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U.S. Court Extends Global Shutdown of DVD Ripping Software


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A federal court in New York has issued a paralyzing verdict against the Chinese-based DVD ripping company DVDFab. Ruling in favor of AACS, the licensing outfit founded by Warner Bros, Disney, Microsoft, Intel and others, the court has issued an updated injunction granting the seizure of several domain names belonging to the software vendor.

dvdf.jpg

Last year the decryption licensing outfit AACS launched a crackdown on DRM-circumvention software.

The company sued the makers of popular DVD ripping software DVDFab. It won a preliminary injunction based on the argument that the “DVDFab Group” violates the DMCA’s anti-circumvention clause, since their software can bypass DVD encryption.

Initially DVDFab did not respond to the court, so the order was entered by default. However, after the injunction was issued the company responded in the name of Feng Tao, with a request for the court to revise its earlier judgment.

One of the counterarguments DVDFab raised was that the DMCA’s anti-circumvention provisions don’t apply worldwide, and DVDFab was promising to no longer do business with U.S. customers.

“It is well-established that the Copyright Act doesn’t apply extra-territorially,” the company argued, asking the court to quash the injunction or limit it to the United States.

AACS contested the good intentions of DVDFab and showed the court that the software was still readily available to the U.S. public. According to AACS the circumvention software was still being offered and promoted though new domains and services.

For example, new circumvention tools and services were offered from TDMore.com, BluFab.com, Boooya.org, DVDFab.de, and FabImg.net, among others. To stop DVDFab from bypassing the court order, AACS asked for an updated injunction to cover these new products and domains.

This week District Court Judge Vernon Broderick ruled on the motions from both sides with AACS the clear winner. The Judge argues that DVDFab’s explanations for the continued offering of software in the U.S. are not credible so has ordered the seizure of several new domain names.

“Tao’s explanations for his continued trafficking of infringing products into the United States—the product is not his, the product was not created ‘primarily’ for AACS circumvention, or the product was not intended for U.S. users — is simply not credible. The record overwhelmingly demonstrates these statements are not true,” Judge Broderick writes.

The injunction (pdf) bars DVDFab from distributing its software in public and allows AACS to seize seizure a wide range domain names. In addition, the company’s social media accounts are to be blocked and other services including online banks cut off as well.

While the Judge understands that the DMCA doesn’t apply in other countries he argues that, considering DVDFab’s conduct after the initial injunction, it will only be effective if it applies worldwide.

“It was not my intention to sweep within the Preliminary Injunction lawful conduct, i.e. entirely extraterritorial conduct. However, Defendant’s recalcitrant persistence in accessing the United States market makes clear to me that no more narrowly-tailored relief would be effective,” the Judge writes.

As a result DVDFab will lose control over TDMore.com, BluFab.cn, BluFab.com, Boooya.org, DVDFab.de, DVDFab.cn, FabImg.net, Woookao.cn, and Woookao.com which were found to be in violation of the DMCA. Two other domains, TDMore.cn and Boooya.com, were not added as there’s not enough evidence that they are operated by the software vendor.

There is no doubt that the broad injunction will severely impact the Chinese company. Aside from its domain names, the court also ordered payment processors to stop working with DVDFab, which will make it very hard for the company to sell its products anywhere in the world.

Source: TorrentFreak

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Yep; the Strangleoriginal.jpg?w=600&his on for

FAB.

But knew tech is coming and might change everything in Total.

(The two companies have paired up to jointly develop a next-generation standard for optical discs that will be able to hold at least 300GB of recorded material (a typical Blu-ray disc for a film holds 50GB). Sony and Panasonic hope to release the first version of the discs by the end of 2015.

The new discs are designed for the professional community looking for a new long-term digital datastorage solution to archive their materials — and not for the general consumer. It sees its core customer base as studios, TV networks and post production houses, as well as cloud data centers)

http://variety.com/2013/digital/news/a-replacement-for-blu-ray-is-coming-does-anyone-want-it-1200569762/

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Really since when does the USA have any jurisdiction over a Chinese domain ? Long ago they ban buying file-host in most all places in the USA but they can still sell them in other countries so I don't see how they could ban vendors outside there jurisdiction from selling it. China don't care about other countries laws they about took over the pre release thing of movies world wide most movies leak out of China in better quality than pre releases from some years ago . ^_^

The judge extended his order to "main name registries, including but not limited to VeriSign, Inc., NeuStar, Inc., Public Interest Registry, Japan Registry Service Co., Ltd. (JPRS), DENIC Verwaltungs- und Betriebsgesellschaft eG (DENIC), China Internet Network Information Center (CNNIC) and/or the individual registrars holding or listing one or more of the DVDFab Domain Names, and who receive actual notice of this Order, shall, within three (3) days of receipt of this Order, temporarily disable such domain name."

As that makes clear, the judge seems to be attempting to compel registries in Japan, Germany, and China to disable the domain names used by Fengtao. It's not clear how he hopes to enforce that ruling: even if domain registrars in Japan and Germany are willing to implement the order, it's hard to see one in China helping a US judge shut down a Chinese company.

http://arstechnica.com/tech-policy/2015/03/us-judge-orders-seizure-of-foreign-domains-owned-by-chinese-company/
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100% illegal. this pos hit admin has got to go. high crimes and treason. judge should go to gitmo too. this was 100% legal software. with this ruling they will be able to go after other software makers.

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kmcknight2001uk

Seriously? Are you for real??? OMG!!! This ORG is more f...... up than I thought....... Back to reality!

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Really since when does the USA have any jurisdiction over a Chinese domain ?

You dont think that USA has been letting jobs "slip away" to other countries for nothing in return do you?

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Really since when does the USA have any jurisdiction over a Chinese domain ?

You dont think that USA has been letting jobs "slip away" to other countries for nothing in return do you?

Still really they have no say in what goes on over there. if they did China could go to court over there and say NSA is hacking and its illegal and it must be shut down.and they would have to do it. The reason jobs went everywhere else were laws they impose to many pollution laws and labor laws . You take someone who builds cars that's under the union . They can move those jobs were there is no laws and pay workers at a fraction of the price . Even high tech jobs in poorly developed countries pay about what you would make working in fast food in the USA . ;)

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ban knifes too it can be use to kill peoples... stupid court and their bribed judge

nah weapons are cool (and their lobby is very powerful)

i've learned yesterday while kinder surprises are banned in the usa (too dangerous!!)

this is going to be available in your local gun store

http://www.cnet.com/news/a-handheld-flamethrower-why-certainly-sir/

!!!!!

It wont be legal long in most places , not legal in California already.

http://www.huffingtonpost.com/2015/03/20/handheld-flamethrower-xm-42_n_6909706.html

ban knifes too it can be use to kill peoples... stupid court and their bribed judge

Many states certain kinds already are . You have 50 states with 50 sets of laws . In order for something to be illegal everywhere it has to be Federal law .

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ban knifes too it can be use to kill peoples... stupid court and their bribed judge

nah weapons are cool (and their lobby is very powerful)

i've learned yesterday while kinder surprises are banned in the usa (too dangerous!!)

this is going to be available in your local gun store

http://www.cnet.com/news/a-handheld-flamethrower-why-certainly-sir/

!!!!!

It wont be legal long in most places , not legal in California already.

http://www.huffingtonpost.com/2015/03/20/handheld-flamethrower-xm-42_n_6909706.html

thats probably because of the drought :P but still a wise decision

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I love using my propane fueled weed burner. However, I once got too close to my neighbors wooden fence and set it on fire. There is no way that I could afford that flame thrower, but it would certainly make quick work of my weeds.

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