Tracker's Name : X-ite.me (XM) Genre : LGBTQ MOVIES / GENERAL / XXX Sign-up Link : https://x-ite.me/account-signup.php Additional information : X-ite.me (XM) is a Private Torrent Tracker for LGBTQ MOVIES / GENERAL / XXX

The Digital Economy Bill is currently at the report stage. It hasn't yet become law and could still be amended. However, as things stand those who upload any amount of infringing content to the Internet could face up to 10 years in jail. With the latest bill now published, we take a look at how file-sharers could be affected. This week, Members of Parliament debated the Report stage and Third Reading of the Digital Economy Bill in the House of Commons. The bill is broad in scope and has the ability to upset Internet users in a number of ways. As reported by The Guardian this week, if the bill passes web users in the UK will be banned from websites which portray certain sex acts, all of which are entirely legal between consenting adults in the country. Websites which fail to stop UK residents from viewing such content will be blocked. Here at TF we’ve been keeping an eye on the proposed changes to the Copyrights, Designs and Patents Act 1988 (CDPA) which will affect people who share copyrighted content online. As previously reported, the government’s main aim is to harmonize penalties for offline infringements with those carried out online, chiefly by upping the maximum penalty from two to ten years in prison. The latest bill published this week puts some additional meat on the bones. As things stand under current law, section 107 (criminal liability for making or dealing with infringing articles) reads as follows: The latest draft amendment makes no mention of carrying out infringement during the course of business. Instead, for a person to be held criminally liable for distribution (such as uploading), they only need to have reason to believe something infringes copyright while making a personal gain, a gain for someone else, or exposing a copyright owner to the mere risk of loss. In this context, the words ‘gain’ and ‘loss’ are very important. For the avoidance of doubt, the draft sets the bar as low as it can practically go. Similar amendments are proposed for section 198 of the CDPA, which deals with ‘Criminal liability for making, dealing with or using illicit recordings’. “These are recordings made without the consent of the performer (i.e. piracy or bootlegging). Bootlegging is the recording, duplication and sale of a performance such as a live concert stage performance without the permission of the performer,” a description from the Crown Prosecution Service reads. Like the amendments to section 107, gone are the references in current legislation to offenses carried out in the course of a business. Instead, the wording closely follows the section detailed above. In common with the amendments to section 107, to be found criminally liable an infringer will only need to expose a rightsholder to the risk of loss, not an actual loss. While at several points MPs have insisted that these legislative amendments won’t target the man in the street or the casual file-sharer, there appears to be nothing in the above that excludes a person who shares a single movie, song, or indeed bootleg recording, from being branded a criminal by the state. The full draft bill can be downloaded here (pdf, 180 pages) https://torrentfreak.com/ten-years-in-jail-for-uk-internet-pirates-how-the-new-bill-reads-161204/

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In recent weeks, French police targeted two huge torrent sites, What.cd followed by the even larger Zone-Telechargement. In an interview, the general secretary of anti-piracy outfit SACEM reveals further information about the latter, including arrests, seizure of overseas servers, real estate, and luxury cars. Two weeks ago and seemingly out of the blue, popular private music tracker What.cd went offline. French military police targeted some of the site’s infrastructure at hosting provider OVH and the site responded by deleting itself. The news came as a huge disappointment to the site’s users and the wider torrent community as a whole, but French police weren’t done yet. In a follow-up action, French Gendarmerie targeted Zone-Telechargement (Download Zone), the country’s largest pirate site and 11th most-visited website in the region overall. That site went down too, closely followed by affiliated DDL site, DL-Protect. Behind all of these actions is SACEM, the Society of Authors, Composers and Publishers of Music. This industry group has a mandate to collect and distribute royalties while protecting the copyrights of its members. And according to its general secretary, they’re only just getting started. In an interview with French news site Le Monde, David El Sayegh said that SACEM and the police hadn’t “just woken up” to pirate sites operating in France. The actions against both What.cd and Zone-Telechargement were the result of a “long process and meticulous work.” The SACEM chief said the investigation into the two million direct download link Zone-Telechargement began two years ago in partnership with another local anti-piracy outfit. It turned up a lot of useful information. “We filed a complaint in 2014, joined by ALPA (French Association for the Fight against Piracy). This process was to identify accounts, assets, servers and advertising agencies. It’s always quite a complex and sophisticated system, they are large