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Old 19-01-23, 07:04 AM   #1
JackSpratts
 
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Default Peer-To-Peer News - The Week In Review - January 21st, ’23

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January 21st, 2023




Report Calls Out Cloudflare for Facilitating Piracy, Counterfeits

“Cloudflare is a key intermediary that can do a lot more. Its services are fundamental to the operation of many websites that infringe intellectual property.” – Corsearch report
Alec Pronk

According to new research released by Corsearch, a significant number of websites engaging in piracy and counterfeiting use Cloudflare’s Content Delivery Network (CDN) services.

Cloudflare was detected as providing services to websites that infringed trademarks and copyright six times more than the next service provider. 49% of the websites Corsearch flagged for content piracy used Cloudflare in addition to 23.5% of websites flagged for offering counterfeit goods.

Additionally, Corsearch notifies Google when it believes a website should be demoted in its search engine due to infringing trademarks or copyright. When Corsearch analyzed this data, it found 71% of these websites used Cloudflare’s services.

“The proliferation of unlawful products, services and content online undermines consumer trust and can lead to substantial consumer harm. The unwitting online purchase of a counterfeit pharmaceutical, for example, can have lethal consequences,” said Corsearch in a statement.

Corsearch, a firm specializing in IP protection, compiled the data from its work with brands and content creators to remove instances of counterfeiting and piracy from the internet. The company analyzed approximately 14,000 website enforcements over the last year.

Corsearch’s goal behind the report is to call on Cloudflare to do more to protect IP rights and work to take down instances of copyright and trademark infringement.

“Cloudflare is a key intermediary that can do a lot more. Its services are fundamental to the operation of many websites that infringe intellectual property. There is no doubt that if Cloudflare followed the example of others and did more to assist rights owners, the online environment for consumers would be substantially improved,” said Simon Baggs, President of Brand and Content Protection at Corsearch.

What is Cloudflare?

Cloudflare is a popular choice because it offers DDoS protection and SSL certification services for free while competitors typically offer these in a premium paid package. According to Corsearch’s report, “Cloudflare does not require its customers to provide verified identification and business or personal registration details, essentially granting them a cloak of anonymity under which to operate.”

Cloudflare pitches itself as a DDoS mitigation service and content delivery network rather than a traditional hosting provider. A blog post on Cloudflare’s website estimates that about 20% of websites on the internet use its services. The company has rapidly grown since it went public on the New York Stock Exchange with some investment analysts referring to the company as a hypergrowth stock.

According to Cloudflare, it does not host web content and is not able to remove content from a website, but it does often receive complaints from IP holders because its name appears in the same place that web hosting services do.

On Cloudfare’s website, the company says, “we forward copyright complaints to website operators and hosting providers, and give rightsholders the hosting providers’ contact information. While we are not legally obligated to provide that sort of assistance, we think it is the right thing to do and the best way for us to help”.

Additionally, when a formal complaint is submitted through its website, Cloudflare will notify its customer of the report and forward the report to the website’s hosting provider.

Cloudflare has also come under fire from prominent organizations in the entertainment world. The Recording Industry Association of America, the Motion Picture Association (MPA), and the Association of American Publishers all filed a complaint in 2019 to the United States Trade Representative that Cloudflare was helping pirating websites hide their hosting location.

Additionally, the MPA filed a submission to the United States Trade Representative in 2022 on behalf of big production companies including Netflix, Walt Disney Studios, Paramount Pictures, and more. In the submission, the MPA said, “Cloudflare’s customers include some of the most notorious, longstanding pirate websites in the world.”

Corsearch’s Requests

As part of the report, Corsearch made eight requests to Cloudflare. Corsearch wrote “we are asking Cloudflare to do more to support rights owners by voluntarily implementing certain measures. These measures are reasonable, proportionate and if adopted by Cloudflare will have a significant impact.”

These requests include pulling its services from websites that have been recognized by the Counterfeit and Piracy Watchlist, publishing a transparency document that includes which websites IP holders have reported to Cloudflare, and verifying basic information about its customers and their identity.

Some of the recommendations would see Cloudflare follow in the steps of Google, which removes websites from its services when it is notified of trademark infringement and provided proper documentation.

