Control Freaks

City workers in Paris have been instructed to remove political messages from street art this week, including several paintings protesting against local anti-piracy law Hadopi . Among the targets were several creations by Finnish artist Sampsa, who painted dozens of anti-Hadopi statements across the city.

One of the works, which displayed the text The Blood Sucking Hadopi alongside a kid being chased by a giant mosquito. The city workers decided that the text went too far and removed it in its entirety. The rest of the mutilated painting remains in place, although its original message has been completely lost.

The irony of the city's actions is that it has censored an artist who has spoken out against a law that is supposed to protect artists. Needless to say, the move was heavily criticized by many members of the public.

TorrentFreak talked to Sampsa who is disappointed that his work was destroyed, but is also glad for the public support he's received.

Creating street art is simply a tool for activism. I am glad people in France are upset about what happened in Butte aux Cailles -- it shows at least someone is paying attention to certain lines that shouldn't be crossed.

Despite the setbacks Sampsa is not going to stop, on the contrary in fact. The French three-strikes law is about to be transformed into system where alleged file-sharers will receive automatic fines , something the artists is heavily protesting against.

Does publishing a hyperlink to freely available content amount to an illegal communication to the public and therefore a breach of creator's copyrights under European law? After examining a case referred to it by Sweden's Court of Appeal, the Court of Justice of the European Union has ruled today that no, it does not.

One of the key roles of the EU's Court of Justice is to examine and interpret EU legislation to ensure its uniform application across all of those member states. The Court is also called upon by national courts to clarify finer points of EU law to progress local cases with Europe-wide implications.

One such case, referred to the CJEU by Sweden's Court of Appeal, is of particular interest to Internet users as it concerns the very mechanism that holds the web together.

The dispute centers on a company called Retriever Sverige AB, an Internet-based subscription service that indexes links to articles that can be found elsewhere online for free.

The problem came when Retriever published links to articles published on a newspaper's website that were written by Swedish journalists. The company felt that it did not have to compensate the journalists for simply linking to their articles, nor did it believe that embedding them within its site amounted to copyright infringement.

The journalists, on the other hand, felt that by linking to their articles Retriever had communicated their works to the public without permission. In the belief they should be paid, the journalists took their case to the Stockholm District Court. They lost their case in 2010 and decided to take the case to appeal. From there the Svea Court of Appeal sought advice from the EU Court.

Today the Court of Justice published its lengthy decision and it's largely good news for the Internet. The Court writes:

In the circumstances of this case, it must be observed that making available the works concerned by means of a clickable link, such as that in the main proceedings, does not lead to the works in question being communicated to a new public

The public targeted by the initial communication consisted of all potential visitors to the site concerned, since, given that access to the works on that site was not subject to any restrictive measures, all Internet users could therefore have free access to them.

Therefore, since there is no new public, the authorization of the copyright holders is not required for a communication to the public such as that in the main proceedings.

However, the ruling also makes it clear that while publishing a link to freely available content does not amount to infringement, there are circumstances where that would not be the case. the Court explains:

Where a clickable link makes it possible for users of the site on which that link appears to circumvent restrictions put in place by the site on which the protected work appears in order to restrict public access to that work to the latter site's subscribers only, and the link accordingly constitutes an intervention without which those users would not be able to access the works transmitted, all those users must be deemed to be a new public.

So, in basic layman's terms, if content is already freely available after being legally published and isn't already subject to restrictions such as a subscription or pay wall, linking to or embedding that content does not communicate it to a new audience and is therefore not a breach of EU law.

In a surprisingly sane ruling Washington District Judge Robert Lasnik found that an IP address is not sufficient evidence of the identity of a copyright infringer. The case involved the movie Elf-Man, whose production company have gained notoriety through trollish attacks one people alleged to have downloaded the movie over bittorrent. Lasnik said:

[The movie studio] has actually alleged no more than that the named defendants purchased Internet access and failed to ensure that others did not use that access to download copyrighted material,

Simply identifying the account holder associated with an IP address tells us very little about who actually downloaded 'Elf-Man' using that IP address.

While it is possible that the subscriber is the one who participated in the BitTorrent swarm, it is also possible that a family member, guest, or freeloader engaged in the infringing conduct.

As a result, the defendant's motion to dismiss was granted because the movie studio failed to state a claim for direct copyright infringement, contributory infringement and indirect infringement. The copyright holder is allowed to file an updated complaint, but doubts that the movie studio will be able to make a valid claim.

Pirate Bay is developing a new tool that doesn't rely on domain names. Instead, users will serve as the P2P hosts of the sites, with the system running its own alternative DNS. The new tool will create its own P2P network through which sites can be accessed without restrictions. A Pirate Bay insider explained:

The goal is to create a browser-like client to circumvent censorship, including domain blocking, domain confiscation, IP-blocking. This will be accomplished by sharing all of a site's indexed data as P2P downloadable packages, that are then browsed/rendered locally.

It's basically a browser-like app that uses webkit to render pages, BitTorrent to download the content while storing everything locally.

All further site updates are incremental, so people don't end up downloading the entire site day after day.

The new software will be released as a standalone application as well as Firefox and Chrome plugins.

Since the site data comes from other peers, there is no central IP-address that can be blocked by Internet providers. Site owners will still offer webseeds to speed up loading, but sites are fully accessible when these are blocked.

Another important change is that the new software will not use standard domain names. Instead, it will use its own fake DNS system that will link the site's name to a unique and verified public key. The system will also establish a registry of website names with payment being via Bitcoin.