investigations,” he said. “There were many advertisements on the site, often pornographic. [Zone-Telechargement] generated at least 1.5 million euros in sales per year, with offshore accounts located in Malta, Cyprus and Belize.” David El Sayegh said that rightsholders were looking at damages of more than 75 million euros but the operators of the site were no longer resident in France. That didn’t stop their arrests, however. Seven people were arrested on Monday in France and Andorra, with police there calling the action ‘Operation Gervais‘. “The two administrators, arrested by international mandates, had left France to settle in Andorra. Large seizures of assets were carried out: luxury cars, real estate, and savings accounts,” he said. The Gendarmerie confirmed the seizure of 450,000 euros and two cars and said that the men, both aged 24, were “repeat offenders.” Authorities in Andorra confirmed that 250,000 euros across several accounts had been frozen. “We are looking at a case of counterfeiting for profit, on a large scale,” El Sayegh continued. “These people do not pay taxes, they do not pay the rightful rightsholders, they do not respect anything. They have developed a very organized and sophisticated mechanism to voluntarily operate outside the law.” With the site targeted in France and its operators arrested in Andorra, the operation spread further afield. SACEM says that servers were also seized in Germany and as far away as Iceland, a country often associated with high levels of privacy. Of course, the recent shutdowns were very unpopular with users, but El Sayegh said that the law is on SACEM’s side. “These are counterfeit business activities, these are people who have grown rich on the backs of creators. They make millions without paying one euro to creators. They are thugs who should not have the compassion of one person, and who will answer for their acts before justice.” But while harshly criticizing site operators, El Sayegh tone was a little more moderate when speaking of their users. He asked them to consider how creators are to earn a living in the face of piracy but suggested that they’re only chasing the bigger fish. “The challenge is mainly to stop those who trade works. But the objective above all is to attack the evil at its source, and the administrators of the pirate sites,” he said. Other unnamed targets are also in SACEM’s sights. However, it seems unlikely that many sites will continue their stay in France following the events of the past couple of weeks. https://torrentfreak.com/sacem-provides-details-on-recent-torrent-site-raids-in-france-161203/

A group of prominent legal scholars has warned that the EU Commission's plans to modernize copyright law in Europe appear to be incompatible with EU law. One of the main problems is the mandatory piracy filter Internet services are required to use, which largely ignore existing case law and human rights. Last September, the European Commission published its long-awaited proposal to modernize EU copyright law. Among other things, it will require online services to do more to fight piracy. Specifically, Article 13 of the proposed Copyright Directive requires online services to monitor and filter pirated content, in collaboration with rightsholders. This means that online services, which deal with large volumes of user-uploaded content, must use fingerprinting or other detection mechanisms to block copyright infringing files. “The Commission proposal obliges such service providers to take appropriate and proportionate measures to ensure the protection of user-uploaded works, for example by putting in place content recognition technologies,” the Commission explained. The Commission stressed that the changes are needed to reinforce the negotiating position of copyright holders, so they can sign licensing agreements with services that provide access to user-uploaded content. However, the proposal is drawing wide criticism from the public, digital rights activists, and legal scholars. Just recently, a group of legal experts bundled several of their main concerns in a paper. TorrentFreak spoke with Dr. Sophie Stalla-Bourdillon, Associate Professor in IT and IP law at the University of Southampton, who is one of the authors of the paper. Stalla-Bourdillon and her colleagues warn that, in its current form, the proposal goes against existing EU law. For one, the general obligation to monitor the content that users are transmitting, directly opposes Article 15 of the E-Commerce Directive. This article prohibits general monitoring obligations for service providers. “Such an obligation [to monitor contents] goes against Article 15 of the E-commerce Directive, which prevents Member States from imposing upon intermediary providers general monitoring obligations,” she notes. More importantly, the legal scholars also note that the filtering requirement also contradict Articles 8 and 11 of the EU Charter of Fundamental Rights. These articles protect people’s freedom of expression and access to information, as well as their personal data. Both articles were also cited in the Netlog filtering case that went before the EU Court of Justice (CJEU) a few years ago. At the time, the Court held that requiring an online platform to install broad piracy filters is incompatible with EU law. In the proposed Copyright Directive the filters will be put in place in collaboration with rightsholders. However, that doesn’t change the fact that the