Corsearch currently has a protocol in place that notifies Google when they detect IP infringement on a website. The company is hoping to do the same with Cloudflare.

Another similarity to Google would be the transparency report, which Google makes available through its Lumen database.

Cooperation with Law Enforcement

Corsearch also analyzed data collected by the City of London Police’s Police Intellectual Property Crime Unit (PIPCU). PIPCU was established in 2013 as the national lead force to investigate intellectual property crime in the United Kingdom.

As part of PIPCU’s work, the law enforcement unit created the Infringing Website List to stop the funding of illegal streaming services. Law enforcement shares this list of websites that infringe copyright with advertisers to stem the flow of advertising money to illegally operating websites.

From this list, Corsearch found that Cloudflare 67% of the websites on the list actively use Cloudflare’s services.

“We ask the service providers we work with to support the removal of domains that are harmful to the creative industry and its consumers. There is still work to be done for all providers to have policies in place that ensure they aren’t benefiting harmful domains and preventing law enforcement from taking action against them,” said Detective Constable Abdun Noor from PIPCU.

Corsearch cited other lists and data which Cloudflare could utilize to fight back against IP infringement including the Notorious Markets List published by the United States government and the Counterfeit and Piracy Watchlist published yearly by the European Commission.

According to a study from the U.S. Chamber of Commerce, online piracy results in the U.S. economy losing at least $29.2 billion of revenue each year.
https://ipwatchdog.com/2023/01/19/re...its/id=155516/





Netflix’s 4Q Subscribers Surge, Long-Time CEO Passes Baton
Michael Liedtke

Netflix’s subscriber growth is surging again, providing an early sign that its shift to include ads in a cheaper version of its video streaming service is helping to combat tougher competition and attract cost-conscious customers grappling with inflation.

The company on Thursday disclosed a gain of 7.7 million subscribers during the October-December period, a stretch that included the debut of an ad-supported option for $7 per month — less than half the price of its most popular commercial-free plan. The performance followed subscriber gains that topped analysts’ modest expectations during a July-September period that followed Netflix’s second consecutive quarter of customer losses.

Having regained its momentum, Netflix also announced its co-founder Reed Hastings will relinquish its title of co-CEO, completing a transition that began in July 2020 with the appointment of its programming chief, Ted Sarandos, as co-CEO. Greg Peters, Netflix’s chief operating officer, will join Sarandos as co-CEO while Hastings becomes executive chairman.

Hastings, 62, had been Netflix’s CEO for more than 20 years after taking over the role from his friend and fellow company co-founder Marc Randolph in the late 1990s.

Losing Hastings as co-CEO “leaves some big shoes for me and Greg to fill,” Sarandos said during a conference call late Thursday. “Fortunately, we have four feet to do it with.”

As he handed off the CEO baton, Hastings said Sarandos and Peters were “more than ready” to succeed him. “They both have such amazing talents and gifts,” Hastings said during the conference call. “Frankly, more and more, they have already been leading the company.”

Insider Intelligence analyst Paul Verna interpreted the new leadership as another step in Netflix’s evolution from its roots as a technology company led by a mathematical whiz in Hastings to an entertainment service led by Sarandos, who has long negotiated deals with Hollywood studios, and Peters, who oversaw the expansion into advertising.

“The current shift puts advertising in the center of the picture, alongside content,” Verna said.

The upturn in Netflix’s subscribers didn’t boost profits, largely because the strong dollar weighed on international results. The Los Gatos, California, company earned $55.3 million, or 12 cents per share, during the fourth quarter, a 91% decline from the same time in the prior year. Revenue rose 2% from the previous year to $7.85 billion, a modest gain that suggest some ongoing subscribers may have hopscotched from a more expensive plan to the lower priced ad-backed option.

The earnings fell below the predictions of analysts who shape investors’ expectations. But investors appeared to be more focused on the subscriber gains that were far above projections. Netflix’s shares climbed nearly 7% in extended trading to $337.60. The stock price has double from a five-year low of $162.71 reached last May, but is still far below its all-time high of nearly $701 in November 2021.

