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NelsonG

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  1. When Bram Cohen released the first version of BitTorrent in 2002, it sparked a file-sharing revolution. At the time bandwidth was a scarce resource, making it impossible to simultaneously share large files with millions of people over the Internet. BitTorrent not only thrived in that environment, the protocol remains effective even to this day. BitTorrent transfers rely on peer-to-peer file-sharing without a central storage location. With updated additions to the protocol, such as the BitTorrent Distributed Hash Table (DHT), torrent files no longer require a tracker server either, making it decentralized by nature. In theory, it doesn’t always work like that though. People who use BitTorrent, for research purposes or to grab the latest Linux distros, often use centralized search engines or indexes. If these go offline, the .torrent files they offer go offline too. Decentralizing Torrents This problem isn’t new and solutions have been around for quite a few years. There’s the University-sponsored Tribler torrent client, for example, and the BitTorrent protocol extension (BEP51), developed by ‘The 8472’, that also helps to tackle this exact problem. BEP51 makes it possible to discover and collect infohashes through DHT, without the need for a central tracker. These infohashes can be converted to magnet links and when paired with relevant metadata, it’s possible to create a full BitTorrent index that easily rivals most centralized torrent sites. Some centralized torrent sites, such as BTDigg, have already done just that. However, the beauty of the proposition involving DHT is that centralized sites are not required to act as search engines. With the right code, anyone can set up their own personalized and private DHT crawler, torrent index, and search engine. Bitmagnet: A Private Decentralized Torrent Index Bitmagnet is a relatively new self-hosted tool that does exactly that. The software, which is still in an early stage of development, was launched publicly a few months ago. “The project aims to reduce reliance on public torrent sites that are prone to takedown and expose users to ads and malware,” Mike, the lead developer, tells us. Those who know how to create a Docker container can have an instance up and running in minutes and for the privacy conscious, the docker-compose file on GitHub supports VPNs via Gluetun. Once Bitmagnet is up and running, it starts collecting torrent data from DHT, neatly classifies what it finds, and makes everything discoverable through its own search engine. Bitmagnet UI Decentralization is just one of the stated advantages. The developer was also positively surprised by the sheer amount of content that was discovered and categorized through Bitmagnet. This easily exceeds the libraries of most traditional torrent sites. “Run it for a month and you’ll have a personal index and search engine that dwarfs the popular torrent websites, and includes much content that can often only be found on difficult-to-join private trackers,” Mike tells us. After running the software for four months, the developer now has more than 12 million indexed torrents. However, other users with more bandwidth and better connections have many more already. This also brings us to one of the main drawbacks; a lack of curation. Curation Unlike well-moderated torrent sites, Bitmagnet adds almost any torrent it finds to its database. This includes mislabeled files, malware-ridden releases, and potentially illegal content. The software tries to limit abuse by filtering metadata for CSAM content, however. There are plans to add more curation by adding support for manual postings and federation. That would allow people with similar interests to connect, acting more like a trusted community. However, this is still work in progress. Another downside is that it could take longer to index rare content, as it has to be discovered first. Widely shared torrents tend to distribute quickly over DHT, but rare releases will take much longer to be picked up. In addition, users may occasionally stumble upon dead or incomplete torrents. Thus far, these drawbacks are not stopping people from trying the software. While Bitmagnet is only out as an “alpha” release it’s getting plenty of interest. The Docker image has been downloaded nearly 25k times and the repository has been starred by more than a thousand other developers so far. Caution is Advised! Mike doesn’t know how many people are running an instance or how they’re using them. Bitmagnet is designed and intended for people to run on their own computer and network, but people could turn it into a public-facing search engine as well. Running a public search engine comes with legal risks of course. Once there’s serious traffic, that will undoubtedly alert anti-piracy groups. Even those who use the software privately to download legitimate content might receive complaints. By crawling the DHT, the software presents itself as a torrent client. While it doesn’t download any content automatically, some rudimentary anti-piracy tracking tools might still (incorrectly) flag this activity. There are no examples of this happening at the moment, but the potential risk is why Bitmagnet advises users to opt for VPN routing. Impossible to Shut Down All in all, Bitmagnet is an interesting tool that uses some of BitTorrent’s underutilized powers, which have become increasingly rare in recent years. The idea behind Bitmagnet is similar to Magnetico, which first came out in 2017. While that no longer appears to be actively maintained, it remains available on GitHub. During these years, we haven’t seen any takedown notices targeting the software. Mike hopes that his project will be spared from copyright complaints too. The developer sees it simply as a content-neutral tool, much like a web browser. “I hope that the project is immune from such issues, because the source code contains no copyright infringing material. How people choose to use the app is up to them – if you access copyrighted content using a web browser or BitTorrent client, that does not make the vendors of those apps liable.” “Bitmagnet cannot be ‘taken down’ – even if the GitHub repository were threatened by an illegitimate takedown request, the code can easily be hosted elsewhere,” Mike concludes. From: TF, for the latest news on copyright battles, piracy and more. View the full article
  2. Night Tales has built a name for themselves in the house and deep house scene with a very unique sound that has allowed them to crossover into more commercial markets. Their latest single “Ready” is another great tune, with a captivating blend of drums, synths, and horns, expertly crafted by Night Tales to enthrall listeners. The groove-filled instrumental lays a solid foundation for the mesmerizing lyrics that follow. As the track progresses, it builds anticipation before reaching its climactic chorus, characterized by a deep house bassline seamlessly fused with crisp percussion, ethereal echoes, and commanding vocals. True to Night Tales’ style, the duo keeps audiences engaged with fresh soundscapes and infectious rhythms throughout the latter half of “Ready.” Delving into the creative process behind the track, Night Tales reveals that “Ready” was born from a collection of samples sourced from Splice and the Serato sampler. This sonic amalgamation incorporates a variety of elements, including melodies, pitch shifters, autotune, and more. The song’s anthem-like quality is further enhanced by the intensity and diversity of the drums, with the duo experimenting extensively with rhythms and musical beds to evoke the desired emotions in the final product. Listen below! This article was first published on Your EDM. Source: Night Tales Release Mesmerizing Deep House Single “Ready” View the full article
  3. Sherm is on an unstoppable rise, culminating in a standout finish to 2023 with features in Forbes and a prime slot supporting Zedd’s NYE bash at Navy Pier. Far from slowing down, Sherm is thrilled to announce his fifth consecutive appearance at Chicago’s prestigious North Coast Festival. Adding to the excitement, he joins forces with Halil Sensei to drop their pulsating tech house anthem, “Toxic,” available today via Hood Politics Records. “Toxic” encapsulates the finest elements of the underground, powered by a hypnotic vocal and booming tech house groove. Sherm & Halil prove just how dynamic of a team they are, effortlessly contorlling the energy from start to finish to create an enchanting experience. Whether it’s part of your pre-game, peak time at the club, or on your way to the afters, this is the perfect tune to turn on. Listen below! This article was first published on Your EDM. Source: Sherm & Halil Sensei Link Up For Spectacular Underground Single “Toxic” View the full article
