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New research published by the EU Intellectual Property Office unveils local piracy preferences, including the most pirated TV-shows, movies, and musicians. While the findings are somewhat dated, the follow-up analysis leads to some surprising conclusions. The European Union Intellectual Property Office (EUIPO) regularly conducts studies to see how piracy develops over time. These studies help the public to understand local piracy trends and can be used as input for future policy decisions. Last month, for example, EUIPO research showed that EU citizens increasingly pay to access content legally. However, a group of stubborn pirates, who often pay for legal content too, remains. This week, EUIPO released another in-depth piracy report titled “Online Copyright Infringement in the European Union.” The research is a follow-up to a report published last year which found that access to pirated content across Europe dropped by more than 15 percent. Last year’s study revealed some broader effects as well. For example, it found that people from lower-income countries tend to pirate more and that awareness of legal options doesn’t always decrease piracy. Most Popular Pirated Titles The new research is partly based on the same data, which was purchased from the piracy tracking firm MUSO. Instead of looking at the broader piracy effect, this time the research zooms in on the most pirated movies, TV-shows, and artists. These data are estimated from public BitTorrent tracker data which were extrapolated to other piracy services, such as streaming and direct download sites. While this method is far from exact, it should give a good indication of the broader piracy demand. The 123-page report is in large part made up of tables with the most pirated titles in the EU as a whole and in individual member states. It’s based on data that covers only part of 2018, which means that it’s limited in scope and a bit dated. Still, it’s worth scanning over the results. Justice League, Walking Dead, and Ed Sheeran With over 42 million estimated downloads, Justice League was the most downloaded movie in the EU. The Walking Dead was the most pirated TV-show, with over 435 million downloads, and with nearly 7.5 million downloads, Ed Sheeran was the most pirated musician. The most popular titles and artists show a lot of overlap between EU countries. That said, there are some local outliers as well. Local Favorites For example, the Norwegian metal band Immortal tops the music piracy chart in Norway, and the Swedish metal band HammerFall takes the top spot in Sweden. In Spain, American singer Luis Fonsi is pirated more than any other artist, and in Germany Bob Dylan managed to beat Ed Sheeran by a few thousand downloads. There are similar outliers for movies and TV-shows. For example, The Mummy was disproportionately popular in Spain, taking the top spot in the film category. In the TV category, South Park does surprisingly well in Finland, beating all other shows. These local trends are intriguing, but they don’t necessarily lead to broader conclusions. However, a more analytical approach shows that there is something to learn. Film Piracy Findings The findings show that there isn’t that much difference in film tastes between various countries. There is a lot of overlap between the 30 most pirated films per country and for the EU as a whole. Also, piracy is mostly affecting newer and commercially successful mainstream films. This leads to the perhaps obvious conclusion that commercial success is linked to piracy. In other words, when more people see a movie in the theater, it’s pirated more frequently as well. “This analysis shows that commercial success is associated with higher levels of piracy: when the number of tickets sold increases by 10 %, the number of illegal downloads increases by 3.7 %,” the findings read. The second film piracy effect is more intriguing. Films from Canada, Australia, China, Finland, Germany, India and Russia take a bigger share of the total pirate downloads, compared to the total box office numbers. “Piracy of films from these seven countries represents 2.8 % of film piracy and 1.8 % of admissions in EU cinemas. Although the total cumulated piracy of the last group is low, they suffer a relatively higher piracy rate than the more widely distributed films.” This can be partially explained due to the fact that these films are not always available legally due to limited availability in movie theaters. Piracy is then a convenient alternative. TV and Music Piracy TV-shows are by far the most popular content on pirate sites. Obviously, more recent TV-shows are pirated more frequently but the link with legal consumption is less clear than with music and films. While there’s a bit more variety in taste between EU countries, on average, 19 of the 30 most popular series are also on the EU’s top 30 list. Local differences are most apparent when it comes to music, as our examples earlier already illustrated. On average, 16 of the most popular artists in a country also appear in the EU’s top 30. In terms of volume, music is the least popular category of the three. The most popular artist, Ed Sheeran, was downloaded 7.5 million times while The Walking Dead topped 435 million downloads. In addition, it appears that piracy preferences are lagging behind actual sales a little. “In music, there is also a relationship between commercial success and piracy, although with a delay: many of the best-selling musicians of 2017 were the most pirated artists in 2018,” the report reads. Conclusions and Future Research The EUIPO study concludes that piracy seems to be driven by demand. Consumers want to watch the content that’s most appealing to them, legally or illegally. When it becomes harder to access something through legal channels, piracy tends to increase. “These results underscore the importance of legal accessibility as one of the ways in which consumption of pirated content can be reduced,” the report concludes. With the constantly evolving media landscape, EUIPO’s Audiovisual Observatory plans to follow up the current findings with more in-depth research. This includes the effects of movies that skip cinema releases and are made available on-demand immediately, by Netflix and Amazon for example. And with Warner Bros’ recent decision to premiere all 2021 movie titles on HBO Max and in cinema simultaneously, another area of research just popped up.

