Friday, March 27, 2020

TorrentFreak's Latest News

 

'Hellboy' Must Explain Calculation For the $270,000 Piracy Damages Claim
Ernesto, 26 Mar 09:44 PM

Last summer, the makers of the movie "Hellboy" (HB Productions) filed a complaint against torrent site MKVCage at a Hawaii federal court.

The movie company accused the site and its operator of promoting and distributing pirated copies of the Hellboy movie while demanding an end to the activity.

The lawsuit quickly had an effect as MKVCage became unreachable. At the same time, the uploader stopped pushing torrents to other sites as well. This meant that part of the plan had succeeded, without the torrent site putting up a defense.

But HB Productions wanted more. The company argued that the site caused irreparable damage and demanded compensation from the operator, a Pakistani man named Muhammad Faizan.

Since Faizan didn't show up in court, the movie company's attorney Kerry Culpepper requested a default judgment totaling more than $270,000 in infringement damages.

"The certain sum of $270,902.58 […] was calculated by multiplying the number of instances of infringement in the United States logged by Plaintiff's agent by the price for purchasing a copy of the motion picture in Hawaii," Culpepper wrote to the court.

Despite a hefty damages award hanging over his head, Faizan remained quiet. This generally means that the court will side with the plaintiff but in this case, Magistrate Judge Kenneth J. Mansfield is reluctant.

In a recently issued report and recommendations, Mansfield advises the court to deny the damages request, as the "sum" is not as "certain" as Hellboy's attorney makes it out to be.

"The First Amended Complaint and the Motion do not indicate how Plaintiff calculated its asserted $270,902.58 damages amount. Nor does Plaintiff's Motion include documents setting forth amounts necessary to calculate a certain damages sum," Judge Mansfield writes.

"Without such information, the Court is unable to determine the formula Plaintiff used to calculate its alleged damages. The Court thus finds that Plaintiff fails to establish that its claim is for a 'sum certain' and recommends that the district court deny the Motion," he adds.

This recommendation serves as guidance to the federal court, which has yet to rule on the matter. However, before it could do so, HB Production's attorney already withdrew his request for a default judgment.

The movie company now plans to file a new motion in the near future where it will provide more detail on its calculations. Among other things, it will have to explain in detail how many infringements were logged, and what retail price for the movie the company chose.

By law, the maximum statutory damages are $150,000 per work. Since HB Productions asked for a substantially higher amount here, these details are crucial in order to determine whether it will be granted, or not.

A copy of Magistrate Judge Kenneth J. Mansfield's report and recommendations is available here (pdf)

Drom: TF, for the latest news on copyright battles, torrent sites and more. We also have an annual VPN review.

Anti-Piracy Chief: Pirated Content is Now Harder to Find in Search Engines
Andy, 26 Mar 11:00 AM

In 2018, leading content companies and distributors plus Yandex, Rambler Group, Mail.Ru Group, vKontakte, and RuTube signed up to a landmark anti-piracy memorandum in Russia.

The aim of the voluntary agreement was to make pirated content harder to find in search engines. This, the organizers said, would be achieved by the creation of a centralized database of allegedly-infringing content to be regularly queried by Internet platforms so that delistings could take place.

The ultimate aim is to have the memorandum written into law but in the meantime, it's being claimed that the system is already having the desired effect.

Formed in 2013 to protect the interests of several licensed online distribution platforms, the Internet Video Association has grown to become one of the most vocal anti-piracy groups in Russia. Its members support the memorandum and according to director general Alexei Byrdin, it is now considered to be achieving its aims.

Byrdin says a certain level of piracy comes hand-in-hand with any legal content business and achieving a complete victory over piracy can't be achieved in Russia or anywhere else in the world. However, by removing infringing content from search engines, easy access to unlicensed content is being reduced.

"The correct measurement of the effect of the fight against piracy is a decrease or increase in the availability of pirated content. It is this indicator and approach that I consider the most correct," Byrdin told Regnum.

"Pirated products in the Russian Federation have become less accessible. And by accessible, we mean the easy discovery of pirated content through search services. It was at this point that our anti-piracy memorandum struck home. Last year there were several high-profile premieres that managed to be practically shielded from the effects of pirate consumption, thanks to the memorandum."

While the memorandum is indeed powerful (search engines have agreed to remove pirated content within six hours of it being reported in the centralized database), other factors have also played a part in reducing pirate consumption. Reducing piracy rates is of limited use if potential consumers have few viable options to buy licensed products but according to Byrdin, local consumers now see official platforms as an attractive proposition.

"There is a certain cumulative effect. For a very long time services have explained that they really have everything conveniently, inexpensively, with a large assortment, and users are finally believing this," the anti-piracy chief explained.

"This is also due to the fact that in Russia the audience of smart TV users is growing year-on-year, and these consumers appreciate the convenience of such services. This really is simple and affordable home entertainment. Not much can be compared in terms of user experience."

Like many countries around the world trying to mitigate the coronavirus pandemic, Russia is also shutting down its entertainment venues, including cinemas. Byrdin will be hoping that consumers frustrated by the lack of options in search results will flock to licensed platforms for their entertainment fix. Whether this transpires will remain to be seen.

Nevertheless, those involved in the licensed distribution of entertainment content clearly see the memorandum as a great tool to achieve their aims. Writing it into law hasn't been easy and delays caused it to time out in October 2019.

After a short extension, the signatories agreed to keep the system running until the end of January 2021, by which time it's hoped that agreement will be reached on some of the more contentious points, including the permanent delisting of entire sites considered to be repeat offenders.

Drom: TF, for the latest news on copyright battles, torrent sites and more. We also have an annual VPN review.

 
 
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