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Thursday, June 17th, 2021
| Time | Event |
| 7:53a | Bill To Automatically Delete Pirated Content From Search Engines Submitted in Russia
Given that search engines are often blamed for sending people to pirate sites in response to searches for content, the agreement struck at the heart of the issue by having links to pirated content removed from indexes before they could be widely propagated. This was achieved by the creation of a centralized database of allegedly-infringing content that is now regularly queried by Internet platforms so that delistings can take place automatically. In March 2020, participating rightsholders said they were pleased with the way the deletion system was progressing. Other rightsholders, however, claimed that they were not being given the same opportunities to fight piracy. The publishing industry has been particularly vocal but changes are now on the horizon that could put other copyright holders on a similar footing. Draft Law Submitted to Russia’s ParliamentThis week, a new bill authored by Sergei Boyarsky, deputy chairman of the State Duma Committee on Information Policy, Information Technology and Communications, was submitted to the State Duma. It aims to expand and write into law the existing anti-piracy system, so that a broader range of rightsholders can be included. “Implementation of the provisions provided for by the draft federal law will allow us, taking into account the accumulated experience, to consolidate a new mechanism for the protection of copyright and related rights, make it accessible to a wider circle of copyright holders, provide them with equal conditions for access to the protection of their rights, as well as to extend the obligation to stop issuing links to works illegally posted on the Internet in Russia’s search engines,” Boyarsky’s draft bill reads. The aim is to expand the scope and use of the existing database and continue to require search engines to interface with it, as per the voluntary system. The database will include information about copyrighted content, supplied by a wider range of rightsholders, that will enable search engines to quickly identify allegedly infringing content. “Search engine operators must stop listing in search results the indexes of the pages contained in the information system not later than six hours from the moment the information about the pointers is included in its pages,” Boyarsky notes. “This period for taking measures has been tested in practice and is due to the fact that the owners of illegal Internet resources are trying to track blocked links and automatically generate duplicate indexes of pages for their inclusion in search results.” Measures to Mitigate Wrongful DeletionIn common with all systems worldwide to remove allegedly infringing content, mistakes are likely to be made in the Russian system too. The proposed law doesn’t seek to directly prevent these from happening but does provide a mechanism for site owners to complain, if their pages are wrongfully removed from search results. Should an error take place, site owners will be given the right to send a complaint to those operating the takedown database. After providing evidence that their site is allowed to carry the content in question, it will be removed from the database and search engines will be required to reinstate the pages in their search results, again within six hours. On the question of liability should things go wrong, the draft law states that search engines shall not be liable to copyright holders or users if access to legal information is restricted. If passed, the new law will enter into force on December 1, 2021. From: TF, for the latest news on copyright battles, piracy and more. |
| 4:39p | Jetflicks: Programmer of Pirate IPTV Service Handed 12 Months in Prison
The Las Vegas-based platforms were huge. Jetflicks, which was disguised as an aviation service, offered around 183,285 pirated TV episodes to customers. iStreamitAll was reported to have made available more than 118,479 TV shows and 10,980 movies to its customers, at the time more content than was on offer at Netflix, Hulu or Amazon Prime. In December 2019, Darryl Julius Polo (aka djppimp) pleaded guilty to charges of copyright infringement and money laundering for helping to program Jetflicks and for founding and operating iStreamitAll. Earlier this year, Polo was sentenced to 57 months in prison, with the US granted a forfeiture order for $1 million, an amount that represents the illegal proceeds from his offenses. Jetflicks Programmer Luis Angel VillarinoThe day after Polo pleaded guilty in 2019, former Jetflicks programmer Luis Angel Villarino pleaded guilty to one count of conspiracy to commit copyright infringement. The Las Vegas resident admitted to his part in offering an illegal subscription-based streaming service that reproduced tens of thousands of copyrighted television episodes without authorization, and streamed and distributed the infringing programs to tens of thousands of paid subscribers throughout the United States. Villarino (at the time aged 40) was originally due to be sentenced in March 2020 but due to various delays, including complications caused by the coronavirus pandemic, that didn’t take place until last month. Sentencing – Conspiracy to Commit Copyright InfringementAccording to sentencing documents released by a Virginia court, Villarino’s actions were offenses under 18 U.S.C.ยง371 (Conspiracy to commit an offense or to defraud the United States). His offending ended in November 2017 but while his crimes were deemed to be less serious than those of Polo, they still warranted a custodial sentence. Senior United States District Judge T.S. Ellis, III sentenced Villarino to be imprisoned for 12 months and one day. The year inside will be served at a facility in the Las Vegas area so the former Jetflicks programmer can be near his family. Upon his release, Villarino must submit to a probation office within 72 hours and will then be subjected to three years of supervised release. During that period, Villarino must not commit any other crimes and must not unlawfully possess or use any controlled substance. He will also be subjected to periodic drug testing and must at no point possess any type of firearm or other dangerous weapons. In addition to a 13-point list of other conditions, including an instruction to work regularly at a lawful occupation and not leave the district without permission, activities that may be related to his offending will also be restricted. This includes the monitoring of all of his computers plus conditions on what he can do with any unexpected windfalls such as a lottery win or inheritance. No Fines Handed Down, Restitution PendingNo fines were imposed against Villarino at sentencing but that doesn’t necessarily mean he won’t have to pay restitution in the future. While he and Darryl Polo took the opportunity to enter relatively early guilty pleas, six other defendants (Kristopher Lee Dallmann, Douglas M. Courson, Felipe Garcia, Jared Edward Jaurequi, Peter H. Huber, and Yoany Vaillant) are taking their chances at trial. Only when that matter is concluded will restitution amounts be determined. Villarino’s sentencing documents can be found here and here (pdf) From: TF, for the latest news on copyright battles, piracy and more. |
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