  4. Continuing their momentum from their Factory 93 single “Instinct,” techno duo Dunes of Dawn ended 2023 on a high note, gracing the stage at Chicago’s esteemed ‘Day One’ event alongside industry heavyweights like Skream and Hot Since 82. These accomplishments caught the attention of influential labels, setting the stage for what promises to be their most impactful year yet. Comprised of lifelong friends Tanner and Yianni, Dunes of Dawn have dedicated themselves to their craft, with a deep-seated passion for electronic music driving their journey. Navigating the realms of house and techno, their dedication has led to significant milestones, including sharing stages with the likes of Agents of Time, andhim, and Andrew Bayer. Now, their ascent continues with a signing to one of electronic music’s most revered labels: Insomniac Records. Their latest release, “Dimension,” under the In Rotation/Insomniac Records imprint, marks the beginning of a new chapter for Dunes of Dawn. This track serves as the inaugural step in a series of label partnerships, each representing a milestone in their burgeoning career. From the first pulsating beat, “Dimension” transports listeners to a futuristic dystopia, characterized by its dark melody and powerful percussion. Tanner’s haunting vocal sample seamlessly weaves into the fabric of the track, enveloping the listener and solidifying the thematic architecture. Check it out below! This article was first published on Your EDM. Source: Dunes of Dawn Make Debut On Insomniac Label With Thrilling Techno Single ‘Dimension’ View the full article
  5. Nate Mars recently unveiled his latest project, the In Time (Remixes) collection, featuring reimagined versions of his original In Time EP, released just last November. This eagerly anticipated release showcases remixes by esteemed artists Liondub, Tim Reaper, and Starkey, each injecting their unique flair into Mars’ tracks. Alongside these remixes, Mars introduces “Parallelogram,” a fresh original track that perfectly encapsulates his signature style. Kicking off the In Time (Remixes) is Liondub’s reinterpretation of the title track, “In Time.” Liondub, a seasoned figure in the global drum and bass scene, delivers a smooth and polished rendition, infusing the track with a seamless drum and bass rhythm that propels the listener forward. With Liondub’s extensive experience and collaborations with reggae and dancehall artists worldwide, his take on “In Time” sets the tone for the remix collection. Meanwhile, Tim Reaper, founder of the esteemed Future Retro London record label, offers a sophisticated remix of “Starting Over.” Known for his mastery of jungle and breakbeat hardcore, Reaper showcases his technical prowess with clever breaks and minimalistic vocal elements that highlight the essence of quality dance music. His remix exemplifies the spirit of original jungle music, staying true to the genre’s roots while adding a contemporary touch. Philadelphia-based producer Starkey rounds out the remix collection with his unique take on “To Kill A DJ,” infusing the track with dub/reggae influences and hard-hitting UK garage elements. Starkey’s dystopian soundscape captivates listeners, seamlessly blending Mars’ original with his distinct style, demonstrating his versatility and boundary-pushing approach to music production. Finally, Nate Mars introduces “Parallelogram,” a brand-new original track that showcases his expertise in drum and bass and UK garage. With its metallic percussion, fast-paced breaks, and thick basslines, “Parallelogram” exemplifies Mars’ ability to surprise and delight listeners with his innovative soundscapes. We had the opportunity to speak with Nate about the remixes and what’s ahead for this year. Check it out below! It looks like ‘Out Of The City’ and ‘In Time’ projects were major recent highlights. What do you hope people will take away from both of these works? I’m very proud of those two releases and they are both deeply personal to me. I have always been into the sound of the TB-303. It is a magical instrument that can sound hypnotic at times or produce a driving, aggressive bassline but it is so rarely used beyond Acid House. For the “Out Of The City” record I really wanted to push 303 norms and I think ultimately DIA LUNA and I made songs where it serves as the glue but overall, we took things in a more dark pop direction. That record came about through longtime collaboration and a series of live shows together, experimenting with looped vocals, drum machines and other hardware. While I do DJ a bit these days, I still really love playing live sets with the TB-303 and other gear. For the “In Time” release, I went back to my roots in drum and bass/jungle a bit. I have always been inspired by that sound along with 90s rave music, breakcore and early dubstep. My very first release was actually a drum and bass release on a compilation called “Liberation Systems” which also featured artists like DJ Spooky, DJ Wally and others from the Liquid Sky era. That release came out several years ago and I hadn’t released any new drum and bass since this most recent “In Time” EP which features 4 new songs. I have been making a lot of drum and bass though and am currently sitting on a lot of unreleased songs. I may release more this year. In the meantime, there is also a remix EP that was recently released which features remixes from Liondub, Tim Reaper and Starkey; all artists whom I deeply respect. Huge thanks to everyone who is listening and supporting as well. How did you and Tim Reaper, Starkey and the other artists for the remix EP meet? It’s awesome that they have become part of the ‘In Time (Remixes)’ release. I have not actually met Tim Reaper before. I had reached out to him about a remix for this project because I love his production style. He is a very prolific producer, DJ and founder of the label FutureRetro London which has some amazing releases. I am honored that he was up for a remix. Liondub and I have known each other for many years now through the small New York scene. I remixed a track for his label a while back and immediately thought of him for this remix EP. Starkey and I have also known each other for a while now and have played a few shows together before. His remix of “To Kill A DJ” took that song to a whole other level! The drums on that one sound bonkers. Your work and passion extend beyond the studio. What upcoming visual project are you working on, and what inspired you to focus on it? In addition to releasing songs, I love working on projects where I can bring music or sound design to immersive experiences like visual installations and games. I recently started collaborating with a longtime friend and visual artist Far Eye under the name Pressure + Time, the outlet for our audio/visual work together. We just had a show on view at a gallery in upstate NY for a month utilizing old school tube TVs with looped videos that would generate different visual and sonic combinations as they play. I also just finished working on sound design for a very cool independent game called ‘Sound Gardner’ created by James Capuder. In the game, you create a sonic garden by planting various plants that also generate sounds. Over time, certain plants will pass away (each species having a different lifespan) and this generates new and interesting sonic combinations while also making room in the garden to grow new trees, mushrooms and flowers. Both of these projects were a lot of fun to work on. There’s an atmosphere of independence and confidence in your own artistic direction evident through the branding and sound of the Nate Mars concept. Where does this sensibility come from? Thank you. I try not to think about my “brand” too much and just let things flow naturally. Especially when I’m working on music which I do daily, I make a point not to think about anything related to biz and really focus on getting the songs to a place where I feel good about them. When I have music that feels finished, then I’ll dedicate some time to think about where the songs might live out in the world and maybe resonate with people. Musically, I do spend time thinking about pushing certain