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Cloudflare Faces Lawsuit For Assisting Pirate Sites (torrentfreak.com)

An anonymous reader shares a TorrentFreak report: In recent months CloudFlare has been called out repeatedly for offering its services to known pirate sites, including The Pirate Bay. These allegations have now resulted in the first lawsuit after adult entertainment publisher ALS Scan filed a complaint against CloudFlare at a California federal court. [...] Copyright holders are not happy with CloudFlare's actions. Just recently, the Hollywood-affiliated group Digital Citizens Alliance called the company out for helping pirate sites to stay online. Adult entertainment outfit ALS Scan agrees and has now become the first dissenter to take CloudFlare to court. In a complaint filed at a California federal court, ALS describes piracy as the greatest threat to its business. The rise of online piracy has significantly hurt the company's profits, they argue, noting that "pirate" sites are not the only problem. "The problems faced by ALS are not limited to the growing presence of sites featuring infringing content, or 'pirate' sites. A growing number of service providers are helping pirate sites thrive by supporting and engaging in commerce with these sites," ALS writes.

14 of 83 comments (clear)

  1. Others To Sue by Jason+Levine · · Score: 4, Insightful

    Server companies sell servers that these pirates use, sue them also. Computer makers make computers that pirates use so sue them also. Networking companies provide the bandwidth for pirates to trade copyrighted files so sue them also. Hey, all of these things use electricity so let's sue the electric company also!

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    1. Re:Others To Sue by tomkost · · Score: 3, Insightful

      Except it is not up to LEO to say what is illegal. They can only suggest to the court that something is illegal. Innocent until proven guilty. Also, piratebay is breaking no laws in this country as they are not a legal entity of this country. So in these cases, US companies are trying to extend legal reach beyond US borders and that not be legal.

    2. Re:Others To Sue by The-Ixian · · Score: 2

      Ok, I misspoke.

      What I meant is: If a judge decides that a company is up to illegal activities and tells the company to stop then anyone working with that company in spite of this is aiding those illegal activities.

      --
      My eyes reflect the stars and a smile lights up my face.
    3. Re:Others To Sue by myowntrueself · · Score: 2

      Ok, I misspoke.

      What I meant is: If a judge decides that a company is up to illegal activities and tells the company to stop then anyone working with that company in spite of this is aiding those illegal activities.

      Not quite. The company can get shut down, but only those involved in the actual illegal activity will be prosecuted.

      Otherwise you'll have the janitor serving time for something they was completely unrelated to them.

      As such, ALS would have to prove the CloudFlare was involved as a conspirator in the illegal activity. Otherwise, CloudFlare has done nothing wrong other than sell there own services.

      So no, unless you can show that CloudFlare (or any company) for that matter was involved in the Copyright Infringement (or other illegal activity) then they are absolved of the supposed crime. For example, a bank holds a criminals money; is the bank then a legal conspirator (and therefore guilty) of murder for an Assassin? Or illegal drug possession or drug trafficking for a drug dealer? No. It's no different for CloudFlare and other companies; yes, they may help make websites and services more secure; but they're not participating in the crime itself in any form - no different from the bank.

      You don't have to be convicted of an offence to have assets seized if you are 'supporting' an illegal endeavor; its called 'civil forfeiture'. Eg people who rent properties to drug dealers have been known to have had those properties seized without any conviction against them, just a conviction against the drug dealer and the presumption that the property owner 'should have' known about it and reported it to the police.

      Hell, even driving around in the USA with some cash in your car can result in that cash being seized by the police because its 'obvious drug money'. They don't even have to prove anything.

      --
      In the free world the media isn't government run; the government is media run.
  2. Spamford Wallace? by Y2K+is+bogus · · Score: 2, Insightful

    This hearkens back to the mid-late 90's when Spamford Wallace was being courted by one sleazebag ISP after another. As long as he paid them handsomely, they would ignore abuse complaints. Until the blacklists came about. Someone suggested yesterday about resurrecting the Usenet Death Penalty for Cloudflare, because of their blatant protection for sleazy companies (they were talking about the company that is serving malicious ads on Slashot, that do a full page overlay and redirect you to a scam site, of which it's particularly invasive on a mobile device).

