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  1. The United States Navy is liable for a mass copyright infringement. The Court of Appeals for the Federal Circuit sided with the German software company Bitmanagement, which accused the Navy of copying software without permission. Bitmanagement claimed more than $500 million in damages, but the final amount has yet to be determined. https://torrentfreak.com/images/usnavy.jpgThe US Government regularly cautions foreign countries for their lacking copyright policies. However, it has its own issues as well. Five years ago the US Navy was sued for mass copyright infringement and accused of causing hundreds of millions of dollars in damages. Software Company Sues US Navy The lawsuit was filed by the German company Bitmanagement. It’s not a typical piracy case in the sense that software was downloaded from shady sources. However, the end result is the same. It all started in 2011, when the US Navy began testing the company’s 3D virtual reality application ‘BS Contact’. After some testing, the Navy installed the software across its network, assuming that it had permission to do so. This turned out to be a crucial misunderstanding. Bitmanagement said it never authorized this type of use and when it heard that the Navy had installed the software on 558,466 computers, the company took legal action. Hundreds of Millions in Damages In a complaint filed at the United States Court of Federal Claims in 2016, the German company accused the US Navy of mass copyright infringement and demanded damages totaling hundreds of millions of dollars. The dispute started when the US Navy decided that it would like to run the software across its entire network. This meant that it would be installed on hundreds of thousands of computers, with “Flexera” software keeping track of the number of simultaneous users. Bitmanagement didn’t offer such a license by default, so the Navy requested this option separately. These requests took place through a reseller, Planet 9 Studios, which complicated matters. After several back and forths, the Navy was convinced that it had permission, but Bitmanagement later disagreed. The problem for the Court was that the Navy and Bitmanagement didn’t sign a contract, so there was no direct permission given. This meant that the Court had to review the conversations and exchanges that took place, to determine which side was right. https://torrentfreak.com/images/bs-geo.jpgAfter reviewing all evidence, the Federal Claims court eventually sided with the US Navy, dismissing the copyright infringement claim. Bitmanagement Appeals However, this wasn’t the end of it. Bitmanagement maintained that the Navy clearly committed mass copyright infringement and the company took the matter to the US Court of Appeals for the Federal Circuit, with success. In an order issued a few days ago, the Appeals Court agrees with pretty much all conclusions of the Federal Claims Court. The evidence indeed shows that Bitmanagement ‘authorized’ the U.S. Navy’s copying of BS Contact Geo across its network. While this wasn’t formalized in an official contract, the Navy had an “implied license.” Navy Failed to Track Usage Based on this reasoning, the lower court dismissed the case. However, the Appeals Court notes that the evidence doesn’t stop there. The implied license also required the Navy to “Flexwrap” the software to track simultaneous users. That never happened. “We do not disturb the Claims Court’s findings. The Claims Court ended its analysis of this case prematurely, however, by failing to consider whether the Navy complied with the terms of the implied license,” the Appeals Court writes. “The implied license was conditioned on the Navy using a license-tracking software, Flexera, to ‘FlexWrap’ the program and monitor the number of simultaneous users. It is undisputed that the Navy failed to effectively FlexWrap the copies it made,” the Court adds. Liable For Copyright Infringement This failure on the Navy’s part makes the US Government liable for copyright infringement. The Navy simply wasn’t allowed to copy the software on hundreds of thousands of computers without tracking its use. “Such unauthorized copying is copyright infringement. We therefore vacate the Claims Court’s judgment and remand for a determination of damages,” the Appeals Court clarifies. This means that the dismissal is off the table and the Navy is liable for copyright infringement after all. The matter will now go back to the Federal Claims court, to determine the appropriate damages amount. In the original complaint, Bitmanagement argued that it is entitled to at least $596,308,103 in unpaid licensing fees, so this could turn out to be an expensive error. — A copy of the order issued by the US Court of Appeals for the Federal Circuit is available here (pdf) Share
  2. A court in Texas has handed down a significant judgment against the operator of several 'pirate' streaming sites that offered content in breach of copyright law. In addition to statutory damages amounting to $16.8m, a broad injunction orders domain seizures and prevents most Internet companies from doing business with the sites' operator. https://torrentfreak.com/images/streamingkey.jpgIn November 2019, US broadcaster DISH Network filed a lawsuit in a Texas district court targeting the operators of 15 domains used to illegally stream DISH content to the public. The domains – Freetvall.net, Freetvall.xyz, Freetvall.me, Freetvall.live, Livetvcafe.com, Livetvcafe.net, Livetvcafe.me, Time4tv.com, Time4tv.net, Time4tv.me, Cricket-tv.net, Crickettv.me, Tv4embed.com, and A1livetv.com – offered a wide range of embedded TV channels, not only from DISH but other broadcasters including Sky and ESPN. DISH’s Exclusive License to Broadcast in the United States In its complaint, DISH listed around two dozen channels offered by the network of sites. Through licensing agreements, DISH holds the exclusive rights to distribute and publicly perform the channels in the United States. The sites had no such permission. As the lawsuit progressed, DISH concluded that all of the sites were operated by one person, who was subsequently named as Nauman Khalid. DISH claimed that the defendant provided users in the United States with links to unauthorized streams of its protected channels by collecting them from other locations on the Internet and organizing them on his websites. The whole operation was monetized with advertising. DISH Notified Defendant of Infringement Dozens of Times During a period spanning several years, DISH notified Khalid “at least” 49 times that he was infringing the company’s rights by providing infringing links to a US audience. DISH backed up this effort by sending similar notifications to Internet services utilized by the sites but Khalid “intentionally interfered” with these by changing providers or using new links. DISH alleged that Khalid “induced and materially