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	<title>TorrentFreak</title>
	
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		<title>PeerBlock File-Sharing Safety Tool Clocks 100,000 Downloads</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/TwVu73Va914/</link>
		<comments>http://torrentfreak.com/peerblock-file-sharing-safety-tool-clocks-100000-downloads-091111/#comments</comments>
		<pubDate>Wed, 11 Nov 2009 21:58:58 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Interview]]></category>
		<category><![CDATA[P2P and Filesharing]]></category>
		<category><![CDATA[PeerBlock]]></category>
		<category><![CDATA[peerguardian]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18810</guid>
		<description><![CDATA[PeerBlock is a tool which can control who can connect to your computer on the Internet. In addition to hindering monitoring by anti-P2P companies, it's also capable of blocking malicious software. As the team is currently celebrating more than 100,000 downloads, TorrentFreak caught up with the creators for the lowdown.]]></description>
			<content:encoded><![CDATA[<p>Peerblock is a piece of software which lets you control who your computer communicates with on the Internet.  By utilizing lists of &#8216;known bad&#8217; computers, it&#8217;s possible for it to block P2P companies from monitoring a user&#8217;s file-sharing activities, along with spyware and other malicious software.</p>
<p>Just over a month has passed since the first stable public release of the software and PeerBlock has now managed to clock up more than 100,000 downloads. To mark this milestone, TorrentFreak caught up with Mark from the project for the lowdown.</p>
<p>Mark told us that the creation of PeerBlock was inspired by him upgrading his PC from 32 to 64 bit in order to utilize 6gb of RAM. Everything worked fine &#8211; until he tried to get PeerGuardian (another IP blocker) to work.</p>
<p>Having hacked away and jumped through hoops to get around driver-signing it would still only work half the time and often crashed without warning. As a software engineer who has worked in the commercial sector for more than 13 years, Mark &#8211; who admits to being &#8220;an arrogant bastard who truly believes he can do just about anything better than just about anybody,&#8221; decided he could find a solution. It was &#8220;put up or shut up time,&#8221; he told TorrentFreak.</p>
<p>Noticing that the PeerGuardian code was open-source but hadn&#8217;t been touched for a couple of years, Mark contacted another developer who had the same thing in mind, but having heard nothing back, he went at it alone.</p>
<p>&#8220;I started setting up a Sourceforge.net project for it so we could get free source-control, but they took too long to set it up for me so I instead created a project over at Google Code where it was ready within minutes,&#8221; he told us.</p>
<p>Having heard from a few people who were interested in helping out with the development side &#8211; &#8220;night_stalker_z&#8221; who&#8217;d earlier started trying to hack the PG2 code into shape, &#8220;DarC&#8221; / &#8220;DisCoStu&#8221; who wanted to help out with fixing up the installer, XhmikosR who rewrote the installer, and some testers, things moved forward.</p>
<p>After facing troubles due to the lack of a &#8220;signed driver&#8221; for 64-bit versions of Vista (which resulted in Mark having to set up a registered company before they were allowed to buy a $230 code-signing certificate), a couple of blogs wrote articles on PeerBlock which attracted some much-needed publicity to the project. This resulted in 10,000 downloads in just one weekend.</p>
<p>&#8220;We&#8217;re still getting donations from people and we now have enough to pay for next year&#8217;s annual code-signing certificate, and we&#8217;re saving up to be able to rent our own VPS with full root access etc, upon which we&#8217;ll be able to build a &#8216;real&#8217; online-update system, a custom web-app to tie our forums/issue-tracker/website all together, and some other neat things,&#8221; Mark explains.</p>
<p>The first stable release of PeerBlock came out on September 27th, and as of November 5th had clocked up an impressive 100,000 downloads. The site now receives up to 7,000 visitors each day.</p>
<p>Aside from fixing one or two bugs, the team has lots of new features planned for PeerBlock. Anyone that has tried to surf the web with a blocklist in place will know how painful that can be, so PeerBlock will have some new features which allow the &#8220;whitelisting&#8221; of certain apps, such as a browser, the creation of a proxy server to let users configure PeerBlock to listen on certain ports, possibly an integral &#8220;AdMuncher&#8221; style ad-blocking feature on a per URL basis (as opposed to just an IP-address), and an encrypted chat feature.</p>
<p>TorrentFreak asked Mark why users should choose PeerBlock over the competition. </p>
<p>&#8220;Well, first off we need to ask &#8216;Who IS the competition?&#8217;  The only ones I&#8217;m really aware of are: Protowall by the folks over at Bluetack which is closed-source and I don&#8217;t believe was ever updated for Vista, and Outpost Firewall, which is closed-source and basically just a hack add-on to a more professional firewall product,&#8221; he responded, while noting that uTorrent&#8217;s built-in IP-filtering feature only handles one manually-updated list.</p>
<p>&#8220;We protect your entire machine, and give you the option to try out any P2P app you want &#8211; this freedom of choice is a very important thing, I think.  And since it does everything automatically, including list-updates, it&#8217;s one less thing to think about,&#8221; he added.</p>
<p>Another important question relates to the blocklists that have to be used in conjunction with PeerBlock in order for it to block anything. </p>
<p>He told TorrentFreak that he&#8217;s a big fan of <a href="http://www.iblocklist.com/">iblocklist</a>, who serve up a staggering 10TB of blocklists every month for free. The site doesn&#8217;t create the lists, but does offer those from Bluetack, including the Level1 list (renamed to &#8216;P2P&#8217; in PG2/PeerBlock, which contains both Gov and Anti-P2P IP-addresses) and others.</p>
<p>Mark admits that even in a best case scenario, the available blocklists aren&#8217;t 100% effective. That said, there have been studies which show that using blocklists along with software such as PeerBlock can help speed up downloads, but no-one knows how many of the potential &#8220;bad IPs&#8221; are covered by currently available blocklists.</p>
<p>P2P aside, Mark says there has been feedback to suggest that PeerBlock discovered a Conficker infection on a user&#8217;s machine that their anti-virus programs missed, and can also stop ads appearing in browsers that lack in-built blocking.</p>
<p>One other exciting thing for the future of PeerBlock is porting it to the Mac. Mark says they&#8217;re saving all the donations for additional development and this is the most-requested request right now.</p>
<p>Users of PeerBlock are encouraged to give as much feedback as possible to Mark&#8217;s team, via their <a href="http://forums.peerblock.com/">forums</a>, IRC (#peerblock on freenode.net) or <a href="http://tinymailto.com/peerblock">email</a>.</p>
<p>PeerBlock can be downloaded <a href="http://www.peerblock.com/releases">here</a>.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<slash:comments>71</slash:comments>
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		<item>
		<title>BitTorrent May Kill Zombieland Sequel, Writer Claims</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/HFA_cm1W4i0/</link>
		<comments>http://torrentfreak.com/bittorrent-may-kill-zombieland-sequel-writer-claims-091111/#comments</comments>
		<pubDate>Wed, 11 Nov 2009 15:25:57 +0000</pubDate>
		<dc:creator>Ernesto</dc:creator>
				<category><![CDATA[Opinion]]></category>
		<category><![CDATA[Pirate Talk]]></category>
		<category><![CDATA[rhett reese]]></category>
		<category><![CDATA[zombieland]]></category>
		<category><![CDATA[zombieland 2]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18809</guid>
		<description><![CDATA[Zombieland co-writer Rhett Reese was shocked when he discovered more than a million people had downloaded his movie illegally on BitTorrent. The Hollywood writer has now penned yet another horror scenario, claiming that this achievement could very well prevent a sequel to the successful movie from being made. ]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/Zombie.jpg" align="right" alt="zombieland" />Yesterday we <a href="http://torrentfreak.com/indie-movie-explodes-on-bittorrent-makers-bless-piracy-091110/">wrote</a> about the makers of the film Ink, who thanked piracy for promoting their film. &#8220;We’ve embraced the piracy and are just happy Ink is getting unprecedented exposure,&#8221; they said.</p>
<p>Ink was downloaded more than 400,000 times last week and ended up in fourth place in our <a href="http://torrentfreak.com/top-10-most-pirated-movies-on-bittorrent-091109/">weekly chart</a> of most downloaded movies on BitTorrent, where Zombieland occupied the top spot.</p>
<p>Zombieland co-writer <a href="http://twitter.com/rhettreese">Rhett Reese </a> has been following our most pirated movies chart as well, and thus the online success of his film. &#8220;Zombieland currently the most pirated movie on bit torrent. Over one million downloads and counting,&#8221; he tweeted a few hours ago.</p>
<p>However, unlike the makers of Ink, Reese is not pleased with this achievement, claiming that this piracy disaster may very well prevent a Zombieland sequel from being shot. &#8220;Beyond depressing. This greatly affects the likelihood of a Zombieland 2,&#8221; he wrote.</p>
<p>Reese&#8217;s comments are the classic Hollywood response we wrote about yesterday. Piracy is causing billions of dollars in lost revenue and prevents new movies from being funded, is the doomsday scenario they often paint. But is there any truth in this hunch, or is it just another Hollywood performance? Facts seem to support the latter.</p>
<p>More piracy is not necessarily linked with a drop in box office grosses or DVD sales. ‘The Dark Knight’, which was the most downloaded movie on BitTorrent <a href="http://torrentfreak.com/top-10-most-pirated-movies-of-2008-081211/">in 2008</a> sold millions of DVDs, and grossed a record breaking billion dollars in cinemas worldwide. But what about Zombieland?</p>
<p>The Hollywood Insider wrote that the movie is &#8220;alive and kicking&#8221; at the box office, putting its success down in part to &#8220;strong word-of-mouth&#8221;. The release also marks the most successful debut of Woody Harrelson’s career, hitting the No.1 spot and taking $9.4m on its first day and a worldwide $84m to date &#8211; all this on a production budget of less than $24m.</p>
