counterfeiting

Check counterfeiting using botnets and money mules

LAS VEGAS--A Russian group is doing check counterfeiting in the U.S. using malware, botnets, virtual private networks, and money mules recruited online, according to research expected to be revealed at the Black Hat hacker conference here on Wednesday.

The SecureWorks Counter Threat Unit investigated the bizarre operation over three months and is now working with law enforcement to find out who is responsible for the scam, which is believed to have netted as much as $9 million from fake checks in the last year.

SecureWorks researchers uncovered the complicated operation in April when it discovered a unique variant of … Read more

Google attorney slams ACTA copyright treaty

PALO ALTO, Calif.--An attorney for Google slammed a controversial intellectual property treaty on Friday, saying it has "metastasized" from a proposal to address border security and counterfeit goods to an international legal framework sweeping in copyright and the Internet.

The Anti-Counterfeiting Trade Agreement, or ACTA, is "something that has grown in the shadows, Gollum-like," without public scrutiny, Daphne Keller, a senior policy counsel in Mountain View, Calif., said at a conference at Stanford University.

Both the Obama administration and the Bush administration had rejected requests from civil libertarians and technologists for the text of … Read more

ACTA treaty aims to deputize ISPs on copyrights

Internet service providers could become copyright cops encouraged to block access to suspected pirate Web sites, according to a previously secret draft treaty made public on Wednesday.

One section of the proposed digital copyright treaty says that immunity from lawsuits would be granted to Internet providers "disabling access" to pirated material and adopting a policy dealing with unauthorized "transmission of materials protected by copyright." If the ISPs choose not to do so, they could face legal liability.

Both the Obama administration and the Bush administration had rejected requests from civil libertarians and technologists for copies of … Read more

ACTA copyright pact to go public

Negotiators on Wednesday will publish the first officially released draft of the Anti-Counterfeiting Trade Agreement, a new treaty designed to harmonize copyright enforcement around the world.

The decision to release the consolidated draft on April 21 was made at the eighth round of Anti-Counterfeiting Trade Agreement (ACTA) negotiations, which took place this week in Wellington, New Zealand. So far, the only publicly available information on the negotiating countries' proposals and amendments have been leaked documents purporting to be drafts of the agreement.

"There was a general sense from this session that negotiations have now advanced to a point where … Read more

It's time to fight the copyright police state

Ok, nerds. It's time to mount up. We're going to war. We're living in what is increasingly becoming a copyright and intellectual property police state, and it's time we self-organize and do something about it. Here's the deal.

Recently, the office of the Intellectual Property Enforcement Coordinator (a new post under the Obama administration) asked for comments as it puts together its "Joint Strategic Plan" for intellectual property enforcement. Yes, you the public are also invited to comment, and that's what I'm hoping you'll do after you read this. Or during. Or both.

See, the RIAA and the MPAA submitted a joint commentary that the EFF refers to as a "wish list" and, most accurately, a dystopian view of a future in which most government and police resources go toward stopping intellectual property theft and illegal downloading.

This Gizmodo post describing the comments reads like something only hyper-overreactive, FUD-spreading free-stuff-loving Internet types would come up with as a paranoid nightmare: the RIAA and MPAA want spyware installed on your computers that would automatically delete "infringing content." They want network-monitoring software that would halt an illegal download in its tracks. They want to deputize the FBI, Homeland Security, and border crossing guards to examine and seize MP3 players and laptops (something so egregious it even came out of the wildly over-the-top ACTA agreement). Crazy talk, I know.

But read the comments for yourself. It's all in there. And there's more: the MPAA wants blockbuster movie releases to be treated with the same kinds of security measures and law-enforcement mobilization that might occur when, say, a head of state comes to visit.

The comments call for bandwidth throttling and shaping, network filtering and deep-packet inspection (especially on college campuses), and accelerated federal investigations into the theft of "pre-release music and movies...as this is one of the most damaging forms of online copyright theft and requires immediate attention and swift action." Dive in anywhere. It's a minefield of overreaching, unbelievably punitive, alarmist language.

