Thursday, August 26th, 2021

Time	Event
8:31a	Usenet Giant Newzbin Shuts Down, BREIN Still Intends to Pursue Operators Despite being one of the oldest file-sharing methods still around today, Usenet (sometimes known as newsgroups) has continued to play a role in the sharing of copyrighted content. While largely fast and efficient, by today’s standards obtaining content such as movies and TV shows from Usenet feels a little archaic. There are plenty of tools around to make the process more straightforward but for years, users have continued to rely on so-called .NZB files. In basic terms, these are somewhat like .torrent files in that they point to locations where specific content can be found on Usenet. Once loaded into an appropriate client, content is easily downloaded. As a result, sites like Newzbin.org (not to be confused with an infamous but long-shuttered site of the same name) have appeared online to act as communities for people who find (or ‘spot’) content on Usenet and then share the relating .NZB files. Newzbin has been in operation for around eight years, touting itself as the spiritual successor to FTD, a major NZB site that lost legal battles with BREIN more than a decade ago and was forced to shut down. Ten years later, Newzbin – which is estimated to serve around 150,000 users – has suffered the same fate. Newzbin Announces it Will Shut Down A few days ago, the operators of Newzbin published an announcement to its platform, declaring that the service would be shut down after many successful years in operation. “We regret to inform you that we will be discontinuing Newzbin. In short, the plug goes out and Newzbin goes black after more than 8 years. It has been a very difficult decision for us, but with the current status of Usenet and the offer, we are forced to stop.” Newzbin’s operators reported that “things are getting quieter” with more uploaders choosing to act cautiously due to the pressure of the current legal environment and the risk of getting caught. Newzbin’s team also said that the joy they once had operating and developing the site had also disappeared Newzbin Permanently Shuts Down In a final farewell message published late Tuesday night, Newzbin said that after taking over from another site (NZBEE) on the first day of 2014, its goal was always to become a worthy successor to FTD. Over the years that appeared to be on the cards as more users came to rely on the site for their Usenet downloads. “Thanks to our good team of moderators, the posters, spotters, translators, but above all the members who were willing to help others, Newzbin had grown into the great safe Usenet home for everyone,” Newzbin’s operators. But the good days were numbered. “Despite the enormous growth in popularity, we unfortunately also saw a decrease in posts in recent years. Of course this also has to do with the advance of [Dutch OTT online service] Videoland, Netflix, Disney+, Amazon Prime Video etc. and probably also the coronavirus period we are in,” the site explained. “But posters have also become frightened by recent news reports from the BREIN Foundation.” The BREIN Effect With most other anti-piracy groups concentrating on web streaming, IPTV services, torrent sites and file-hosting platforms, BREIN has continued to focus on these and more. BREIN regularly announces action against people involved in Usenet posting and indexing and was even successful in forcing a Usenet provider offline. Just this week, BREIN said that indexing site NZBXS had shut down and settled with anti-piracy group. That included an agreement to hand over user details, users that may find themselves contacted by BREIN in the future due to their utilization of NZBXS’ API to power software including Sickbeard, RADARR, and CouchPotato. What Next for the Newzbin Database? When major indexing sites shut down, there are always calls for indexes and databases to be shared with others to assist in a comeback or third-part resurrection. Newzbin is currently on the fence and has not yet decided what to do. “We understand better than anyone that it would be a shame if [the database and NZBs] were completely lost, but unfortunately we have no plans to transfer this or release the database for the time being,” Newzbin’s operators report. According to BREIN, however, Newzbin’s operators aren’t out of the woods yet. “It is true that we are identifying and tackling more and more illegal uploaders and spotters,” says BREIN director Tim Kuik. “We are also chasing the sites they use, such as Newzbin. Those who follow us know that we are getting closer each time and that things will get pretty expensive once we get you. We’re not done with that, not even with the people behind Newzbin. “The development of legal supply is always the best way to combat the extent of illegality. We never made a secret of that. But to reach full maturity, that legal offering also needs continued protection against illegal competition that is offered for free or at much lower prices,” Kuik concludes. From: TF, for the latest news on copyright battles, piracy and more. (Comment on this)
4:32p	TekSavvy Takes Pirate Site Blocking Battle to Canada’s Supreme Court In 2018, Canada’s Federal Court approved the country’s first pirate site-blocking order. Following a complaint from major media companies Rogers, Bell and TVA, the Court ordered several major ISPs to block access to the domains and IP-addresses of pirate IPTV service GoldTV. There was little opposition from Internet providers, except for TekSavvy, which quickly announced that it would appeal the ruling. The blocking injunction threatens the open Internet to advance the interests of a few powerful media conglomerates, the company said. After a long appeal process, Canada’s Federal Court of Appeal concluded earlier this year that the blocking order can stay in place. According to the Court, site-blocking injunctions are an available option under the Copyright Act and they don’t violate freedom of speech or net neutrality. Supreme Court Application The decision came as a disappointment to TekSavvy, which hasn’t given up the fight just yet. A few hours ago, Andy Kaplan-Myrth, vice-president of regulatory affairs, announced that his company had asked Canada’s Supreme Court to hear the case. The ISP stresses that the issues at stake are too important not to appeal. The company is not trying to defend pirate sites or services in any way. It simply wants to protect the neutral role ISPs have had for decades. “TekSavvy has no sympathy for copyright infringing sites. They shouldn’t do that; copyright owners should enforce their copyrights. Our opposition is about protecting the neutral role of ISPs, who provide the pipes and carry the bits,” Kaplan-Myrth notes in a series of tweets. The blocking order applies to all large Internet providers in Canada but TekSavvy is the only one actively protesting it. Slippery Slope TekSavvy previously warned that the blocking order could open the floodgates to similar or more far-reaching demands. And indeed, less than a month after the appeal was finalized, rightsholders were back in court to demand further blocking measures. This move surprised the ISP, as it hadn’t given up on the original case just yet. But it confirmed the ‘slippery slope’ fears. “That’s the slippery slope that net neutrality advocates warn about — block a small number of sites with court oversight (GoldTV), and next leap to blocking an unlimited number of sites on demand with no oversight,” Kaplan-Myrth comments. With its Supreme Court application TekSavvy is the only ISP to take a stand. This is in part due to conflicting interests in the telecoms industry. For example, Bell and Rogers are linked to both plaintiffs and defendants in this case. Crucial Questions With the application, TekSavvy asks the Supreme Court to shed its light on two crucial questions. 1. Can the Federal Court exercise its equitable jurisdiction to grant a site-blocking order in proceedings undertaken under the Copyright Act? 2. If a site-blocking order is an available remedy, what analytical framework governs its use, and how must this framework account for the impact of such an order on freedom of expression? TekSavvy believes that site-blocking shouldn’t be used as a remedy because it isn’t specifically mentioned in the Copyright Act. But, if that is an option, clear guidelines are needed to protect freedom of expression. Kaplan-Myrth hopes that TekSavvy will have the opportunity to expand on these issues if the Supreme Court decides to hear that case. This is much needed, he notes, as companies such as Bell and Rogers can’t be trusted as custodians of the open Internet. — A copy of TekSavvy’s memorandum in support of its motion for leave to appeal and the Supreme Court is available here (pdf) From: TF, for the latest news on copyright battles, piracy and more. (Comment on this)

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