<p>Zombieland grossed more than $60.8 million in 17 days, even surpassing the remake of the Dawn of the Dead to become the top-grossing zombie film in history. That does not really sound like something that will prevent a sequel to us.</p>
<p>On the contrary, if anything success on BitTorrent has a direct relation with success at the box office. Since unauthorized ripped versions of virtually all movies appear on the Internet nowadays, it would be a really bad sign if no pirate would want to download it.</p>
<p>But of course, Reese and others could still argue that they would have made even more money if there was no piracy. There are no hard facts to refute this, but with the box office revenue steadily <a href="http://torrentfreak.com/us-pirate-party-study-shatters-mpaa-claims-080709/">increasing</a> since P2P file-sharing became mainstream, it has to be doubted as well. The same can be said for <a href="http://torrentfreak.com/sony-ceo-pleads-poverty-but-the-movie-industry-is-loaded-091027/">the claim</a> that less films receive funding. </p>
<p>As many independent filmmakers have already experienced, BitTorrent and the Internet in general can be a boon to the film industry. Instead of seeing it as a threat Hollywood might want to embrace it before it&#8217;s too late.</p>
<div align="center">
<h5>Reese&#8217;s &#8220;beyond depressing&#8221; tweets</h5>
<p><img src="http://torrentfreak.com/images/reesefailtweet.jpg" alt="reesefailtweet" /></div>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<slash:comments>172</slash:comments>
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		<title>AFACT v iiNet: Judge Asked To Disregard iiNet Evidence</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/VILRD1Cawr4/</link>
		<comments>http://torrentfreak.com/afact-v-iinet-judge-asked-to-disregard-iinet-evidence-091111/#comments</comments>
		<pubDate>Wed, 11 Nov 2009 10:49:28 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Copyright Issues]]></category>
		<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[AFACT]]></category>
		<category><![CDATA[iiNet]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18801</guid>
		<description><![CDATA[Continuing with this closing submissions, AFACT's chief barrister claimed there were contradictions in statements given to the court by iiNet witnesses regarding anti-piracy tracking data. On this basis he asked the judge to disregard their evidence, going on to attack claims that the ISP took "reasonable steps" to deal with piracy.]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/afact.jpg" alt="AFACT" align="right" />The trial continues in the copyright infringement case of AFACT – representing several Hollywood studios – and Aussie ISP iiNet (links to our earlier coverage can be found <a href="http://torrentfreak.com/afact-v-iinet-isp-we-should-not-be-doing-afacts-work-091106/">here</a>) and <a href="http://torrentfreak.com/afact-v-iinet-barrister-tears-into-iinet-key-witnesses-091110/">here</a>.</p>
<p>The case continued in the Federal Court, with AFACT continuing to make its closing submissions, marked by further attempts by barrister Tony Bannon to ruin the credibility of key iiNet witnesses Michael Malone and Steve Dalby.</p>
<p>Referring yet again to iiNet CEO Michael Malone&#8217;s earlier and multiple assertions that his company could not disconnect subscribers on mere allegations from a 3rd party, Bannon pointed that Malone had earlier referred to the evidence collected by anti-piracy tracking company DtecNet in a more positive light.</p>
<p>&#8220;But when asked the question in cross-examination, the truth is they regarded the notifications as compelling evidence,&#8221; said Bannon according to <a href="http://www.itnews.com.au/News/160319,day-18-studios-call-for-federal-court-to-disregard-iinet-evidence.aspx">ITNews</a>.</p>
<p>Based on what Bannon tried to insist was a contradiction, that &#8220;compelling&#8221; and &#8220;mere allegations&#8221; were incompatible when referring to the same material, Bannon asked the judge to disregard iiNet&#8217;s evidence.</p>
<p>Although earlier information about DtecNet&#8217;s methods were revealed in a closed-court session, <a href="http://www.computerworld.com.au/article/325873/afact_v_iinet_bittorrent_tracking_details_featured">CW</a> reports that the anti-piracy company operated by downloading a portion of a file from iiNet subscribers while recording the IP address, the time of the transfer and the date, the protocol, the client id and a hash value. </p>
<p>Reiterating his earlier claims, Bannon insisted that chief regulatory officer Steve Dalby had deliberately exaggerated his claimed lack of understanding of BitTorrent and the infringement notices sent to iiNet by DtecNet. While Dalby had said that he had waited for AFACT to send more information, in fact internal iiNet email evidence showed that Dalby had discouraged further investigation, he said.</p>
<p>Bannon went on to state that companies like iiNet benefit greatly from illicit file-sharing, since the activity consumes a lot of bandwidth &#8211; the commodity the ISP sells to its customers.</p>
<p>Referring to an iiNet press release from late 2008 where the company said it would defend the court case, Bannon said the ISP had stated it could not disconnect a customer on a simple allegation. This, he said, amounted to assuring customers of their safety when carrying out illicit file-sharing.</p>
<p>Earlier in the case, iiNet claimed to have taken &#8220;reasonable steps&#8221; to deal with infringement on its network, an assertion roundly criticized by Bannon. The AFACT barrister said that iiNet has a technique to limit a subscriber&#8217;s access to the Internet if they don&#8217;t pay their bills, so this could easily be applied when an allegation of illicit file-sharing is provided by his client.</p>
<p>Bannon also said that since Westnet, the company iiNet had earlier acquired, already had a system in place to notify infringers, it was a “nonsense” to say that iiNet hadn&#8217;t got the facilities to deal with AFACT notices.</p>
<p>Bannon went on to tell the court that iiNet&#8217;s participation in discussions 4 years ago with the Internet Industry Association to create a code of conduct to deal with copyright infringement allegations, also did not constitute &#8220;reasonable steps&#8221;, since it didn&#8217;t address the &#8220;day to day&#8221; problems. Furthermore, he said that the overall plan by the ISPs was to aim at &#8220;doing nothing&#8221;.</p>
<p>Going on to strengthen his claim that iiNet &#8220;authorized and encouraged&#8221; the infringements of its customers, and in the face of iiNet failing to carry out any actions that could be described as &#8220;reasonable steps&#8221;, Bannon asserted that this meant that the ISP effectively allowed its subscribers to do whatever they liked on their Internet connection.</p>
<p>The case continues.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<item>
		<title>Indie Movie Explodes on BitTorrent, Makers Bless Piracy</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/9ykrBJAV5gE/</link>
		<comments>http://torrentfreak.com/indie-movie-explodes-on-bittorrent-makers-bless-piracy-091110/#comments</comments>
		<pubDate>Tue, 10 Nov 2009 15:10:43 +0000</pubDate>
		<dc:creator>Ernesto</dc:creator>
				<category><![CDATA[Pirate Talk]]></category>
		<category><![CDATA[bittorrent]]></category>
		<category><![CDATA[ink]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18776</guid>
		<description><![CDATA[Hollywood often complains about the billions of dollars allegedly lost due to piracy. Indie film makers, on the other hand, tend to welcome the free buzz generated when their film is pirated. The makers of Ink belong to this latter group, and are thanking the hundreds and thousands of people who downloaded their movie on BitTorrent.]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/ink.jpg" align="right" alt="ink" />Written and directed by Jamin Winans, <a href="http://www.imdb.com/title/tt1071804/">Ink</a> is the story of a brutal mercenary who appears in the dreamscape of a comatose 8 year old called Emma. Like virtually every movie nowadays, the film ended up being ripped and put <a href="http://www.google.com/search?q=ink+2009+torrent">on BitTorrent</a> just a few days ago.</p>
<p>In this short time span it was downloaded by more than 400,000 people on BitTorrent alone, earning it a spot in TorrentFreak&#8217;s chart of top 10 <a href="http://torrentfreak.com/top-10-most-pirated-movies-on-bittorrent-091109/">most pirated</a> movies this week.</p>
<p>For most Hollywood bosses this is usually a trigger to start complaining about lost revenue, but the makers of Ink are welcoming their new pirate audience.</p>
<p>In an email to the followers of their newsletter, Jamin and Kiowa Winans say that they have &#8220;embraced the piracy&#8221; and are &#8220;just happy Ink is getting unprecedented exposure.&#8221; Thanks to the pirated copy their movie jumped to 16th place on IMDb&#8217;s movie meter, and according to the makers this increased popularity also boosted DVD and Blu-ray sales. </p>
<p>Who needs a hefty marketing budget to promote a movie (<a href="http://www.doubleedgefilms.com/">and merchandise</a>) when they have BitTorrent? Sent out a few hours ago, here&#8217;s the mailing in full plus a follow up response from Kiowa.</p>
<blockquote><p>Dear Fans and Friends,</p>
<p>Over the weekend something pretty extraordinary happened. Ink got ripped off. Someone bit torrented the movie (we knew this would happen) and they posted it on every pirate site out there. What we didn&#8217;t expect was that within 24 hours Ink would blow up. Ink became the number 1 most downloaded movie on several sites having been downloaded somewhere between 150,000 to 200,000 times as far as we can tell. Knowing there&#8217;s absolutely nothing we can do about it, we&#8217;ve embraced the piracy and are just happy Ink is getting unprecedented exposure.</p>
<p>As a result, Ink is now ranked #16 on IMDb’s movie meter and is currently one of the top 20 most popular movies in the world. </p>
<p>This all started as a result of the completely underground buzz that you&#8217;ve each helped us create. We&#8217;ve had no distributor, no real advertising and yet the word of mouth that you&#8217;ve generated has made the film blow up as soon as it became available worldwide. So many of you came to see the movie multiple times, bringing friends and family and many of you have bought the DVD and Blu-ray from us. All of this built up and built up and suddenly it exploded.</p>
