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tinbin

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tinbin last won the day on December 13 2015

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About tinbin

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  1. tinbin

    merry xmas to all

    merry xmas to all all the best for the new year tinbin
  2. thanks micro d**kheads lol google drive rules
  3. Microsoft can disable your pirated games and illegal hardware Microsoft Windows 10 Updated terms let Microsoft invade your Windows 10 computer in search of counterfeit software Vaughn Highfield @starfox118 13 Aug 2015 120 Microsoft’s updated End User Licence Agreement terms and conditions let it disable any counterfeit software or hardware and, if you’re running a Windows 10 computer, you’ve just agreed to them. Section 7b – or “Updates to the Services or Software, and Changes to These Terms” – of Microsoft’s Services EULA stipulates that it “may automatically check your version of the software and download software update or configuration changes, including those that prevent you from accessing the Services, playing counterfeit games, or using unauthorised hardware peripheral devices.” See Related Microsoft is charging Windows 10 users to watch DVDs The 5 Windows 10 privacy issues you should be aware of Windows 10 review: Microsoft's best OS in years The list of services covered by the agreement doesn't explicitly include Windows 10. However, it does include your Microsoft account, which is an extensive part of the Windows 10 experience, as well as core features like Cortana – and that implies Redmond can disable any games you’ve pirated or devices you’ve "unlawfully" hacked. Enable Cortana (which pretty-much everyone using Windows 10 is going to do) and you're subject to the Services agreement. While it’s incredibly clear what Microsoft means by “counterfeit games”, the wording “unauthorised hardware peripheral devices” is a little hazy. Does this mean Microsoft can now block uncertified PC or illegally-modified Xbox One and Xbox 360 controllers? Furthermore, Microsoft’s agreement doesn’t state if it will also disable other counterfeit software, such as cracked versions of Office or Adobe Photoshop, or if it only cares about pirated Microsoft games. I’ve reached out to Microsoft for a comment about these unanswered questions and will update you when more information becomes available. (UPDATE: More than five days after we initially published this story still haven't heard anything back. If anyone from Microsoft reads this, please get in touch!) Video game piracy, or “counterfeit games” as Microsoft puts it, has been a big issue in PC gaming for a long time. Many developers have sought to circumvent it by hard-coding impossible odds into their games, which are only solved by having a purchased activation code on your computer. The same issue is also now becoming prevalent on Android and jailbroken iOS devices. However, under Microsoft’s new Services agreement, Windows 10 Mobile would be able to combat any pirated software a user loads onto their phone – potentially making it an attractive prospect for indie developers scared of having their work stolen. Interestingly, Microsoft killed off its incredibly unpopular, DRM-heavy, Windows Live Games in Windows 10, and opted to support Steam instead. But, with these terms and conditions, Microsoft has managed to do something that's arguably worse, potentially limiting the use of software which doesn't even have DRM on it. How far can Microsoft push this? Like Expert Reviews, we think it's unlikely that Microsoft actually intends to go after pirated games on the PC. The services agreement was clearly written originally for Xbox and Xbox Live, and when writtten was probably only intended to ever apply to them. However, because Microsoft has simply taken an existing services agreement and applied it to core Windows 10 services like Cortana means that, intentionally or accidentally, it could be applied to Windows 10. And until Microsoft clarifies things, we think this remains a microsoft-can-disable-your-pirated-games-and-illegal-hardware Windows 10 can seek out pirated software August 17th, 2015 at 3:47 pm - AuthorMatthew Wilson Microsoft recently updated its EULA for Windows 10, noting that the operating system can seek out and potentially disable any pirated software, like games, running on your PC. The new clause in question is found under section 7b of the EULA, which says that Microsoft may check your software at any time and download updates or make configuration changes. “We may automatically check your version of the software and download software updates or configuration changes, including those that prevent you from accessing the Services, playing counterfeit games, or using unauthorized hardware peripheral devices. You may also be required to update the software to continue using the Services”. This means illegally acquired software, like games, could be rendered useless by Microsoft’s Windows 10 updates. It can also disable “unauthorised hardware peripheral devices”, though it isn’t clear exactly what would be considered ‘unauthorised’. At present, it isn’t immediately clear if the EULA pertains to Microsoft’s own software, which can be acquired from the Windows Store, or all software in general. However, given the amount of coverage this topic is getting we will likely see Microsoft step in to clear things up with a statement.
