Wednesday, July 27, 2011

TorrentFreak Email Update

TorrentFreak Email Update


10 Min WiFi ‘Theft’ Could Cost Innocent 6,000 Euro Piracy Bill

Posted: 27 Jul 2011 03:29 AM PDT

While most requests for file-sharing related cash settlements never make the headlines since their recipients simply dig deep and pay up, a minority end up making waves. A situation in Finland is developing into one such case.

According to reports a woman from the Pohjanmaa region was astonished to receive a threatening letter last New Year’s Eve from Copyright Information and Anti-Piracy Center (CIAPC). The group, known locally as TTVK, claimed that the woman had been tracked sharing unauthorized files online and the only way to make the case go away would be the payment of a 6,000 euro settlement.

The woman is vigorously protesting her innocence.

“I have not used any such [file-sharing] programs at all,” she told Helsingin Sanomat.

However, what makes this case interesting is that not only does the woman believe that someone used her WiFi connection without her permission, but it’s acknowledged that whoever did so was actually only sharing illicit files online for just 10 minutes – that’s a 600 euro fine per minute.

“That’s the most expensive ten minutes of Internet use we’ve ever heard of,” Joonas Mäkinen of Finland’s Pirate Party told TorrentFreak.

“The problems here are numerous,” Mäkinen continued. “Not to mention the idea that a mere third-party NGO obtains private details of an ISPs customer, the owner of the network should by no means be responsible for the actions of users. This threatens the assumption of innocence and neutrality of service providers.”

Electronic Frontier Finland (EFFI) lawyer Ville Oksanen agrees.

“Open network owners are not responsible for other users’ activities,” says Oksanen.

Nevertheless, there are concerns that if the woman in this case is found guilty by a court then the presumption in future could be that open WiFi operators can be held responsible for the actions of their users.

CIAPC Managing Director Antti Kotilainen refused to comment on individual cases but insists that his group does not proceed with wrongful cases.

“If it can be shown that the challenge is unfounded, we do not take further action,” he said.

While Kotilainen’s comment may seem reassuring, the woman with a 6,000 euro settlement demand doesn’t appear to be reassured.

“The other party [TTVK] refused to negotiate on this issue,” she says

Kotilainen says that in 2010 TTVK sent out around 100 similar settlement letters, an amount set to be doubled this year.

Separately, CIAPC is continuing its efforts to have The Pirate Bay censored in Finland.

Source: 10 Min WiFi ‘Theft’ Could Cost Innocent 6,000 Euro Piracy Bill

Hotfile to Sue Warner Bros. For Abusing Its Anti-Piracy Tool

Posted: 26 Jul 2011 01:29 PM PDT

warnerEarlier this year five major Hollywood movie studios sued file-hosting service Hotfile for several copyright-related offenses.

While Hotfile has settled cases with copyright holders in the past, they are determined to fight this pivotal lawsuit to the end.

And not only that. A court document obtained by TorrentFreak reveals that Hotfile also plans to countersue one of the Hollywood studios.

Hotfile last week opposed a motion from the studios and the MPAA to limit the information (so called privilege logs) they have to produce in their ongoing case. As with a related filing we reported on yesterday, the reason to refuse access is that the movie studios claim their anti-piracy strategies are trade secrets.

Hotfile, however, wants the MPAA members to provide standard privilege logs as required by law, and for a good reason. Hidden in a footnote of the court papers Hotfile explains that it may use the information to file a lawsuit against Warner Bros.

“Being able to determine which withheld documents are related to Plaintiffs' cooperative antipiracy efforts to remove material from Hotfile is also important for a counterclaim Hotfile intends to bring against at least one of the Plaintiffs—Warner Bros. Entertainment, Inc. ("Warner").”

The file-hosting service explains that they plan to sue Warner Bros. for abusing their anti-piracy tool. Via the tool copyright holders can remove infringing content from Hotfile themselves, but the Hollywood studio allegedly did more than that.

“Hotfile has evidence that Warner used an antipiracy tool provided by Hotfile at Warner's request to improperly remove material for which Warner did not own a copyright, and that Warner removed some material without ever verifying the contents of what it was deleting. Hotfile is entitled to full information as to any claims of ‘privilege’ with respect to evidence withheld related to that claim.”


The footnote

footnote

Hotfile’s lawyers don’t provide any further specifics on the case but one possibility could be that the Warner Bros. account was used to remove files from other movie studios. More details will likely become available when Hotfile submits an official complaint to the court.

The ongoing legal battle between Hotfile and Hollywood is important for many similar services operating in the United States. Two weeks ago the file-hosting service scored its first win when the judge ruled that Hotfile is not liable for primary copyright infringement, but the case is far from over.

There is little doubt that the planned countersuit against Warner Bros. will add even more fuel to the fire.

Source: Hotfile to Sue Warner Bros. For Abusing Its Anti-Piracy Tool

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