Piracy Archives

The fallout from iiNet: markets and laws failing in face of net piracy

Last week the Federal Court of Australia released its important decision in the iiNet case. As many commentators have pointed out, the court declined to require Australia’s ISPs to disconnect those of its subscribers who are repeat copyright infringers.

In the course of reaching this decision, the court made a number of important rulings about the liability arising from the use of BitTorrent networks including the following:

Seeders and peers that make music available for sharing are infringers under Australia’s making available right.

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Challenges for Digital Britain: broadband access, copyright and business models

Last week, the UK Minister for Digital Britain, Stephen Timms, gave a speech outlining the main challenges ahead for the government in moving forward with its Digital Britain initiative. He focused on three challenges, broadband; copyright; and new business models.

With respect to broadband, he outlined that the government had two major broadband projects: a commitment that every home in the country should be able to obtain a 2 Mbit/s broadband service – and so be able to use the applications which most people are using broadband for today; and a next-generation fund to support national scale investment in much higher speed services.…

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The Italian Pirate Bay Case: What did the court order and why?

On December 23, 2009, the Italian Supreme Court released its ruling in a case involving criminal charges against the operators of the Swedish website, Pirate Bay. The case raised a number of interesting issues including whether, under Italian criminal law, the operation of a BiTtorrent site is illegal when the operators get a financial return such as by showing advertising on the site; the seizure of a p2p file sharing website is possible; a court can grant injunctive relief requiring ISPs to block access to a site that facilitates infringement; and the criminal law extends to online digital piracy that in part takes place abroad.…

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The Epidemic of Online Book Piracy

When people think of unauthorized file sharing, they often focus on music, movies and TV programs, and software. Often forgotten is the magnitude of the illegal file sharing in the book publishing industry. A recent study published by Attributor documents what the Association of American Publishers calls an “Epidemic of Online Book Piracy”.

The study monitored piracy for 913 popular books across the most popular 25 file hosting sites starting in October 2009 for a period of 90 days.…

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Critiquing copyright canards

I just came across a paper published by the US based Copyright Alliance entitled Critiquing Copyright Canards. Written by Patrick Ross, the paper sets out to debunk some of the arguments or “canards” that are used by opponents of copyright.

The Copyright Alliance “is a non-profit, non-partisan educational organization dedicated to the value of copyright as an agent for creativity, jobs and growth. “ The report identifies its members as a broad coalition of the following groups: the American Federation of Television & Radio Artists; American Intellectual Property Law Association; American Society of Composers, Authors and Publishers; American Society of Media Photographers; Association of American Publishers; Association of Independent Music Publishers; AT&T; Attributor; Broadcast Music, Inc.;…

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ITIF Report: Strategies for Reducing Digital Piracy

Earlier this month, The Information Technology & Innovation Foundation (ITIF) published a paper called Steal These Policies: Strategies for Reducing Digital Piracy. The aim of the paper is to advance a policy in which illegal sources of digital content is reduced while legal content becomes more accessible. The executive summary provides the following overview of the problem as follows:

“The rise of broadband Internet access and cheap storage, along with the growth of digital content, has enabled digital piracy to flourish around the world.…

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Toying with funny math to downplay Canada’s role as a piracy haven

Several weeks ago TorrentFreak published its Top 25 Most Popular Torrent Sites of 2009. In a blog commenting on the rankings, I pointed out that out of the top 25, 7 of them are located or have connections to Canada and that of the top 10, 4 are located or have connections to Canada. I also pointed out that this meant that Canada, alone, is home to more than 25% of the world’s public English language unauthorized bitTorrent sites and 40% of the leading ones are in Canada.…

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Fung and Isohunt found liable for inducing worldwide copyright infringement

Earlier this week, a US district court granted summary judgement to MPAA members holding that Gary Fung and four websites operated by him, including Isohunt one of Canada’s largest bittorrent sites, contribute to massive worldwide copyright infringement.

Operators of bittorrent sites like isoHunt often claim they are nothing but content neutral search engines like Google. The Isohunt court disagreed holding, based on uncontested expert evidence, that approximately 95 percent of all files made accessible through Isohunt were infringing or highly likely to be infringing.…

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Canada’s embarrassing place in the BitTorrent rankings, Torrentz.com and IsoHunt world leaders

TorrentFreak just published its Top 25 Most Popular Torrent Sites of 2009. The list is based on traffic rank reports from Compete, Alexa and SiteReport’s World Rank.

Out of the top 25, 7 of them are located or have connections to Canada. Of the top 10, 4 are located or have connections to Canada. This means that Canada, alone, is home to more than 25% of the world’s public English language unauthorized BitTorrent sites and 40% of the leading ones are in Canada. …

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Mininova gone, who’s left and where are they located?

In August of this year a Dutch court ordered Mininova to remove all infringing torrents within three months. Yesterday, Mininova complied with the court’s order and disabled all torrents, except those in the licensed “content distribution” part of the service.

Mininova was the world’s second most popular unauthorized BitTorrent site. It facilitated infringement on a massive scale, with more than 10 billion downloads. Its demise follows Pirate Bay which was also ordered shut down following a decision by a Swedish court this past April which found Pirate Bay’s operators criminally responsible for copyright infringement.…

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