<p>We don&#8217;t know exactly where this will all lead, but the exposure is unquestionably a positive thing.</p>
<p>Ink hits Netflix, Blockbuster, iTunes and many more tomorrow! Remember to get your signed copies, t-shirts and posters at the Ink Store.</p>
<p>Thank you so much for the constant love and support.</p>
<p>Jamin and Kiowa<br />
Double Edge Films</p></blockquote>
<p>And the follow up response we got from Kiowa, in reply to this article.</p>
<blockquote><p>Dear Ernesto,</p>
<p>To say we are shocked by all this news and are digesting it rapidly is an understatement.  We made this film in Denver, CO on a budget of $250,000 and have fought to bring it to 15 cities ourselves over the past ten months.  Hollywood has claimed that they don&#8217;t know how to market the film or that it doesn&#8217;t have an audience, and what BitTorrent has done in the last four days is prove, unequivocally, that Hollywood is wrong.</p>
<p>So is this the best thing that could happen to our little film?  Absolutely!  There is no way this many people would know about the film otherwise, or that our IMDb MovieMeter would have shot up an astounding 81,000% from a few days of activity over the torrent sites.  What Hollywood would calculate as lost dollars, we calculate as fans earned.  Due to many suggestions from downloaders over the past few days we have established a Donate button on our <a href="http://www.doubleedgefilms.com/">Store page</a> for people to contribute what they can.  Thank you for posting that info.</p>
<p>We&#8217;re not looking to get rich, but would like to pay back our investors and the enormous amount of personal debt we&#8217;ve gone into making the film.  We&#8217;re also not looking to make Hollywood films (Jamin has had several opportunities) and plan on continuing the march of making fiercely independent films.  In order to do that we have to count on the power of the people, eyeballs all over the world and torrenters to throw our film a few bucks apiece.  It&#8217;s the indie film model of the future and we appreciate each and every person who takes the time to watch our film.  It appears we&#8217;re all rebels here&#8230; so let&#8217;s wave that flag proud.</p>
<p>Again, we are really floored that all of this is happening and that you&#8217;ve opened up the conversation!</p>
<p>All the best,</p>
<p>Kiowa K. Winans</p>
</blockquote>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<item>
		<title>AFACT v iiNet: Barrister Tears Into iiNet Key Witnesses</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/jCUuoZgnfDk/</link>
		<comments>http://torrentfreak.com/afact-v-iinet-barrister-tears-into-iinet-key-witnesses-091110/#comments</comments>
		<pubDate>Tue, 10 Nov 2009 10:03:53 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Copyright Issues]]></category>
		<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[AFACT]]></category>
		<category><![CDATA[iiNet]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18769</guid>
		<description><![CDATA[The case continues between anti-piracy group AFACT and Aussie ISP iiNet. As AFACT makes its closing submissions, their chief barrister Tony Bannon has torn into the evidence and credibility of iiNet's key witnesses, CEO Michael Malone and chief regulatory officer Steve Dalby.]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/afact.jpg" alt="AFACT" align="right" />The trial continues in the copyright infringement case of AFACT – representing several Hollywood studios – and Aussie ISP iiNet (links to our earlier coverage can be found <a href="http://torrentfreak.com/afact-v-iinet-isp-we-should-not-be-doing-afacts-work-091106/">here</a>)</p>
<p>The case continued in the Federal Court, with AFACT making its closing submissions and tearing into iiNet witnesses CEO Michael Malone and chief regulatory officer Steve Dalby.</p>
<p>The film industry, represented by chief barrister Tony Bannon, labeled Malone&#8217;s evidence as &#8220;incredible&#8221;, &#8220;evasive&#8221; and unreliable. Bannon said iiNet gave nothing but excuses for not acting on such notices and that Malone&#8217;s assertion that copyright laws should should be changed or an industry code introduced before he could act on infringement notices were &#8220;extreme&#8221;.</p>
<p>Since only Malone and Dalby appeared for cross-examination on behalf of iiNet, Bannon took the opportunity to criticize the company for not putting forward other staff from the company, who, Bannon claimed, would be better placed to answer the questions during the trial.</p>
<p>Bannon said this had put Malone and Dalby in the position of providing evidence on matters they knew nothing about, citing the pair&#8217;s lack of BitTorrent knowledge as a prime example.</p>
<p>&#8220;To put forward these two gentleman as the extent of familiarity of BitTorrent in the company is an entirely inaccurate picture of a company which plainly has a mass of technical expertise,&#8221; said Bannon, as reported by <a href="http://www.itnews.com.au/News/160257,day-17-film-industry-attacks-iinet-witness-selection.aspx">ITNews</a>.</p>
<p>&#8220;It beggars belief that a company which paints itself as an Internet pioneer doesn&#8217;t have a level of knowledge within that company that knows exactly how the BitTorrent client works,&#8221; he added.</p>
<p>On an earlier claim where the iiNet CEO claimed to understand the BitTorrent protocol by not the operation of a torrent client, Bannon said it was a nonsense, to which insult to injury was added when it was revealed that iiNet operated its own BitTorrent tracker.</p>
<p>Bannon said it was clear to him that the only individuals in the court who claimed to know little to nothing about torrents were Malone and Dalby, but in reality the company understood the system perfectly well. Its motive for this stance, he said, was so that the company could distance itself from the accusations of authorizing the copyright infringements of their customers.</p>
<p>Bannon also heavily criticized Dalby&#8217;s evidence when he claimed to have the company&#8217;s policy on taking action only against repeat infringers &#8220;in his head&#8221;, insisting that no such policy exists.</p>
<p>iiNet is also asking the court to find its own terms and conditions both unenforceable and unreasonable, said Bannon as quoted by <a href="http://www.computerworld.com.au/article/325670/afact_vs_iinet_afact_alleges_iinet_argument_deficent">CW</a>.</p>
<p>Although iiNet has asserted time and again in the case, that if a court ruled that someone had infringed copyright the ISP would disconnect them, the AFACT barrister said that iiNet&#8217;s own terms alone gave them the right to disconnect copyright infringers, and dismissed the ISP&#8217;s claims that the clause was unenforceable. </p>
<p>AFACT claims that iiNet engaged in secondary acts of infringement when it failed to stop its subscribers sharing illicit files on their network, citing the legal principles established in the 1975 case known as University of NSW v Moorhouse, details of which can be found <a href="http://www.theaustralian.com.au/australian-it/copier-case-cited-as-iinet-fight-rages/story-e6frgakx-1225795984368">here</a>.</p>
<p>According to another <a href="http://www.itnews.com.au/News/160237,day-17-iinet-copyright-case-to-enter-fifth-week.aspx">report</a>, the case could run over into a fifth week to 19th November and beyond to allow enough time for iiNet lawyers to prepare the company&#8217;s closing submissions.</p>
<p>The case continues.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
]]></content:encoded>
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		<item>
		<title>Download Torrentless Torrents From Torrentz with Firefox</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/jiXltqI2_bw/</link>
		<comments>http://torrentfreak.com/download-torrentless-torrents-from-torrentz-with-firefox-091109/#comments</comments>
		<pubDate>Mon, 09 Nov 2009 21:38:29 +0000</pubDate>
		<dc:creator>Ernesto</dc:creator>
				<category><![CDATA[Tutorial & How To]]></category>
		<category><![CDATA[firefox]]></category>
		<category><![CDATA[magnet links]]></category>
		<category><![CDATA[magnetiser]]></category>
		<category><![CDATA[torrent magnet links]]></category>
		<category><![CDATA[torrentz]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18755</guid>
		<description><![CDATA[Torrentz.com is the largest BitTorrent search engine that doesn't actually host any torrent files. This means that its millions of users still depend on third party sites in order to download .torrent files. That said, all that changes if they have the Firefox web browser installed along with the new Magnetiser add-on.]]></description>
			<content:encoded><![CDATA[<p>Most popular BitTorrent clients including uTorrent and Vuze support magnet links, although only a handful of people are actually using them. With magnet links BitTorrent can fire up a download without even having to download a .torrent file. </p>
<p>The link uses the torrent hash and DHT to download content and allows for additional trackers to be added. Thus far, most BitTorrent users have ignored this alternative download method, but thanks to the <a href="http://www.rohitab.com/discuss/index.php?showtopic=35291">Magnetiser</a> Firefox add-on, this might change.</p>
<p>The idea behind the add-on is simple. It allows users of meta-search engines, such as Torrentz.com, to download a torrent&#8217;s magnet link without having to go to an external site where the torrent is hosted.</p>
<p>&#8220;I’ve recently written an add-on for Firefox that generates magnet links for torrent pseudo-indexers that don’t host torrents but does list them by their hashes. So far it supports Torrentz and isoHunt, but the code is simple and could be extended to any searchable indexer that shows the info hash either in the URL, or on the torrent page,&#8221; the coder of the add-on told TorrentFreak.</p>
<p>Once the add-on is installed, users can click the &#8216;magnetise&#8217; link at the bottom right of their Firefox window when they are on a <a href="http://www.torrentz.com/4e84415d36ed7b54066160c05a0b0f061898d12b">torrent detail page</a> on Torrentz. This will launch a new window that will prompt you to pick the torrent client of your choice.</p>
<p>We have to say that this usage of magnet links is a great idea, and it works like a charm. Not only does it save time, it also comes in handy when a torrent is no longer available on the external site. The only downside is that the title of the download as it appears in your client will not be very descriptive.</p>
<p>The add-on is not available on Firefox&#8217;s add-on section just yet, but those who want to try it can download <a href="http://torrentfreak.com/images/magnetiser.xpi">this xpi file</a> and drag it into the Firefox browser window. After it&#8217;s installed users can add additional trackers, but since it includes the most-used trackers by default, this is not really needed.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