  4. Pirates are successfully upgrading to Windows 10 for free Over the past few months, there has been a lot of hype surrounding Windows 10, in part because Microsoft is offering free Windows 10 upgrades to those running Windows 7, Windows 8.1, and Windows Phone 8.1. In March, reports suggested the offer would extend to pirates, though when we followed up with Microsoft, it turned out the Windows licenses would stay non-genuine and would be unsupported. In May, the company reaffirmed this stance, but today we�re learning that pirates are successfully upgrading to Windows 10 for free. Over on these two Reddit threads in the subreddit Piracy, both Windows 7 and Windows 8.1 users are reporting they have managed to successfully upgrade their pirated copy of Microsoft�s operating system to the latest and greatest. That part isn�t a huge surprise � Microsoft did say pirates would be able to get Windows 10 � but the fact that Windows 10 is showing as �activated� is eyebrow-raising: pirates_win_again To be clear, these users are claiming all they did was run the �Get Windows 10? app. They are not running cracks after the upgrade (although some are perfectly happy to take that route instead). This would imply that whatever crack these pirates used to trick Windows 7 and Windows 8.1 into becoming activated worked well enough that Microsoft�s own checks didn�t catch it, and gave the green light to get Windows 10 for free. Just like genuine users, these pirates are even getting new Windows 10 product keys, in case they want to do a fresh install. They can use every feature, run Windows Update without any issue, and overall get the full Windows 10 experience for free just like any Windows 7 or Windows 8.1 user. When Microsoft revealed that Windows 10 would have seven editions, the company also disclosed that the free upgrades for genuine users were to Windows 10 Home, Windows 10 Pro, and Windows 10 Mobile. On the same day that Windows 10 launched for PCs, it looks like pirates have already managed to figure out how to get the first two without paying a dime and without having to crack Windows 10. In short, this was not supposed to happen. Pirates were supposed to be able to upgrade to Windows 10, yes, but the expectation was that they would be prompted to pay and activate � indeed, some users are experiencing just that. This would suggest that the workaround depends on the crack that was used on Windows 7 or Windows 8.1. �We will provide a mechanism for non-genuine Windows 10 PC devices to �get genuine� via the new Windows Store, whether they are upgraded versions of Windows or purchased,� a Microsoft spokesperson told VentureBeat back in March. �We will have details on this as we get closer to launch.� We have contacted Microsoft for more information and will update you if we hear back. Update: We�ve confirmed with a source close to Microsoft that devices which the company detects as non-genuine will not be offered the free upgrade to Windows 10. The company also gave us a generic boilerplate statement. �We believe genuine Windows is the best Windows,� a Microsoft spokesperson told VentureBeat. �Genuine Windows is published by Microsoft, properly licensed, and supported by Microsoft or a trusted partner. According to industry experts, use of pirated software, including Non-Genuine Windows, results in a higher risk of malware, fraud (identity theft, credit card theft, etc.), public exposure of your personal information, and a higher risk for poor performance or feature malfunctions.� The trouble here is that pirates are getting genuine Windows even though they didn�t previously have genuine Windows. http://venturebeat.com/2015/07/29/pirates-are-successfully-upgrading-to-windows-10-for-free/
  5. just got my popup for windows 10 nice one microsoft...