sounds I’m inspired by in new directions though. That is what led me to write “songs” with the TB-303 instead of “tracks” where there are lyrics and more of a structure. I think the 303 has so much room to inspire and reach new ears outside of Acid House. This thinking is also what led me to sing and write lyrics for the “In Time” EP. There are some other innovators who are bringing Dnb into more of a song structure but I think there is still so much more room for exploration. I noticed you have releases dating back nearly 15 years on Spotify. What got you started, and what keeps you going in music? I have been a musician for a long time, growing up playing bass since I was around 12 years old. Eventually that led to producing music because I would hear or imagine other instruments playing melodic parts while I was practicing bass or imagine what the drummer was playing. I have pretty much always known that music is something I would stick with. Now, I sort of can’t not keep going. If time passes and I don’t work on music for a bit due to various things that inevitably come up in life, I’ll start feeling depressed or guilty. Music is deeply important to me and it has always served as an outlet of emotional expression to celebrate the joys in life or cope with its challenges. Are there any moments or activities that place you in a more inspired or creative headspace? I think it is very important to make time to “take in” other art forms. I am kind of an extroverted introvert. While I can be social, I also like to spend a lot of time alone reading, listening to music, walking in nature or playing video games. I currently blaze through a good book every two weeks or so and get out in nature to hike pretty regularly. Some amazing books I have read lately are “The Coming Wave” by Mustafa Suleyeman which talks about the trajectory of AI and the intersection with biotechnology. I also found Rick Rubin’s “The Creative Act” to be tremendously inspiring and applicable to any creative endeavor. Currently, I’m reading “Crime and Punishment” by Fyodor Dostoevsky after just finishing Cormack McCarthy’s latest novels, “The Passenger” and “Stella Maris”. Highly recommend all of these. Also recommend Elden Ring and Call Of Duty for PS5. Haha. Looking back, were there any key mentors or figures during your upbringing who helped put you on the path to music? There are several people who have greatly impacted my journey in music over the years. My good friend and incredible music producer Eric Maltz who now lives in Berlin started a record label with me called AlienUpRock in the early 2000s. We pressed a record, took it to stores like Breakbeat Science, Satellite and Eightball in NY when those stores were open and worked on a bunch of music together. We have learned a lot from each other over the years. On the film/TV music side of things, my good friend Greg Tobler is an amazing mix engineer who has worked on some great shows for HBO, Netflix and others. He has given me many opportunities over the years to hone my skills and I’m very grateful. On the business side of things, my good friend Justin Klienfeld who owns rephlektor, a music PR and marketing agency has given me so much incredible advice over the years, helping me navigate the ever-changing landscape of the industry. There are so many other people I want to shout out here but these 3 people come to mind in terms of the direct impact they have had on my music. I also greatly trust their ears and sometimes share projects ahead of release for a vibe check. I don’t like to share music with too many people before I release something but this crew is in my inner circle. And while not necessarily mentors because I don’t know them personally, musical artists like Massive Attack, The Prodigy, Bjork, Apex Twin, Jamie xx, The Knife, Susumu Yakota, Philip Glass, Goldie and Moby immediately come to mind as having made a huge impact on my work. I’m also deeply inspired by artists who work in other mediums like Agnes Danes, Yayoi Kusama and Tomás Saraceno. How is 2024 looking for you? Are there upcoming releases you have slated, and what are your goals? I am currently sitting on a lot of unreleased music. Most of it is acid leaning, drum and bass or jungle inspired and there is also some really weird experimental stuff thrown in. I plan to release more records this coming year starting in Spring of 2024. I am also working on a pretty big audio/visual project that incorporates some old films that are now in the public domain. I’m excited about that project and will have more to share soon! This article was first published on Your EDM. Source: [INTERVIEW] Nate Mars Unveils Official Remixes From Liondub, Tim Reaper, Starkey & His Own New Original ‘Parallelogram’ View the full article
  6. Following the success of his December 2023 release, ‘You Ready To Work?’ and January 2024’s ‘Everyday,’ Kid Caird is hitting the ground running as he gears up for the year ahead. With over 100K streams on Spotify alone, a busy touring schedule, and countless hours spent in the studio last year, he’s eager to make the most of every opportunity in 2024. His latest single is “Body Work,” a track born from a stroke of inspiration while Kid Caird was at his keyboard, diving into the digital crates of samples. As he sifted through the sounds, creative sparks flew, culminating in the realization of his vision. With each tinkering session, the pieces fell into place until the song burst to life. “Body Work” wastes no time in captivating listeners with its crisp tech house percussion, robust basslines, and a synth with brass-inspired tones that serve as the song’s anchor. Combined with chopped vocal samples, it’s the recipe for a night filled with unforgettable moments on the dancefloor. Listen below! This article was first published on Your EDM. Source: Aussie artist Kid Caird Drops Simmering Tech-House Banger ‘Body Work’ View the full article
  7. Blaze Orange and Kwal, driven by a string of label releases, club gigs, and late-night afterparties, are seizing every opportunity to ride the wave of momentum cultivated in 2023. Hailing from the vibrant Chicago-Milwaukee corridor, an area rich in artistic opportunities and home to a diverse array of talent and venues showcasing electronic music, the duo is thriving. With their trajectory on the upswing across various fronts, they’ve dedicated themselves wholeheartedly to their latest project. Their latest release, “Shake,” delivers a club-friendly, classic house vibe punctuated by well-placed vocal samples. The track effortlessly infuses a hypnotic groove, driven by a pulsating bassline, raw synths, and high energy arrangement. Signed to the rapidly expanding label Pharaoh Phonix, “Shake” proves to be another heater ready for dance floors around the world. We had the opportunity to speak with them about the single and their work together. Check out the interview below! For both artists: How has the Chicago-Milwaukee corridor influenced Blaze Orange and Kwal’s music and career trajectory? K: The two cities are so close in proximity that it’s almost impossible for spillover to not occur. Chicago has strong roots as the birthplace of house music.. Milwaukee shares that same passion for house music so finding artists with similar tastes is not a complicated task. There is so much talent between these two cities. B: Milwaukee has always seemed to look up to Chicago for being both the home of House Music and quality of events and artists. I have a great respect and admiration for those early artists that carved the way of House Music. I think you will hear that more and more out of my recent work some of the Chicago flavor I put into my songs. For both artists: Can you describe the process behind creating “Shake” and how you achieved its distinct sound without resorting to overcomplicated sound design? K: Blaze Orange had a fantastic groove laid down when he reached out about collaborating. Once I heard his original idea, I knew I would be able to add my own flavor to it without needing to recreate the wheel. It was one of the less stressful collaborations I’ve done in recent memory and I think that’s what made it so special. B: Late one night, I had an idea laid out, the SHAKE vocal response was something I tried in a previous song that didn’t get far. This time the track was done within a day and I was really digging it. After I sent it to Kwal for his thoughts, he opted to jump on and it was very easy for the collaboration. We both were able to add complimenting drums and