims. The media companies are instead asserting only that OpenAI and its co-defendants violated the Digital Millennium Copyright Act, or DMCA, deliberately undermining their copyrights by stripping identifying information out of articles used to train the AI system behind the popular chatbot ChatGPT.As my Reuters colleague Blake Brittain reported on Wednesday, the 1998 federal DMCA statute prohibits the removal of information that can help copyright holders detect infringement, including article titles, author names and copyright dates.
Paul Merrell

Google book-scanning project legal, says U.S. appeals court | Reuters - 0 views

  • A U.S. appeals court ruled on Friday that Google's massive effort to scan millions of books for an online library does not violate copyright law, rejecting claims from a group of authors that the project illegally deprives them of revenue.The 2nd U.S. Circuit Court of Appeals in New York rejected infringement claims from the Authors Guild and several individual writers, and found that the project provides a public service without violating intellectual property law.
  • Google argued that the effort would actually boost book sales by making it easier for readers to find works, while introducing them to books they might not otherwise have seen.A lawyer for the authors did not immediately respond to a request for comment.Google had said it could face billions of dollars in potential damages if the authors prevailed. Circuit Judge Denny Chin, who oversaw the case at the lower court level, dismissed the litigation in 2013, prompting the authors' appeal.Chin found Google's scanning of tens of millions of books and posting "snippets" online constituted "fair use" under U.S. copyright law.A unanimous three-judge appeals panel said the case "tests the boundaries of fair use," but found Google's practices were ultimately allowed under the law. "Google’s division of the page into tiny snippets is designed to show the searcher just enough context surrounding the searched term to help her evaluate whether the book falls within the scope of her interest (without revealing so much as to threaten the author’s copyright interests)," Circuit Judge Pierre Leval wrote for the court.
  • The 2nd Circuit had previously rejected a similar lawsuit from the Authors Guild in June 2014 against a consortium of universities and research libraries that built a searchable online database of millions of scanned works.The case is Authors Guild v. Google Inc, 2nd U.S. Circuit Court of Appeals, No. 13-4829.
Gonzalo San Gil, PhD.

U.S. Government Sued for Software Piracy, Maker Claims $600m - TorrentFreak - 0 views

    • Gonzalo San Gil, PhD.
       
      [ # ! The '#IntellectuaProperty W@rld #Guardian!" #SUED for '#Copyright #Infringement'... # ! :D Ha, Ha! # ! 8-) and it won't be the last one...] # ! :/ ]
Paul Merrell

Race to Introduce Fascist Internet Regulations in Russia Continues - Now under the Banner of Child Protection - nsnbc international | nsnbc international - 0 views

  • Russian lawmaker Vitaly Milonov, on Monday, proposed a bill aimed to ban children under the age of 14 from social media. Although the bill is touted under the banner of child protection, it also aims to introduce the mandatory submission of passport data. In January Russia introduced semi-fascist regulations to severely curb the rights of bloggers and independent media.
  • Vitaly Milnov, generally known for being ultra-conservative, introduced the controversial bill on Monday. Touting the bill under the banner of wanting to protect children and limit their access to social media the bill has far deeper implications. Parents could very well self-regulate their children’s access to social media. The bill, however, implies that it would become mandatory for social media users to submit their passport data. Moreover, the bill also proposes that the use of pseudonyms will be banned. The proposed legislation also aims to introducing strict rules, requiring two-party consent before the publication of screenshots of online correspondence. The bill reads, among others: “Social networks create a special virtual world where a person spends significant part of their life, contacting other people and essentially doing everything that they would do in real world. This world can’t be left unregulated by law. Especially now, when growing number of users are falling victim to different types of fraud.” Even though Milonov is generally viewed as ultra-conservative, there are about 62 percent of Russians who according to polls support the ban of social networks for children while 39 percent supported using passport data to create an online account, a poll by the state-funded pollster VTsIOM revealed Monday.
  • Social media has come under intense scrutiny in Russia in recent months. Disturbingly, there are very few Russians who have received independent information about the not so overtly advertised implications of this scrutiny, of the proposed bill, and of plans to create a “Russian internet” to filter “unwanted foreign content. Russia also cracks down on independent bloggers and journalists. On January 1, 2016 the Russian Federation implemented amendments to laws that further censor the internet and potentially independent media. These laws are being sold under the guise of empowering internet users and the right to protect personal information. The amendments follow legislation from 2014 that infringed on the rights of bloggers.
Paul Merrell

Stop The Trap | OpenMedia International - 1 views

  • Right now, a group of 600 industry lobbyist "advisors" and un-elected government trade representatives are scheming behind closed doors1,2 to craft an international agreement called the Trans-Pacific Partnership (TPP). Why the secrecy? We know from leaked documents3 that the TPP includes what amounts to an Internet trap that would:
  • Criminalize4 some of your everyday use of the Internet, Force service providers to collect and hand over your private data without privacy safeguards5, and Give media conglomerates more power to fine you for Internet use,6 remove online content—including entire websites—and even terminate7 your access to the Internet. Create a parallel legal system of international tribunals that will undermine national sovereignty and allow conglomerates to sue countries for laws that infringe on their profits.
  • The TPP's Internet trap is secretive, extreme, and it could criminalize your daily use of the Internet. We deserve to know what will be blocked, what we and our families will be fined for. If enough of us speak out now, we can force participating governments to come clean. Your signature will send a message to leaders of participating countries. 8
  • ...1 more annotation...
  • Please sign our petition to make your objection heard. 100,635 people have signed (and counting).
Paul Merrell