  6. !News piracy lawsuits dominated by just three movie companies a new study into ip litigation over the past 20 years has revealed that file-sharing has transformed copyright litigation in the united states. in particular, attacks against anonymous file-sharers dominated the landscape of the past decade, with just three companies now responsible for 93% of all john doe lawsuits. pirate-cardthanks to the development of advanced file-sharing systems and fast internet connections, lawsuits aimed at alleged internet pirates have become commonplace over the past decade and are showing no signs of disappearing anytime soon. the statistics behind the threats have been documented periodically but now a detailed study of ip litigation as a whole has painted a clearer picture of trends during the past 10 years. published by matthew sag, professor of law at loyola university chicago school of law, ip litigation in united states district courts: 1994 to 2014 provides a review of all ip litigation in u.s. district courts over the past two decades to include copyright, patent and trademark lawsuits over 190,000 case filings. perhaps unsurprisingly one of the paper�s key findings is that internet file-sharing has transformed copyright litigation in the united states, in one area in particular. �to the extent that the rate of copyright litigation has increased over the last two decades, that increase appears to be entirely attributable to lawsuits against anonymous internet file sharers,� the paper reads. in broad terms the paper places lawsuits against alleged pirates into two categories � those with an aim of discouraging illegal file-sharing and those that exist to monetize online infringement. category one is dominated by lawsuits filed by the riaa against users of software such as kazaa and limewire who downloaded and shared tracks without permission. announced in 2003, the wave seriously got underway during 2004 and persisted until 2008, straggling cases aside. category two is dominated by the so-called copyright trolls that have plagued file-sharing networks since 2010. these companies, largely from the adult movie sector, track down alleged file-sharers with the aim of extracting cash settlements. as illustrated by the chart below, so-called �john doe� lawsuits witnessed their first big boost during 2004, the year the riaa began its high-profile anti-p2p scare campaign. the second big wave can be seen from 2011 onwards. stud-1 �john doe litigation in the second wave appears to be aimed primarily, if not exclusively, at monetizing infringement�i.e., creating an independent litigation revenue stream that is unrelated to compensation for the harms of infringement and unconcerned with deterrence,� the paper reads. �the availability of statutory damages is essential to the infringement monetization strategy. united states copyright law allows a plaintiff to elect statutory damages ranging from $750 to $150,000 for willful copyright infringement, regardless of the extent of the copyright owner�s actual damage.� needless to say, this situation has encouraged some companies to file more and more lawsuits over the past several years in pursuit of profit. however, they have been required to adapt along the way. between 2010 and 2012 lawsuits were typically filed against hundreds or even thousands of john doe defendants at once, but due to increased scrutiny from district court judges the average number of does per suit has declined dramatically. �[in] 2010 the average number of john doe defendants per suit was over 560; by 2014 it was just over 3,� the paper notes. �2014 still witnessed the occasional mass-joinder suit, but by this time the model had almost entirely shifted to suits against individual unnamed defendants.� also under the spotlight are the types of content being targeted by trolls. pornographic titles were behind the lion�s share of lawsuits since 2010 and in 2014 accounted for 88% of all �john doe� actions. stud-2 what is also startling about this second category is how it has become increasingly dominated by a tiny number of plaintiffs. back in 2010 the top three plaintiffs accounted for less than 25% of john doe lawsuits but it wouldn�t stay that way for long. �in 2011 and 2012, the top three plaintiffs accounted for just under 50% of john doe cases. in 2013, malibu media, alone accounted for 64% of john doe cases and the top three in that year accounted for more than 75% of such cases. the top three plaintiffs in 2014 account for more than 93% of john doe litigation filings in copyright,� the paper adds. stud-3 conclusion despite the large number of lawsuits being filed against john doe defendants, the paper dismisses the notion that litigation since 2010 is a broad-based phenomenon. in fact, it draws quite the opposite conclusion, noting that a tiny number of plaintiffs are effectively making a huge noise. �the trend from 2012 to 2014 is one of increasing concentration of plaintiff activity. in fact, the pornography producer malibu media is such a prolific litigant that in 2014 it was the plaintiff in over 41.5% of all copyright suits nationwide,� the paper notes. finally, in respect of the activities of the plaintiffs listed above, matthew sag�s study arrives at an opinion long held by many �troll� critics. �john doe litigation is not a general response to internet piracy; it is a niche entrepreneurial activity in and of itself,� sag concludes. http://torrentfreak.com/piracy-lawsuits-dominated-by-just-three-movie-companies-150301/