contributed” to offenses carried out in breach of US copyright law. Khalid was served in Pakistan but chose not to participate in the legal action against him in the US. As a result, DISH sought to obtain a default judgment from the court. Court’s Decision – Direct and Contributory Infringement In a memorandum opinion and order signed last week, the court found that the works at issue in the suit were authored in countries outside the United States but because those countries are all signatories to the Berne Convention, all are protected under US copyright law. In any event, all works were registered with the US Copyright Office. In respect of the allegations of direct infringement, the court found that when Khalid provided links that enabled the retransmission of DISH content, that infringed the company’s rights to publicly perform those works. The court further found that Khalid had knowledge of these infringements since he had received at least some of the takedown notices sent by DISH. Moving to DISH’s allegations of contributory copyright infringement, the court found that by selecting infringing links to channels and by organizing and maintaining them, Khalid “created the audience” to complete the direct infringement carried out by the unlicensed provider of the channels. As such, the allegations of inducement and material contribution were found to valid. Question of Damages When claiming damages, DISH had the option to choose actual damages and profits or statutory damages – the company settle on the latter. That meant the broadcaster could obtain $30,000 per infringed work and up to $150,000 if the infringement was committed willfully. DISH elected to pursue statutory damages for 112 works registered with the US Copyright Office, to the maximum of $150,000 per infringement. The company alleged that even after sending takedown notices, Khalid continued to provide access to the broadcaster’s channels. In support of its claim for maximum statutory damages, DISH told the court that Khalid had been infringing its rights for between five and nine years, claiming that its channels were viewed over 5.5 million times. The court agreed that the websites had caused DISH to incur substantial losses, adding that the offending was considerable. “Because of the sheer breadth and duration of the infringement, the failure of Khalid to participate in this proceeding, his willingness to defy almost 50 notices of infringement and to evade service providers’ attempts to halt the infringement, and the likelihood that he profited from the infringement and caused substantial losses of revenue to DISH, the court finds that an award of maximum statutory damages — $150,000 per registered work — is appropriate,” the decision reads. “Therefore, the total amount of damages that Khalid must pay DISH for the infringement of the 112 registered works is $16,800,000.” Permanent Injunction In addition to damages, DISH demanded a permanent injunction and the court was happy to comply. First turning to Khalid and anyone acting in concert with him, the court issued an injunction enjoining all parties from transmitting, streaming, distributing, linking, hosting, promoting or advertising any of DISH’s protected channels in the United States. Moving to non-parties, such as those providing any kind of technical service enabling the defendant to infringe, the court permanently enjoined all entities providing servers, hosting (including data centers), domain hosting/registration/proxy services, CDNs, advertising and social media, from doing business with Khalid that involves breaching DISH’s rights. Specifically, the court ordered VeriSign and any other registry or registrar of the listed domains to transfer them to DISH within 48 hours so that the broadcaster may “fully control and use” them. Additionally, registries and registrars were ordered to restrict any future domain names used by Khalid to provide access to DISH works by disabling them within 48 hours of receiving a complaint from DISH. “Such domain names shall remain disabled so that the websites and content located at the domain names are inaccessible to the public until further order of this Court, or until DISH provides written notice to the registry or registrar that the domain names shall be reenabled,” the order concludes. The memorandum opinion and order and final judgment can be found here and here (pdf)
  3. Greetings iTS users, Welcome to only official recruitment thread.Open for PTP(Pass The Popcorn) across the entire internet where you can get into premier gazzele site dedicated told the silver screen.For you told best considered for an invite you have told be shade or above. http://shadowthein.net/faq-en.php I will do invites on Sunday,so if you messaged and you qualify i will send one out one that day.Please note that if you have ever been a member on ptp and you have let your account go or it has been banned for some reason.Please pm me as opposed to asking for an invite,if you are found told have deliberately ignored this you risk your account Both here on iTS and PTP. Just to reiterate,classes currently eligible are- -Shade -Shadow -Vip -Uploaded -Releaser -Staff
  4. 16th of this month is the fourth anniversary of the website. Thank you for your support along the way. To celebrate, the following events will be held: The website is free for three days (2020-11-14 00:00:00 ~ 2020-11-17 00:00:00, GMT+8). The invitation permission is open for three days (2020-11-14 00:00:00 ~ 2020-11-17 00:00:00, GMT+8), Veteran User and above users can purchase and send invitations. The fourth anniversary commemorative badge is on the shelves, welcome to buy.  (Offline)
  5. BeyondHD Welcomes New Internal Groups. As many in the BeyondHD community are aware, a private tracker with a reputation for high quality encodes and remuxes has unfortunately had to close their doors after nearly 12 years of providing a great place to call home for several highly skilled encoders and remuxers. Awesome-HD (AHD) was an important part of the private tracker eco system because of its internals. With its closure, there was great hopes within the community that their encoders/remuxers would remain active and find a new home so that they could continue their work.It's with this being said, BeyondHD would like to welcome several new internal groups into our small but active community: BMF decibeL D-Z0N3 HiFi NCmt TDD You can expect the same level of quality their internals have always been known for with no changes to their specific standards.There will be no change to BeyondHD's current internals either. All groups, new and the old, will continue to focus on what they do best.There will be some small rule changes to accommodate a few group standards, but nothing overwhelming.At the end of the day, all members will benefit from a wider selection of quality encodes and remuxes. Let's all give them a warm welcome!BeyondHD