synths to the sound to keep the energy and make it memorable. Blaze Orange, what inspired the transition to your current persona in late 2021, and how has it impacted your musical direction? B: I spent 15 years as a mostly open format DJ that quite frankly achieved most anything I ever wanted. I had the pleasure of playing shows with the likes of Green Velvet, Ardalan, Disco Fries, LA Riots, and many others. However I never took production seriously until then. Working hard through the summer, I was close to having tracks that could get signed. I opted to rebrand, stop all open format shows, and go all in on the new persona of Blaze Orange. Only wanting to do shows where I can play some of my own tracks and other house music tastes that I enjoy. It’s been fantastic so far. Lots of hard work in the studio, sending out demos, promoting the tracks and shows. I’ve accomplished a lot lately but always striving for those next goals and to improve my sound and brand. Kwal, working in artist relations at Spybar, how has interacting with renowned tech house artists influenced your music production and DJing style? K: Contrary to popular belief my biggest takeaway from working in AR is not what everyone thinks it is.. 99% of these artists are incredibly nice people and are humble. It keeps me in check and reminds me to just be myself. Hearing headliners play so often also reminds me that we producers tend to really over complicate our song creation process. Create a strong groove and keep it simple. For both artists: How do you balance the demands of label releases, club performances, and afterparties while maintaining your creative output? K: As I grow as an artist it is slowly becoming a bit hectic to stay on top of everything “required” to be a music producer in 2024. One thing that keeps me grounded is having a schedule. Set aside time to complete tasks and do your best not to get distracted. Lastly, don’t forget to take time to be with your family, significant other, pets, etc. B: I’ll come straight forward and say, it’s my experience and the fact that I am 8 years sober. I have put great value on weekend studio sessions in the morning being the most productive and creative. I do not drink at all, I go home and to bed after most every show so I can get back in my studio the next day. Striving to get music work done during the work week also can be challenging; however, discipline is everything. I do turn down some shows or just a fun night out so I can get some music work done. Blaze Orange, how has your musicians’ collective contributed to the growth of the community and supported emerging artists? B: I have worked with a number of groups over many years. There are always waves of both music sounds, genres and talent. Finding the middle ground to respect those that came before you and also help along the younger new talents. I have taken part in some sober events, fundraising and benefit shows to raise awareness for various causes. Also on the production side, I have started to tutor and help aspiring producers to learn there way around music production and the industry. Kwal, since starting your journey in the music industry in 2013, what significant changes have you observed in the electronic music scene, particularly in Chicago? K: Chicago is an extremely busy city when it comes to house music culture. One thing I can say for certain is that being able to make good music has never been enough to get you on stage. This city and its promoters/talent buyers really want your support which makes total sense. I neglected this for such a long time and it impacted my career early on. Get involved and shed love as much as you can. With that said, I’d say the biggest change has been in the amount of promoters in the city. For both artists: How do you approach the creative process when collaborating on tracks, and what roles do each of you play? K: For me I tend to only take on collabs from others if I truly feel I can add value to the song. My strong suits are writing basslines and drums. I also tend to find myself being picky and not wanting to rush to finish. B: For me, working in a compatible DAW like Ableton goes a LONG way. I can be picky about sounds being genuine to what I like. This one with Kwal came very easy and organically that fit both of our styles. I should also mention we met on a Discord server for the producer CASHEW and found out Kwal was pretty local to me. That was pretty cool, so thanks to CASHEW! For both artists: With a clear vision for the year ahead, what are some specific goals or projects you’re aiming to accomplish? K: My biggest goals for 2024 are to sign a contract with one of my top 5 labels and to commit to playing a local festival like Arc(even if it’s for 2025). B: Growing my fanbase, socials, music reach. Main targets for this year are signing a track to a much bigger label than previously. As well as a music festival for this year or next. Continuing to craft my sound, brand and workflow should help those things fall into place. This article was first published on Your EDM. Source: Blaze Orange & Kwal Collaborate For Electrifying House Single ‘Shake’ View the full article
  8. Lawsuits filed in the United States targeting pirate sites usually focus on breaches of copyright law, typically direct and secondary infringement, or violations of the DMCA, depending on individual circumstances. Allegations of copyright infringement also featured in a complaint filed at an Arizona court in 2023, which hoped to quickly shut down a popular pirate site. Somewhat unusually, however, federal trademark infringement and cybersquatting allegations also played a key role, alongside other claims including unfair competition. Complaint Targets Kokoa TV Plaintiff Wavve Americas Inc. (wA) describes itself as a joint partnership between SK Telecom and the top three Korean Broadcast Networks –KBS, MBC, and SBS. According to the company’s website, wA’s mission is to use its open video streaming platform Kocowa (Korean Content Wave) to generate value for its content partners while providing an exceptional user experience. The company’s complaint filed last year targeted the unknown domain registrant of kokoatv.net, kokoa.tv, and vidground.com. All three domains were registered at Namecheap which requires registrants to consent to personal jurisdiction in Arizona when in dispute with a third party. The complaint alleged that Kokoa TV provided access to Korean-based TV shows and movies, including those exclusively licensed to wA for distribution in the United States. The site targeted both Korean and English-speaking audiences, the complaint added, with video content sourced from platforms including vidground.com. Trading Off Kocowa’s Goodwill (and its content) Kokoa TV’s choice of branding was called out for its similarity to the plaintiffs’ service Kocowa, for which they hold a trademark. The aim, the complaint added, was to trade off the goodwill of Kocowa while cybersquatting a deliberately similar domain, to confuse users into believing that the defendant’s platform had links to the official service. Once presented with official content without having to pay for any of it, users of the unlicensed service Kokoa would be deterred from using the official platform offered by the plaintiffs, the complaint added. Kocowa holds an exclusive license to distribute around 1,100 shows in the United States, content created by the three major Korean networks. The sites operated by the defendant offered that content for free, leading to allegations of copyright infringement and contributory copyright infringement. All three domains had their ownership hidden by a WHOIS protection service so when Namecheap refused to disable the domains or hand over the identity of the domains’ operator, Wavve Americas Inc. filed its complaint. The company demanded a permanent injunction, an award sufficient to cover the costs of corrective advertising, an award of Kokoa’s profits, the transfer of its domain names, damages for both trademark and copyright infringement, plus attorneys’ fees and costs. Plaintiff Prevails Discovery directed at Namecheap revealed the same name behind all three domains – Tumi Max of Bangkok, Thailand – who was named in the plaintiff’s first amended complaint. The defendant was served September 22, 2023, but after failing to appear, the court’s entry of default was followed by a motion for default judgment. Judge Michael T. Liburdi handed down his order on February 6, 2024. Since the defendant had accepted Namecheap’s