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Leading Russian search engine Yandex is being sued in a Moscow court for copyright infringement. Filed by rightsholder TeleSport, the complaint alleges that Yandex's video service displayed video highlights of top-tier Italian soccer matches without a license. Yandex believes it acted legally and rejects the $40m damages demand. It’s almost impossible to imagine an Internet without search engines such as Google, Bing and DuckDuckGo. They make content easier to find and provide vital traffic sources for websites of all shapes and sizes. In recent years, however, leading players such as Google have been accused of deviating from their roles as pure indexers of content. Instead, critics say, they leverage content created by others in order to keep people on their platforms for as long as possible, rather than sending people to the source. A lawsuit filed against leading search engine Yandex appears to follow this trend. Rights to Show Football Highlights Breached By Embedding TeleSport Group owns the exclusive rights to many sports in Russia, including a deal that allows it to broadcast highlights from top-tier Italian football matches. The company posts these videos to social media platforms including vKontakte (Russia’s answer to Facebook) and Odnoklassniki, a social network for classmates and old friends. Yandex indexed these videos and presented/embedded them on its Yandex video search site, which as the image below shows has a YouTube-style interface. https://torrentfreak.com/images/yandex-video-ss.png While original sources and links appear for search results, clicking on video previews or titles opens up a new Yandex page with the video embedded, something which TeleSport Group believes is an infringement of its exclusive rights. Copyright Infringement Lawsuit Claims $40m in Damages The lawsuit claims that Yandex breached TeleSport Group’s rights to show match highlights for the 2018-2019, 2019-2020, and 2020-2021 seasons. It details 590 links in Yandex’s search results, with around 73% pointing to highlight videos posted on the official TeleSport groups on vKontakte and Odnoklassniki, with most of the remainder on YouTube. According to Kommersant, which first reported the news, most of the links on Yandex do indeed point to official content. However, users are now informed that “video embedding is prohibited by the copyright holder” and are directed to watch the clips on the platforms where they were originally posted. TeleSport Group says that Yandex should pay 2.95 billion rubles (around US$40m) for infringing its rights but the search giant sees things very differently. Yandex Says it Was Just Indexing Public Content According to Yandex, when TeleSport posted hundreds of videos to social networks, the search engine did its job and indexed that content. The platforms where the videos were posted did not prevent the search engine from doing so (search engines can be asked not to index) and it appears that at the time at least, embedding on third-party sites had not been prevented. However, the lawsuit also claims that in 2019, TeleSport and Yandex entered into negotiations that would’ve given the search company the rights to display the videos under license. That deal was never finalized and Yandex continued to index the content so in response, TeleSport filed its lawsuit instead. The case will be heard in Moscow later this month. Source: Torrentfreak.com

Dutch anti-piracy group says it has remained busy during the COVID-19 lockdown period. In a report detailing its activities of the past six months, the group says that in addition to 250 enforcement actions against content providers, it is planning to tighten the noose on intermediaries. They need to cooperate more if they want to take advantage of their limited liability status. Founded before Napster, BREIN has forged itself a unique niche in anti-piracy enforcement. It not only tackles smaller-scale distributors and facilitators of infringing content, but has also obtained some of the most important legal precedents against the largest of targets, ones that will carry momentum for years to come. For these reasons and more, it’s always prudent to keep an eye on what BREIN is doing. The anti-piracy outfit is loved by some and hated by others but if nothing else, BREIN is more open and pragmatic about its activities than others operating in the same space. And BREIN is always busy, as its latest six-month update reveals. Coronavirus Hasn’t Slowed BREIN Down Perhaps unsurprisingly, BREIN begins with an observation concerning the coronavirus, a pandemic that has touched everyone in some way but the creative sectors perhaps more than most. In normal times, many pirates justify pirating music, for example, by choosing to support their favorite bands at live gigs, paying entrance fees and buying merchandise. As BREIN points out, in most countries those options have now been taken away. “Gigs