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Major online course provider Udemy has used the DMCA to delete a video on YouTube that showed students how to legally access 6,000 courses for free via a schools and public libraries partnership. According to the course provider, using screenshots containing the Udemy logo amounts to an infringement of the company's copyrights. copyrightWith more than 35 million students, 57,000 instructors, and 400 million courses available, Udemy is a huge player in the online learning space. Accessing the company’s content obviously comes at a price too so when online learning group ShareLearn spotted an opportunity for students to access thousands of Udemy courses legally and for free, they decided to share the information with the world. Tutorial Uploaded to YouTube To Help Students ShareLearn’s four-minute video, which TorrentFreak was able to review on another platform, begins with a splash screen indicating that by using the techniques shown in the videos, thousands of courses can be accessed by students with the right credentials. While it does display the Udemy logo, a disclaimer at the start of the video states that the tutorial is “not affiliated with Udemy”. The purpose of the video was to spread the word that Udemy has a partnership with Gale to provide “more than 6,000 high-quality, on-demand video courses taught by world-class instructors across 75 categories for upskilling in the areas of business, technology, and design.” As part of this arrangement, free courses are available under some library systems. The System to Access Courses is Hosted By Gale The video reveals that if students from certain cities in the United States visit gale.udemy.com, they are presented with a portal that operates in partnership with their libraries, universities, colleges and schools. With the library option selected, a list of participating libraries appears. In the tutorial video, San Francisco library is used as an example. For authentication purposes, users are required to enter their library account credentials and from there they are passed to Udemy, which requires a Google or Microsoft account to proceed. The people at ShareLearn showed a screenshot of this page to make their tutorial easier to understand, as we have done with the screenshot of the video below. Udemy Files Copyright Complaint With YouTube Given the obviously useful nature of the video, it’s perhaps reasonable to conclude that at least some students would’ve learned something from it. However, not too long after it was uploaded to YouTube, it was targeted by a Udemy copyright complaint which resulted in it being taken down. “[Udemy] has claimed copyright infringement for use of their logo,” ShareLearn informs TorrentFreak. “We believe it is covered under fair use and they want to hold us from promoting this option to avoid people from using this library service paid by taxpayers. I have sent them a few emails, but they have given a standard reply that we violated their copyright,” ShareLearn add. Udemy’s Legal Department Refuses to Reconsider From correspondence reviewed by TF, ShareLearn told Udemy that they “appreciate what Udemy is doing for society” and were excited to see the Udemy/Gale/libraries partnership, noting that the project seemed like a good use of taxpayers’ money. “In this video, we have used udemy logo as a reference to udemy, which is covered under fair use. We used screenshots from gale.udemy.com website to help library patterns sign up for your service via public library, which is covered under fair use [sic],” the correspondence reads. ShareLearn then presented Udemy’s legal team with a list of questions requesting additional information on why the inclusion of screenshots bearing Udemy’s logo can’t be considered fair use. The group also asked where Udemy itself advertises the availability of the free service to students. In its response, Udemy ignored the questions and reiterated its key objection. “When material posted on other platforms infringes Udemy’s intellectual property rights, or on the rights of our instructors, we have an obligation to protect those works,” the company said. “We have reviewed the takedown notice in question, and confirmed the infringement therein. If you have questions about intellectual property matters such as trademark, copyright, fair use, etc. you may wish to consult an attorney. Udemy cannot provide you with any legal advice on these matters.” ShareLearn Files YouTube Counternotice ShareLearn has filed a counternotice with YouTube in an effort to have the video restored but at the time of writing, that is still pending and the content remains down. What will happen next is unclear. The takedown from YouTube was filed under copyright law, clearly referencing Udemy’s “copyrighted logo”. Whether any fair use defense is applicable in this case will be for lawyers to argue over but aside from the 20-second intro page (shown in the screenshot above, which includes a disclaimer), the only use of the Udemy logo thereafter is when screenshots/screen recordings of the Udemy/Gale website/system are displayed. Given that the idea of the video was to promote Udemy products and services developed alongside Gale and libraries for the benefit of students, the copyright complaint and subsequent removal seem somewhat overzealous, if not counterproductive too.