  3. Cloudflare = criminals by nicesecurity · · Score: 2

    Who cares about pirate sites. However their refusal to take down booters and other criminal services because they are for "freedom of speech" *COUGH COUGH* should have lead them to the court a while ago.

  4. Re:Meh... by Killall+-9+Bash · · Score: 2

    Piracy isn't a threat to the porn industry. The porn industry is a threat to the porn industry. A billion porn sites... how many are selling licensed or original content? And how many are blatantly stealing? How many of these sites advertize by putting free videos up on XNXX with their logo on it? Where'd they get THOSE videos?

    Too much free content, and too much content stolen by other porn businesses. THAT is what is killing the porn industry.

    --
    "Prediction: within 10 years, Windows will be a Linux distribution." Me, 7-6-2016
  5. This angers me by thegarbz · · Score: 5, Funny

    I looked up ALS Scan and did some research. News of this lawsuit has me sitting here just shaking my fist.

  6. Not Cloud Flare's Problem by NotARealUser · · Score: 5, Insightful

    If I had massive crime on the street I lived on, my responsibility would be to protect myself and my property.

    Imagine that during that crime spree a a local business owner told me that a thief (that had robbed the business down the street) hid in my basement and would not leave. If the business owner came over and said "there is a thief hiding in your basement and I want to get him". I would refuse entry. I would tell him to call the police. If I did my own internal investigation and found that a thief might be hiding there, I would also choose to call the police.

    However, under no foreseeable circumstances would I let the business owner in to deal with the criminal. Furthermore, if the business owner continuously asked me to check for thieves, it would be a great inconvenience for me. I would tell them to take a hike and call the police if you have real evidence.

    If you really think you have a case, get a prosecutor to go after CloudFlare. Until then, CloudFlare has every right to deal with it internally or just ignore the issue.

    We have seen companies using the guise of DMCA violations for sabotaging competition, corporate espionage, and more. If I were CloudFlare, I would also do all I could to remain the neutral party and just focus on serving paying customers.

    1. Re:Not Cloud Flare's Problem by Anonymous Coward · · Score: 2, Insightful

      Now lets say the Thief Moves in and you feed him and cloth him.
      He now Robs people in the area to pay you back.
      Are you aiding and abetting?
      Why did YOU not can the Police?
      Why did you not force him to leave?

  7. Re:Meh... by 110010001000 · · Score: 3, Funny

    I'm not sure. I'll investigate and let you know.

  8. Re:Meh... by ewibble · · Score: 2

    The porn industry isn't dead, dying or anywhere close, the staggering there is array of porn available, possibly too much.

    The problem is that these people see is that they can't make millions selling porn, well boo hoo. Your in business deal with the environment your are in, or fail.

    This industry is an example of how piracy although prevalent has not stopped a wide variety of content being produced.

  9. Re:Meh... by Panoptes · · Score: 2

    'Stop exploiting women and get a fucking job.'

    - But isn't that precisely what they've already got?

  10. Cloudflare is a man in the middle attack. by danda · · Score: 2

    Cloudflare is a giant man in the middle attack happening 24/7/365 all over the internet.

    Don' you find it strange they can insert captchas and other pages into what is supposedly a secure connection between you and the website you are visiting? Say, your favorite bitcoin exchange, for example.

    That's because the SSL cert was issued for cloudflare's server, not the website server. After that, the traffic between cloudflare and the website may not even be encrypted at all.

    But even if it encrypted, it means that cloudflare with its 1000+ employees can view, sniff, log, alter every bit of communication in both directions.

    In other words, that little lock icon by the URL in your browser.... completely useless. Because the website has broken your trust by delegating the cert to cloudflare.

    Remind me again why people seem to think this is a good thing...