are no alternative to loss of income due to illegal streaming and downloading, and certainly not with Corona slashing into the income from gigs. Piracy and Corona is a double whammy,” BREIN writes. The world of cinema has been affected too. It’s not uncommon for people to complain about overcrowded cinemas with expensive snacks that take advantage of consumers, so an occasional free download is an antidote to that. Now, however, cinema revenues are taking a battering everywhere and even affecting the supply of fresh movies on pirate sites. ‘Street’ Level Enforcement Activities With this backdrop, BREIN says it has carried out almost 250 actions thus far this year against those offering pirated content for free. It’s also removed more than 765,000 search results pointing to illegal content and made more than 1,000 “interventions” on online auction sites to remove adverts offering illicit content. BREIN says that most of these matters are settled out of court, often concluded with an agreement to stop certain activities. In other cases, financial settlements are reached along with compensation for legal fees. Other matters can see BREIN’s lawyers go head to head with defendants’ who want to put up a fight, but end up changing their minds “at the eleventh hour” after incurring more costs, the group says. BREIN also has plans to deal with frequent and long-term uploaders. The plan was first aired in 2016 and while it has taken action against numerous individuals since, its large-scale “awareness project” has yet to appear. According to the anti-piracy group, an announcement on that will be coming soon. Enforcement Activity Against Intermediaries Tackling smaller-scale infringers is often the ‘bread and butter’ work of many anti-piracy groups but BREIN has a reputation for hand-picking certain cases in order to set legal precedents. For example, it was BREIN’s work that led to a definitive ruling from the EU’s highest court that users streaming unlicensed content to their homes are breaking the law, something that was previously considered a gray area. The illegality of selling pre-loaded set-top boxes was also confirmed. BREIN says it is now engaged in legal action with the aim of compelling Internet intermediaries, which currently enjoy limited liability, to cooperate more in anti-piracy matters, including providing identifying data on their users/customers. “Intermediaries must cooperate in enforcement, not only in the event of shutting down or blocking [services], but if necessary also by providing identifying data. Intermediaries for suppliers of illegal offerings or providing access to such offers must also have reliable identifying data [of users/customers], otherwise the ‘perpetrators’ can pass through elsewhere anonymously,” BREIN writes. “If intermediaries have their services resold by others – we have already seen this almost as standard with Dutch ‘hosting’ providers, who therefore advertise themselves as an ‘access’ or ‘upstream’ service – then they must oblige their contracting parties to verify their identity per perpetual clause from corporate customers.” Whether BREIN will achieve these goals will remain to be seen but the group has a reputation for persistency. Way back in 2010, BREIN went to court to try and force Ziggo, the Netherlands’ largest ISP, to block The Pirate Bay. Via an interim order, the group already managed to block the site and 258 mirrors and proxies in 2019 alone but this June, BREIN finally obtained the ruling it was looking for, opening up the possibility of wider blocking in the Netherlands. “We have a ‘building block’ strategy in which we gradually build case law that assists our enforcement measures. You can point back to this in the future,” BREIN explains. “We will also go to the highest European court for this, and not without success. That can be a long-term process. Even though a lot has been gained in recent years, not only in the legal field, but certainly also socially and politically, we are far from there,” the group concludes. Source: Torrentfreak.com

Under Maintenance We recently upgraded our site to SSDs, However the server got reinstalled again due to a unfortunate accident, We Do have backups hence there should be no data loss, Currently we are working on Restoring the site and finetuning the code, The Website should run more efficiently with a faster load time. We apologise for the downtime, site should be up within a day Team DT