  7. !News google slams mpaa censorship efforts after court victory google has claimed its first victory against mississippi state attorney general jim hood, who called for sopa-like internet filters in the u.s. after the court put hood's subpoena on hold, google called out the mpaa who they see as the main instigator behind the censorship efforts. mpaa-logowith help from the mpaa, mississippi state attorney general jim hood launched a secret campaign to revive sopa-like censorship efforts in the united states. the mpaa and hood want internet services to bring website blocking and search engine filtering back to the table after the controversial law failed to pass. the plan became public through various emails that were released in the sony pictures leaks and in a response google said that it was �deeply concerned� about the developments. to counter the looming threat google filed a complaint against hood last december, asking the court to prevent hood from enforcing a subpoena that addresses google�s failure to take down or block access to illegal content, including pirate sites. this week google scored its first victory in the case (pdf) as u.s. district judge wingate granted a preliminary injunction to put the subpoena on hold. this means that hood can�t yet use the investigative powers that were granted in the subpoena. in addition, the injunction also prohibits hood from filing civil or criminal charges, at least for the time being. while the court still has to rule on the merits of the case google is happy with the first �win.� what stands out most, however, is google slamming the mpaa�s efforts to censor the internet. �we�re pleased with the court�s ruling, which recognizes that the mpaa�s long-running campaign to censor the web � which started with sopa � is contrary to federal law,� google�s general counsel kent walker notes. while the mpaa wasn�t mentioned in the court�s decision, google wants to make it clear that they see the hollywood group as the driving force behind hood�s �censorship� campaign. google�s harsh words are illustrative of the worsening relationship between the search giant and the hollywood lobby group. after a previous clash, a top executive at google�s policy department told the mpaa that his company would no longer �speak or do business� with the movie group. thus far, the mpaa has remained relatively silent on the court case, at least in public. but given the stakes at hand it�s probably all hands on deck behind the scenes. http://torrentfreak.com/google-mpaa-censorship-150303/
  8. !News google removes launchpad apps after trademark complaint google play has removed a few dozen "launchpad" apps from its store as they allegedly infringe the similarly named trademark. the broad takedown request was submitted by focusrite, a uk audio equipment manufacturer who trademarked the term. googleplaythe word �launchpad� has many meanings, but in the world of mobile apps it has become an established term to describe apps that allow people to create music simply by clicking on the screen. over the years hundreds of �launchpad� apps have populated various app stores, often using the popular keyword as part of the software�s description or title. most recently, however, dozens of android developers were notified that use of the word was not authorized after uk-based audio equipment manufacturer focusrite sent google play a takedown notice listing several dozen launchpad apps as trademark infringers. one of the apps covered in the complaint is alexander nowak�s �dubstep dubpad buttons� app. novak released the app a few weeks ago after he turned 18 and it generated hundreds of thousands of downloads since. according to focusrite, however, the app infringes on their trademark for using the word �launchpad� in the description. google encouraged the developer to resolve the issue, which novak did by removing the challenged word, after which his downloads plunged. �i removed the keyword in my description, resulting in having way less downloads since a couple of hours,� nowak tells tf. for other developers referenced by the takedown notice the effects are much worse. it appears that all apps using the word �launchpad� have been removed from google play. this includes popular apps such as �great launchpad,� �super launchpad,� �free launchpad,� �launchpad mix,� �launchpad mashup,� �launchpad play,� techno launch pad and dozens more. the trademark underlying the request is brand new and was published for opposition early january. as with many trademarks its description is quite broad, including many possible uses. �apparatus, instruments and software for recording, transmission, reproduction or amplification of sound; sound-recording and processing apparatus and software; sound equalizers; musical instrument digital interface controllers, converters and software; downloadable music files; music-composition software; digital music downloadable provided from a computer database or the internet; structural parts and fittings for all the aforesaid apparatus. launchpadtrade according to novak this trademark definition is too broad, covering many aspects that have nothing to do with how his and other launchpad apps operate. �i don�t know how a launchpad could even indirectly ever make a �transmission of sound�, i have never seen anyone running a �parametric, semi-parametric, graphic, peak and program equalizer� on it and i really doubt that it has anything to do with �downloadable music files�,� the developer says. �i think focusrite�s claim on that is ridiculous. i can understand when they want to fight piracy, industrial espionage or anything that actually harms them. but with that stupid complaint they are literally just aiming to destroy some indie dev�s businesses, which i think makes them the *****iest enterprise ever,� he adds. the developers who lost their apps will be able to resubmit them under new names. however, they will have to drop their existing branding and will probably miss out on many customers. focusrite currently only has an app for ios devices, but considering the recent google play purge, it�s likely that they will have an android one out soon. http://torrentfreak.com/google-removes-launchpad-apps-after-trademark-complaint-150225/
