November 17, 2017

Takedown 2.0: The Trouble with Broad TROs Targeting Non-Party Online Intermediaries

On August 14, a federal district court in Oregon issued an ex parte temporary restraining order (TRO) in a civil copyright infringement case, ABS-CBN v. Ashby. The defendants in the case are accused of operating several “pirate websites” that infringe the plaintiffs’ copyrights in broadcast television programs. In addition to ordering the defendants to stop engaging in infringing conduct, the court ordered unspecified “Internet search engines, Web hosts, domain-name registrars, and domain name registries or their administrators [to] cease facilitating access to any or all domain names and websites through which Defendants engage in the [infringement] of Plaintiffs’ copyrighted works.” The court ordered the domain name registrars that had originally registered the defendants’ domain names to transfer the registrations for the pendency of the litigation to a new registrar chosen by the plaintiffs. It then ordered the new, as-yet-unidentified registrar to divert traffic from the defendants’ sites to a location displaying legal documents from the case. None of the online intermediaries targeted by the order is a named party in the case, and none was represented in court before the TRO issued.

A little over a week before the Oregon court issued its TRO, a federal district court in California issued a TRO in another “pirate website” case involving sites streaming and distributing pre-release copies of “The Expendables 3.” The California court’s order to stop providing services to the defendants was directed broadly to “persons and entities providing any services to or in connection with the domain names <limetorrents.com>, <billionuploads.com>, <hulkfile.eu>, <played.to>, <swankshare.com> and/or <dotsemper.com> or the websites to which any of those domain names resolve.” In addition to domain name registrars and hosting services, the California court’s order swept in “[a]ll banks, savings and loan associations, payment processors or other financial institutions, payment providers, third party processors and advertising service providers of Defendants.” Again, none of the online intermediaries targeted in the order is a named party in the case and none was represented in court before the TRO issued.

The reach of these orders is breathtaking, particularly in light of the non-party status of the targeted intermediaries. [Read more…]

Where Are the Legal Lossless Downloads?

I must have been very nice last year, because Santa brought me a Sonos Connect Wireless HiFi System and Network Attached Storage (NAS) with Wake-on-LAN for Christmas. This particular combination of hardware can mean only one thing: I will spend the waning days of 2012 and the beginning days of 2013 ripping my entire CD collection (which is not small) into lossless files. After poring over audiophile blogs and lurking on discussion forums, I chose FLAC (Free Lossless Audio Codec) as the format for my ripping binge. FLAC has the great virtue of combining openness with losslessness, and it seems to be the coin of the realm for the digital audiophile set. I’ve been using dbPoweramp as my ripper, and it’s all been going very well. Albeit not perfectly. There is the occasional track that for whatever reason—some physical defect in the disc or some blip in the ripping or the encoding—I cannot get FLAC-ed. Last night’s file, as it happens, was Fine Young Cannibals’ “Couldn’t Care More.”  No matter how much I tweaked the ripping and encoding settings, I couldn’t get a proper lossless copy. So I decided to do what any law-abiding music consumer would do in my situation: I searched the Internet far and wide for a paid (i.e., legal) lossless download of the song. I would have bought FLAC or ALAC or anything else lossless. Reader, I searched in vain. I don’t know why this surprised me, knowing what I do about the supply-side causes of digital piracy. But it did. I found more than one adware-bloated torrent for the FLAC version, but I couldn’t find the authorized article in anything but lossy format from Amazon or iTunes. I could, I suppose, just buy a new CD and try my luck again, but that seems a little perverse, given that the whole beauty of the digital download model is track-by-track purchasing. And I already bought the whole CD once.
[Read more…]