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Convicted Copyright Troll Lawyer Sues US Attorney General Over His Right to ‘Trap’ Pirates Paul Hansmeier, one of the lead attorneys behind the controversial Prenda Law firm, has sued US Attorney General William Barr. The former attorney, who's sitting out a 14-year prison sentence, wants the court to greenlight his plans to trap pirates with a honeypot. The US sees this as a criminal act but, according to Hansmeier, it is the only effective way to stop torrent piracy. The now-defunct Prenda Law firm became notorious for taking alleged BitTorrent pirates to court. These copyright lawsuits were not illegal in themselves, but Prenda crossed criminal lines when it lied to courts and trapped people by uploading self-made adult content on The Pirate Bay. They were effectively running a honeypot scheme. The matter landed on the desk of the FBI and with help from The Pirate Bay, eventually resulted in two criminal convictions. Last summer, Prenda lawyer John Steele was sentenced to five years in prison, and his colleague Paul Hansmeier received a 14-year sentence. The different terms in part reflect the lawyers’ cooperation with the authorities. Steele was remorseful and admitted guilt while Hansmeier fought back, something he continues to do to this day. Hansmeier Sues US Attorney General This week, the convicted lawyer filed a new lawsuit at a federal court in Wisconsin. In a handwritten complaint, filed from prison, the disbarred attorney sues US Attorney General William Bar, requesting a declaratory judgment that harkens back to the honeypot scheme. As we reported a few weeks ago, Hansmeier has plans to sue alleged BitTorrent pirates again. He obtained the copyrights to a small adult video and informed the court that he would like to upload this to pirate sites with help from an investigator, so he can track down and prosecute pirates. In order to set this honeypot up, the former Prenda attorney wants the court to rule that his strategy is not illegal. Because it’s similar to the original scheme he ran, Hansmeier requests a declaratory judgment ruling confirming that various criminal statutes violate his first amendment rights, among other things. US Government is Powerless Against Torrent Sites The complaint starts by describing the economic losses caused by piracy. A lot of this harm is done by torrent sites, he writes, pointing out that the government is well aware of the problem as it shut down the popular KickassTorrent site a few years ago. While this site remains offline, it hasn’t solved the larger problem. “Ultimately, though, the government is powerless to stop the proliferation of these websites. Whenever one website is shut down, another website just pops up in place of the old one – after all, the new website need only copy the links from the old website,” Hansmeier writes. The convicted attorney believes that, in the long run, his own honeypot scheme is the only effective enforcement tool. The complaint describes a ‘testing strategy’ where the rightsholder uses an investigator to populate pirate sites with copyrighted material to track and prosecute pirates. Trapping Pirates Works “The only strategy that has been effective is the testing strategy described above,” Hansmeier argues, noting that the torrents will be posted anonymously, so users won’t know which ones are linked to the honeypot. https://torrentfreak.com/images/testingstrategy.jpg “Once pirates believe that links on torrent websites were posted by copyright holders as a lawsuit trap then, in Plaintiff’s personal experience, the pirates will warn each other and stop using the site. And, since it is easy and free to post links on torrent websites, new sites that pop up can easily get any inundated with testing links.” When enough lawsuits are filed around the world, traffic to torrent sites should decrease, which results in less advertising revenue for the site’s operators. This strategy should eventually lead to the demise of torrent sites, Handmeier envisions. “With robust testing efforts, copyright holders could very quickly make piracy websites unprofitable to operate by deterring lucrative advertising targets (Americans, Europeans and some Asians) from using the sites. Anti-piracy claims can readily be filed in most countries which were signatories to international copyright treaties.” Hansmeier Has Started Tracking Pirates Already Hansmeier says he already started up the scheme. An investigator recently uploaded a torrent to a popular piracy site, tracking three downloaders. He would like to prosecute them but is worried that the US Attorney General may come after him for doing so. With the current lawsuit, the convicted attorney effectively asks the court to greenlight his strategy. Specifically, he asks for a declaration that paragraphs 1341, 1343, and 1951 of the US Criminal Code violate his First Amendment rights, the due process clause of the Fifth Amendment, as well as the Constitution’s separation of powers. Given the position Hansmeier is in, this lawsuit is likely a defensive move. While he may indeed want to prove a point by going after pirates in a similar, but more open, fashion as Prenda did. The ulterior motive is likely to get a ruling he can use to fight his own prison sentence. — A copy of Hansmeier’s complaint against US Attorney General William Barr is available here (pdf). Source: Torrentfreak.com

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