Last year’s subscriber downturn, unprecedented since Netflix separated its streaming and DVD-by-mail services in 2011, prompted management to embrace advertising for the first time. The company is now preparing to crack down on the rampant sharing of passwords that has enabled an estimated 100 million people worldwide to watch popular shows such as “The Crown” and “Stranger Things” for free.

Bolstered by its holiday-season uptick, Netflix now boasts nearly 231 million worldwide subscribers – more than any rival in an increasingly crowded field of video streaming competition that includes the likes of Amazon, Hulu, Google’s YouTube, Walt Disney Co. and Apple, the world’s richest company.

Now that consumers have so many choices with only so much discretionary income to spend, Netflix has conceded it will be difficult to attract more customers as it historically has done. Its growth peaked during the first phase of the pandemic when the video streaming service added more than 36 million subscribers during 2020 while most people were corralled at home. By comparison, Netflix picked up fewer than 9 million subscribers for all of last year.

The slowdown prompted Netflix to stop its long-standing practice of projecting how many subscribers it expects to gain from one quarter to the next, an attempt to lessen investors’ focus on that number. Instead, Netflix is putting more emphasis on revenue and profits growth, a goal that figures to be helped by more money pouring in from ad sales.
https://apnews.com/article/technolog...25095ef1e7ec93





Telecom Giants Head To Court To Kill NY State’s Demand They Give Poor People $15 Broadband
Karl Bode

Recently, New York State passed a new law (pdf) demanding that regional broadband providers (Verizon, Charter Spectrum, and Altice) provide low-income consumers $15, 25 Mbps broadband tiers to help them survive COVID. The goal: to try and help struggling Americans afford the high cost of broadband during an historic health crisis. Under the proposal ISPs are also allowed to offer $20, 200 Mbps tiers, with any price increases capped at two percent per year.

U.S. Regulators engaging in anything even close to price regulation of regional monopolies is, again, said monopolies’ worst nightmare. As a result, the broadband industry quickly sued New York, insisting that the state is forbidden from passing such a law thanks in part to the Trump administration’s net neutrality repeal (which basically attempted to lobotomize state consumer protection authority in addition to killing popular net neutrality rules).

As the case heads to court, it could have broader implications for other state efforts to mandate lower costs for consumers (in times of crisis or not):

“The industry fear is that other states might impose requirements far more onerous than what New York requires, such as by further lowering the price, raising the speed requirements, or expanding the eligibility pool to make broadband ‘affordable’ for middle-class customers,” added Levin.

These are, of course, the same regional telecom monopolies recently busted for charging low income Americans significantly more money for what’s often slower service. Why? Because they can. There’s very little competition in many of these neighborhoods, and in most states lawmakers and regulators are little more than glorified rubber stamps for telecom monopoly interests.

These are also many of the same regional telecom monopolies recently caught ripping off COVID relief programs to their own financial benefit. They want to ruthlessly derail any competitive disruption then exploit the end result. When government rarely steps in to try and address market failure, it runs into a court system that generally tends to favor monopolization over the public interest, and into politicians who are blindly loyal to companies tethered to our first responder and domestic surveillance networks.

Ideally, you’d prefer pro-competitive policies to price caps. New York State is attempting that as well by embracing community broadband networks and community-owned middle mile networks designed to drive down overall access costs. Entrenched telecom monopolies are busy trying to crush those efforts as well in a bid to maintain the very broken, but very profitable, status quo.

Unfortunately for the nation’s monopolies, COVID ignited an unprecedented sense of policy urgency after Americans got a dramatic crash course in the importance of reliable, affordable broadband. That motivation isn’t expected to wane anytime soon. Americans are sick of substandard broadband, and industry efforts to protect themselves from disruption and reform are much harder than they used to be.
https://www.techdirt.com/2023/01/20/...-15-broadband/





What Makes that Song Swing? At Last, Physicists Unravel a Jazz Mystery
Maria Godoy

For nearly a century, jazz musicians and scholars have debated the answer to a musical mystery. As legendary jazz trumpeter Louis Armstrong once put it, "What is this thing called swing?"

Swing has long been considered an essential component of almost all types of jazz, from traditional to bepop to post-bop. As Ella Fitzgerald and many others have sung, "It don't mean a thing if it ain't got that swing." You might describe swing as a rhythmic phenomenon in jazz performances — a propulsive, groovy feeling that makes you want to move with the music.