]]></content:encoded>
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		<slash:comments>64</slash:comments>
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		<item>
		<title>Ex-Supplier of Pirate Bay Bandwidth Given Leave to Appeal</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/v4rYABo1US4/</link>
		<comments>http://torrentfreak.com/ex-supplier-of-pirate-bay-bandwidth-given-leave-to-appeal-091109/#comments</comments>
		<pubDate>Mon, 09 Nov 2009 19:14:02 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[P2P and Filesharing]]></category>
		<category><![CDATA[Black Internet]]></category>
		<category><![CDATA[the pirate bay]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18744</guid>
		<description><![CDATA[Black Internet, the ISP that was previously a supplier of bandwidth to The Pirate Bay, was threatened with large fines earlier this year if it did not disconnect the world's largest tracker from the Internet. Now the ISP has been given leave to take the case to the Court of Appeal.]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com//images/tpb.jpg" align="right" alt="pirate bay" />Pending the outcome of a <a href="http://torrentfreak.com/us-movie-companies-go-after-the-pirate-bay-again-090728/">civil action</a> taken by several entertainment companies against the site, in August the district court in Stockholm ordered The Pirate Bay to be disconnected from the Internet.</p>
<p>The site&#8217;s bandwidth supplier, Black Internet, was told it would face penalties of 500,000 kronor ($70,600) if it failed to carry out the order of the court.</p>
<p>The company complied, but after initially deciding it would simply accept the decision, its management later changed their mind and said they would appeal. Unless they did so, they noted, the same kind of action could be taken against other sites and ISPs with possibly far-reaching implications.</p>
<p>“This is the first time in Sweden that an operator has been ordered to stop delivering Internet to someone. We want to know if it’s correct to do so,” <a href="http://torrentfreak.com/isp-appeals-decision-forcing-it-to-disconnect-pirate-bay-090915/">said</a> Black Internet CEO Victor Möller at the time.</p>
<p>The ISP has now been authorized to take the decision to the Court of Appeal, but unlike Black Internet had requested the earlier verdict remains intact until the Court of Appeal decided otherwise.</p>
<p>&#8220;This is such a fundamentally important issue as far as ISP responsibility goes,&#8221; <a href="http://www.sr.se/sida/Artikel.aspx?ProgramId=1646&#038;artikel=3225648">said</a> Victor Möller to SR.se. &#8220;It is not important for us if we can deliver bandwidth to The Pirate Bay or not &#8211; it is about the principle,&#8221; Möller concluded.</p>
<p>Although the case will set an important precedent for ISPs in Sweden, The Pirate Bay itself hardly suffered as the site simply switched to a new provider and <a href="http://torrentfreak.com/the-pirate-bay-returns-with-guns-blazing-090825/">returned</a> within a few hours. </p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<item>
		<title>Top 10 Most Pirated Movies on BitTorrent</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/r3Tv7AT71-c/</link>
		<comments>http://torrentfreak.com/top-10-most-pirated-movies-on-bittorrent-091109/#comments</comments>
		<pubDate>Mon, 09 Nov 2009 12:04:13 +0000</pubDate>
		<dc:creator>Ernesto</dc:creator>
				<category><![CDATA[DVDrip]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18736</guid>
		<description><![CDATA[The top 10 most downloaded movies on BitTorrent, ‘Zombieland' tops the chart this week followed by '500 Days of Summer’. 'Surrogates' completes the top three.]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/Zombie.jpg" align="right"  alt="zombieland" />This week there are five newcomers in the top 10. &#8216;Zombieland&#8217; is the most downloaded movie on BitTorrent with well over a million downloads. </p>
<p>The data for our weekly download chart is collected by TorrentFreak, and is for informational and educational reference only. All the movies in the list are DVDrips unless stated otherwise.</p>
<p><a href="http://TorrentFreak.com/category/dvdrip/feed/"><strong>RSS feed</strong></a> for the weekly movie download chart.</p>
<table class="css hover" summary="Most downloaded movies on BitTorrent">
<caption>Week ending November 8, 2009</caption>
<thead>
<tr>
<th width="12%"><strong>Ranking</strong></th>
<th width="15%"><strong>(<a href="http://torrentfreak.com/top-10-most-pirated-movies-on-bittorrent--091102/">last week</a>)</strong></th>
<th><strong>Movie</strong></th>
<th width="15%"><strong>Rating / Trailer</strong></th>
</tr>
</thead>
<tfoot>
<tr>
<td colspan="4">torrentfreak.com</td>
</tr>
</tfoot>
<tbody>
<tr>
<td><strong>1</strong></td>
<td>(&#8230;)</td>
<td><a href="http://www.imdb.com/title/tt1156398/">Zombieland</a> (R5)</td>
<td>8.2 / <a href="http://www.youtube.com/watch?v=M-cIjPOJdFM">trailer</a></td>
</tr>
<tr>
<td><strong>2</strong></td>
<td>(&#8230;)</td>
<td><a href="http://www.imdb.com/title/tt1022603/">500 Days of Summer</a> </td>
<td>8.2 / <a href="http://www.imdb.com/title/tt1022603/">trailer</a></td>
</tr>
<tr>
<td><strong>3</strong></td>
<td>(3)</td>
<td><a href="http://www.imdb.com/title/tt0986263/">Surrogates</a> (R5)</td>
<td>6.5 / <a href="http://www.youtube.com/watch?v=jwTJ7mCcFoY">trailer</a></td>
</tr>
<tr>
<td><strong>4</strong></td>
<td>(&#8230;)</td>
<td><a href="http://www.imdb.com/title/tt1071804/">Ink</a> </td>
<td>7.2 / <a href="http://www.youtube.com/watch?v=ZBGeErufQdY">trailer</a></td>
</tr>
<tr>
<td><strong>5</strong></td>
<td>(&#8230;)</td>
<td><a href="http://www.imdb.com/title/tt1119646/">The Hangover</a></td>
<td>8.1 / <a href="http://www.youtube.com/watch?v=XB0pGnzsAZI">trailer</a></td>
</tr>
<tr>
<td><strong>6</strong></td>
<td>(&#8230;)</td>
<td><a href="http://www.imdb.com/title/tt1135503/">Julie &#038; Julia</a> </td>
<td>7.6 / <a href="http://www.youtube.com/watch?v=vjvJHsJD8ic">trailer</a></td>
</tr>
<tr>
<td><strong>7</strong></td>
<td>(1)</td>
<td><a href="http://www.imdb.com/title/tt1179904/">Paranormal Activity</a> (DVDscr)</td>
<td>7.6 / <a href="http://www.youtube.com/watch?v=F_UxLEqd074">trailer</a></td>
</tr>
<tr>
<td><strong>8</strong></td>
<td>(4)</td>
<td><a href="http://www.imdb.com/title/tt1152836/">Public Enemies</a></td>
<td>7.4 / <a href="http://www.youtube.com/watch?v=Q8xOgO7_eT8">trailer</a></td>
</tr>
<tr>
<td><strong>9</strong></td>
<td>(2)</td>
<td><a href="http://www.imdb.com/title/tt0438488/">Terminator Salvation</a> </td>
<td>7.0 / <a href="http://www.youtube.com/watch?v=IcYdjHpJUV8">trailer</a></td>
</tr>
<tr>
<td><strong>10</strong></td>
<td>(7)</td>
<td><a href="http://www.imdb.com/title/tt1049413/">Up</a></td>
<td>8.6 / <a href="http://www.youtube.com/watch?v=USpI6Jzl3No">trailer</a></td>
</tr>
</tbody>
</table>
<p></p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<item>
		<title>Anti-Piracy Group Reports Torrent Site Users to the Police</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/9c16ZAD5rBQ/</link>
		<comments>http://torrentfreak.com/anti-piracy-group-reports-torrent-site-users-to-the-police-091108/#comments</comments>
		<pubDate>Sun, 08 Nov 2009 21:34:45 +0000</pubDate>
		<dc:creator>Ernesto</dc:creator>
				<category><![CDATA[Anti-Piracy Gangs]]></category>
		<category><![CDATA[Right to Copy]]></category>
		<category><![CDATA[LANVA]]></category>
		<category><![CDATA[Linkomanija]]></category>
		<category><![CDATA[Windows 7]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18721</guid>
		<description><![CDATA[Lithuanian anti-piracy outfit LANVA has reported the IP-addresses of 106 users of the country's largest BitTorrent site to the police, on allegations of sharing a copy of Windows 7. The site's owner has said he will do everything he can to help the users if legal action is taken, and in turn has reported the anti-piracy outfit to the police.]]></description>
			<content:encoded><![CDATA[<p>LinkoManija.net is the largest BitTorrent site in Lithuania and one of the prime targets for local anti-piracy outfit LANVA. Last year LANVA was ridiculed by the owner of the site who registered the domain lanva.lt after the group changed its name, something that didn&#8217;t do the relationship between the arch rivals any good.</p>
<p>Like all respected anti-piracy organizations, LANVA holds accounts at all the popular private torrent trackers, including LinkoManija. For a long time their account remained inactive, but this week LANVA claimed a small victory as it reported the IP-addresses of 106 users of the site to the police. </p>
<p>According to the anti-piracy outfit, the reported users were caught sharing a copy of the newly released Windows 7 Ultimate operating system. As evidence the self-proclaimed investigators submitted a screenshot of peers listed by uTorrent.</p>
<p>The owner of LinkoManija was not impressed by LANVA&#8217;s actions. &#8220;Anyone can copy a peer list, but it doesn&#8217;t prove that anyone downloaded the full file or actually uploaded anything,&#8221; Kestas told TorrentFreak. &#8220;It can&#8217;t be used as serious evidence,&#8221; he added.</p>
<p>LANVA disagrees and hopes that the police will track down the identities of the accused infringers. If this happens the users will face fines of up to several hundred dollars, plus additional damages Microsoft&#8217;s lawyers may call for.</p>
<p>In a response the owner of LinkoManija has reported LANVA to the police. People who are affiliated with an anti-piracy group are not allowed to use LinkoManija according to the site&#8217;s disclaimer, and Kestas has asked the police find out whether LANVA broke the law. </p>
<p>&#8220;We contacted the police and asked them to investigate how LANVA obtained the information, because we did not give them permission,&#8221; Kestas told TorrentFreak. The police informed him that they would look into the case. </p>
<p>If any of the reported users faces legal action, Kestas says he will help them out with legal support. &#8220;We told our users that we will be fighting for them if they get in trouble, because it&#8217;s a fight for the freedom of us all,&#8221; he said. &#8220;Our users are our strength,&#8221; he added.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<item>
		<title>COFEE Forensic Tool Leaks To What.cd, Admins Ban It</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/uyR9phzrSK8/</link>
		<comments>http://torrentfreak.com/cofee-forensic-tool-leaks-to-what-cd-admins-ban-it-091108/#comments</comments>