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Hacking group Team-Xecuter has long been a thorn in the side of major gaming companies. The group offers hardware and software solutions that allow people to install and play unofficial games – including pirated copies – on various consoles, including the popular Nintendo Switch. Team-Xecuter often defended its work by pointing out that their products are not necessarily pirate tools. They are supporters of the ‘right to repair’ movement and back people who want to play homebrew games on their devices for personal use. The affected game companies disagree, with Nintendo front and center. The Japanese gaming company has been chasing down Team-Xecuter for years and a few months ago the company took several online stores to court for selling Team-Xecuter products. In October, these enforcement efforts reached a new level when the US Government launched a criminal prosecution of three of the group’s members. Bowser aka ‘GaryOPA’ One of the defendants is Canadian Gary Bowser. He was arrested in the Dominican Republic in September and was deported to the US soon after. Bowser was allegedly responsible for the development of circumvention devices and maintained regular contact with resellers. Bowser is perhaps best known through his nickname GaryOPA, the supposed operator and a frequent writer on the website “MaxConsole,” which regularly reviewed Team-Xecuter hardware and other hacking tools. Flight Risk In a ‘Zoom’ hearing held last week, a federal court in Seattle reviewed a request for pretrial detention, submitted by the US prosecution. It is not uncommon for criminal defendants to be released on bail pending their trial, but the US argues against this in Bowser’s case, as he’s considered a ‘flight risk.’ The court agrees. “Defendant poses a risk of nonappearance due to his lack of ties to this district, ties to Canada and the Dominican Republic, ownership of a Canadian passport, history of international travel, unstable living situation, and an uncorroborated personal history,” US Magistrate Judge Michelle Peterson writes. “Based on these findings, and for the reasons stated on the record, there does not appear to be any condition or combination of conditions that will reasonably assure the Defendant’s appearance at future court hearings,” she adds. flight risk Bowser was not interviewed by the court, which currently has no information on his family ties, personal history, or employment. That leaves the door open to reopening the detention hearing at a future date, which may change things. The Other Defendants There is no update on the other defendants at this point. Based on the information in the court dockets, Yuanning Chen from China is still at large. According to the indictment, Chen managed a manufacturing and distribution company where Team-Xecuter’s hardware was made. The third defendant, French national Max Louarn, was arrested in Canada where a U.S. extradition request was launched. The US Government sees Louarn, who’s hacking track record goes back to the early nineties, as the leader of Team-Xecuter. Louarn allegedly made Team-Xecuter’s important business decisions, arranged investors and financing, and oversaw product development and the wholesale distribution chains. Nintendo Takes Over Domains The US criminal prosecution is not the only legal pressure on Team-Xecuter. Nintendo has also seen very active on the legal front. One of the stores it sued earlier this year, Axiogame.com, was allegedly operated by Team-Xecuter. That has been shut down through Nintendo’s lawsuit. The Axiogame.com domain is now owned by Nintendo and over recent days the gaming company took over several other domains of former piracy hack stores, assisted by an updated court order. Flashcarda.com switched to the new Materpl.com domain and both are owned by Nintendo now. The same is true for Txswitch.com that switched to Stxwitch.com, Usachipss.com that moved to Nerged.com, and several other domains. Team-Xecuter Continues Despite the mounting legal pressure, Team-Xecuter is far from defeated. In fact, the site’s main website remains online. The forum remains active as well, with people privately offering help to install or buy mods. Team-Xecuter’s dedicated page for the SX product line is also still intact. This links to a list of authorized resellers. While many of these stores are offline now, a few are still actively selling.

