{"id":62712,"date":"2022-03-03T09:02:00","date_gmt":"2022-03-03T09:02:00","guid":{"rendered":"https:\/\/www.cryptocabaret.com\/?p=62712"},"modified":"2022-03-03T09:02:00","modified_gmt":"2022-03-03T09:02:00","slug":"yout-com-challenges-site-blocking-in-peru-strands-in-spain","status":"publish","type":"post","link":"https:\/\/www.cryptocabaret.com\/?p=62712","title":{"rendered":"Yout.com Challenges Site Blocking in Peru, Strands in Spain"},"content":{"rendered":"<p><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2022\/03\/yout-logo.jpg\" alt=\"yout logo\" width=\"300\" height=\"172\" class=\"alignright size-full wp-image-204776\">The music industry has pushed for site blocking measures around the world, with quite a bit of success. <\/p>\n<p>Among the main targets are popular stream-ripping services. This includes <a href=\"https:\/\/yout.com\/\">Yout.com<\/a>, which is operated by the American developer Johnathan Nader.<\/p>\n<p>Unlike many of his peers, Nader isn\u2019t simply taking these blocking orders lying down. On the contrary, where possible, he actively challenges them in court, as we\u2019ve seen in <a href=\"https:\/\/torrentfreak.com\/youtube-ripper-yout-com-loses-site-blocking-case-despite-putting-up-a-defense-200423\/\">Denmark<\/a>, Spain, and Brazil. <\/p>\n<p>The Brazilian appeal was an <a href=\"https:\/\/torrentfreak.com\/isps-must-unblock-stream-ripping-sites-after-yout-com-intervenes-in-brazil-210528\/\">initial success<\/a> as the court lifted the ISP blockade. However, this didn\u2019t last. When the authorities officially announced that Yout.com would be criminally prosecuted, the blocking measures were reinstated. <\/p>\n<h2>Peru\u2019s Stream-Ripper Blockades<\/h2>\n<p>In Peru, a similar issue has emerged. Last spring local ISPs were ordered to block Yout.com and other stream-ripping sites as a precautionary measure, while the authorities conducted their investigations for potential legal action against the sites. <\/p>\n<p>The temporary blocking measure came at the request of the government agency INDECOPI, which works closely with rightsholder groups <a href=\"https:\/\/torrentfreak.com\/peru-teams-up-with-ifpi-to-fight-online-music-piracy-220225\/\">such as IFPI<\/a>. The authorities argue that the stream-ripping sites allow users to download content from YouTube without permission. <\/p>\n<p>Interestingly, the content cited in the complaint is not related to music. Instead, it lists short films such as \u201c<a href=\"https:\/\/www.youtube.com\/watch?v=kNw8V_Fkw28\">Hair Love<\/a>\u201d and \u201c<a href=\"https:\/\/www.youtube.com\/watch?v=4FPCrB2EDyc\">Almost Home<\/a>.\u201d<\/p>\n<p>According to the original injunction, the blockades had to remain in place for 30 days. However, almost a year has passed since and several major Peruvian ISPs are still blocking Yout.com and other sites. <\/p>\n<h2>Yout\u2019s \u2018Appeal\u2019<\/h2>\n<p>This prompted Yout.com\u2019s operator to hire a local attorney to appeal the injunction at Peru\u2019s Competition and Intellectual Property Court. In a ruling released a few days ago, the court clarified that there is no legal requirement for the ISPs to continue blocking the sites. <\/p>\n<p>\u201c\u2026to date no complaint or sanctioning procedure has been initiated with respect to the works mentioned in Table No. 1; therefore, the Chamber concludes that the precautionary measure under appeal has expired,\u201d the court\u2019s Specialized Intellectual Property Chamber writes (<a href=\"https:\/\/torrentfreak.com\/images\/0173-2022F-en-US-1.pdf\">translated pdf<\/a>).  <\/p>\n<p>While this sounds like a win for Yout.com, in reality the issue is more complicated. Since the court concludes that the precautionary measure no longer applies, it can\u2019t be appealed either. <\/p>\n<p>\u201cThere is no need to rule on the appeal against the injunction granted in the First Instance, filed by Yout LLC,\u201d the court writes. <\/p>\n<p>The problem for Yout is that the ISPs are still blocking the site, even though they are not legally required to do so. The site\u2019s attorney has reached out to both INDECOPI and the ISPs, urging them to lift the expired measures. <\/p>\n<p>If the ISPs choose to keep the blockades in place, Yout can potentially file a formal complaint in court. However, that will likely take months to play out and will increase the legal bills significantly. <\/p>\n<h2>No Appeal Possible in Spain<\/h2>\n<p>In addition to the problematic situation in Peru, Yout.com also has a setback in Spain last week. The stream-ripper site is blocked there as well but this order wasn\u2019t easy to track down. <\/p>\n<p>Through the RIAA, Yout\u2019s lawyers eventually learned that the blockade, which also targets several other stream-rippers, was ordered by a court in Barcelona following a complaint from the anti-piracy group AGEDI.<\/p>\n<p>Yout then filed an official appeal at Spain\u2019s Supreme Court. Among other things, the site objected to the fact that it wasn\u2019t in any way involved in the blocking lawsuit.  <\/p>\n<p>The Supreme Court denied hearing this appeal because Yout.com is not a party to the legal procedure. That was, ironically, one of the main reasons why the appeal was filed in the first place. <\/p>\n<p>According to Yout\u2019s Spanish lawyers, there are still some legal options but they estimate the chance of successfully overturning the order at less than 1% now. <\/p>\n<h2>Frustrating<\/h2>\n<p>Speaking with TorrentFreak, Yout\u2019s operator indicated that he\u2019s frustrated with all the legal roadblocks that continue to show up. However, he will continue to fight these blocking measures whenever possible.<\/p>\n<p>\u201cI\u2019m elated: after the RIAA informed us of the legal actions and proceedings we were not privy to in other countries; Yout was able to at least show up to defend itself,\u201d Nader tells us.<\/p>\n<p>In addition to the blocking cases, Yout also filed a lawsuit <a href=\"https:\/\/torrentfreak.com\/riaa-sued-by-youtube-ripping-site-over-dmca-anti-circumvention-notices-201027\/\">against the RIAA<\/a> in the United States, hoping to have the site declared legal there. That case remains ongoing.<\/p>\n<p>From: <a href=\"https:\/\/torrentfreak.com\/\">TF<\/a>, for the latest news on copyright battles, piracy and more.<\/p>\n<p class=\"wpematico_credit\"><small>Powered by <a href=\"http:\/\/www.wpematico.com\" target=\"_blank\" rel=\"noopener\">WPeMatico<\/a><\/small><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The music industry has pushed for site blocking measures around the world, with quite a bit of success. Among the main targets are popular stream-ripping services. This includes Yout.com, which is operated by the American developer Johnathan Nader. Unlike many of his peers, Nader isn\u2019t simply taking these blocking orders lying down. On the contrary, [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":62713,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[308],"tags":[],"class_list":["post-62712","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-torrent"],"_links":{"self":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts\/62712","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=62712"}],"version-history":[{"count":0,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts\/62712\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/media\/62713"}],"wp:attachment":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62712"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62712"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62712"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}