terms and conditions, the Judge found that personal jurisdiction had been established. Since the websites were accessible in the district and likely to cause confusion there, venue was considered proper. Since Tubi Max decided not to appear, he failed to produce rebuttal evidence related to the distribution of the plaintiff’s content. While the Judge found Kocowa a “conceptually strong mark” he noted that the complaint failed to demonstrate it was a “commercially strong” mark. However, after weighing several factors including the defendants’ absence, the broadcasters prevailed on their trademark, cybersquatting, and copyright infringement claims. A permanent injunction followed soon after, comprehensively restraining Tubi Max from unlawful use of the plaintiff’s trademarks (image below) and any unlicensed use of its copyrighted works. It appears that the focus of the complaint was to shut the site down since the injunction notes that “wA does not seek monetary damages.” As the above shows, Namecheap was instructed to hand over the domains to prevent any further infringement of the plaintiff’s rights. Visitors to those domains today will find themselves redirected to the plaintiff’s streaming platform where they will be able to compensate the rightful owners when consuming their copyrighted content. In theory, at least. The complaint and other filings cited above are available here From: TF, for the latest news on copyright battles, piracy and more. View the full article
  9. In recent years, website blocking has become one of the most widely-used anti-piracy enforcement mechanisms in the world. ISPs in several dozen countries prevent subscribers from accessing a variety of ‘pirate’ sites. New blocks are added every month and rightsholders are actively lobbying to expand the measure to the United States. While site blocking is by no means a panacea, copyright holders are convinced that it has a notable effect and have research to back this up. Piracy Blocking Research One of the earliest pieces of peer-reviewed academic research, based on UK data, showed that the local Pirate Bay blockade had little effect on legal consumption. Instead, pirates turned to alternative pirate sites, proxies, or VPNs to bypass the virtual restrictions. A follow-up study added more color and brought good news for rightsholders. The research found that once a large number of sites were blocked in the UK, overall pirate site traffic decreased. At the same time, the researchers observed an increase in traffic to legal services such as Netflix. The latter findings are frequently cited in policy discussions around site blocking. While the results are solid, they are limited too. They only apply to the UK situation, for example, and the long-term effects of site-blocking efforts on piracy and legal consumption are missing. New Findings: India A new non-peer-reviewed working paper published by Chapman University and Carnegie Mellon University researchers aims to fill the first gap. Using similar methodology to that seen in the earlier UK study, the researchers studied the effects of blocking in India and Brazil. The working paper In India, the researchers studied two separate blocking waves. The first took place in December 2019, when 380 piracy websites were blocked. The second wave was implemented in September 2020, when Indian ISPs blocked 173 additional piracy sites. The researchers checked browsing data to see if the blocks were effective and whether pirates switched to unblocked sites. Visits to legal video entertainment services, including Netflix and Hotstar, were monitored as well. The results of these studies largely replicate the UK findings. The first Indian blocking wave triggered an 8.1% increase in visits to legal sites, and the second wave led to a 3.1% increase. There was no statistically significant increase in visits to unblocked pirate sites. Overall, the Indian findings suggest that site blocking can increase legal consumption without driving traffic to other, unblocked pirate sites. New Findings: Brazil Next, the researchers turned their attention to Brazil, where 174 piracy sites were blocked in July 2021. Using a similar research design, they found that these pirate site blocks resulted in a 5.2% increase in visits to paid streaming websites. Unlike in India, there was a significant increase in traffic to unblocked pirate sites in Brazil. This is similar to the ‘dispersion’ effect that was previously found in response to UK blockades. [I]n Brazil we found that blocking 174 piracy sites caused a statistically significant increase in visits to unblocked piracy sites, in essence dispersing some piracy,” the researchers write. ‘Pirate Site Blocking Works’ These findings suggest that the positive effects of pirate site blocking are not limited to the UK. This will be music to the ears of rightsholders who wish to expand pirate site blocking globally, with the US as the ‘holy grail’. “[The research] provides evidence that website blocking in Brazil and India in 2019, 2020, and 2021 has a similar effect as it did in the UK in 2013 and 2014, despite the fact that during that intervening time the landscape of piracy and legal consumption has changed significantly. “In short, our results suggest that piracy website blocking remains an effective strategy for increasing legal consumption of copyrighted content,” the researchers add. While the latest study isn’t peer-reviewed separately, it indeed confirms the earlier findings. That said, piracy research is dynamic and never complete, so many questions remain unanswered. More (Lasting) Conclusions? One question that remains concerns the lasting effect on behavior. The studies above only measure consumption patterns in the span of a few months, and it’s possible that some pirates eventually relapse. Brett Danaher of Chapman University, the lead author of the paper, recognizes this shortcoming. Ideally, he would like to do more longitudinal research but obtaining that type of data is not easy. “The biggest challenge there is finding a panel company that tracks a consistent set of users for longer periods of time,” Danaher tells TorrentFreak. “With the companies we’ve been working with, the size of the panel shrinks exponentially as we ask for longer panels. It’s a real challenge.” The researcher mentions that there is a study that found that the effects of blocking measures are short-lived, but that only applies to a single site, Kino.to. This ‘relapse’ finding was later supported by an Italian study, that included over two dozen sites. Danaher further explained that the latest study wasn’t peer-reviewed because it’s a replication study. The research uses the same methodology as the previously published UK study, which was peer-reviewed and published in MIS Quarterly. “Our thought was that there was useful information in this study and the methodology itself has already undergone peer review, but the peer review process for this paper would have taken a lot of time with little probability of landing in a premier journal.” MPA Funding Finally, it should be noted that this new India/Brazil study, like previous ones, is carried out as part of Carnegie Mellon University’s Initiative for Digital Entertainment Analytics (IDEA). The initiative is partly funded by the Motion Picture Association (MPA) which is the driving force behind many global site blocking efforts. The MPA has sent unrestricted gifts to IDEA center since 2012, totaling several million dollars. In recent years, the gift amounted to $1 million annually. There is no evidence that the research findings are in any way influenced by this funding, of course. The connected researchers have repeatedly pointed out that they operate completely independently, which Danaher confirms. “To me, the top value of the center is that it allows me to sometimes access data to which I otherwise would not have access but protects me from outside influences,” Danaher notes, using the movie industry sales figures that were used in a Megaupload study as an example “In other words, once I get studio data through the IDEA Center for a particular project, I am guaranteed the ability to publish my results for that paper regardless of what they say,” he adds. — Danaher, Brett and Sivan, Liron and Smith, Michael D. and Telang, Rahul, The Impact of Online Piracy Website Blocking on Consumer Choices (February 12, 2024). Available at SSRN. From: TF, for the latest news on copyright battles, piracy and more. View the full article