		<pubDate>Sun, 08 Nov 2009 11:30:07 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[P2P and Filesharing]]></category>
		<category><![CDATA[COFEE]]></category>
		<category><![CDATA[what.cd]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18711</guid>
		<description><![CDATA[Microsoft's much sought-after COFEE law-enforcement forensic tool has leaked onto the Internet. One user uploaded it to private tracker What.cd to collect a huge 1.6tb bounty. However, in a sensible move, the admins of the site took action to remove the link and ban further sharing of the tool via the site.]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/cofeeleak1.jpg" align="right" alt="cofee leak" />&#8220;Law enforcement agencies around the world face a common challenge in their fight against cybercrime, child pornography, online fraud, and other computer-facilitated crimes,&#8221; says the marketing blurb on Microsoft&#8217;s site. </p>
<p>&#8220;They must capture important evidence on a computer at the scene of an investigation before it is powered down and removed for later analysis. &#8216;Live&#8217; evidence, such as active system processes and network data, is volatile and may be lost in the process of turning off a computer. How does an officer on the scene effectively do this if he or she is not a trained computer forensics expert?&#8221;</p>
<p>Using <a href="http://www.microsoft.com/industry/government/solutions/cofee/default.aspx">COFEE</a>, of course. </p>
<p>The Computer Online Forensic Evidence Extractor (COFEE) is a piece of software designed for the use of law enforcement agencies, and provided to the same free of charge by Microsoft. And, largely because of its mystique, has been a much sought-after piece of code.</p>
<p>Indeed, on the private tracker What.cd, users had offered a huge bounty (a reward for finding and sharing something) of 1.6 terabytes.</p>
<p>During the last day or so, a user &#8211; who had only been a member for a matter of weeks &#8211; uploaded COFEE.</p>
<p>However, What.cd then took the unusual step of removing the torrent. Not just an unusual step but, in my opinion, a very sensible step indeed.</p>
<p>&#8220;Suddenly, we were forced to take a real look at the program, its source, and the potential impact on the site and security of our users and staff,&#8221; said What.cd management in a statement.</p>
<p>&#8220;And when we did, we didn&#8217;t like what came of it. So, a decision was made. The torrent was removed (and it is not to be uploaded here again),&#8221; they added.</p>
<p>According to the site&#8217;s staff, neither them or their host was threatened by Microsoft or law enforcement. The decision was taken purely on the issue of site and member security.</p>
<p>Of course, the tool is now widely available from other sources and while some are saying that the tool is useless to regular Internet users, there are others who disagree. It certainly won&#8217;t take long for a detailed analysis to appear.</p>
<p>There will doubtless be lots of finger-wagging and complaints that this tool has become available in this way, but as with unexpected leaks of anything from software, to movies, to music, rarely is the finger pointed at the initial supplier of the material. That is usually way too embarrassing to reveal.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<slash:comments>141</slash:comments>
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		<title>Anti-Piracy Group Responds to Media, Not DRM Breaker</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/fBFuALXCLO4/</link>
		<comments>http://torrentfreak.com/anti-piracy-group-responds-to-media-not-drm-breaker-091107/#comments</comments>
		<pubDate>Sat, 07 Nov 2009 20:17:10 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Anti-Piracy Gangs]]></category>
		<category><![CDATA[Copyright Issues]]></category>
		<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[Antipiratgruppen]]></category>
		<category><![CDATA[DRM]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18662</guid>
		<description><![CDATA[This week a man reported himself to an anti-piracy group, confessing to breaking the DRM on more than one hundred movies and TV shows, in an attempt to draw attention to unhelpful copyright laws. Now the anti-piracy group has taken the time to respond, not yet to the man in question, but to the press.]]></description>
			<content:encoded><![CDATA[<p><img alt="" src="http://torrentfreak.com/images/drm-no.jpg" align="right" width="175" height="206" />Frustrated Danish citizen Henrik Anderson recently <a href="http://torrentfreak.com/drm-breaker-reports-himself-to-anti-piracy-group-091103/">reported himself</a> to anti-piracy outfit Antipiratgruppen for breaking the DRM on more than one hundred legally purchased DVD movies and TV shows for use on his media center.</p>
<p>“As the law is today, you can not have a media center without breaking the law,&#8221; he told TorrentFreak.</p>
<p>&#8220;When I think of a media center it is a place where you have all your movies, pictures and music together. You can only do that by having a digital copy of the movie.”</p>
<p>Henrik told us that he had taken this action to draw attention to laws which allow him to copy DVDs for his own personal use, but forbid him to remove the DRM in order to do so. In his confession he asked Antipiratgruppen for a response by December 1st, indicating if they are prepared to take action against him.</p>
<p>The group has announced that Henrik will indeed get a response, but didn&#8217;t tell him directly, instead preferring to comment via the press.</p>
<p>&#8220;It is a political matter, and we have sent it to the Association of Danish Videodistributors so they can consider it. But Henrik Andersen will get a reply by 1st December,&#8221; said Antipiratgruppen lawyer Thomas Schlüter to <a href="http://www.comon.dk/nyheder/Dansk-pirat-tilstaelsessag-kan-ende-hos-politiet-1.246127.html">Comon</a>.</p>
<p>Schlüter went on to say that proving this type of infringement is usually impossible.</p>
<p>&#8220;Unless people confess, then it&#8217;s impossible to prove that they have broken copy protection. We can not break down the door to people&#8217;s homes and explore what they have available on their media server,&#8221; he said.</p>
<p>Poul Dylov, director for Warner Bros Denmark and chairman at the Association of Danish Videodistributors, said they will have a meeting next week to decide whether to report the matter to the police.</p>
<p>Dylov added they have not previously encountered a similar event, and consider the confession to be a media event, an assessment with which Henrik agrees.</p>
<p>&#8220;Of course, until now the film industry has not met the intentions of the law and as the culture minister will not force the film industry [to allow copying by removing DRM] by changing the law, then there must indeed be an awareness of the problem through the media,&#8221; he explains.</p>
<p>&#8220;But the whole problem lies in a sense with the Minster of Culture who does not follow its own interpretation of the law and the intentions of it. This gives the film industry an easy ride to the detriment of consumers,&#8221; he added.</p>
<p>All will be revealed here, on or before December 1st.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<title>Anti-Piracy Group Throws in the Towel, Pirates Walk Free</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/XIzB3W5qwoE/</link>
		<comments>http://torrentfreak.com/anti-piracy-group-throws-in-the-towel-pirates-walk-free-091107/#comments</comments>
		<pubDate>Sat, 07 Nov 2009 14:20:01 +0000</pubDate>
		<dc:creator>Ernesto</dc:creator>
				<category><![CDATA[Anti-Piracy Gangs]]></category>
		<category><![CDATA[Copyright Issues]]></category>
		<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[Antipiratgruppen]]></category>
		<category><![CDATA[denmark]]></category>
		<category><![CDATA[DtecNet]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18692</guid>
		<description><![CDATA[Following several legal setbacks, a Danish anti-piracy group which represents the music and movie industry, has announced that it will stop going after illegal file-sharers. The outfit came to this decision after it lost several court cases against alleged copyright infringers.]]></description>
			<content:encoded><![CDATA[<p>In Denmark, the local anti-piracy outfit Antipiratgruppen has given up on trying to get illegal file-sharers convicted and has announced that it will no longer take them to court. This decision is the result of Antipiratgruppen&#8217;s inability to gather solid evidence, which has resulted in several lost court cases in the last year.</p>
<p>&#8220;It requires very strong and concrete evidence to have these people convicted. We simply could not lift the burden of proof,&#8221; said Antipiratgruppen lawyer Mary Fredenslund when explaining the decision to <a href="http://politiken.dk/kultur/article828707.ece">Politiken</a>. </p>
<p>In just a year, four cases against alleged pirates have come before the High Court in Denmark and the overall result for the copyright holders has been negative. Three of the defendants were acquitted due to insufficient evidence, and in the one case where a file-sharer was convicted, the defendant had confessed. </p>
<p>Defense attorney Per Overbeck says that in addition to these outcomes, cases against two of his clients have been dropped in recent years. &#8220;Antipiratgruppen has acknowledged that they can not get people convicted without either catching them in the act or threatening them to confess,&#8221; Overbeck said. &#8220;In practice, this means that without a confession there is no case,&#8221; he added. </p>
<p>Per Overbeck and Antipiratgruppen&#8217;s assessment that recent High Court rulings make it virtually impossible to get individuals convicted for illegal file sharing are supported by a recent Government report from the Ministry of Culture. </p>
<p>According to the report,  IP-addresses can only be used to identify the person paying for the Internet subscription, not the person who actually downloaded the files. The courts have ruled several times that in terms of evidence, an IP-address alone is insufficient to prove guilt. </p>
<p>In one case a defendant <a href="http://torrentfreak.com/ifpi-loses-yet-again-in-p2p-wireless-defense-case-081007/">walked free</a> after arguing that that someone else must have accessed his wireless router to download copyright infringing material.</p>
<p>Despite these legal setbacks for copyright holders in Denmark, it is worth noting that Danish anti-piracy tracking company <a href="http://torrentfreak.com/riaa-anti-piracy-partner-clueless-about-bittorrent-091028/">DtecNet</a> remains the main partner of the RIAA and other music groups in countries where governments are looking to implement three-strikes policies to get alleged file-sharers disconnected from the Internet.</p>
