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Saturday, November 1st, 2014

    Time Event
    9:02a
    XBMC/Kodi Targets Piracy-Promoting eBay Sellers

    xbmc-logoAnyone typing the simple phrase “free movies” into eBay will be overloaded with many thousands of results. A large proportion offer hardware that has been customized to receive unauthorized online video.

    The software these devices run is very often XBMC, or Kodi as its now known. The software in its basic form is an entirely legal media player, around since the days of the original Xbox (XBox Media Center).

    However, XBMC/Kodi is compatible with third-party addons that can turn the player into a piracy powerhouse providing free access to movies, TV shows and live sports. With the advent of XBMC/Kodi for Android, eBay is now flooded with ready-built and configured ‘pirate’ boxes that anyone can operate.


    A typical ‘pirate’ XBMC Android Box Listing

    ad-listing

    This week TF received information that eBay has been taking down listings for these devices, apparently at the behest of the XBMC Foundation, the organization behind the XBMC/Kodi software.

    “The rights owner or an agent authorized to act on behalf of the rights owner, XBMC Foundation, notified eBay that this listing violates intellectual property rights. When eBay receives a report of this type of violation, we remove the listing to comply with the law,” eBay told a disappointed seller.

    When emailed about the takedown, XBMC Foundation responded: “Your listing was removed because it violates our brand policy by altering the XBMC(tm) / Kodi ™ installation by including extra add-ons which are against our general brand policy or piracy general piracy policy.”

    To discover more about these developments, TorrentFreak spoke with Kodi Project Manager Nathan Betzen.

    “First, let me say that we have no copyright claims or interests in addons developed by third parties. The form provided by eBay is unfortunately over broad and says quite a bit more than we want it to say, but we work with the tools we’re given,” Betzen told TF.

    “The requested takedowns are based entirely on trademark issues. All of the listings targeted so far have explicitly connected XBMC/Kodi with addons that enable piracy, resulting in eBay listings with phrases like, ‘XBMC lets you watch all the free movies you want!’”

    Betzen informs TF that the Foundation not only controls the XBMC trademark in the US (and wherever else common law trademarks are recognized), but is also in the process of registering the name ‘Kodi’ with the United States Patent and Trademark Office. Once obtained, that trademark will be extended internationally using the Madrid Trademark Protocol.

    ebay“We believe that these [eBay] sales are causing confusion for our users about what XBMC/Kodi does as a vanilla program. The clearest evidence of this may be found among several of the sellers themselves who are surprised and unaware of the fact that XBMC has absolutely nothing to do with the development of the piracy-related addons included in their sales pitch,” Betzen says.

    “Upon being contacted by the sellers, we only request that they not associate the XBMC/Kodi name with the act of piracy described in their listings. This is possible by rebranding the software, which is permissible under the GPL.”

    Betzen notes that simply refraining from mentioning piracy features is also enough to avoid an eBay takedown.

    “Either way, they are welcome to post the sale again the moment they follow either of these paths or otherwise creatively solve the issue of associating the name XBMC/Kodi with piracy,” Betzen says.

    Despite the takedowns, the XBMC Foundation told TF it takes no stance on piracy. Users are free to use their software how they like within the constraints of the GPL v2. However, that freedom ends when people indicate to the public that the Foundation is taking sides in the piracy debate when its goal is to remain out of the argument entirely.

    “To put it simply: We are happy to remain software developers. And we are happy to let other groups stand for and against piracy,” Betzen concludes.

    Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

    6:26p
    MPAA Lobbies Lawmakers on Internet Tax and Net Neutrality

    mpaa-logoIn its quest to stamp out piracy, the MPAA continues to pump money into its lobbying activities hoping to sway lawmakers in its direction.

    While the lobbying talks take place behind closed doors, quarterly lobbying reports provide some insight into the items on the agenda.

    The MPAA’s most recent lobbying disclosure form (pdf) has added several new topics that weren’t on the agenda last quarter. Among other issues, the movie group lobbied the U.S. Senate and the U.S. House of Representatives on Internet tax, net neutrality and online service provider liability.

    TorrentFreak contacted the MPAA hoping to get some additional information on Hollywood’s stance on these topics, but a week has passed and we have yet to receive a reply.

    The only thing we know for sure is what Hollywood is lobbying on, but it doesn’t take much imagination to take an educated guess on the why part.

    Net neutrality for example. While the MPAA hasn’t got involved publicly in the recent net neutrality discussions, it clearly has something to tell to lawmakers. The Hollywood group most likely wants to assure that its anti-piracy efforts aren’t hindered by future legislation.

    Previously the MPAA has warned that net neutrality could make it hard to use deep packet inspection, filtering and fingerprinting techniques to prevent piracy. This concern was partially addressed by FCC’s proposal which doesn’t include “unlawful traffic” under the net neutrality proposals.

    Part of MPAA lobbying disclosure filing

    mpaa-lobby

    The Internet tax mention is perhaps most the controversial topic. There were massive protests in Hungary this week after the Government announced it would charge a tax of 62 cents per gigabyte on all Internet traffic. For now the Hungarian plan has been shelved, but an Internet tax remains an option for the future.

    In the U.S. there has been a ban on Internet Tax for more than a decade, but that expires this year. There’s currently a bill pending in the Senate that extends the ban, but this has yet to be approved. It seems likely that the MPAA has weighed in on this proposal.

    Finally, the MPAA also lobbied on liability of online service providers. This presumably relates to the possible revision of the DMCA, where Hollywood wants to ensure that online services can’t leave widespread piracy unaddressed.

    Ideally, the movie studios would like to make it harder for sites and services to hide behind the DMCA, as the MPAA also made clear in its lawsuits against isoHunt and Hotfile.

    While we may never know what the MPAA’s exact positions are on these topics, we do know that they are trying to steer lawmakers in their direction. Perhaps future legislative proposals and discussions may reveal more details.

    Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

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