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Old 08-13-2013, 07:32 PM   #1
Alexander Turcic
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Anti-piracy group wants to catch e-book pirates; vendors now required to help them

TorrentFreak has published a report stating that Dutch vendors who sell watermarked e-books are now required to share identifying information of suspected pirates with the Dutch anti-piracy outfit BREIN.

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The new digital distribution deal for eBook merchants will see them ‘watermark’ unique codes into the digital eBooks they sell which will identify a specific transaction number. These transaction numbers will be linked directly to a specific customer account. [...]

The agreement will see vendors connected to the eBoekhuis platform share previously-private customer data directly with copyright holders and anti-piracy group BREIN. This means that should digital books turn up on BitTorrent networks or Usenet for example, with a minimum of fuss BREIN will be able to match the embedded watermarks with the customer who bought them.
Digital watermarks are one of the technologies being touted as a means to deter piracy of digital content. The issue with watermarks is that they're subject to abuses that could invade an innocent consumer's privacy or, worse, expose him to lawsuits for infringements he did not commit.

In a blog entry, Kurt Roeckx, who runs the Dutch speaking e-book store E-webshops, shares his doubt about the legality of working hand in hand with the anti-piracy group.

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But now we got a new contract that states that we must directly give information about the buyer if some anti-piracy agency (BREIN) finds an e-book file online. We must keep the information about the buyer for minimum of 2 years and maximum of 5 years. And if we don't sign the contract we won't be allowed to sell e-books with watermark anymore.

So this means that they want to bypass the normal judicial system, and probably contact those buyers they accuse of piracy directly. I questioned that this was legal. They say that it is legal according to the Dutch privacy law, but I have a hard time interpreting any of the options in article 8 as that we can give that information without the explicit consent of the person.
You can read his full blog entry here.

Image: peasap/Flickr

Last edited by Alexander Turcic; 08-13-2013 at 07:37 PM.
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Old 08-13-2013, 08:25 PM   #2
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So basically yet another anti-piracy group is ranking IP protection above due process.

Is anyone surprised? I'm not.
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Old 08-13-2013, 08:28 PM   #3
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Originally Posted by Lemurion View Post
So basically yet another anti-piracy group is ranking IP protection above due process.

Is anyone surprised? I'm not.
They just get the names of the suspects --- they can't automatically convict. They just know where to start further investigations. Due process is what, hopefully, comes afterwards.
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Old 08-13-2013, 09:06 PM   #4
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I've been reading about this today. This is completely absurd. IMHO, it damages a Dutch law called WBP. (Wet Bescherming Persoonsgegevens / Law to protect personal data.) It states that any institution that knows my personal data (store, sports club, etc...) has to ask my permission to pass on that data to any other institute. If someone wants to get a hold of this data without my permission, he would normally need to provide a case to the court and state why he wants access to it, what he wants to do with it, and why he can't do it without that data.

If BREIN can now just say "We found ebook X online, and it states that it is bought at your store, transaction number XYZ. Give us the data of the person that bought it", without going through court, then this is a very bad idea. Who says the book was put online by the original purchaser?

As I've stated before, in the Netherlands it is allowed to download media (ebooks, music, movies, series), as it is deemed not to be possible to determine the legality of the source, or of every single file before downloading. (I've had it happen to me that a Google link turns out to be a complete book in PDF-format, while I was just looking for some information such as reviews.) However, it is prohibited to spread or upload copyrighted material.

Still, if a file is found on the internet, it is not certain that the person linked to be the original purchaser of that file is also the uploader. It's way too easy to steal notebooks, phones, e-readers, external hard drives, USB-sticks, CD's, or whatever; in schools (college and university), many of these things are stolen each year. It's easy enough to get the files off them and spread them without the consent of the original purchaser.

In this way, the honest and original purchaser doesn't only lose his device and his files for which he has paid, he can also be dragged into court for copyright infringement. That's just ridiculous, and *ANOTHER* reason for me to *NOT* buy eBooks in Dutch stores. (Price being the most important one, let alone that I rarely read books that are originally written in Dutch. Or listen to Dutch music... or see Dutch movies...)

Last edited by Katsunami; 08-14-2013 at 07:56 AM.
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Old 08-14-2013, 12:56 AM   #5
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BREIN isn't known for being subtle. They want us to pay them money because we have a copier in our store and it is possible we copy copyrighted material with it.

I've also heard of (uknown) bands being told to either pay up or remove their own YouTube videos from their website.

Also, we have to pay extra for recordable media (CD's, DVD's, HDD's, MP3 players) because they assume you will use it for illegal copying. So it's very double that you have to pay up because you might copy copyrighted material illegally and when you get caught they will take you to court.

And where does all the money go? Nobody knows, BREIN is one of the most untransparent companies in the Netherlands. Over the last couple of years some big artists have spoken out that all the money BREIN collects for them (as BREIN tells everyone they are doing) as compensation for loss because of illegal copying/downloading/etc they hardly get any of that money.
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Old 08-14-2013, 01:36 AM   #6
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Quote:
Originally Posted by Rumpelteazer View Post
BREIN isn't known for being subtle. They want us to pay them money because we have a copier in our store and it is possible we copy copyrighted material with it.

I've also heard of (uknown) bands being told to either pay up or remove their own YouTube videos from their website.

Also, we have to pay extra for recordable media (CD's, DVD's, HDD's, MP3 players) because they assume you will use it for illegal copying. So it's very double that you have to pay up because you might copy copyrighted material illegally and when you get caught they will take you to court.