<p>The evidence DtecNet gathers also consists of just an IP-address. Indeed, there is no known anti-piracy method to discover who is sitting at a particular keyboard, on any particular computer, at any given time.</p>
<p>In the on-going trial of AFACT v iiNet, DtecNet gathered the evidence used in the case. Under cross-examination a computer forensics investigator &#8211; who was previously a key witness in the 2004 KaZaA trial &#8211; <a href="http://torrentfreak.com/afact-v-iinet-day-6-ip-address-alone-is-not-enough-091013/">admitted</a> that any ISP account could have multiple users in the same household, and could have other unauthorized 3rd-party users if a wireless router was compromised.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<title>Game Developer Promotes Game on Torrent Sites</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/OFamfuRtcxc/</link>
		<comments>http://torrentfreak.com/game-developer-promotes-game-on-torrent-sites-091106/#comments</comments>
		<pubDate>Fri, 06 Nov 2009 22:14:14 +0000</pubDate>
		<dc:creator>Ernesto</dc:creator>
				<category><![CDATA[Hot Off The Press]]></category>
		<category><![CDATA[RedLynx]]></category>
		<category><![CDATA[Trials 2]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18682</guid>
		<description><![CDATA[Game developer RedLynx has been exploring a novel marketing technique for its products. Instead of trying to get all its titles removed from torrent sites, the company itself is distributing 'hacked' copies of the games, hoping to convert torrent site users into paying customers.]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/trials2.jpg" align="right" alt="trials2" />Last summer the gaming company <a href="http://www.redlynx.com/">RedLynx</a> decided to market its new game <a href="http://www.redlynxtrials.com/MediaDownloads.action">Trials 2</a> on various BitTorrent sites. Instead of worrying that the game might end up being pirated, the company decided to upload the bike game themselves as a promotional tool.</p>
<p>&#8220;Piracy is here, so how can we take advantage of that? What we did actually, on day one, we put that game immediately on all the torrent networks ourselves,&#8221; RedLynx CEO Tero Virtala, <a href="http://www.gamesindustry.biz/articles/redlynx-we-put-trials-pc-game-on-torrent-sites">told</a> a panel discussion at the Develop game conference.</p>
<p>The company didn&#8217;t upload the full game, but a slightly altered version which excluded the leaderboards that are required to play against other users on the Internet, hoping that it would convert some &#8216;pirates&#8217; into paying customers.</p>
<p>&#8220;That game relies really heavily on the server side – the leaderboards are the soul of the game,&#8221; Virtala said. &#8220;I don&#8217;t know if it&#8217;s helped, I&#8217;d assume so because even though the version that we put on the torrent networks wasn&#8217;t the full version, it&#8217;s the version of the game without the actual soul, without the leaderboards to play against other players,&#8221; Virtala said.</p>
<p>Unfortunately the company has no way of knowing whether the free marketing on torrent sites has paid off. Thus far RedLynx has sold almost 150,000 copies of the game, but unlike the CEO claims, it is also available on torrent sites in a version where the leaderboard functionality is hacked.</p>
<p>It is good to see that companies are recognizing that giving away games on torrent sites can actually help to market their products. Making demo versions of a game available to the public is not necessarily a novelty, but uploading these onto torrent sites is an opportunity that only a few have taken advantage of.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<title>IFPI Loses: Telenor Will Not Block The Pirate Bay</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/NtFUbMoOlLg/</link>
		<comments>http://torrentfreak.com/ifpi-loses-telenor-will-not-block-the-pirate-bay-091106/#comments</comments>
		<pubDate>Fri, 06 Nov 2009 16:05:25 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Copyright Issues]]></category>
		<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[IFPI]]></category>
		<category><![CDATA[telenor]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18668</guid>
		<description><![CDATA[Earlier this year, the IFPI gave Norwegian ISP Telenor an ultimatum – block access to The Pirate Bay within days or get taken to court. Telenor refused, IFPI followed through with its threat and the case was heard earlier this month. The decision was announced today. IFPI lost the case and Telenor will not have to block The Pirate Bay.]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com//images/tpb.jpg" align="right" alt="tpb" />This March, IFPI &#8211; backed by several Hollywood movie companies &#8211; gave Telenor, Norway’s largest ISP, a warning: block your users from accessing The Pirate Bay within 14 days or we will take legal action.</p>
<p>Without any legal basis, Telenor refused to comply.</p>
<p>“This would be the same as demanding that the postal service should open all letters, and decide which ones should be delivered,” <a href="http://torrentfreak.com/ifpi-vs-telenor-pirate-bay-blocking-decision-delayed-091030/">said</a> Telenor boss Ragnar Kårhus.</p>
<p>The verdict in the case was due to be delivered October 30th, but was delayed until today.</p>
<p>IFPI has lost the case and Telenor will not have to block The Pirate Bay.</p>
<p>The court ruled that Telenor is not contributing to any infringements of copyright law when its subscribers use The Pirate Bay, and therefore there is no legal basis for forcing the ISP to block access to the site.</p>
<p>&#8220;Obviously we are pleased that the District Court has arrived at this conclusion,&#8221; said Telenor&#8217;s Ragnar Kårhus in a statement.</p>
<p>&#8220;At the same time it is important for us to emphasize that this case is not about being in favor of or opposed to copyright, but about whether or not it is reasonable to saddle Internet service providers with a censorship role in respect of content on the Internet,&#8221; he added. </p>
<p>Kårhus went on to say that the most important way for IFPI and other rights holders to maintain healthy revenue streams, is to develop business models and services that render the use of sites like The Pirate Bay less attractive to Internet users.</p>
<p>In making its decision, the court also had to examine the repercussions if it ruled that Telenor and other ISPs had to block access to certain websites. This, it said, is usually the responsibility of the authorities and handing this task to private companies would be &#8220;unnatural&#8221;.</p>
<p>This is a breaking news story and will be updated.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<slash:comments>99</slash:comments>
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		<item>
		<title>AFACT v iiNet: ISP: “We Should Not Be Doing AFACT’s Work”</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/A5zZNdCBdEU/</link>
		<comments>http://torrentfreak.com/afact-v-iinet-isp-we-should-not-be-doing-afacts-work-091106/#comments</comments>
		<pubDate>Fri, 06 Nov 2009 10:27:31 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Copyright Issues]]></category>
		<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[AFACT]]></category>
		<category><![CDATA[iiNet]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18656</guid>
		<description><![CDATA[Day thirteen of the trial between anti-piracy group AFACT and Aussie ISP iiNet. The ISP's chief regulatory officer recalled difficulty with terms used by AFACT in their infringement notices and reiterated that the ISP would not forward them without a court order. AFACT submitted a draft ISP code of conduct in respect of dealing with malware.]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/afact.jpg" alt="AFACT" align="right" />It’s day thirteen in the copyright infringement case of AFACT – representing several Hollywood studios – and Aussie ISP iiNet (earlier coverage of <a href="http://torrentfreak.com/afact-v-iinet-the-bittorrent-battle-begins-091006/">day one</a>, <a href="http://torrentfreak.com/afact-v-iinet-bittorrent-piracy-claims-artificially-inflated-091007/">day two</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-3-studios-promoted-bittorrent-091008/">day three</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-4-bittorrent-deals-irrelevant-091009/">day four </a>, <a href="http://torrentfreak.com/afact-v-iinet-day-5-anti-piracy-tech-is-secret-091012/">day five</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-6-ip-address-alone-is-not-enough-091013/">day six</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-7-did-investigators-condone-infringement-091014/">day seven</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-8-anti-piracy-evidence-lacking-091015/">day eight</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-8-afact-attack-iinet-piracy-policy-091102/">day nine</a>, <a href="http://torrentfreak.com/afact-v-iinet-pirates-will-be-cut-off-with-a-court-order-091103/">day ten</a>, <a href="http://torrentfreak.com/afact-v-iinet-half-of-iinet-traffic-is-bittorrent-091104/">day eleven</a>, <a href="http://torrentfreak.com/afact-v-iinet-its-impossible-to-block-the-pirate-bay-091105/">day twelve</a>.</p>
<p>The case continued Friday in the Federal Court, with iiNet&#8217;s chief regulatory officer, Steve Dalby, taking the stand following his first appearance Thursday afternoon.</p>
<p>Yesterday, Dalby recalled having difficulty in understanding some of the terminology utilized by AFACT in the infringement notice spreadsheets it submitted to iiNet.</p>
<p>Dalby told AFACT barrister Tony Bannon that iiNet had told AFACT there was an issue with some items being unclear in the spreadsheets.</p>
<p>&#8220;There was no legend associated with this spreadsheet. I had to make an assumption. We asked AFACT for more information,&#8221; <a href="http://www.itnews.com.au/News/159865,day-14-iinet-confused-by-afacts-techspeak.aspx">ITNews</a> quotes Dalby as saying.</p>
<p>Bannon then criticized Dalby for not being specific and expecting AFACT to guess at which terms were not understood, but Dalby pointed out that he expected AFACT to contact the ISP for clarification.</p>
<p>Further discussion took place on the issue of IP addresses and how iiNet allocates them to customers. Time and again, Dalby explained that IP addresses are allocated to a customer account and they do not necessarily represent any particular computer that the customer may use.</p>