  10. There’s no shortage of reasonable arguments that support the existence of a comprehensive anti-piracy system in Italy, capable of returning revenue to broadcasters, local football clubs, and rightsholders in general. On the other side of the debate, consumers of pirate IPTV services argue that a virtual monopoly, in which competition isn’t allowed to exist, is the very reason pirate IPTV services became so popular in the first place. In the middle of this chasm of differences are those who warned that the supposed solution to piracy of live sports – the much heralded Piracy Shield system – could end up causing collateral damage without proper checks and balances. However, a soft launch in December passed without incident and following Piracy Shield’s full launch late January, no significant controversies marred the automated blocking system’s first two weeks on the frontlines. Rightsholders Open The Firehose After a sensibly tentative start, last weekend saw Piracy Shield put through its toughest test yet, DDAY.it reported Monday. After previously being asked to block just a handful of IP addresses, over 400 IP addresses were requested last Saturday. Why Piracy Shield crashed in response isn’t especially clear. DDAY.it, which appears to have an insider somewhere in the system, believes that thousands of simultaneous requests may have been too much for an underpowered server. That’s not impossible or even unlikely but for rightsholders who claim to be losing hundreds of millions of euros every year to piracy, failing to commit enough resources is completely avoidable. Of more concern was a claim that the IP address of an unnamed CDN company in the UK had been added to the blocklist. Since CDN IP addresses may be in use by more than one service at a time, the risk of overblocking is obviously a concern. In this case, however, the block reportedly did its job without any collateral damage. The same may not be true for new blocks reported this morning. Zenlayer CDN IP Addresses Reportedly Blocked One of the notable aspects of the first Piracy Shield actions reported by regulator AGCOM, was the targeting of web-based pirate services rather than the less visible IPTV platforms causing most disruption in Italy. After so many IP addresses were targeted last weekend, it seems likely that recent targets were indeed IPTV streams and related infrastructure. According to DDAY, however, blocks that targeted web-based movie streaming sites were also placed on the platform in recent days and that may not have gone exactly as planned. “About ten IP addresses belonging to the Zenlayer CDN thus ended up among the blocks and this caused the blocking of absolutely legitimate services and sites that were distributed by the CDN itself,” the publication notes. “Cloud4C, a cloud provider, is unreachable from Italy and the same goes for the control panel of the [Zenlayer] CDN itself, which is also blocked.” Establishing the existence of localized blocking from outside the affected territory isn’t always straightforward. However, an Italian user on Twitter soon confirmed that cloud4c.com could not be accessed from his connection. A TorrentFreak source also confirmed the domain was inaccessible from a connection supplied by Telecom Italia, Italy’s largest internet service provider. Checking local DNS server responses for the domain cloud4c.com produced inconsistent results during tests carried out earlier on Thursday. Italy Downgrades Transparency For years, AGCOM has published every rightsholder blocking request and then once a decision has been made, published the official response on its website for public scrutiny. It’s a transparent system that may ultimately help to hide entire websites but does so while opening up administrative aspects for public scrutiny. With the introduction of Piracy Shield, decisions are still published, but it seems fairly obvious that information made available to the public represents a mere fraction of action behind the scenes. The image below (translated) shows every blocking order published thus far. Each contains a single domain, so it’s clear that at a minimum, hundreds of IP addresses are going unreported, with last weekend a prime example. The biggest problem is that IP addresses make up the bulk of the blocking while also producing the most errors. These errors can be devastating for innocent parties that unwittingly end up as collateral damage. Yet with no open reporting, holding perpetrators to account – if only to improve the system – could prove all but impossible. Any argument in favor of secrecy necessarily fails, since IPTV providers know before anyone else that their IP addresses are being blocked. That means those privy to the details of IP address blocking include AGCOM, rightsholders, ISPs, and pirate IPTV providers. The only people kept in the dark are those who become collateral damage through no fault of their own. From: TF, for the latest news on copyright battles, piracy and more. View the full article
  11. Given the ongoing shift in the TV market away from terrestrial and satellite delivery in favor of IP-based services, cloud recording services are no longer the big deal they once were. When TVkaista launched in Finland way back in 2007, storing video in the cloud certainly wasn’t taken for granted as it is now. The service came with a program guide and allowed users to record and store TV shows from 15 local channels. TVkaista said video would be retained for a month, allowing users to watch their recordings at a time of their choosing. At the time, similar services were also being offered by several of Finland’s internet service providers but for the members of the Copyright Information and Anti-Piracy Center (CIAPC, also known as TTVK), this was a serious breach of copyright law. In letters sent to around 20 companies, TTVK warned that without proper licensing, these services were illegal and must be shut down. TVkaista Faces Legal Action In advance of TTVK’s letters being sent out, TVkaista’s CEO, technical director, and legal advisor, faced legal action for criminal copyright infringement and aggravated fraud. Claims that recording amounted to fair use were brushed aside, not least since the service actually recorded everything behind the scenes, contrary to customers’ belief that any recordings played back via the service were unique to them. TVkaista said that since its service was similar to a VCR or a DVR, that would be legal under Finnish law since private copying is permitted for personal use. The TV companies whose content was being recorded and fed back to subscribers of TVkaista disagreed, arguing that no permission was granted for this type of use. The broadcasters claimed that the TVkaista service effectively rebroadcast their content without a license. Copyright holders weren’t being paid for the use of their content and TVkaista wasn’t offering to share any revenue. Service Deemed Illegal The TV companies took TVkaista to court in 2012 and, in 2015, the Helsinki District Court deemed the service illegal, a decision confirmed by the Court of Appeal in 2017. The CEO of TVkaista was convicted of criminal copyright infringement and embezzlement, and together with the service’s technical director and the company itself, was found jointly and severally liable for damages suffered by rightsholders. Financial issues would soon complicate the case, however. In a statement issued by TTVK this week, the anti-piracy group says that after TVkaista was declared bankrupt in February 2014, the service actually continued, first through its Finnish .fi domain and later through a .com variant. The platform eventually shut down in 2015, but the bankruptcy estate had no funds available to pay the compensation owed. “The trustee made a request to the police for an investigation into the ambiguities related to the bankruptcy estate. The suspect was the CEO of TVkaista Oy, who, however, could not be reached for prosecution before November 2023,” TTVK reveals. Finally Held to Account After the matter returned to court, it was determined that since 2011, customer payments to TVkaista totaling 1.8 million euros, including 380,000 euros after bankruptcy proceedings began, had been “diverted past” TVkaista’s accounting. “The money had been transferred to the account of a company called Charm Noble Ltd in Hong Kong. However, since the contact person for all payment arrangements was the accused CEO, the court did not find credible his claim that the company’s business had actually been sold to a foreign person already