  9. !News eu commissioner wants to abolish netflix-style geoblocking andrus ansip, europe's vice-president for the digital single market, wants to abolish geoblocking. restricting user access to content based on their location, which netflix, youtube and others do, is discrimination, he says. "i want to pay � but i am not allowed to. i lose out, they lose out," ansip notes. ansipdue to complicated licensing agreements netflix is only available in a few dozen countries, all of which have a different content library. the same is true for many other media services such as bbc iplayer, amazon instant video, and even youtube. these regional blockades are a thorn in the side of andrus ansip, vice-president for the digital single market in the european commission. in a speech this week he explained why these roadblocks should be abolished. �far too often, consumers find themselves redirected to a national website, or blocked. i know this from my own experience. you probably do as well,� ansip said. �this is one of many barriers that needs to be removed so that everyone can enjoy the best europe has to offer online. it is a serious and common barrier, as well as extremely frustrating,� he added. the commissioner is targeting an issue that lies at the core of the movie and tv industries, who license content per location. ansip specifically mentions bbc�s iplayer, but other services including youtube, amazon and netflix have the same restrictions. the geoblocking restrictions are demanded by content creators, who want to sell the streaming rights on a regional basis. to enforce these licenses, users from outside of the designated countries are blocked. the commissioner believes that this is an outdated concept which he likens to discrimination. if people want to pay for content, they should be able to, regardless of where they live. �in the offline world, this would be called discrimination. in the online world, it happens every day,� ansip noted. �i want to pay � but i am not allowed to. i lose out, they lose out.� �how can this be a good thing? we put up with the situation because there is not much alternative. now it is time to do something about it,� he added. the artificial restrictions are not a market issue according to the commissioner, but a matter of rights. these rights should be enjoyed equally and not just by the happy few who happen to live in a �licensed� country. �there should be no exceptions. everyone should be treated the same. this is a key principle that underpins everything we want to achieve,� ansip said. the eu is currently discussing how copyright legislation in europe should be overhauled and the vice-president for the digital single market hopes that measures against geoblocking will be part of the new rules. http://torrentfreak.com/eu-commissioner-wants-to-abolish-netflix-geoblocking-150227/
  10. !News copyright monopoly fraudsters need to go to jail with heavy damages it shouldn't even be controversial. if you're lying about holding a copyright monopoly to something, you're infringing on that work's distribution, and should suffer the same penalties as any other infringer does today. copyright-brandedlast week there was a story on torrentfreak about a copyright monopolist who had gone absolutely insane and sent so-called �takedown notices� to everybody and their brother, from eff to tor � basically anybody with a download page. it�s a complete mystery why this isn�t a criminal behavior. the fact that it isn�t is why it continues and harms innovation, creativity, free speech, and the internet. the swedish pirate party had a very clear policy on crimes like this: if you lied about holding an exclusive right to something, the same penalty that would have applied to an infringer of that exclusive right would instead apply to you. this is only fair, after all: you are infringing on the distribution of a creative work by dishonest means. for repeat offenders, or organizations that committed this crime on a commercial basis or commercial gain, like that idiot record label in the torrentfreak story � they would be declared criminal organizations and have all their assets seized. the individuals doing so for commercial gain would go to jail for a couple of years. the thing is, this should not even be contentious. this is how we deal with this kind of criminal act in every � every � other aspect of society. if you lie as part of commercial operations and hurt somebody else�s rights or business, you are a criminal. if you do so repeatedly or for commercial gain, direct or indirect, you�re having your ill-gotten gains seized. this isn�t rocket science. this is standard bloody operating procedure. the copyright industry goes ballistic at this proposal, of course, and try to portray themselves as rightsless victims � when the reality is that they have been victimizing everybody else after making the entire planet rightsless before their intellectual