Monday, October 11, 2010

TorrentFreak Email Update

TorrentFreak Email Update


Music Industry Fails In High Court Bid To Force 3 Strikes on ISP

Posted: 11 Oct 2010 05:15 AM PDT

An Internet service provider has won its "3 strikes" legal battle with the music industry. The Irish Recorded Music Association - Warner, Universal, Sony and EMI - had tried to force UPC to disconnect subscribers who they claim had been caught illegally sharing files. UPC refused and today it was announced that the ISP has won its fight.

In February 2009, IRMA – representing EMI, Sony, Universal and Warner – reached an out of court settlement with Ireland's largest ISP, Eircom.

The deal would see the ISP introduce a 3 strikes system for dealing with subscribers who share songs to which the labels own the copyright. The implementation of the agreement was held up over legal argument, but in April this year the High Court in Dublin gave it the green light.

Part of the private agreement between IRMA and Eircom required that the ISP should not be put at a competitive disadvantage through this 3 strikes set up. That meant that IRMA would have to go after other ISPs to force them to do the same.

Among others, IRMA sought agreement from UPC, but the ISP refused to play ball and the case went to the Irish High Court. Today the result of that action was announced and for the record labels and Eircom, the result was bad news.

In a judgment published today, Mr Justice Peter Charleton acknowledged that recording companies were being harmed by Internet piracy but that laws to cut off file-sharers were not enforceable in Ireland.

“It is not surprising that the legislative response laid down in our country in the Copyright and Related Rights Act 2000, at a time when this problem was not perceived to be as threatening to the creative and retail economy as it has become in 2010, has made no proper provision for the blocking, diverting or interrupting of internet communications intent on breaching copyright,” began the judgment.

Justice Charleton noted that by not having this legislative mechanism in place, Ireland is not in compliance with its obligations under European law. He added that the only thing the courts can force an Internet host to carry out is the removal of infringing material.

“UPC has repeatedly stressed that it does not condone piracy and has always taken a strong stance against illegal activity on its network,” the company said in a statement.

“It takes all steps required by the law to combat specific infringements which are brought to its attention and will continue to co-operate with rights holders where they have obtained the necessary court orders for alleged copyright infringements.”

“Our whole premise and defence focused on the mere conduit principal which provides that an internet service provider cannot be held liable for content transmitted across its network and today's decision supports the principal that ISPs are not liable for the actions of internet subscribers.”

The ruling leaves the music industry high and dry in Ireland and Eircom in the unfortunate position of being left at a commercial disadvantage. It will be interesting to see how the record labels and ISP handle this development.

Article from: TorrentFreak.

Top 10 Most Pirated Movies on BitTorrent

Posted: 11 Oct 2010 03:11 AM PDT

The top 10 most downloaded movies on BitTorrent, 'Jonah Hex' tops the chart this week, followed by 'Machete'. 'Resident Evil: Afterlife' completes the top three.

hexThis week there are three newcomers in the list. Jonah Hex is the most downloaded movie on BitTorrent this week.

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.

RSS feed for the weekly movie download chart.

Week ending October 10, 2010
Ranking (last week) Movie Rating / Trailer
torrentfreak.com
1 (6) Jonah Hex 4.4 / trailer
2 (2) Machete (R5) 7.5 / trailer
3 (…) Resident Evil: Afterlife (R5) 6.4 / trailer
4 (1) Get Him To The Greek 6.9 / trailer
5 (5) Robin Hood 7.0 / trailer
6 (4) Knight and Day (R5) 6.6 / trailer
7 (back) The Expendables (DVDscr) 7.4 / trailer
8 (…) Reign of Assassins (R5) 6.4 / trailer
9 (7) Iron Man 2 7.4 / trailer
10 (…) Toy Story 3 (R5) 8.9 / trailer

Article from: TorrentFreak.

HP Debuts Digital Vaccine to Prevent BitTorrent Addiction

Posted: 10 Oct 2010 06:20 AM PDT

For most people BitTorrent is nothing more than a great protocol that assists in transferring large data files from A to B. However, there is a subset of BitTorrent users that has a hard time controlling their download habits, and consequently they disrupt the networks at thousands of ISPs, offices and schools. Luckily, the IT multinational HP has developed a vaccine to treat these poor people.

needleVaccines are hot. Traditionally they were a biological preparation to prevent people from getting a disease, such as the vaccinations children get for polio, mumps and measles. In the last few years, however, new types of vaccines have popped up that aim to treat addictions such as smoking and cocaine.

In the true sense of the word the latter examples are not really vaccines, but the term is probably used for branding purposes. This trend has now been ported to the digital world by Hewlett-Packard (HP).

Where vaccines used to be limited to treating biological threats, HP has recently trademarked the term ‘digital vaccine’ for a wide range of treatments that prevent digital diseases – and addictions. The company has introduced a wide range of vaccines that can be injected into their TippingPoint product. These help network administrators to fight network ‘infections’.

HP’s vaccines protect networks against outside attacks, vulnerabilities and zero-day threats. But that’s only the beginning. At a press event in Barcelona earlier this week the company introduced another type of digital vaccine, one that deals with heavy BitTorrent users.

Named the Application Digital Vaccine (AppDV), the new ‘vaccine’ can be injected directly into the TippingPoint system. With only one treatment the network is protected against users who have a habit of downloading via BitTorrent and those who engage in various other unwelcome behaviors.

“AppDV filters can allow IT managers to completely block top social networking, IM, P2P, Webmail, streaming audio/video, online gaming, and tunneling applications. Or, if needed, managers call [sic] allow access to recreation apps like Facebook or MySpace, while simultaneously denying user access to embedded chat and email functions within those applications,” gloats HP about their latest piece of tech.

AppDV has already proven to be very effective at the University of Leeds in the UK where it nearly killed all BitTorrent traffic. According to Dave Neild, head of network development at the university, the ‘vaccine’ reduced the network load significantly and completely eliminated the cease and desist letters from copyright holders they used to receive regularly.

At this stage it is unknown whether users of the network continue feeding their addiction in other places, but the University of Leeds is reportedly clean now.

The only downside to the setup is that many people who use BitTorrent for their day job, or to update to the latest version of Starcraft 2, are unable to do so thanks to the vaccine. Luckily HP’s technology allows network administrators to make individual exceptions for those who show responsible downloading habits. Under strict supervision, some people are allowed to use a few bytes a day.

All in all the system is a great tool to keep networks clean and healthy according to HP. Net Neutrality issues aside, we assume that many ISPs would agree and would love to stick a needle in their network to keep BitTorrent addiction from spreading even further.

To be continued…

Article from: TorrentFreak.

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