And where does all the money go? Nobody knows, BREIN is one of the most untransparent companies in the Netherlands. Over the last couple of years some big artists have spoken out that all the money BREIN collects for them (as BREIN tells everyone they are doing) as compensation for loss because of illegal copying/downloading/etc they hardly get any of that money.
It sounds like one bunch of pirates robbing another bunch of pirates (assuming the copyright is infringed that is).
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Old 08-14-2013, 01:38 AM   #7
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Originally Posted by HansTWN View Post
They just get the names of the suspects --- they can't automatically convict.
Why would they even want to?
They might just as well use this information to scare people and extort money from them.
Quite likely not really legal or binding, but it's worked before in a multitude of variations (think of "you downloaded a ringtone, now you've entered a contract, cough up the money or we sue!").
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Old 08-14-2013, 02:58 AM   #8
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Originally Posted by Alexander Turcic View Post
Digital watermarks are one of the technologies being touted as a means to deter piracy of digital content. The issue with watermarks is that they're subject to abuses that could invade an innocent consumer's privacy or, worse, expose him to lawsuits for infringements he did not commit.



For this reason it's paradoxal to use digital watermarks in ebooks. It's all in all paradoxal to fight against piracy at all. The history of piracy and the music industry shows, the way it goes: If there are good legal offers for the customers, piracy will reduce till it is insignificant.
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Old 08-14-2013, 03:10 AM   #9
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Originally Posted by HansTWN View Post
They just get the names of the suspects ---
"Just" implies without judicial process. Remember, BREIN is a private organization just like all the other anti-pirate organizations out there, and they don't have any legal or investigative authority.
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Old 08-14-2013, 03:17 AM   #10
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"Just" implies without judicial process. Remember, BREIN is a private organization just like all the other anti-pirate organizations out there, and they don't have any legal or investigative authority.
And you have to wonder what they will do with that info. Will they suspend accounts associated with those names? I don't know anything about Dutch law but taking action like that against someone who hasn't been convicted of wrong doing would create an uproar round the U.S. I would think. That would be judging them guilty without the 'formality' of a trial. I mean how would they know that the actual person who bought the book was responsible for it being illegally distributed? Someone could have hacked their account (if they have the book stored online) and gotten it that way.
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Old 08-14-2013, 03:19 AM   #11
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So how hard is it now (or soon enough) to remove the watermark?

I'm sure that for every 'new' DRM invention there will be an equally 'new' stripper, eh.
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Old 08-14-2013, 04:05 AM   #12
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So how hard is it now (or soon enough) to remove the watermark?

I'm sure that for every 'new' DRM invention there will be an equally 'new' stripper, eh.
No need watermark removal.
Only need offload words that you paid for.
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Old 08-14-2013, 04:12 AM   #13
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It's curious that some organizations and publishers are so hell-bent on discouraging customers from spending money.

Just like iBooks. I spent hundreds there, but now I can't liberate the books I buy from them, and as a result my money now goes to Kobobooks/Baen/etc.
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Old 08-14-2013, 04:12 AM   #14
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I mean how would they know that the actual person who bought the book was responsible for it being illegally distributed? Someone could have hacked their account (if they have the book stored online) and gotten it that way.
Exactly that's wrong in this picture.

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So how hard is it now (or soon enough) to remove the watermark?
One could always "print" a watermarked book into a new book. Watermark technologies that consist of bits and bytes embedded in the original file would disappear this way.

If, on the other hand, they were using something horrible like this, then it would require at least two independently purchased items of the same work. Then you could compare them and detect the permutations.
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Old 08-14-2013, 07:48 AM   #15
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Originally Posted by Rumpelteazer View Post
BREIN isn't known for being subtle. They want us to pay them money because we have a copier in our store and it is possible we copy copyrighted material with it.

I've also heard of (uknown) bands being told to either pay up or remove their own YouTube videos from their website.

Also, we have to pay extra for recordable media (CD's, DVD's, HDD's, MP3 players) because they assume you will use it for illegal copying. So it's very double that you have to pay up because you might copy copyrighted material illegally and when you get caught they will take you to court.
In the Netherlands, there is no "illegal copying" if you are not spreading the material. You are allowed to copy material; that is why the taxes on recordable media is there. It allows me to create FLACs for my media-PC, MP3's for my MP3-player, and copy the CD to use in my car. I wouldn't want to have to buy all media several times.

Quote:
And where does all the money go? Nobody knows, BREIN is one of the most untransparent companies in the Netherlands. Over the last couple of years some big artists have spoken out that all the money BREIN collects for them (as BREIN tells everyone they are doing) as compensation for loss because of illegal copying/downloading/etc they hardly get any of that money.
This is indeed a big problem with organizations such as BREIN. They are telling everybody that they're doing "good things", and collecting the money for the creators of the content, but the creators say they never see a penny. Nobody knows where the money goes.

BREIN functions like a charity. They DON'T want piracy to stop, just as charities don't REALLY want their problem solved for which the charity organization was created. BREIN is doing enough to look like as if they are making a difference. The reason is simple: If you solve ALL piracy and ALL problems for which there are charities, then all of those organizations become redundant... and quite a lot of CEO's and other highly paid people will be out of work.

After The Pirate Bay was blocked in The Netherlands, BREIN proclaimed to have won "The War Against Piracy". Oh? Eh.... didn't see all those... like... 2.845 proxies? Or the 5.234.489 other Torrent sites? Or... uhm.... the 10.578.247 non-Torrent possibilities?

If people want to pirate, they will pirate, one way or another. As I've often said: the only way to solve it is to follow GOG.com's game example. A lot of choice, a low price, easy to get (download), complete (with expansions, updates, soundtracks, art), no hassle, and after you've paid, the provider of the content stays out of your hair forever, as there's no DRM.

Last edited by Katsunami; 08-14-2013 at 07:52 AM.
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