deforestation. the irony is that at the same time as the copyright industry opposes such penalties vehemently, arguing that they can make �innocent mistakes� in sending out nastygrams, threats, and lawsuits to single mothers, they are also arguing that the situation with distribution monopolies is always crystal clear and unmistakable to everybody else who deserve nothing but the worst. they can�t have it both ways here. it�s a matter of incentives, at the end of the day. if there�s no risk at all in lying and causing pain to other people, along with a very small reward, then sociopaths � like those in the copyright industry � will do so at an industrial scale, accompanied by the most stalinesque of laughters. this is also the behavior we observe now. there must to be a risk associated with willfully lying and causing injury or damage. today, there isn�t. and because there isn�t, google alone receives on the order of thirty million nastygrams per month. most or all of them automated at the sender�s end. there�s no cost or risk in sending them, after all, and that has to change. the u.s. dmca � what a horrible mistake that was � does state that somebody sending a takedown notice does so under penalty of perjury. however, that only applies to the claim of representing the person believing to hold the copyright monopoly to the work; not to the claim of actually holding the exclusive right you claim to hold. a bare legislative minimum would be to extend the penalty of perjury to include the actual � not believed, but actual � holding of the copyright monopoly somebody claims to hold. the very least you can ask is that committing a crime such as fraudulent exclusive rights carries a risk with it. it�s not rocket science. http://torrentfreak.com/copyright-monopoly-fraudsters-need-go-jail-heavy-damages-150301/
  11. !News avicii and other djs produce hits using pirated software by ernesto on february 23, 2015 c: 145 breaking most of the top djs are multi-millionaires, but that doesn't mean that they don't use pirated software to create their music. video footage reveals that paying �139 for a legal copy of the popular synthesizer plugin sylenth1 proved to be too much for avicii and other popular djs such as martin garrix. aviciitim bergling, aka avicii, has become one of the world�s best known djs, scoring hit after hit in recent years. with a net worth estimated at $60 million the swede has plenty of cash to splash. enough to buy an expensive hollywood hills mansion. interestingly, however, some of the tracks he made his millions with were produced with the help of pirated software. in an interview with future music magazine avicii proudly shows his setup and the associated video reveals that he�s using a cracked version of lennar digital�s popular sylenth1 plugin, which normally costs �139. the plugin, which appears 42 minutes into the video, is registered to �team vtx 2011,� referencing the name of a well-known cracking group. avicii�s �team vtx 2011? plugin avicii-teamvtx the interview with avicii was shot a while ago so there�s a chance that the dj bought a legal copy in the meantime. however, the use of pirated sylenth1 plugins among top djs is not an isolated incident. just a few months ago dj deadmau5 called out martin garrix on twitter for making the same mistake. garrix, who�s also a multi-millionaire, was using a version cracked by �team air.� garrix� �team air� plugin garrix-air and then there�s steve aoki, good for an estimated $45 million, who was also previously accused of using a pirated copy of sylenth1. responding to the revelation, aoki came up with proof showing that he did own a proper license, but that his road team forgot to use it. �i had asked my road team to help me load in my production software and apparently they didn�t ask jacob for the authorization code for sylenth and installed a pirated version,� aoki said. the pirating dj trend isn�t limited to sylenth1 either. in yet another interview with future music magazine, norwegian dj aleksander vinter, aka savant, uses a pirated copy of ohmicide. on its website ohmicide says it understands that �not everybody can afford to spend several hundred dollars for a piece of software while you have other bills to pay in times of crisis.� but while savant�s income is nowhere near the millions of the others, he isn�t starving just yet. savant�s �team air� plugin savant based on the above it�s clear that using pirated software is pretty common among djs. not just aspiring teens with no money to spend, but also those who are making millions of dollars per year. avicii in particular should know better. after all, he was �discovered� by universal music�s per sundin, who was one of the main witnesses against the pirate bay four during the 2009 trial. whether lennar digital will follow this piracy lead up has yet to be seen � the company has yet to respond to our request for comment. update: savant�s manager informed us that aleksander bought a legal copy as soon as he could afford it. �we would like the opportunity to respond because we know that there are hundreds of aspiring musicians who look forward to the day they can pay software developers for the software they use as soon as they have the means and we feel its important to make sure your readers know this.� alex update: lennar digital informed us that all artist that were �caught� pirating (avicii, martin garrix, steve aoki) did purchase a license, some already before they got famous. �it is of course very unfortunate (you could call it stupid even) that they used pirated copies in their videos, possibly because they forgot to install their legal licenses, or were simply too lazy to do so,� ceo lennard addink tells tf. �piracy obviously is a major problem for our company, by missing revenue to invest in further development and otherwise because cracked versions usually are buggy and unstable and give wrong impressions of the software,� he adds. http://torrentfreak.com/avicii-and-other-djs-produce-hits-using-pirated-software-150223/