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This week it was revealed that Spotify wants to patent a technology that will enable artists to check whether their uploaded songs have elements that are too similar to others. One of the aims is to help artists avoid copyright infringement lawsuits. But, doesn't the thought of artistic impression being policed by a computer sound like an episode of Black Mirror? When I started writing music in in my teens, I didn’t even think about how to begin. I just did what every other starting writer does – I copied, emulated, plagiarized and otherwise ripped-off everything I’d enjoyed from the music I’d listened to thus far. Badly. Deprived of divine inspiration, it wouldn’t have been possible any other way. Show me a composer who hasn’t committed at least one of the above at some point and I’ll show you someone who spontaneously learned how to speak as a child without hearing others do so. It was for these reasons I was horrified when MBW reported this week that Spotify has filed for a patent to scan music uploads so that they can be assessed for potential plagiarism. The theory is that if a track (or part thereof) is deemed to be too similar to a preexisting track, the artist can adjust their creation, thereby avoiding accusations of plagiarism and potential copyright infringement lawsuits in the future. Without condoning professional musicians who think it’s acceptable (it’s not) to copy large parts of others’ tracks and pass them off as their own, it worries me that a computer program could end up with the power to stop an artist in their tracks and tell them to take another route. There are dozens of millions of songs on streaming services today and millions more besides. So, go ahead and hum a six-second tune of your own making right now. Guess what – someone, somewhere has done that before. Now hum another original tune without being influenced by any music you’ve ever heard in the past. You can see where this is going. Of course, we don’t know how or even if this technology will ever be used. It might be deployed moderately but if not, the thought of needing to obtain some kind of permission from an algorithm that could, in the future, have access to a database of every song ever made, sounds a bit like an episode of Black Mirror to me. Some may be thinking, “You watch too much Black Mirror”, and those people would be right. But imagine if this future technology fell into the wrong hands and was aggressively used to scan all of the music made thus far for ‘plagiarism’? There wouldn’t be enough copyright troll lawyers to go round. Or, imagine it comes pre-installed in your music software, stopping you in your creative tracks whenever it detects a collision. The thing about music is that it can’t develop or evolve without some kind of plagiarism, or ‘influence’ if you prefer a less loaded word. Proof of that is proudly on display when we search by genre, a particular decade, or music from a geographical region, because these artists copy from each other to perpetuate a style. Indeed, to a certain extent, and when it’s not carried out at the expense of others, music lovers enjoy a bit of copying because we know what we like and we want more of it. But, apparently, the threat of being subjected to a copyright lawsuit in the future is now so severe, artists might need to double-check with a computer that they haven’t accidentally ‘discovered’ someone else’s combination of notes, chords, or rhythms, having got there too late. Sad really. Finally, this piece would not be complete without a reference to what I and many others believe is one of the most important few seconds in recent musical history. I’m talking about the ‘Amen Break‘ from The Winston’s 1969 track ‘Amen, Brother’. This snippet of music has been plagiarized, ripped-off, stolen, and otherwise utilized in thousands and thousands of tracks for the last 50 years. There seems little doubt that had the proposed Spotify system or one like it been around the first time this sample was used without permission, the uploader would’ve been gently advised that this had been done before. Taking that to its logical conclusion, that loop would’ve been denied the chance to inspire thousands of artists to make music people love. Recycling is good and plagiarism isn’t always bad. Humans are programmed to copy. Let’s not get too carried away when nobody is getting hurt.

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