Still, a precise definition of swing has long eluded musicians and scholars alike. As the Big Band era jazz trumpeter Cootie Williams once reportedly joked about swing, "Describe it? I'd rather tackle Einstein's theory."

Fittingly, physicists now think they've got an answer to the secret of swing — and it all has to do with subtle nuances in the timing of soloists.

Ask a jazz musician what swing is, and you're likely to get the same answer Christian McBride gave me.

"Swing is a feel," says McBride, a multi-Grammy-winning jazz bassist, music educator and host of NPR's Jazz Night in America. "There's a certain language. There's a certain inflection of rhythm."

There's one defining component of swing that's easy to hear, and it has to do with how eighth notes are played. Instead of playing them straight, like this ...

... in jazz these notes are swung, meaning the downbeats — or every other eighth note — is played just a little longer, while the offbeat notes in between are shortened, creating a galloping rhythm, like this.

But jazz musicians know that technique alone can't explain swing — after all, even a computer can swing a note.

"A computer just ain't — excuse my language – it just ain't going to swing that hard, you know?" McBride says. "You still don't get the real proper swing feel, which is a human feel."

That swing feel happens as musicians interact in performance, McBride explains. "For me, I think you've got to lock people in and say, 'OK, here's where the time is, here's what the rhythm is.' And then everybody, collectively — the musicians and the listeners — can go, 'Oh, yeah ... that feels right.'"

But how exactly are musicians playing off each other to create that swing feel? That's what Theo Geisel wanted to find out.

The physics of swing

Geisel is a theoretical physicist with the Max Planck Institute for Dynamics and Self-Organization and the University of Göttingen in Germany. He spent decades studying the physics of synchronization — for example, how the billions of neurons in your brain coordinate with each other. He's also a passionate amateur saxophonist. He even has a band with other physicists. (They play at conferences.)

Geisel is now retired. That's given him more time to use his theoretical physics toolkit to explore other mysteries of the universe, including this one: How do musicians synchronize when they try to create swing in jazz?

"It's a general belief that musicians should synchronize as best they can when they play together. This is true, of course, to some extent," says Geisel.

But since the 1980s, some scientists and music scholars have claimed that the swing feel is actually created by tiny timing deviations between different musicians playing different types of instruments. To test this theory, Geisel and his colleagues took jazz recordings and used a computer to manipulate the timing of the soloist with respect to the rhythm section.

"We had experts — professional and semi-professional jazz musicians — rate how swinging these different versions of a tune were," he explains.

The song they manipulated was a recording of "Jordu," a jazz standard written by Duke Jordan. In one version, for example, the piano soloist started at the exact same time as the rhythm section. In another version, the soloist's downbeats started just the tiniest bit behind the rhythm section, but their offbeats were not delayed.

Here's what those two versions sound like:

Didn't hear a difference between the clips? It's OK. Geisel says most people probably won't. After all, the timing delays we're talking about are miniscule — just 30 milliseconds, or a fraction of the time it takes to blink an eye.

Even so, the jazz musicians who rated the clips picked up on it.

"They noticed a difference and they could feel the difference," Geisel says. "They told us that they could hear friction between the rhythm section and the soloist, but they were amazed that they could not identify what was going on exactly. "

Geisel says the expert musicians were nearly 7.5 times more likely to rate the version with the downbeat delays as having more of a satisfying swing feel.

In another part of the experiment, the researchers also analyzed a database with over 450 recordings of jazz soloists, including performances by the likes of Dizzy Gillespie, Joshua Redman and Charlie Parker. They found that almost all of them were using tiny downbeat delays relative to the rhythm section. "There were very few exceptions," Geisel says.

He says these tiny timing delays aren't random. They're systematic, though musicians are probably just doing it intuitively.

So have scientists finally cracked the cipher of swing?

"We have cracked a lot of it," Geisel says. But he says there are some mysteries of individual artistry that science might never be able to unravel.

As for jazz musicians seeking the secret to swing, McBride's advice is: Study the greats.

