Library Nu. and other e-books sites are targeted by 17 publishers
At the request of 17 publishing companies in the United States, the
United Kingdom and Germany, including HarperCollins, Oxford University
Press and Macmillan, a Munich judge on Monday granted injunctions
against illegal posting or sharing of online book files by two websites.
Library.nu is alleged to have posted links to hundreds of thousands of
illegal PDF copies of books since December 2010, Ed McCoyd, an attorney
for the Association of American Publishers, told The Huffington Post.
The majority of these uploads allegedly went through the website
iFile.it, he said.
The coordinated legal action came after seven months of private
investigation and was led by a German publishing association,
Börsenverein des Deutschen Buchhandels, and the International Publishers
Association.
The Munich court served Library.nu and iFile.it 17 separate
injunctions, representing 10 book titles from each of the publishers.
One of the injunctions, which The Huffington Post viewed in a
translation from the original German, states that every Web link --
either on iFile.it or Library.nu -- leading to an illegal online copy of
one of the named books would result in a fine of 250,000 euros or as
much as six months in jail.
By Wednesday evening, iFile.it still listed PDFs of various popular
works, though whether these works were named in any of the injunctions
could not be verified. An iFile.it representative told The Huffington
Post Wednesday that it is working hard to take down any potentially
copyright-infringing files.
The joint action by the publishers is unusual. "We don't coordinate
litigation against piracy sites as our normal course of action," McCoyd
said. Instead publishers typically send what is called a "takedown
notice" via lawyers and order a website company to take down copyrighted
material, he said.
These two websites stood out, however. Rather than merely hosting a
handful of book files, they were allegedly hosting and providing links
to illegal PDF files of more than 400,000 books, including works by
Salman Rushdie and Jonathan Franzen as well as many expensive textbooks.
The publishers and publishing associations hired Lausen
Rechtsanwalte, a Germany law firm that specializes in tracking down and
prosecuting copyright infringement, to find the parties responsible for
the alleged book piracy. Since virtually all the files listed on
Library.nu seemed to be hosted by iFile.it, the lawyers tried to find a
connection between Library.nu and iFile.it, which is owned by DF
Hosting based in Galway, Ireland, Ursula Feindor-Schmidt, a partner at
Lausen Rechtsanwalte, said by phone from Germany.
But tracking down the ownership of Library.nu posed a challenge,
according to Feindor-Schmidt. Library.nu appeared to be hosted in
Ukraine but its Web address was registered on the small Pacific island
of Niue, she said.
A representative from iFile.it who responded to an email request for
comment (but wished not to be named) told The Huffington Post on
Wednesday that Library.nu "has nothing to do with us."
But the lawyers acting for the ad-hoc publishing coalition think
otherwise. "We thought they would be connected because of how the sites
are constructed," Feindor-Schmidt said. "The registered addresses for
the owners of both sites were also based in Ireland."
The owners of Library.nu had allegedly supplied false names and
addresses when they had registered its Web domain name, according to
Feindor-Schmidt. So the lawyers worked with
the Irish National Federation Against Copyright Theft to hire private investigators to track down possible connections between the websites.
Then investigators found what they think was the real address for
Library.nu, Feindor-Schmidt said. "We thought that it was strange that
they were sitting around the corner in Galway from the owners of
iFile.it," she said. "But we still couldn't prove a link."
In the end, a breakthrough came not from private investigators -- but
from the Donate button on Library.nu, she said. "Users could give
donations [to Library.nu] via PayPal in return for access to more
files," Feindor-Schmidt said. "You then got an email stating that
'
ad...@library.nu has received your donation.' But then you got a real
receipt from PayPal, stating the real name of the owner of the account.
We received two different receipts with two real names."
The names on the receipts were Fidel Nunez and Irina Ivanova,
Feindor-Schmidt said. The names correspond with those of the owners and
directors of iFile.it, according to documents filed with the Irish
Companies Registration Office. A judge accepted that a link had been
proved between the sites and proceeded to grant joint injunctions,
Feindor-Schmidt said.
As eReaders such as the Amazon Kindle and Barnes & Noble's Nook
become more popular, online ebook piracy may continue to plague the
industry. "Over the last two years, [ebook piracy] has grown
tremendously," Feindor-Schmidt said.
"As a group, [publishers] want to show other sites that, where you
have such a clear copyright infringement, it can't be accepted by the
rights owners," she said.
(Source:-Andrew Losowsky, Books Editor, The Huffington Post)
SRINIVASA RAO GANTA
Asst.Professor in LIS
VBIT,Hyderabad