in 2011,” TTVK reports. “In support of its argument, the defense presented a deed of sale dated 2011, which had not been presented in previous TVkaista trials; however, they claimed that the business was sold already in 2009.” On February 12, the district court of Länsi-Uusimaa found the former CEO guilty of all charges and sentenced him to serve three years in prison for gross accounting crime, gross dishonesty, and gross fraud as a debtor. He was also ordered to pay 409,600 euros (plus interest) to rights holders, plus 59,554 euros (plus interest) to other parties. “The verdict confirms that copyright piracy is a planned and ruthless economic crime, the sole purpose of which is to collect as much money as possible for its creators,” says Jaana Pihkala, executive director of TTVK. “Ever since the copyright infringement process started, the users of the TVkaista service paid large sums of money for the maintenance of content, while the authors, producers or legal intermediaries of which, have not been paid a single cent. This kind of activity weakens the opportunities to develop legal services and invest in new content, which is harmful not only to the rights holders but also to society as a whole.” From: TF, for the latest news on copyright battles, piracy and more. View the full article
  12. Tony Seltzer produced the New York rapper’s new singleView the full article
  13. The Alliance for Creativity and Entertainment regularly announces site closures following enforcement action. Over the past seven years, hundreds of sites have fallen, but the supply of new threats currently seems inexhaustible. The level of detail ACE makes available to the public varies, but it appears to be affected by several variables. Details of settlements are rare, as one might expect. Names of site operators even more so. In many cases, even the domain names of shuttered platforms receive no specific mention, at least beyond recognizable branding. Perhaps the most interesting aspect of information that ACE doesn’t officially release is the scale of presumably successful enforcement actions that receive no mention at all. The reasons for that are open for speculation but, since the complexity of the piracy landscape has grown out of all proportion in the last few years, there’s no shortage of options. Yet Another New Batch Arrives If ACE maintained a single public list of domains directly taken over, redirected, or otherwise commandeered, tracking them would be straightforward. As things stand the whole process is fragmented and, at any one point, the full picture isn’t always available from DNS, WHOIS, or similar records. For example, a series of domains that recently began redirecting to the ACE portal don’t currently list the MPA as the domain owner. They include watchgameofthrones.co, watchfriendshd.com, watchhowimetyourmother.co, watchthesimpsons.co, and watchparksandrecreation.co. At the time of writing, none of these domains use the MPA’s DNS servers either, which may (or may not) change in the days and weeks ahead. Indeed, it’s not unheard of for sites to redirect themselves to ACE for no obvious reason. In any event, visitors to these domains are currently redirected to the ACE portal, with an interesting anti-piracy side effect observed elsewhere. People who visit Google hoping to ‘watch parks and recreation’ or ‘watch how I met your mother’ find themselves overwhelmed with former pirate links, all leading to ACE. In some cases, the links even outrank legal platforms like Amazon. Other domains provably taken over in the past few days include typhoonlabs.tv and typhoonlabs.net. Both list the MPA as owner and both use the movie industry group’s DNS servers. However, back in November, the MPA was listed as the new owner of the domains when they were still assigned to the former owner’s DNS servers. We can’t explain why that was the case and we don’t know why there hasn’t been an announcement regarding these seizures. One possibility is the existence of around 30 typhoonlabs and typhoonlabsiptv-branded domains still in rotation which may (or indeed may not) be connected to a similar service. Since announcing the demise of one platform risks driving traffic to another with a similar name. In some cases, making no announcement at all may be the best option. Situations like this can’t be uncommon when attempting to tackle piracy on a global scale and may explain why so many cases go unreported. MPA’s Domain Collection Thanks to record numbers of domains being handed over to the MPA, the Hollywood group’s domain portfolio is larger today than ever before. The prospect of the collection growing exponentially isn’t off the table either. While many pirate sites previously operated without issues from a single domain, today it’s not unusual for sites to have dozens, for reasons that include redundancy, obfuscation, and circumvention of measures such as ISP blocking and search engine downranking. In contrast, some of the most iconic domains under MPA control, such as isohunt.com and hotfile.com, stand out in their own right, each with their own place in history. Spotting them among the other 3,100+ domains, reported by a Whoxy reverse WHOIS search, is still relatively easy. It’s unlikely to remain that way for long. From: TF, for the latest news on copyright battles, piracy and more. View the full article
  14. The Chattanooga rapper will release her first full-length for True Panther in AprilView the full article
  15. Nearly a quarter-century after “Stan,” the Detroit rapper will have a hand in a new film about “the world of superfandom”View the full article
  16. Listen to “Daydream Repeat” from the Parallel follow-upView the full article
  17. The Leeds rock outfit is heading to the United States behind Where’s My Utopia?View the full article
  18. Alex Ross Perry directed the visual for Chaos Angel’s lead singleView the full article
  19. Starring bodybuilder Irene Andersen as a dubiously qualified medical practitionerView the full article
  20. The singer reconnects with producer Jack Antonoff for her contribution to the New Look soundtrackView the full article
  21. Apple is known to have a rigorous app-review policy that aims to keep piracy at bay. In the past, several BitTorrent apps have been rejected from the App Store, for example. Despite these efforts, problematic apps slip through the cracks occasionally. We’ve seen piracy apps disguised as other tools getting approval and a recent report from The Verge shows that this trick still works today. Apple was swift to patch this recent leak after it hit the newswire. The company booted the ‘vision testing’ app “Kimi” from the iOS store, disappointing many pirates in the process. Apple’s App Store Isn’t Piracy Free Yet Those determined to find a Kimi alternative still don’t have to look far. In less than a minute, we were able to spot another pirate streaming app that’s not concealed at all. The app in question uses popular piracy brands such as “Gomovies” and “123movies” in its name, and lives up to expectations. Users who manage to crawl through a web of advertisements eventually have access to a wide range of popular movies and TV-shows. This includes blockbuster movies, Disney shows, and Apple exclusives such as the hit series Silo, shown in action below. Pirate iOS App streaming Silo Apparently, Apple still has some work to do on the screening front. This includes fixing the link on its website through which people can report software piracy, as that currently goes to a 404-error page. The app we found has been around since May last year and has more than 1,600 reviews. We don’t know whether it always functioned as a pirate tool and Apple didn’t immediately return our request for comment. Apple generally has a zero-tolerance policy when it comes to piracy. The company wants complete control over all installed apps and it previously noted that the ban on sideloading helps to prevent piracy as well. It’s clearly not perfect, however. Piracy Brands (Legally) in Apple’s App Store Our search also revealed that not all piracy ‘associations’ are off-limits at Apple. In fact, one could argue that piracy-related terms are actively used to promote some non-pirate apps in the official iOS store. Whether all users are happy with that is questionable. Let’s look at a few examples, searching the app store for well-known piracy brands such as 123movies, Fmovies, Cuevana, and ShowBox. All these terms return apps that offer access to a large library of movies and TV-shows, much like their pirate