"There's the spiritual answer and then there's the scientific answer," McBride says. "You've just got to listen to people who did it well. Louis Armstrong, start there. If you actually want to go hear someone who can swing their butt off, Nicholas Payton would not be a bad start. Branford Marsalis would not be a bad start."

Listen closely, he says, and eventually those mysteries of rhythm and timing will reveal themselves.
https://www.npr.org/sections/health-...l-jazz-mystery





Google Keyword-Search Warrants Questioned by Colorado Lawyers
Julia Love

After five people were killed in a 2020 arson in Colorado, law enforcement officials failed to turn up any leads through their initial investigative techniques. So they served a warrant to Google for anyone who had searched for the address of the fire, according to a court motion.

Google eventually complied with the data request, helping law enforcement find suspects. Three teenagers who had searched the address were charged with murder. But the technique also drew a challenge from defense lawyers, who are calling reverse keyword search warrants “a digital dragnet of immense proportions.” It’s the first case to challenge the constitutionality of the method, the attorneys say.

Defense lawyers filed a motion Wednesday to challenge the judge’s decision to use evidence from the warrant to charge their client, Gavin Seymour. They’re asking the Colorado Supreme Court to review the matter, after the judge earlier denied their motion to suppress the evidence.

The keyword search warrant “is profoundly different from traditional search warrants seeking data belonging to a suspect,” the defense argued in the court filing. “Instead, the process operates in reverse — search everyone first, and identify suspects later.”

A spokesperson for the Denver district attorney’s office declined to comment. Representatives for the Denver police department and Google did not immediately respond to requests for comment.

Investigators secured three keyword search warrants. Google declined to comply with the first two but provided information in response to the third, according to the motion.

There are few known examples of keyword search warrants, but the practice has come under scrutiny in the wake of the US Supreme Court’s decision to overturn the right to abortion. Some advocates have expressed concern that keyword search warrants and geofence warrants, in which police turn to tech companies for information about users who visited a particular location, could be used to prosecute women who obtain abortions in states where it is illegal.

In a transparency report containing information through 2020, Google said geofence warrants had been on the rise since 2018, adding that they represented more than a quarter of all warrant requests to the search giant in the US.

Lawyers for the arson case defendant maintain that Google must search billions of users to respond to keyword search warrants, raising privacy implications far beyond Colorado.

“This is a really significant new legal issue with tremendous implications for not only Mr. Seymour but for everyone in the country who uses Google to run searches,” said Michael Price, Litigation Director for the Fourth Amendment Center at National Association of Criminal Defense Lawyers, who represents Seymour.

--With assistance from Davey Alba and Jack Gillum.
https://finance.yahoo.com/news/googl...193115908.html





‘Hogwarts Legacy’ will Launch with Controversial Denuvo Software on PC

The controversial 'Harry Potter' game will feature the unpopular anti-piracy software
Ali Shutler

The Steam release of Hogwarts Legacy will include controversial anti-piracy software Denuvo.

Denuvo is a digital rights management (DRM) solution, with its anti-tamper software encrypting game files and requiring occasional online verification. While this means players must remain online at all times, it makes the games harder to pirate or crack.

However, it’s been reported that Denuvo causes performance issues, with a host of games removing the software in post-launch updates. Both Rise Of The Tomb Raider and Shadow Of The Tomb Raider had Denuvo removed after reports that the software was slowing the game down. The likes of Monster Hunter: World and Mass Effect: Legacy Edition also removed Denuvo shortly after launch.

A recent update to Hogwarts Legacy’s Steam page confirmed that it would be selling a version of the game with Denuvo. A PC version of Hogwarts Legacy will also be available via Epic Games Store and the listing doesn’t currently mention Denuvo, but that doesn’t mean that can’t change before launch.

The controversial Harry Potter game is set to launch February 10 for PlayStation 5, Xbox Series X/S and PC. A Playstation 4 and Xbox One version will follow on April 4, while Nintendo Switch players have to wait until July 25.

Earlier this week, it was confirmed that Simon Pegg will voice Hogwarts headteacher Phineas Nigellus Black, a character he describes as a “self-interested fool”. Elsewhere Heartstopper star Sebastian Croft and Amelia Gething will provide the voices for Hogwarts Legacy’s two playable avatars.