human rights dimension is largely ignored. “Requiring that filtering systems be put in place in collaboration with rightholders is not enough to eliminate these human rights challenges,” Stalla-Bourdillon says. “The CJEU did not imply in Netlog that if the database of protected works was produced in collaboration with rightholders themselves, the general obligation to monitor imposed upon the service provider would thus be transformed into a permissible, special obligation to monitor.” With their paper, the researchers are making a case for a complete re-assessment of the filtering requirement. They ask the EU Commission to carefully look at the new requirements, and make sure that they are in line with existing case law and legislation. https://torrentfreak.com/mandatory-piracy-filters-may-violate-eu-law-scholars-warn-161203/

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New research from Carnegie Mellon University shows that online piracy is not the only worry for TV distributors. Based on Downton Abbey streaming and sales data provided by PBS, the researchers find that free legal streams can significantly reduce download sales. However, that doesn't necessarily mean that free streaming options should be banned. Over the past decade, TV and movie companies have taken part in a massive experiment in which they’ve had to reinvent their business models, adopting to rapidly changing demands from consumers. The first wave of change was triggered by BitTorrent, which allowed downloading huge video files with ease, something that wasn’t possible before. The movie industry responded by offering their own online video download options, and with bandwidth getting cheaper and more readily available, streaming services soon followed. However, having legal options available is just a tiny part of the puzzle. The next challenge is to set them up in a way so that people will actually use them, while optimizing revenue long-term. For example, should you allow people to stream your content for free online? A new study by Carnegie Mellon University researchers aims to provide some empirical evidence on this issue. Using streaming and sales data for the popular show Downton Abbey, provided by PBS, they estimate the impact of free streaming on direct download (EST) sales. The results, published in a paper for the upcoming International Conference on Information Systems, show that legal streaming options can hurt download sales significantly. The researchers were able to estimate the impact in a natural experiment, since PBS was required to pull the free streams for all episodes at the same time. This means that some were streamable for more than a month, while others only for a week, or two. PBS’ free treaming window for Downton Abbey season 5 In addition, they had sales data for several seasons, allowing them to make an alternative comparison between years, where the streaming windows varied. In both cases, they show that free streaming cannibalizes download sales. “Our analysis in our primary specification indicates that availability in the free streaming window reduces EST sales by 8.4%. Using an alternative specification we find that free availability reduces EST sales by 9.9%,” they write. The negative effect is not unexpected. However, it doesn’t mean that it is wrong to offer free streaming in the long run, as there are several positive side-effects. That’s where the puzzle starts to get complicated. “For example, free streaming platforms owned by the broadcast network can draw new users to the platform, providing the network with valuable data about its viewers, and a stronger platform as consumers switch from consumption through broadcast television to online stream,” the researchers note. “Networks also benefit from advertising sponsorship on their streaming channels. Streaming platforms may also enable customer discovery of other shows, or increase overall consumer goodwill,” they add. And then there’s still piracy. While unathorized downloads and streams weren’t factored into this study, the researchers point out that previous research has shown that making content legally available decreases demand for piracy. For example, a 2015 study revealed that ABC’s decision to add their content to Hulu reduced piracy for this content. This shows that legal streaming may also have a positive long-term effect by decreasing people’s piracy habits. Although the current results are important from a managerial perspective, it might just leave more questions than it answered. In any case, the puzzle of how to offer video content while maximizing revenues in the long run, is far from solved. https://torrentfreak.com/free-tv-show-streaming-hurts-online-sales-research-finds-161201/

