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posted by martyb on Thursday March 08 2018, @05:38PM   Printer-friendly
from the push-comes-to-shove dept.

According to TorrentFreak (TF) entertainment coalitions such as the Alliance for Creativity and Entertainment (ACE) are continuing to threaten developers of Kodi addons:

The MPA, Netflix, Amazon, and dozens of other content companies are ramping up the pressure on a third-party Kodi addon developer. Last year, JSergio123 was warned by the Alliance for Creativity and Entertainment to cease his activities and sign a confidential settlement agreement. He did not and now he's coming under pressure to comply. But what are ACE's demands?

[...] JSergio123's reluctance to sign an agreement with ACE hasn't gone unnoticed by the anti-piracy group. In a letter dated March 5, 2018 and signed by Kelly Klaus of US-based lawfirm Munger, Tolles & Olson, the developer is reminded of what transpired last year and what is expected of him moving forward.

"I understand that ACE counsel have discussed with you various of your "Addon" software applications and related software and services, including URLResolver (collectively, the "[redacted] Addons") and other actions you have undertaken to induce and contribute to the mass infringement of the ACE members' copyrighted works," Klaus writes. "I also understand that ACE counsel have provided you with a proposed settlement agreement, pursuant to which you would end your infringing activities and provide cooperation and other consideration in exchange for ACE agreeing not to pursue legal action against you arising out of your infringing activities. To date, you have not signed the settlement agreement."

JSergio123's precise reasons for not signing the settlement agreement aren't being made public. However, TorrentFreak understands that some of the terms presented to addon developers last year have caused considerable concern. In some cases they are difficult to meet, not to mention unpalatable to the people involved. They include promises to ensure that specified addons and indeed any developed in the future can no longer infringe copyright. For those that scrape third-party sources, this could prove impossible to absolutely guarantee. This could effectively put developers out of the addon game – legitimate or otherwise – for good. TF is also informed that ACE demanded a high-level of cooperation, including that the developers should supply what amounts to a full confession, detailing all the projects they've been involved in, past and present.

Meanwhile, Dish Network is continuing to pursue a lawsuit against TVAddons and ZemTV.

Related: MPAA Chief Focuses Attention on the Kodi Platform
Kodi Panic in the UK and Popularity in North America
Kodi Add-on Library "TVAddons" Disappears After Lawsuit
Hollywood Strikes Back Against Illegal Streaming Kodi Add-Ons
Kodi Returns to its Roots With an Xbox One Release
Two New Lawsuits Against Makers of "Pirate Streaming Devices"


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  • (Score: 4, Informative) by DannyB on Thursday March 08 2018, @06:23PM (8 children)

    by DannyB (5839) Subscriber Badge on Thursday March 08 2018, @06:23PM (#649603) Journal

    It seems he's being targeted with threats of lawsuits. An extortion attempt to get him to agree to future behavior and reveal all kinds of past behavior in exchange for not getting sued.

    The real question that nobody seems to come right out and ask / state: Is JSergio123 developing something that is illegal, or that directly infringes copyright, or that has a primary purpose of infringing copyright?

    (of course you could claim FTP and HTTP have a primary purpose of infringing copyright. But one can claim anything. Like being a stable genius.)

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  • (Score: 0) by Anonymous Coward on Thursday March 08 2018, @06:51PM (5 children)

    by Anonymous Coward on Thursday March 08 2018, @06:51PM (#649617)

    The real question that nobody seems to come right out and ask / state: Is JSergio123 developing something that is illegal, or that directly infringes copyright, or that has a primary purpose of infringing copyright?

    That's not the real question. Why should they be able to stop people from developing software even if it is mostly used for infringing upon copyright? How would that not be a violation of freedom of speech? Copyright takes a back seat to freedom of speech, as far as anyone sane is concerned.

    And I don't see how it could possibly directly infringe upon someone's copyright at all, or be illegal in and of itself.

    • (Score: 3, Insightful) by DannyB on Thursday March 08 2018, @07:14PM

      by DannyB (5839) Subscriber Badge on Thursday March 08 2018, @07:14PM (#649631) Journal

      Copyright takes a back seat to freedom of speech

      People are only realizing that copyright and free speech are not compatible.

      Why should they be able to stop people from developing software even if it is mostly used for infringing

      That is an excellent point. It is the way that software is USED that matters. You say "even if it is mostly used for". But that could turn out to be true even if it was not designed for infringing uses. For example Bit Torrent. Designed to distribute large Linux distribution ISOs. But "mostly used for" something else.

      BitTorrent would be the poster boy of what the copyright pigopolists want to destroy. And to make illegal even to develop. Yet has substantial non-infringing uses.

      --
      People today are educated enough to repeat what they are taught but not to question what they are taught.
    • (Score: 0) by Anonymous Coward on Thursday March 08 2018, @08:33PM (3 children)

      by Anonymous Coward on Thursday March 08 2018, @08:33PM (#649696)

      That's not the real question. Why should they be able to stop people from developing software even if it is mostly used for infringing upon copyright?

      Good question; very easy answer! We just apply the same standard to firearm manufacturers. Either way, win-win!

      • (Score: 2) by choose another one on Thursday March 08 2018, @10:19PM (2 children)

        by choose another one (515) Subscriber Badge on Thursday March 08 2018, @10:19PM (#649738)

        Huh? Which firearms are mostly used for infringing upon copyright?

        Have I got my pirates confused again?

        • (Score: 0) by Anonymous Coward on Thursday March 08 2018, @11:39PM

          by Anonymous Coward on Thursday March 08 2018, @11:39PM (#649774)

          "Software doesn't kill people, people with guns kill people. Software only abets copyright infringement, or goes all Blue Screen of Death on your life-support system. Letting die is not the same a killing."

        • (Score: 2) by dry on Friday March 09 2018, @03:43AM

          by dry (223) on Friday March 09 2018, @03:43AM (#649841) Journal

          Think about it. Armed crooks hold up a video store and kill the teller, take all the cash and a dozen DVD's. Now taking DVD's without paying is copyright infringement, especially when the cops catch the crooks watching the videos with friends. Now we have the serious crime of copyright infringement. Forget about the minor crimes of murder and armed robbery, those crooks used a gun to infringe copyright and are going to go to jail for a long time, don't even have to bother with the other minor charges.
          Now that it has been shown that guns can result in copyright infringement, the *AA's are going to go up against the NRA, get the 2nd repealed and ban guns.

  • (Score: 3, Insightful) by Anonymous Coward on Thursday March 08 2018, @07:10PM (1 child)

    by Anonymous Coward on Thursday March 08 2018, @07:10PM (#649627)

    Is JSergio123 developing something that is illegal...?

    It doesn't matter whether you are right or not. It really doesn't matter at all. you must have deep pockets to face a lawsuits against such moguls.

    Even if you are absolutely right and the judge rejects it immediately, you would have needed a lawyer. And in such case, it may be only the first of a long string of lawsuits. Let alone if judge accepts it and there is a trial, then you will have to face 10 years of appeals.

    • (Score: 0) by Anonymous Coward on Friday March 09 2018, @10:10AM

      by Anonymous Coward on Friday March 09 2018, @10:10AM (#649900)

      This is why there is no justice. The rich guy is always right and you're always wrong.

      Add to that anybody can sue anytime for any reason and we're all dead men walking.