<p>In what is becoming a recurring theme, today Dalby told the court that iiNet had no intention of forwarding AFACT&#8217;s copyright infringement notices to its customers purely on their allegations.</p>
<p>“Our position was that we should not be doing AFACT’s work,” <a href="http://www.computerworld.com.au/article/325331/afact_v_iinet_we_should_doing_afact_work?fp=4194304&#038;fpid=1">said</a> Dalby. “If we had received authorization by way of court order, that would have changed our position.”</p>
<p>AFACT went on to tender a draft e-security code of practice from the Internet Industry Association (IIA) created earlier this year. It proposes that in future, ISPs could contact, and maybe even disconnect subscribers, who have malware-ridden computers which negatively affect networks. Despite Justice Cowdroy indicating that its relevance was peripheral to the case and wouldn&#8217;t but much use when he comes to make his decision, it was allowed.</p>
<p>Dalby said he believed that iiNet had not been involved in the draft and he was personally unfamiliar with it. <a href="http://www.computerworld.com.au/article/325343/afact_v_iinet_draft_esecurity_code_introduced_court">CW</a> reports that he had been quoted on the issue in the media, but Dalby said that it was a regular occurrence for the press to call him to comment on issues he was not yet familiar with, and in this particular case his comments were &#8220;neutral and non-committal”.</p>
<p>In September we <a href="http://torrentfreak.com/anti-piracy-group-objects-to-friend-of-the-court-application-090909/">reported</a> that Australia’s Internet Industry Association (IIA) felt it had something to offer these court proceedings. IIA applied to be amicus curiae, a ‘friend of the court’, but AFACT objected, insisting the group would not be impartial and would favor iiNet.</p>
<p>The decision on whether this will be allowed or not has been <a href="http://www.itnews.com.au/News/159950,day-15-internet-industry-application-deferred-to-next-week.aspx">delayed</a> until next week.</p>
<p>In an indication that AFACT still objects to an IIA appearance, Bannon said that &#8220;&#8230;.there&#8217;s a conceivable possibility they don&#8217;t want to add anything other than to say ‘hear, hear&#8217;,&#8221; apparently to the amusement of the court.</p>
<p>AFACT barristers are scheduled to make their closing statements next Monday afternoon.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<title>In Guantanamo Film Premieres on BitTorrent</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/fxUbIqFMDIU/</link>
		<comments>http://torrentfreak.com/in-guantanamo-premieres-on-bittorrent-091106/#comments</comments>
		<pubDate>Thu, 05 Nov 2009 23:01:48 +0000</pubDate>
		<dc:creator>Ernesto</dc:creator>
				<category><![CDATA[Right to Copy]]></category>
		<category><![CDATA[Torrent Sites]]></category>
		<category><![CDATA[in Guantanamo]]></category>
		<category><![CDATA[vodo]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18625</guid>
		<description><![CDATA[With support from the three largest BitTorrent sites and many other well known file-sharing partners, the VODO project offers a novel distribution platform for indie filmmakers. Today VODO presents its second release, the world premiere of <em>In Guantanamo</em>, a critical film about the U.S. detainment facility in Cuba.]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/gitmo.jpg" align="right" alt="gitmo" /><a href="http://vodo.net/">VODO</a>, short for voluntary donation, has been a great success thus far. With support from several torrent sites including Mininova, The Pirate Bay and isoHunt, their <a href="http://torrentfreak.com/p2p-site-coalition-to-help-indie-filmmakers-091013/">first film</a> was downloaded several hundred thousand times. </p>
<p>Today the project releases the film &#8216;In Guantanamo&#8217; which makes a worldwide premiere on BitTorrent. The film documents filmmaker David Miller&#8217;s three day tour of the controversial camps, invited by the U.S. government.</p>
<p>&#8220;Although the event was presented as a chance to &#8217;see inside&#8217; the working of Guantanamo, it was in fact a carefully staged PR exercise designed to yield predictable, stale, controlled media images,&#8221; we read on the <a href="http://vodo.net/ingitmo">Gitmo&#8217;s</a> VODO release page.</p>
<p>The film has been officially released on VODO today and is currently featured on both isoHunt and The Pirate Bay. With help from these sites and several other partners well known to the file-sharing community, the project is able to attract a lot of eyeballs for upcoming and already established film talent.</p>
<p>VODO founder Jamie King told TorrentFreak that the project&#8217;s first film performed really well. &#8220;I think the first VODO release was a great success,&#8221; he said. &#8220;Around 250,000 downloads through our DISCO partners &#8212; as the filmmaker put it, that was more than his terrestrial TV release in the UK.&#8221; </p>
<p>As the project&#8217;s name already reveals, downloaders are encouraged to donate to the filmmakers if they appreciate their work. King told TorrentFreak that quite a few downloaders have donated generously. Not enough to fund a new movie obviously, but as the project gains more attention it is likely to bring in some serious income for the filmmakers.</p>
<p>In Guantanamo can be downloaded for free <a href="http://vodo.net/ingitmo">here</a>.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<feedburner:origLink>http://torrentfreak.com/in-guantanamo-premieres-on-bittorrent-091106/</feedburner:origLink></item>
		<item>
		<title>Demonoid is Alive, The Tracker Has Returned</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/v_tiQk3FvjQ/</link>
		<comments>http://torrentfreak.com/demonoid-is-alive-the-tracker-has-returned-091105/#comments</comments>
		<pubDate>Thu, 05 Nov 2009 18:04:23 +0000</pubDate>
		<dc:creator>Ernesto</dc:creator>
				<category><![CDATA[Torrent Sites]]></category>
		<category><![CDATA[demonoid]]></category>
		<category><![CDATA[demonoid maintenance]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18611</guid>
		<description><![CDATA[It has been many weeks since the popular semi-private BitTorrent tracker Demonoid went offline. The site's owner claimed the downtime was due to hardware issues and warned of the loss of both torrents and user data. Today, however, there is hope on the horizon, as Demonoid's tracker is now up and running again.]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/demonoid.jpg" align="right"  alt="demonoid" />Since Demonoid went down in September there has been a lot of speculation about what had caused it, and how long it would take for the site to recover.</p>
<p>As always, Demonoid staff kept quiet about the site&#8217;s future and all its users could do is wait for a sign of life, which quietly arrived earlier today.</p>
<p>A few hours ago Demonoid&#8217;s tracker started to respond again. It appears that it&#8217;s still hosted in Ukraine, and although the frontend of the site hasn&#8217;t updated yet, this comeback might indicate that the site is preparing for a full return.</p>
<p>The current situation stirs memories of Demonoid&#8217;s downtime back <a href="http://torrentfreak.com/demonoid-is-back-080411/">in 2007</a>. At the time the tracker also returned before the site itself became accessible again, which took two more months. Many Demonoid members are undoubtedly hoping that this chain of events will complete more quickly this time around. </p>
<div align="center">
<h5>Demonoid tracker is up and running</h5>
<p><img src="http://torrentfreak.com/images/demonoid-working.jpg" alt="demonoid" /></div>
<p>When the site returns, it&#8217;s likely that members that joined the site more recently will have to sign up again, while others may have to resubmit their torrents. &#8220;A loss of some months worth of activity including registered users and torrent submissions is to be expected,&#8221; Demonoid staff <a href="http://torrentfreak.com/demonoid-warns-of-severe-torrent-and-user-data-loss-090927/">warned</a> earlier.</p>
<p>The tracker&#8217;s return in itself is already being welcomed by the thousands of users whose torrent clients are not supporting trackerless torrents. Many of them might have been staring at several unfinished downloads for weeks, and now they are finally able to complete their downloads.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<item>
		<title>File-Sharers Protected Under Proposed EU Legislation</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/YD5HXXnH-og/</link>
		<comments>http://torrentfreak.com/file-sharers-protected-under-proposed-eu-legislation-091105/#comments</comments>
		<pubDate>Thu, 05 Nov 2009 14:16:09 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Copyright Issues]]></category>
		<category><![CDATA[Hot Off The Press]]></category>
		<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[Telecoms Reform Package]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18627</guid>
		<description><![CDATA[European Internet users accused of illicit file-sharing will not be disconnected on the whims of the entertainment industries. After an all night session European Union lawmakers agreed on a compromise text. Those accused will be entitled to a "fair and impartial" procedure, which will include the right to be heard.]]></description>
			<content:encoded><![CDATA[<p>Last night a committee comprised of EU government representatives, Members of the European Parliament and the European Commission settled their differences, which will now lead to a vote on acceptance of the controversial EU Telecoms Reform Package, aimed at boosting competition.</p>
<p>With a vote of 407 in favor, 57 against, with 171 abstentions, EU lawmakers sent the package back to the Council in May, due to concerns that Internet users would not have their rights sufficiently protected. </p>
<p>After all night negotiations the deadlock was broken after a compromise agreement was reached. Internet users in all 27 EU states will be entitled to be put through a &#8220;fair and impartial procedure&#8221; (although what that means exactly is far from clear), including the right to be heard in response to allegations before being subjected to the ultimate sanction &#8211; disconnection.</p>
<p>Christian Engström of The Pirate Party helped to shape the modified text that was accepted in a unanimous vote last night. </p>
<p>&#8220;The Telecoms Reform Package neither demands nor prohibits the implementation of three-strikes legislation to disconnect alleged file-sharers by member states,&#8221; Engström told TorrentFreak, adding that if they do implement such measures, they will have to be within the parameters of the directive.</p>
