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Monday, November 11th, 2019

    Time Event
    11:50a
    Sci-Hub & Libgen Blocked By Austrian ISPs Following Elsevier Complaint

    For well over a decade, entertainment industry groups have been developing legal processes to have allegedly-infringing websites blocked at the ISP level.

    The majority of these complaints have been initiated by movie and music companies but in recent years, other content distributors have sought similar blockades in order to protect their interests.

    Publishing giant Elsevier has emerged as a major player with arch-rivals Sci-Hub (‘The Pirate Bay of Science’) and Libgen (Library Genesis) as its key targets. Late last week, Austrian ISP T-Mobile revealed that it had begun blocking several Sci-Hub and Libgen related domains following a supervisory procedure carried out by local telecoms regulator TKK.

    The original complaint against more than two dozen domains was filed in the summer by Elsevier Ltd, Elsevier BV and Elsevier Inc. against rival ISP A1. The ISP took the decision to block the domains in July but due to concerns that blocking has the potential to breach net neutrality rules, it reported the case to TKK (Telekom-Control-Commission).

    Early August, TKK launched a supervisory process and both A1 and Elsevier were asked to participate. In September, TKK informed the parties of the results of its investigation which determined that 24 of the 27 domains listed in the original blocking request (listed below) were “structurally infringing”.

    In summary, the 24 domains either provided direct access to Sci-Hub or Libgen or provided proxy/mirror access to essentially the same content.

    Three domains – libgen.io, lgmag.org and bookdescr.org – were determined to be either inaccessible during the process or didn’t carry content owned by Elsevier at the time. After notification from TKK, A1 confirmed that it had lifted its blocks against the three domains in question.

    Following A1’s blocking of the listed domains, TKK says no end-users complained to the ISP that the blocks had been put in place or filed any official complaints with the telecoms regulator.

    So, after analysis of the nature of the sites and their conduct, TKK therefore ruled (pdf) that blocking them at the ISP level would be the correct balance between the rights of Internet users and Elsevier’s rights to protect its intellectual property.

    Over the border, Elsevier previously obtained a 2018 Sci-Hub-blocking order in Germany. In March 2019, several French ISPs were told to do the same after similar action. In September, a Danish court handed down a similar ruling.

    The question remains, however, whether anti-piracy enforcement action alone will ever keep Sci-Hub down, particularly when universities are reconsidering their business dealings with Elsevier and making the platform more relevant than ever.

    The full list of 24 domains blocked in Austria reads as follows:

    gen.lib.rus.ec, sci-hub.tw, sci-hub.se, sci-hub.ren, sci-hub.be, sci-hub.shop, libgen.unblocked.win, libgen.unblocked.lc, libgen.unblocked.vet, libgen.unblocked.la, libgen.unblocked.li, libgen.unblocked.red, libgen.unblocked.tv, libgen.unblocked.cat, libgen.unblocked.uno, libgen.unblocked.ink, libgen.unblocked.at, libgen.unblocked.pro, libgen.unblocked.mx, libgen.unblocked.sh, libgen.unblocked.gdn, libgen.unblocked.pet, scihub.unblocked.lc, scihub.unblocked.vet

    Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

    9:08p
    Hollywood Praises Australia’s Anti-Piracy Laws, But More Can Be Done

    For years on end, entertainment industry insiders have regularly portrayed Australia as a piracy-ridden country.

    However, after several legislative updates, the tide appears to have turned. This is the conclusion reached by the Motion Picture Association (MPA) in a recent report.

    The industry group, which is largely made up of Hollywood studios, along with the recently added Netflix, continuously monitors Australia’s anti-piracy efforts. In recent years, things have been going in the right direction.

    A short summary of its findings was recently reported to the US Government as part of the annual trade barriers consultation.

    The MPA’s overview is generally a summary of copyright challenges and shortcomings around the world. However, Australia is one of the few exceptions when it comes to anti-piracy enforcement. In fact, the industry group is rather positive about the progress the country has made.

    “Australia has developed excellent tools to fight online piracy, including effective laws allowing for no-fault injunctive relief against ISPs and ‘search engine service providers’,” the MPA writes in its report.

    The report points out that in recent years piracy rates have declined significantly Down Under. Pirate site blocking and other measures have helped to boost interest in legal subscription services, including Netflix, it suggests.

    The MPA is also positive about recent developments regarding takedown notices. The Australian Competition and Consumer Commission is currently considering the introduction of a mandatory takedown notice scheme, one that would be stricter than the DMCA-style standard which is common today.

    “This would include procedures for urgent take downs (extending to pre-release or new-release films and TV shows as well as live entertainment content), as well as ‘stay down’ obligations to ensure that content already identified as infringing does not quickly re-appear,” the MPA notes.

    The Hollywood-backed group supports this initiative and adds that companies who breach the new takedown standard should face “meaningful” penalties.

    Aside from the positive remarks in Australia, the MPA informs the US Government that there is room for improvement as well. For example, the police could offer more help with piracy-related investigations, something that’s lacking today.

    In addition, the MPA is worried about an ongoing Copyright Modernization consultation where further exceptions to copyright are being considered. This includes new definitions of fair dealing or fair use, which are seen as a threat by the industry group.

    “This consultation risks undermining the current balance of IP protection in Australia that has fueled the country’s creative industries, and could create significant market uncertainty and effectively weaken Australia’s infrastructure for intellectual property protection,” the MPA states.

    Closing out the list is a recommendation to propose tough anti-camcording piracy laws. While fewer illegal recordings are sourced from Australia today, the current penalties for this activity are simply not enough to act as a proper deterrent, the group says.

    The last request is far from new. The same demands have appeared in previous reports, as is the case with many of the recommendations throughout the MPA’s report, which are often copied verbatim year after year.

    The full overview of the MPA’s trade barrier comments to the US Trade Representative is available here (pdf).



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