Since the game was announced, Warner Bros and Portkey Games have done their best to distance Hogwarts Legacy from divisive Harry Potter creator J.K. Rowling after a string of anti-trans rants.

The lead actors of Harry Potter (Rupert Grint, Daniel Radcliffe, Emma Watson) were amongst those that condemned her views, with Grint saying: “Trans women are women. Trans men are men.”

According to the FAQs, Hogwarts Legacy has not been written by Harry Potter author J.K. Rowling, though it does stay true to her “original vision”.

The president of Warner Bros. Games went on to say: “While J.K. Rowling is the creator of Harry Potter, and we are bringing that world to life with the power of Portkey, in many places, she’s a private citizen also. And that means she’s entitled to express her personal opinion on social media. I may not agree with her, and I might not agree with her stance on a range of topics, but I can agree she has the right to hold her opinions.”

In other news, a new release date for Skull & Bones will be announced “very soon” after the latest delay to the game, Ubisoft says.
https://www.nme.com/news/gaming-news...-on-pc-3380435





How Skinamarink's Viral Leak Made It This Generation's Blair Witch Project

During the horror film Skinamarink's festival run, the film leaked online. However, instead of hurting the film, Skinamarink ended up going viral.
Sean Kelly

How Skinamarink's Viral Leak Made It This Generation's Blair Witch Project

The experimental Canadian horror film Skinamarink was leaked online during its festival run, which gave the film a viral word-of-mouth build similar to the Blair Witch Project. With a budget of only $15,000, Skinamarink was shot digitally in the childhood home of Edmonton filmmaker Kyle Edward Ball. Featuring no real conventional narrative nor on-screen protagonists, Skinamarink is told from the point of view of two young children alone in their house, encountering an evil entity in the darkness.

Skinamarink had its World Premiere at the Fantasia Film Festival in Montreal in the summer of 2022. The terrifying horror movie was eventually picked up for distribution by IFC Midnight and the horror streaming service Shudder. In advance of its streaming release, Skinamarink was released on January 13, 2023, to 692 cinemas and earned an opening weekend gross of $890,000 (via Bloody Disgusting). However, its accidental leak might lead to even more success.

The viral build for Skinamarink began after the film was leaked during one of Skinamarink's digital film festival screenings. These screenings have become more commonplace since the start of the COVID-19 pandemic, often using a secured streaming platform such as Shift72. However, there was a technical glitch with Skinamarink's screening, and the film was soon downloaded and available all over YouTube and TikTok.

"I think people were under the impression we didn't have distribution and they were doing us a favor by pirating, but we did have a plan," says Kyle Edward Ball in an interview about the leak (via Variety). While such a large-scale leak can end up hurting an independent horror genre movie like Skinamarink, the leak ended up helping to build buzz about the film. Skinamarink went viral on TikTok and YouTube, with people calling the film the scariest film ever, and Skinamarink even ranked ahead of films such as The Black Phone and Bodies Bodies Bodies on lists of the top horror films of 2022.

How Skinamarink Repeats Blair Witch Project's & Paranormal Activity's Marketing Success

The viral build of Skinamarink follows in the footsteps of similar word-of-mouth campaigns for The Blair Witch Project in 1999 and Paranormal Activity a decade later. The Blair Witch Project movie was infamously one of the first films to promote itself online, with the film's lore-building website leading many to believe that The Blair Witch Project movie events actually occurred. Similarly, as one of the first horror acquisitions for Jason Blum and Blumhouse, Paranormal Activity went from sitting on the shelf for two years to becoming a viral hit in the fall of 2009 with its immensely successful "Tweet Your Scream" campaign, which asked horror fans to send tweets asking for Paranormal Activity to be expanded to their city.

Another way that Skinamarink is similar to both The Blair Witch Project and Paranormal Activity is how the hype should probably be taken with a grain of salt. The very experimental non-narrative structure of Skinamarink can and has divided audiences, not unlike the audience response to The Blair Witch Project (via Polygon). However, the fact that an ultra-low-budget experimental horror film from Canada can gain such attention says a lot about the thirst from horror audiences for new and original content.
https://screenrant.com/skinamarink-v...witch-project/

















Until next week,

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