Wednesday, November 6, 2019

TorrentFreak's Latest News

 

Court Denies Entry of Default Motion Against Torrent Site YTS, Cautions Attorney
Ernesto, 06 Nov 09:10 PM

Popular torrent site YTS has become the target of three different copyright infringement lawsuits in the U.S. this year.

The most recent one was filed by HB Productions, the makers of the movie Hellboy, owned by parent company Millennium Funding.

The complaint in question lists a "John Doe" as the defendant who supposedly operates YTS. However, HB Productions believes that a person named Senthil Vijay Segaran and the company Techmodo Limited are involved.

The latter two were recently 'summoned' to respond to the complaint but neither did. This prompted the Hellboy makers to request an 'entry of default' against YTS.

If granted, this would open the door to default judgment where the movie company can request damages, without any defense from the opposing party. In this case, however, it didn't get that far.

In a recently issued order, Magistrate Judge Kenneth J. Mansfield denied the motion. Federal Rules of Civil Procedure require the defendants to be officially named, which didn't happen in this case, the Judge points out. 

"As a practical matter, it is impossible to serve a summons and complaint on an anonymous defendant. The Ninth Circuit therefore disfavors the use of doe defendants, and Plaintiff's tactics highlight the problems in proceeding with doe defendants," Judge Mansfield writes.

This means that the movie company can't submit a motion for default judgment yet. As such, it can't demand damages or request a permanent injunction to target the site's domain registrar. And that wasn't all.

A few days after the denial, Judge Mansfield cautioned HB Production's attorney, Kerry Culpepper, noting that the court doesn't permit him to summon persons or entities who are not named defendants.

"It is improper for Plaintiff to attempt to effect service on a person or entity Plaintiff believes to be a doe defendant without properly amending its complaint to identify the doe defendant by name. It is equally improper for Mr. Culpepper to direct summonses to persons and/or entities who are not named defendants in an action," the Judge notes.

As a result, the proofs of service for these summonses were stricken from the record. The same is true in two other related cases, which center around YTS as well.

In one of these cases, filed by Millennium Funding and several related movie outfits, Culpepper filed an amended complaint last week, naming three defendants, including Senthil Vijay Segaran and the company Techmodo Limited. In the two other cases, no amended complaint has been filed thus far.

With three separate and similar cases, the movie companies will likely push for some kind of compensation. Whether that's through a default judgment, a trial, or a private settlement has yet to be seen. In any case, YTS is under pressure.

Anticipating possible domain issues, YTS previously moved from YTS.am to YTS.lt, where it is still operating from today. For now, it will likely continue to do so.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

Court Orders 'Ethical' Torrent Giant TNTVillage to Stop Piracy Activity
Andy, 06 Nov 07:49 AM

By their very nature, it is rare for torrent sites to stay online for more than a few years.

While there are a few notable exceptions that have bucked the trend, most come and go, having wilted under significant legal or financial pressures.

After being founded in 2005, TNTVillage, which for years was Italy's most popular torrent site, was one of the unusual ones. Hated by local anti-piracy groups but loved by fans, the site aimed to draw attention to restrictive copyright law but also attempted to act ethically by not releasing new content quickly after release.

In September 2018, the site was targeted by a lawsuit with site owner Luigi Di Liberto revealing that his home had been searched by authorities. Now, according to the Italian Publishers Association and anti-piracy group FAPAV, the Court of Milan has "ordered the cessation of TNT Village's file sharing activities, fully endorsing the rights holders' requests."

According to the groups, TNTVillage made available more than 134,000 titles available to the public, including movies, TV shows, anime, software, and books.

"It is a great result," says Ricardo Franco Levi, President of the Italian Publishers Association (AIE)

"The court fully accepts our position. One million users, through the activity and structure of TNT Village, have illegally and massively shared contents of publishers protected by Copyright: there is nothing ethical about behavior contrary to the law and damaging the rights as these.

"Was this the most famous pirate house on the Italian web? We will do everything to counter not only this but all alternative forms of piracy."

While the ruling is a considerable win for the groups after all these years campaigning against TNTVillage, there will be no simultaneous shutdown of Italy's largest torrent site. In fact, the site itself stole the groups' thunder in September, when an announcement revealed it would shut itself down.

"Unfortunately due to [owner] Di Liberto's decision, not attributable to our will and with extreme regret, we inform you that the site and the forum are closed," the announcement read.

However, given the anti-copyright stance of the site's now-former operator, the site's parting shot is of particular interest. Instead of deleting everything and disappearing into the shadows, the announcement added a file for download, noting that "if you are a geek, you may be interested in downloading THIS."

The file bears the hallmarks of a site dump, which interested parties may be able to use to resurrect the infamous but now-defunct torrent platform. This hasn't gone unnoticed to FAPAV, which is promising action if problems arise.

While celebrating the legal victory and noting the importance of continuing the fight against piracy, FAPAV General Secretary Federico Bagnoli Rossi warns that anti-piracy groups will be on the lookout for anyone seeking to clone the platform.

"In the meantime, our Federation together with AIE is continuing to verify that the portal database is not repurposed on other sites. Otherwise we will evaluate whether to proceed by legal means also against new possible platforms," Rossi says.

"We are pleased with how this activity is progressing and we will certainly not lower our guard."

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

 
 
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