And this is just insult to injury, considering the other things the music and movie industry have either asked for or forced on us over the years, as they become increasingly paranoid about digital piracy and increasingly panicked about their outmoded, pre-Internet business plans. And let's not forget their historic unwillingness to make any sort of actual business changes and instead try to rely on government to keep them in business. Let's review.

Thanks to the DMCA, it is illegal for you to make a digital copy of a DVD that you have actually purchased. That's because, under the law, you are not allowed to break the technological DRM that keeps you from ripping the DVD. It's also because you have no explicit right to fair use with the content or devices you own. The RIAA has spent years flirting with ways to stop you from ripping CDs, hinting that they don't think making digital copies of your own CDs is, in fact, fair use. Several labels briefly issued widely despised copy-protected CDs, until consumer outcry put a stop to it because the crippled CDs frequently wouldn't even play. And of course, when that failed, they resorted to dirty tricks like embedding rootkits in CDs that would essentially break your computer when you ripped one. … Read more

GAO piracy report: A deeper look

Copyright owners are in need of some good researchers.

I've already written a news story about the report on piracy and counterfeiting issued Monday by the U.S. Government Accountability Office (GAO) that called into question some of the assertions made by copyright owners about the effects of piracy on their businesses.

Because the claims about piracy's effects could influence copyright legislation in the future, it's worth taking a closer look at the GAO's year-long investigation. I also wanted to cover some points I wasn't able to make in the previous story.

First, the GAO … Read more

Obama to 'aggressively protect' intellectual property

As a presidential candidate, Barack Obama was young, a technology fan, and appeared to be an establishment outsider. For those reasons some techies hoped he might be sympathetic to copyright reform.

Those hopes are fading fast as President Obama appears to have lined up on the side of copyright owners. In a speech at the Export-Import Bank's annual conference in Washington, D.C., President Obama told attendees Thursday that his administration is firmly behind producers of creative works.

"We're going to aggressively protect our intellectual property," Obama said. "Our single greatest asset is the innovation and the ingenuity and creativity of the American people...It is essential to our prosperity and it will only become more so in this century. But it's only a competitive advantage if our companies know that someone else can't just steal that idea and duplicate it with cheaper inputs and labor."

The president's comments come as his administration continues to revitalize an improving but still ailing U.S. economy. They echo statements made often by leaders in the U.S. film, music, video game, and software industries. For a while these sectors have claimed piracy and Internet file sharing mean the loss of U.S. jobs and poison the economy. Critics say that the job losses are more due to poor business decisions made by the studios and music labels. … Read more

European Parliament slams digital copyright treaty

The European Parliament took aim Wednesday at a secret intellectual property treaty that has been criticized for possibly giving copyright holders more power to pull the plug on peer-to-peer users.

By a remarkable vote of 633 to 13, the Parliament rebuked European negotiators who have been drafting the Anti-Counterfeiting Trade Agreement (ACTA) in a series of confidential meetings around the globe. No version of the document has been disclosed by the participants, which include the United States, the European Commission, Japan, and Canada.

Parliament's resolution demands that the European Commission--the EU's executive branch--grant "public access" to … Read more

Antipiracy provision in treaty riles EU

The European Commission has pledged to make sure a global treaty known as the Anti-Counterfeiting Trade Agreement will not force countries to disconnect people for unlawfully downloading copyrighted music, movies, and other material.

The statement from the office of trade commissioner Karel de Gucht is the strongest comment on the treaty since the reorganized European Commission emerged in February.

"We are not supporting and will not accept that an eventual...agreement creates an obligation to disconnect people from the Internet because of illegal downloads," John Clancy, de Gucht's spokesman, told ZDNet UK on Thursday.

Read more of &… Read more

eBay fined $2.5 million in French perfume case

eBay is criticizing a French court's ruling that orders the company to pay a $2.55 million fine to European conglomerate LVMH.

The auction giant and its European unit were fined 1.7 million euros on Monday by the Commercial Court of Paris, which ruled that the company violated a 2008 court order by not preventing the sale of legitimate LVMH perfumes and cosmetics. LVMH's brands include Christian Dior, Guerlain, and Givenchy perfumes.

In June 2008, the Commercial Court fined eBay $61 million in a lawsuit filed by the conglomerate, which is officially known as LVMH Moet Hennessy … Read more