<p>As <a href="http://christianengstrom.wordpress.com/2009/11/05/telecom-package-final-agreed-text/">reported</a> by Engström, the exact text reads:</p>
<blockquote><p>3a. Measures taken by Member States regarding end-users’ access to or use of services and applications through electronic communications networks shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Community law.</p>
<p>Any of these measures regarding end-user’s access to or use of services and applications through electronic communications networks liable to restrict those fundamental rights or freedoms may only be imposed if they are appropriate, proportionate and necessary within a democratic society, and their implementation shall be subject to adequate procedural safeguards in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with general principles of Community law, including effective judicial protection and due process.</p>
<p>Accordingly, these measures may only be taken with due respect for the principle of presumption of innocence and the right to privacy. A prior fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with European Convention for the Protection of Human Rights and Fundamental Freedoms. </p>
<p>The right to an effective and timely judicial review shall be guaranteed.</p></blockquote>
<p>Engström said the vote for the text was a positive surprise as he thought this agreement would never happen. Although in an ideal world it is not everything he could have hoped for, it is a big step in the right direction.</p>
<p>&#8220;We would never have been able to achieve this without all the work that the community of net activists has put in,&#8221; he further notes. &#8220;We have shown that ordinary citizens working together can make a difference. And this is only the beginning. The Internet community has begun to flex its muscles.&#8221;</p>
<p>Engström told TorrentFreak that although he is happy with the outcome, there are still many battles to be fought. &#8220;Nobody should be disconnected from the Internet in an open and free society,&#8221; he said. </p>
<p>The European Parliament and Council is due to make a decision on the Telecoms Reform Package in late November, with the laws coming into force early 2010. Member countries will then have 18 months to pass the legislation into their own national laws. </p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<item>
		<title>AFACT v iiNet: It’s Impossible to Block The Pirate Bay</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/eWJxBEdC09c/</link>
		<comments>http://torrentfreak.com/afact-v-iinet-its-impossible-to-block-the-pirate-bay-091105/#comments</comments>
		<pubDate>Thu, 05 Nov 2009 08:57:52 +0000</pubDate>
		<dc:creator>enigmax</dc:creator>
				<category><![CDATA[Copyright Issues]]></category>
		<category><![CDATA[Legal Issues]]></category>
		<category><![CDATA[AFACT]]></category>
		<category><![CDATA[iiNet]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18604</guid>
		<description><![CDATA[Day twelve of the trial between anti-piracy group AFACT and Aussie ISP iiNet.  iiNet CEO Michael Malone was questioned by AFACT barrister Tony Bannon for the fourth consecutive day, this time about the world's largest tracker, The Pirate Bay, and any actions the ISP had taken to block customer access to it. ]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/afact.jpg" alt="AFACT" align="right" />It’s day twelve in the copyright infringement case of AFACT – representing several Hollywood studios – and Aussie ISP iiNet (earlier coverage of <a href="http://torrentfreak.com/afact-v-iinet-the-bittorrent-battle-begins-091006/">day one</a>, <a href="http://torrentfreak.com/afact-v-iinet-bittorrent-piracy-claims-artificially-inflated-091007/">day two</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-3-studios-promoted-bittorrent-091008/">day three</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-4-bittorrent-deals-irrelevant-091009/">day four </a>, <a href="http://torrentfreak.com/afact-v-iinet-day-5-anti-piracy-tech-is-secret-091012/">day five</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-6-ip-address-alone-is-not-enough-091013/">day six</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-7-did-investigators-condone-infringement-091014/">day seven</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-8-anti-piracy-evidence-lacking-091015/">day eight</a>, <a href="http://torrentfreak.com/afact-v-iinet-day-8-afact-attack-iinet-piracy-policy-091102/">day nine</a>, <a href="http://torrentfreak.com/afact-v-iinet-pirates-will-be-cut-off-with-a-court-order-091103/">day ten</a>, <a href="http://torrentfreak.com/afact-v-iinet-half-of-iinet-traffic-is-bittorrent-091104/">day eleven</a>.</p>
<p>The case continued Thursday in the Federal Court, with iiNet CEO Michael Malone taking the stand for the fourth consecutive day, and possibly his last.</p>
<p>Not unusually for a copyright trial involving BitTorrent, the issue of The Pirate Bay was raised. </p>
<p>Yesterday AFACT barrister Tony Bannon incorrectly suggested that iiNet&#8217;s very own BitTorrent tracker&#8217;s functionality had been taken down, later to discover that in fact the court&#8217;s network blocked BitTorrent transfers.</p>
<p>Bannon indicated that he would like to be able to give a courtroom demonstration of The Pirate Bay Thursday, and the judge agreed that it would be possible to lift the block so he could do so.</p>
<p>According to <a href="http://www.itnews.com.au/News/159823,day-14-film-industry-wants-iinet-to-block-pirate-bay-access.aspx">ITNews</a>, Bannon was today true to his word.</p>
<p>After the demo, Bannon enquired of Malone whether iiNet had a desire for its subscribers to be able to access the world&#8217;s largest tracker, &#8220;&#8230;when the only purpose it serves is providing a way to download unauthorized copies of films?&#8221;</p>
<p>This question was met with objection from iiNet barrister Richard Cobden, who argued that customer &#8220;desire&#8221; was irrelevant to the case. The judge, Justice Cowdroy, was also keen to discover the relevance.</p>
<p>Bannon then became the latest in a long line of movie and music industry lawyers to reveal that should his clients win the case, they will take legal action to have not only the world&#8217;s largest tracker blocked from iiNet&#8217;s customers, but other similar sites.</p>
<p>He also revealed that around 50% of the alleged copyright infringements in the case came courtesy of The Pirate Bay.</p>
<p>Then Bannon attempted to show that by allowing its customers to access The Pirate Bay, iiNet effectively sanctioned and authorized their infringing activities.</p>
<p>&#8220;We seek Mr Malone&#8217;s position as to whether or not his customers should have access to sites such as this,&#8221; said Bannon.</p>
<p>However, after legal argument, Bannon withdrew the question.</p>
<p>Malone did, however, concede that iiNet had taken no steps to block The Pirate Bay, but qualified this by indicating that the company didn&#8217;t possess the means to do so. Bannon asked if it was technically possible and Malone replied that he could achieve a primitive block with additional equipment, but even that could be easily circumvented</p>
<p>&#8220;To completely and conclusively block access to The Pirate Bay, I believe it to be beyond our technical capability or of any ISP,” <a href="http://www.computerworld.com.au/article/325157/afact_v_iinet_isp_lacks_technical_capability_block_bittorrent_websites">replied</a> Malone.</p>
<p>Asked by Cobden if iiNet had ever blocked any web sites, Malone said the company had not.</p>
<p>This technical inability led to iiNet pulling out of the Australian government&#8217;s filtering trials, reports ComputerWorld. Malone has been an outspoken critic of the filtering scheme, labeling it &#8220;<a href="http://torrentfreak.com/scheme-delayed-081226/">fundamentally flawed</a>&#8221; and saying his company would only participate in the trials to prove that filtering would fail.</p>
<p>The case continues.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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		<item>
		<title>Pirate Party Gets Second Seat in European Parliament</title>
		<link>http://feedproxy.google.com/~r/Torrentfreak/~3/KY3EAPAkt6w/</link>
		<comments>http://torrentfreak.com/pirate-party-gets-second-seat-in-european-parliament-091104/#comments</comments>
		<pubDate>Wed, 04 Nov 2009 15:38:21 +0000</pubDate>
		<dc:creator>Ernesto</dc:creator>
				<category><![CDATA[Politics and Ideology]]></category>
		<category><![CDATA[Amelia Andersdotter]]></category>
		<category><![CDATA[pirate-party]]></category>

		<guid isPermaLink="false">http://torrentfreak.com/?p=18587</guid>
		<description><![CDATA[With the Lisbon Treaty being signed by all European Union member states, the Pirate Party has gained another seat in the European Parliament. The second Pirate Party seat will be occupied by the 22 year old Amelia Andersdotter, who will become the youngest Member of the European Parliament.]]></description>
			<content:encoded><![CDATA[<p><img src="http://torrentfreak.com/images/Amelia_andersdotter.jpg" align="right" alt="amlia" />With more than 7 percent of the vote, the Swedish Pirate Party <a href="http://torrentfreak.com/pirate-party-wins-and-enters-the-european-parliament-090607/">secured</a> a seat in the European Parliament in June, and the possibility of gaining another if the Lisbon Treaty was signed by all member states.</p>
<p>The Lisbon Treaty was ratified yesterday by Vaclav Klaus, President of the Czech Republic, who was the last to sign the document.</p>
<p>Ironically, The Pirate Party was against the Lisbon Treaty, which has now doubled the number of seats the party has in the European Parliament.</p>
<p>The newly gained seat will be awarded to Amelia Andersdotter, who will become the youngest Member of the European Parliament. In order to free up time for her political career, Amelia recently decided to quit Economics and Spanish at Lund University in Sweden.</p>
<p>Besides fighting for fairer and more sensible copyright legislation, she will also spend time on education and the development of Europe&#8217;s knowledge economy.</p>
<p>&#8220;The Parliament needs to be going for a sustainable knowledge economy, and that&#8217;s where I come into play,&#8221; Amelia told TorrentFreak.</p>
<p>Amelia will officially take her seat in Brussels on December 1st, where she will be joining Christian Engstrom. The two will have plenty of work to do in the years to come, countering the growing influence from pro-copyright lobby groups.</p>
<p>Article from: <a href="http://torrentfreak.com">TorrentFreak</a>, check out our new blog at <a href="http://freakbits.com">FreakBits</a>.</p>
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