  12. !News aussie isps advocate three strikes solution to piracy under pressure from the australian government, local isps have now published proposals on how to deal with the issue of online piracy. drafted together with entertainment companies, the draft sees subscribers warned three times before further action is taken. after developing a reputation for being some of the most prolific online pirates around, last year australian citizens were told by the government that enough is enough. since years of negotiations between isps and entertainment companies had gone nowhere, service providers were told to propose voluntary measures to deter and educate pirating subscribers or have one forced upon them by law. with a deadline looming, telecoms body the communications alliance has now published its draft proposal on behalf of its isp members. titled �copyright notice scheme industry code�, the 34-page document hopes to pacify rightsholders and their allies in government by outlining a graduated response mechanism to deal with file-sharers. �the copyright notice scheme code is designed to facilitate a cooperative industry-led copyright notice scheme through which internet service providers and the owners of copyright works will work to deter the practice of online copyright infringement and inform consumers about available and lawful content alternatives,� the draft begins. �the code provides for the creation of a copyright notice scheme under which isps will accept reports (in a prescribed format) from rights holders. the reports will identify internet protocol addresses that a rights holder alleges have been used to infringe copyright in online work of the rights holder. the reports will request that the relevant isp notify the relevant account holders of the alleged infringements.� according to the draft there will be three types of notice. step 1: educational notice warnings received by subscribers for their first alleged offense are designed to be educational. the notice will advise that a rightsholder has observed an infringement while detailing the content involved plus a time and date. the notice will acknowledge that the account holder is not necessarily the infringer and will contain assurances that no information about the subscriber has been shared with a third party. recipients will be warned, however, that they are now at a greater risk of being exposed to rightsholder legal action. any questions about the notice can be sent to the copyright information panel, an adjudication body comprised of isp and rightsholder representatives. step 2: warning notice second notices sent to errant subscribers are framed as a warning. like educational notices they will detail the alleged infringement but will also underline the fact that the subscriber has already received an educational notice. at this stage no information about the subscriber will be passed to rightsholders but will contain a stern warning. �receipt of a further notice may result in a rights holder instituting court proceedings against the account holder, including a preliminary discovery application to obtain the account holder�s details,� the draft reads. any questions about the notice can again be directed towards the copyright information panel. step 3: final notice in addition to detailing the alleged infringement, subscribers will be reminded that they have already received educational and warning notices. the subscriber will be required to acknowledge receipt of a final notice (via registered letter or popups) and will be advised that rightholders may go to court to obtain their identity. isps will make a record that a final notice has been sent to the subscriber but will not be required to send any further notices to an account holder who receives a final notice within 12 months of receiving an educational notice. challenge notices subscribers who feel they have been wrongly accused can file a challenge notice with the adjudication panel. an appeal will cost the subscriber aus$25 but will be refunded if the appeal is upheld. fees may also be waived if the panel believes that would be appropriate. punishments and costs the document makes no mention of punishments such as throttling, suspensions or disconnections, so they are now clearly off the table. who pays for the system � a big sticking point throughout several years of negotiations � also appears to be unresolved. �rights holders and isps are cooperatively undertaking further work to quantify the costs of meeting the specific operational responsibilities and processes required by the scheme and determine how these costs should be fairly apportioned between isps and right holders,� the draft reads. if the proposals (pdf) in the draft are accepted the scheme could be in place as early as september but the big question remains. will entertainment companies also help aussies to break the piracy habit by providing better and cost-friendly legal alternatives? http://torrentfreak.com/aussie-isps-advocate-three-strikes-solution-to-piracy-150220/
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