2nd Cir. Affirms That Creation of Full-Text Searchable Database of Works Is Fair Use | Bloomberg BNA - 0 views

  • The fair use doctrine permits the unauthorized digitization of copyrighted works in order to create a full-text searchable database, the U.S. Court of Appeals for the Second Circuit ruled June 10.Affirming summary judgment in favor of a consortium of university libraries, the court also ruled that the fair use doctrine permits the unauthorized conversion of those works into accessible formats for use by persons with disabilities, such as the blind.
  • The dispute is connected to the long-running conflict between Google Inc. and various authors of books that Google included in a mass digitization program. In 2004, Google began soliciting the participation of publishers in its Google Print for Publishers service, part of what was then called the Google Print project, aimed at making information available for free over the Internet.Subsequently, Google announced a new project, Google Print for Libraries. In 2005, Google Print was renamed Google Book Search and it is now known simply as Google Books. Under this program, Google made arrangements with several of the world's largest libraries to digitize the entire contents of their collections to create an online full-text searchable database.The announcement of this program triggered a copyright infringement action by the Authors Guild that continues to this day.
  • Part of the deal between Google and the libraries included an offer by Google to hand over to the libraries their own copies of the digitized versions of their collections.In 2011, a group of those libraries announced the establishment of a new service, called the HathiTrust digital library, to which the libraries would contribute their digitized collections. This database of copies is to be made available for full-text searching and preservation activities. Additionally, it is intended to offer free access to works to individuals who have “print disabilities.” For works under copyright protection, the search function would return only a list of page numbers that a search term appeared on and the frequency of such appearance.
  • ...3 more annotations...
  • Turning to the fair use question, the court first concluded that the full-text search function of the Hathitrust Digital Library was a “quintessentially transformative use,” and thus constituted fair use. The court said:the result of a word search is different in purpose, character, expression, meaning, and message from the page (and the book) from which it is drawn. Indeed, we can discern little or no resemblance between the original text and the results of the HDL full-text search.There is no evidence that the Authors write with the purpose of enabling text searches of their books. Consequently, the full-text search function does not “supersede[ ] the objects [or purposes] of the original creation.”Turning to the fourth fair use factor—whether the use functions as a substitute for the original work—the court rejected the argument that such use represents lost sales to the extent that it prevents the future development of a market for licensing copies of works to be used in full-text searches.However, the court emphasized that the search function “does not serve as a substitute for the books that are being searched.”
  • The court also rejected the argument that the database represented a threat of a security breach that could result in the full text of all the books becoming available for anyone to access. The court concluded that Hathitrust's assertions of its security measures were unrebutted.Thus, the full-text search function was found to be protected as fair use.
  • The court also concluded that allowing those with print disabilities access to the full texts of the works collected in the Hathitrust database was protected as fair use. Support for this conclusion came from the legislative history of the Copyright Act's fair use provision, 17 U.S.C. §107.
Gonzalo San Gil, PhD.

MPAA Complained So We Seized Your Funds, PayPal Says | TorrentFreak - 1 views

    • Gonzalo San Gil, PhD.
       
      # ! ... and what happens with the hundreds of -non-IP-Infringement-related projects...?
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    [ Andy on May 17, 2015 C: 0 Breaking Developers considering adding a torrent search engine to their portfolio should proceed with caution, especially if they value their income streams. Following a complaint from the MPAA one developer is now facing a six month wait for PayPal to unfreeze thousands in funds, the vast majority related to other projects. ...]
Gonzalo San Gil, PhD.

Rightscorp Offered Internet Provider a Cut of Piracy Settlements | TorrentFreak [# Note] - 0 views

    • Gonzalo San Gil, PhD.
       
      # Hollywood 1 - 0 Silicon Valley (# ! ...and What about 47 U.S. Code § 551 - Protection of subscriber privacy...?)
    • Gonzalo San Gil, PhD.
       
      [... Despite the strong language and extortion accusations used by Cox, the revelations didn't prevent the Court from granting copyright holders access to the personal details of 250 accused copyright infringers. ...]
    • Gonzalo San Gil, PhD.
       
      # ! Rightscorp abetting Cox in a case of conspiracy to commit extortion...
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    Ernesto on May 25, 2015 C: 0 Breaking Rightscorp, the piracy monetization company that works with Warner Bros. and other prominent copyright holders, goes to great lengths to reach allegedly pirating subscribers. The company offered Cox Communications a cut of the piracy settlements if they agreed to forward their notices, the ISP revealed in court. (# see Hobbs Act Note...)
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    Ernesto on May 25, 2015 C: 0 Breaking Rightscorp, the piracy monetization company that works with Warner Bros. and other prominent copyright holders, goes to great lengths to reach allegedly pirating subscribers. The company offered Cox Communications a cut of the piracy settlements if they agreed to forward their notices, the ISP revealed in court. (# see Hobbs Act Note...)
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