Topdawg Entertainment Inc., Interscope Records and Universal Music Group must pay damages after issuing false DMCA notices which damaged an artist's reputation. Montreal hip hop artist Jonathan Emile teamed up with Kendrick Lamar on a track, but the labels wrongfully took it down from YouTube, iTunes and Soundcloud. Every hour of every day, millions of DMCA-style takedown notices flood into service providers all over the globe. Google alone has received a billion in the past 12 months. While the majority of these notices comply with the law, a percentage are duplicates, erroneous, or flat-out malicious. Until recently, however, no one had ever been held to account for sending bad notices, but a case in Canada has changed that. Whyte Potter-Mäl c Topdawg Entertainment Inc. is a curious case that has its roots back in 2011 when rapper Jonathan Emile asked fellow rapper and songwriter Kendrick Lamar to contribute to the track ‘Heaven Help Dem’. Lamar agreed and provided a verse in 2012. “We sent [Lamar] an email outlining what we wanted to do and they got us on the phone and said they were feeling it and that they would go ahead and do the song,” Emile told Billboard. “We paid Kendrick Lamar for a feature, and once we paid them, they basically stopped communicating with us altogether. It was understood that we’d take care of the paperwork with the lawyers, so we paid them and they basically disappeared… we couldn’t get in contact, so I just continued producing my album and with the verbal agreement we had, and we put out the song in 2015.” Heaven Help Dem was supposed to be the lead track on Emile’s debut album, but instead it was quickly pulled from YouTube, iTunes, Soundcloud and other sites following bogus copyright claims from Lamar’s label Top Dawg Entertainment Inc., Interscope Records and Universal Music Group. Emile says that after going back and forth with the labels, they realized that they had no right to take the track down. By then, however, the damage had been done and all momentum to promote the song had been lost. Also faced with the prospect of fans believing that he had stolen the verse from Lamar, Emile decided to take the labels to court in Canada. In a case before the small claims division of the Court of Quebec, Emile asked for a token amount in damages – just CAD$15,000 – after the labels removed his work from the Internet for two months after bogus copyright claims. None appeared in court to defend themselves and Emile won by default. “It’s only after the intervention of this lawyer that the song was reinstated on the social media,” the Court’s judgment reads. “While the song was down, and even after it was reinstated, it is clear from the evidence provided that the incomes of the Plaintiff and his reputation was negatively affected from the false report of the Defendants.” In most cases there would be earlier rulings to look back on, but the Montreal Court said that it was unable to find anything similar on file. Instead, it used Copyright Act to determine an appropriate damages award. “In these circumstances, and after reviewing sections 28.1, 28.2, 34of the Copyright Act, sections 6 and 49 of the Charter of human rights and freedoms and the Cinar judgment [1] from the Supreme Court, the Court will allow the discretionary amount of $5,000 as moral and material damages to be solidarily paid by the Defendants and an additional amount of $1,000 per Defendant as punitive damages,” the Court ruled. Speaking with Legal Feeds, IP expert Noel Courage said he’d never seen a case where someone had been sued over a takedown notice. “The Court seemed to say that the takedown affected the moral rights of the musician’s work or performance,” he said. “Moral rights are the musician’s rights to the integrity of a work. These rights can be infringed if the work is modified without consent, and prejudices the musician’s reputation or honour. This is the first I have heard of the use of moral rights in response to a web music takedown.” While the Court’s decision will be welcomed by those who believe the DMCA is too often used as a weapon, Courage said that the case doesn’t set a strong precedent due to it being heard before a low-level court. However, “it may give companies pause before giving takedown notices.” https://torrentfreak.com/court-awards-damages-following-bogus-dmca-takedowns-161130/

A long-running dispute between Antigua and Barbuda and the United States over gambling services has reached a critical point. In a letter to the WTO, the Caribbean nation warns that unless the US either stops blocking or compensates its gambling services, it will lift protection of US intellectual property rights in 2017. For years, the small Caribbean country of Antigua and Barbuda had a flourishing gambling industry, with an estimated 5% of all countrymen working in gambling-related companies. However, measures taken by central, regional and local authorities in the US seriously affected the cross-border supply of gambling services, with Antigua’s High Commissioner to London stating that they had subsequently shrunk “to virtually nothing.” In desperation, Antigua filed a dispute at the World Trade Organization (WTO), which it won. A 2005 ruling by the WTO found that denying Antiguan gambling companies access to the US market violated free-trade. In 2007 the WTO ramped up the pressure, granting Antigua the right to suspend U.S. IP rights up to $21 million annually. With little progress made in the dispute, in 2013 Antigua threatened to launch its own ‘pirate’ site, which prompted a sharp response from the US. “If Antigua actually proceeds with a plan for its government to authorize the theft of intellectual property, it would only serve to hurt Antigua’s own interests,” the U.S warned. After three years without such a site appearing, a release from the WTO’s Dispute Settlement Board (DSB) indicates that Antigua and Barbuda has finally run out of patience and is ready to suspend protection of US intellectual property rights. A letter from a government representative to the WTO explains the situation. “It has been 12 long years since an Arbitration panel, established under the rules and procedures of this