counterparts. Fmovies Results (doesn’t include the ‘piracy’ app) These brands and logos may look exciting to prospective pirates, but those who install the apps will soon realize that entertainment is limited to trailers. The lucky ones may get links to legal streaming platforms as well. No pirated movies here either In some cases, the apps allow users to keep track of what they’ve watched, which can be useful. However, most are riddled with ads. As such, it doesn’t take a genius to find out why their names, and in some cases logos, are similar to pirate streaming brands. Unlike the real piracy apps, many of these ‘mockoffs’ have been in the App Store for years. That makes sense, of course, as they are not breaking the law. That said, it can lead to disappointing reviews. Apple doesn’t seem to mind, or perhaps it isn’t privy to the problem. We assume that some anti-piracy groups are aware of these apps, but they should be fine with it. After all, it’s a great way to frustrate and annoy pirates. Needless to say, real pirate streaming apps are a completely different thing… Update February 15: The pirated app we spotted earlier is no longer available. Apple informs TorrentFreak that it was initially submitted as a movie trailer platform. After the initial approval, the app added pirated content. This is in violation of the App Store guidelines. Another app that used a similar tactic was removed as well. From: TF, for the latest news on copyright battles, piracy and more. View the full article
  22. The group’s Fu##in’ Up is out in AprilView the full article
  23. A Los Angeles woman claims that Simmons raped her at his home in the 1990s when she was an executive at Def Jam RecordingsView the full article
  24. In recent months, rightsholders of all ilks have filed lawsuits against companies that develop AI models. The list includes record labels, individual authors, visual artists, and even the New York Times. These rightsholders all object to the presumed use of their work without proper compensation. Several of the lawsuits filed by book authors include a piracy component. The cases allege that tech companies, including Meta and OpenAI, used the controversial Books3 dataset to train their models. The Books3 dataset was created by AI researcher Shawn Presser in 2020, who scraped the library of ‘pirate’ site Bibliotik. The general vision was that the plaintext collection of more than 195,000 books, which is nearly 37GB in size, could help AI enthusiasts build better models. The vision wasn’t wrong; large text archives are great training material for Large Language Models, but many authors disapprove of their works being used in this manner, without permission or compensation. Authors Sue, OpenAI Responds In a lawsuit filed last June, authors Paul Tremblay and Mona Awad accused OpenAI of direct and vicarious copyright infringement, among other things. Soon after, writer/comedian Sarah Silverman teamed up with authors Christopher Golden and Richard Kadrey in an identical suit. The complaints allege that the authors’ books were sourced from pirate sites. They specifically mention the controversial Books3 dataset, as well as data from other shadow libraries such as LibGen, Z-Library, and Sci-Hub. “The books aggregated by these websites have also been available in bulk via torrent systems. These flagrantly illegal shadow libraries have long been of interest to the AI-training community..,” the authors wrote. OpenAI didn’t deny these allegations directly but nevertheless disagreed that using books to train AI amounts to vicarious copyright infringement or violations of the DMCA. In a motion to dismiss, OpenAI asked the California federal court to ‘trim’ the scope of the case. The only claim that should be able to survive is direct copyright infringement, but OpenAI said it expects to defeat that at a later stage. Court Dismisses Copyright and DMCA Claims After reviewing input from both sides, California District Judge Araceli Martínez-Olguín ruled on the matter. In her order, she largely sides with OpenAI. The vicarious copyright infringement claim fails because the court doesn’t agree that all output produced by OpenAI’s models can be seen as a derivative work. To survive, the infringement claim has to be more concrete. “Plaintiffs’ allegation that ‘every output of the OpenAI Language Models is an infringing derivative work’ is insufficient. Plaintiffs fail to explain what the outputs entail or allege that any particular output is substantially similar – or similar at all – to their books,” the order reads, In addition to copyright infringement, the authors accused OpenAI of violating the DMCA by intentionally altering the copyright management information (CMI). Details such as the title, the author, and the copyright owner, were allegedly stripped to “enable” or “conceal” infringement. Judge Martínez-Olguín sees no evidence for the intentional removal of this copyright information. And, even if these allegations are true, there’s no evidence that it was done for nefarious reasons. “Plaintiffs argue that OpenAI’s failure to state which internet books it uses to train ChatGPT shows that it knowingly enabled infringement, because ChatGPT users will not know if any output is infringing. “However, Plaintiffs do not point to any caselaw to suggest that failure to reveal such information has any bearing on whether the alleged removal of CMI in an internal database will knowingly enable infringement.” The authors further claimed that OpenAI distributed its works without CMI, which would also violate the DMCA. This argument fails too, the court ruled, as OpenAI didn’t distribute full copies of books. “Instead, [the authors] have alleged that ‘every output from the OpenAI Language Models is an infringing derivative work’ without providing any indication as to what such outputs entail – i.e., whether they are the copyrighted books or copies of the books,” the order reads. Direct Copyright Infringement Claim Remains In addition to the vicarious copyright infringement and the DMCA violations, Judge Martínez-Olguín also dismissed the California Unfair Competition Law (UCL) claims for ‘unlawful business practice’, ‘fraudulent conduct’, ‘negligence’, and ‘unjust enrichment’. The UCL claim for ‘unfair practices’ can proceed. This isn’t the end of the legal battle. The authors have the chance to file an amended complaint to correct any shortcomings, should they wish to proceed with the dismissed claims. Finally, it’s worth reiterating that the direct copyright infringement claim wasn’t covered by OpenAI’s motion to dismiss, so that will move forward as well. As will many of the other AI copyright lawsuits. — A copy of California District Judge Araceli Martínez-Olguín’s order on the motion to dismiss is available here (pdf). From: TF, for the latest news on copyright battles, piracy and more. View the full article
  25. After moving out from beneath Stephen Colbert's desk, Jon Stewart is now back on The Daily Show each Monday to cover the upcoming 2024 election. In the 20-minute monologue above the host discusses what's happened so far, including the alleged issues candidates President Joe Biden and Donald Trump have been having with their memories and Biden's recent (confusing) decision to join TikTok ("How do you go on TikTok and end up looking older?" asks Stewart). "Look, the next nine months or so — and maybe more than that depending on the coup schedule – they're gonna suck," concludes Stewart. "You're gonna get inundated with robocalls, and push polls, and real polls, and people are gonna tell you to rock the vote, and be the vote, and vote the vote, and finger-bang the vote, and it's all going to make you feel like Tuesday, November 5 is the only day that matters. And that day does matter, but man, November 6 ain't nothing to sneeze at, or November 7. If your guy loses bad things might happen, but the country is not over, and if your guy wins, the country is in no way saved. "I've learned one thing over these last nine years, and I was glib at best and probably dismissive at worst about this: The work of making this world resemble one that you would prefer to live in is a lunch pail f***ing job, day in and day out, where thousands of committed, anonymous, smart and dedicated people bang on closed doors and pick up those that are fallen and grind away on issues until they get a positive result, and even then have to stay on to make sure that result holds." View the full article
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