informationliberation
The news you're not supposed to know...




Austrian Economics: Understand Economics, Understand the World
The Century of the Self: The Untold History of Controlling the Masses Through the Manipulation of Unconscious Desires
The Disappearing Male: From Virility to Sterility

The Obama Deception: The Mask Comes Off
Operation Gladio: The Hidden History of U.S. Sponsored False Flag Terrorism in EuropeThe New American Century: The Untold History of The Project for the New American Century
(more)
Article posted Nov 02 2012, 5:03 AM Category: Big Brother/Orwellian Source: TorrentFreak Print

BitTorrent Pirate Ordered to Pay $1.5 Million Damages For Sharing 10 Movies

by Ernesto

There is absolutely no requirement to rule against him for not defending himself, the judge 100% could have ruled against it, ruled to delay the case until a defense is mounted, etc., the judge had many many options, he sided with the copyright fascists. - Chris, InfoLibA federal court in Illinois has handed down the largest ever damages award in a BitTorrent case. In a default judgment defendant Kywan Fisher from Hampton, Virginia is ordered to pay $1,500,000 to adult entertainment company Flava Works for sharing 10 of their movies on BitTorrent. The huge total was reached through penalties of $150,000 per movie, the maximum possible statutory damages under U.S. copyright law. It’s expected that the verdict will be used to motivate other BitTorrent defendants to settle their cases.

Since early 2010, hundreds of thousands of people in the U.S. have been sued for downloading and sharing copyrighted content on BitTorrent.

Nearly all of these cases end up dismissed or settled, but one involving Kywan Fisher from Hampton, Virginia, has turned into a financial disaster.

In 2011 Fisher and several other defendants were sued by adult entertainment company Flava Works. The case in question differs from the so-called “John Doe” lawsuits as the copyright holder had detailed information on the defendants who had paid accounts on the company’s movie portal.

For Fisher the trouble started when instead of just viewing the films for personal entertainment, he allegedly went on to share copies on BitTorrent. These illicit copies were traced directly back to his account through a code embedded in the videos.

“Plaintiff has proprietary software that assigns a unique encrypted code to each member of Plaintiff's paid websites. In this case, every time the Defendant downloaded a copy of a copyrighted video from Plaintiff's website, it inserts an encrypted code that is only assigned to Defendant. In this case, the encrypted code for Defendant is: ‘xvyynuxl’,” Flava informed the court.

Copying films was expressly forbidden in the user agreement Fisher signed with the video portal, allowing Flava to claim willful copyright infringement for 10 titles.

According to Flava the copies uploaded to BitTorrent by Fisher went on to be downloaded thousands of times.

“Defendant's conduct was willful to the extent that he copied or distributed Flava Works, Inc.' intellectual property at least 10 times and caused the videos to be infringed or downloaded at least 3,449 times.”

Because Fisher failed to defend himself Judge John Lee had little choice but to find Fisher guilty.

This week the Judge handed down the largest ever damages award in a BitTorrent case, 10 times the maximum statutory damages for willful infringement, totaling $1,500,000.

“Given the materials submitted by Plaintiff in support of its motion and in light of the absence of any objection by Defendant, Plaintiff’s motion for entry of default against defendant 11 is granted. Judgment is entered in favor of the Plaintiff Flava Works, Inc., and against the Defendant Kywan Fisher in the amount of One Million Five Hundred Thousand Dollars ($1,500,000.00),” the judgment reads.

The order


The verdict will be welcomed by Flava and the many other copyright holders involved in BitTorrent lawsuits in the United States. DieTrollDie, a close follower and critic of these cases, points out that it will be widely cited in settlement letters to other defendants, but that the case itself is notably different.

“This was not the normal Copyright Troll case -- there was some actual evidence beyond a public IP address. Not a smoking gun by far, but certainly enough to show a preponderance of evidence,” DTD writes.

Fisher has a few options to respond according to attorney Blair Chintella.

“The most common way is the “collaterally” attack the judgment by arguing that there was some jurisdictional defect in the lawsuit. For example, that service of process was improper or that the Court lacked personal jurisdiction,” Chintella told TorrentFreak.

While the guilty verdict is no surprise considering the failure of Fisher to appear before court, the $150,000 in damages per movie, which translates to $435 per alleged download, definitely raises eyebrows.





Latest Big Brother/Orwellian
- The Many Problems with the DEA's Bulk Phone Records Collection Program
- Bakery Under Government Investigation For Refusing To Write Anti-Gay Message On A Cake
- How Hollywood Plans to Seize Pirate Site Domain Names
- New Snowden Leak Reveals GCHQ Collected Emails Of Journalists At NYT, WaPo, Guardian, BBC And Elsewhere
- You'll Never Guess Who's Trying to Hack Your iPhone
- Most People Easy To Convince They Committed A Crime That Never Happened - Study
- CPS Investigating Parents for Letting Kids Walk Home Alone
- UK Intelligence Boss: We Had All This Info And Totally Failed To Prevent Charlie Hebdo Attack... So Give Us More Info









No Comments Posted Add Comment


Add Comment
Name
Comment

* No HTML


Verification *
Please Enter the Verification Code Seen Below
 


PLEASE NOTE
Please see our About Page, our Disclaimer, and our Comments Policy.


FAIR USE NOTICE
This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.

About Us - Disclaimer - Privacy Policy



Advanced Search
Username:

Password:

Remember Me
Forgot Password?
Register

One in Three Americans Believe Police 'Routinely Lie': Survey - 01/17Senator Wants DUI Charges Dismissed Citing that Lawmakers are "Privileged from Arrest" - 01/25Man Acquitted Of Stabbing A Police Officer, Juror Says He Was "Protecting His Family" - 01/25"I'm So Ashamed" - Meet The Drone Operator Who Helped Kill 1,626 People And Walked Away - 01/25Cop Shot by Cop From Another Force Who "Feared For His Safety" - 01/25Games Road Pirates Play - 01/26Sheriff's Deputy Enjoys Paid Vacation While Criminal DUI Case Against Him Proceeds - 01/25Video: Americans Want Obama to Repeal the Bill of Rights - 01/26

Man Follows Speeding Cop, Finds Out He Was Speeding To Buy PeanutsMission Creeps: Homeland Security Agents Confiscate Women's Panties For 'Copyright Infringement'Cop Shoots Couple's Dog, Threatens Jail For Trying To Save Dog's LifeSWAT Team Shoots Teen Girl & Her Dog During Pot Raid On Wrong HomeDurham, NC Cop Testifies Faking 911 Calls To Enter Homes Is "Official Policy"Indiana Sheriff Says US A "War Zone" To Justify New MRAP Military VehicleTampa Cops Surveil Pot Dealer, Catch Him Selling Pot, Raid His Home & Kill Him"You Just Shot An Unarmed Man!": Witness Says Police Shot His Friend With His Hands Up
(more)

 
Top