body, issued a decision that found the United States of America in violation of international obligations under the General Agreement on Trade in Services. “Over that entire 12-year period, my small country with a Gross Domestic Product of just $1 billion has been deprived of trade revenues which now exceed $250 million. For my country’s tiny economy, $250 million is a meaningful sum of money,” the statement reads. Pointing out that $250m represents only 0.0003% of just one year of GDP for the US, the letter adds that over the past 12 years, the US has enjoyed a trade surplus with Antigua and Barbuda of more than $1 billion. “Over all this time my government has patiently engaged in good faith consultations with the Government of the United States in the genuine hope that the harm done to our economy by US action would be repaired through a settlement that recognizes justice and fairness. “Alas, the US has not been able to propose terms for a settlement that would even remotely compensate for the harm that has been done to our economy and continues to impact it negatively.” The statement from Antigua and Barbuda adds that while the US continues to defy WTO rulings, it remains the most active user of the institution’s Dispute Settlement System, something which threatens to undermine the integrity of the WTO. “[T]he protracted failure by the US to settle this matter, despite the fact that it is not compliant with WTO rules, has the potential to collapse confidence in the efficacy and credibility of the rules-based trading system. “Antigua and Barbuda, one of the smallest economies in the world is yet to reap any benefit from having prevailed against the United States through the rulings and recommendations of the DSB,” it adds. In a final warning that the gloves are about to come off, the statement concludes that time is running out and in a matter of weeks, unless something is done, United States intellectual property will receive no protection “My government has almost exhausted its patient efforts to reach a settlement with the US. This is regrettable since, on our side, we have always conducted our relations with the US at a high level of regard and cooperation. “We advise this body that we are now engaged in a final effort with representatives of the US Trade Representative’s Office to reach an agreed settlement. We hope that a sense of right will prevail. But, we cannot go beyond the end of this year. “In light of the above, Antigua and Barbuda now informs the DSB that, if an appropriate and beneficial settlement is not reached with the US by year-end, the government will be compelled to take action to enforce the suspension of copyright on the sale of US intellectual property, consistent with the award of the DSB.” The United States says it remains committed to resolving the matter but is “disappointed that Antigua and Barbuda had characterized the US as having acted in bad faith when the US had taken a constructive approach to resolving the matter.” The US said it had put forward a package of concessions but Antigua and Barbuda are the only WTO member blocking the proposals. Attorney Mark Mendel, a lawyer in Ireland who previously led the fight for Antigua at the WTO, informs TorrentFreak that a number of options remain open for the Carribean country. “A couple of years back, when Antigua last came very close to implementing the remedies given them by the WTO, we had identified a significant number of areas where the suspension of United States intellectual property rights would, we had assessed, have had the desired effect,” Mendel explains. “By ‘desired effect’, I mean the purpose of the remedies as given in the WTO rules – to put substantial domestic pressure on a recalcitrant government from a completely ‘innocent’ sector of the economy so as to encourage the government to comply with WTO rulings or at least agree a reasonable settlement. Since that time, all of those very well considered options exist, as do a few more that might even be more promising.” Mendel says that since the remedies have been approved by the WTO, technically there will be no ‘pirating’, and whatever the Antigua and Barbuda government decides to do will be in compliance with the law. “The only party in violation of International obligations in this dispute is the United States and I have all confidence that Antigua will continue to conduct itself in accordance with the agreed rule of law,” Mendel concludes. The next meeting of the WTO’s Dispute Settlement Board is scheduled for mid-December. Whether any progress will be made to end the 12-year dispute remains to be seen but if not, 2017 could be an eventful one for pirates of the Carribean. — The full letter Antigua & Barbuda sent to the WTO is available here (pdf). https://torrentfreak.com/antigua-barbuda-threatens-us-with-piracy-161129/

The cybercrime unit of the French military police has shut down the country's largest pirate site, Zone-Telechargement. In addition, the popular download site DL-Protect has also gone offline. With millions of regular visitors, both download portals have been a prime target of local copyright holders for years. After seizing several servers of the popular private music tracker What.cd two weeks ago, the French military police have now caught an even bigger fish, Zone-Telechargement.com. With millions of regular visitors, Zone-Telechargement was ranked the 11th most-visited website in the entirety of France. Telechargement is French for “download,” and the site offered direct downloads of a wide variety of pirated content, including films, series, games, and music. However, yesterday afternoon the site suddenly became inaccessible. After some confusion, the French Gendarmerie took credit on Twitter, stating that an investigation had concluded that the download portal caused rightsholders 75 million euros in losses. Gendarmerie Nationale Tweet Founded in 2011, Zone-Telechargement’s popularity soared after the shutdown of Megaupload, which was also hugely popular in France until its shutdown early 2012. Interestingly, it appears that the site wasn’t the only target yesterday. DL-Protect, another large direct-download site and the 19th most popular website in France according to Alexa, also went down. While the police only mentioned one site, Zataz reports that this direct download site was targeted by the police as well. In common with the action against What.cd, French music industry group SACEM and the movie group ALPA also played a role in yesterday’s actions. SACEM informs TorrentFreak that they will issue a comment later today. With two prominent shutdowns in one month, it’s quite clear that the Gendarmerie’s cybercrime division and SACEM have online piracy high on their agenda. Update: New information just released revealed that the two direct download sites were allegedly operated by the same people. The enforcement action is a collaboration between the French Gendarmerie and the Andorran police. Seven people were apprehended, and two still remain in custody, one in Andorra and one in France. More arrests may follow. Zataz reports that in recent years the sites generated 10 million euros in revenue. As part of the enforcement actions in France and Andorra, real estate, bank accounts and several cars were seized The authorities also discovered various bitcoin wallets, which they hope to get their hands on. Update 2: The site came back this afternoon, for some, although download links don’t appear to work. There might be an attempt to make a comeback. https://torrentfreak.com/police-shut-down-frances-largest-pirate-site161129/

Copyright holders asked Google to remove more than 1,000,000,000 allegedly infringing links from its search engine over the past twelve months. A new record, in line with the continued rise of takedown requests and the increase in pressure on Google to do more to tackle piracy. Copyright holders continue to flood Google with DMCA takedown requests, targeting “pirate links” in the company’s search results. In recent years the number of notices has exploded, breaking record after record. This week TorrentFreak crunched the numbers in Google’s Transparency Report and found that over the past 12 months Google has been asked to remove over a billion links to allegedly infringing pages, 1,007,741,143 to be precise. More than 90 percent of the links, 908,237,861 were in fact removed. The rest of the reported links were rejected because they were invalid, not infringing, or duplicates of earlier requests. In total, Google has now processed just over two billion allegedly infringing URLs from 945,000 different domains. That the second billion took only a year, compared to several years for the first, shows how rapidly the volume of takedown requests is expanding. At the current rate, another billion will be added by the end of next summer. Most requests, over 50 million, were sent in for the website 4shared.com. However, according to the site’s operators many of the reported URLs point to the same files, inflating the actual volume of infringing content. Google takerdown requests over time The surge in takedown notices was also placed on the political agenda. In the UK, for example, proposed amendments to the UK’s Digital Economy Bill propose fines for search engines that fail to properly target piracy. At the same time, the U.S. Government is considering changing the current takedown requirements. The Copyright Office launched a public consultation in order to evaluate the impact and effectiveness of the current DMCA provisions. This review is still ongoing and was extended earlier this month. Thus far the consultation already triggered heavy criticism of the DMCA process from various copyright groups. However, according to Google itself, the current system is working just fine. “The notice-and-takedown process has been an effective and efficient way to address online infringement,” the company informed the Copyright Office earlier this year. “The increasing volume of URLs removed from Search each year demonstrates that rightsholders are finding the notice-and-takedown process worthwhile, efficient, and scalable to their needs.” While Google believes that the millions of reported URLs per day are a sign that the DMCA takedown process is working correctly, rightsholders see it as a signal of an unbeatable game of whack-a-mole. Various copyright holders and industry groups have asked the Government for broad revisions. Among other things they want advanced technologies and processes to ensure that infringing content doesn’t reappear elsewhere once it’s removed, a so-called “notice and stay down” approach. For now, however, nothing has changed, so it is expected that the number of reported pirate links will continue to increase. https://torrentfreak.com/google-asked-to-remove-a-billion-pirate-search-results-in-a-year-161128/

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