TorrentFreak's Latest News

RomUniverse Maintains Innocence and Demands Damages From NintendoErnesto, 03 Mar 10:40 PM Last September, gaming giant Nintendo filed a lawsuit agai

RomUniverse Maintains Innocence and Demands Damages From Nintendo Ernesto, 03 Mar 10:40 PM Last September, gaming giant Nintendo filed a lawsuit against the game download portal RomUniverse. The website, which also allows users to download movies and books, stands accused of enabling massive online copyright infringement, including that of many popular Nintendo titles. "The Website is among the most visited and notorious online hubs for pirated Nintendo video games. Through the Website, Defendants reproduce, distribute, monetize, and offer for download thousands of unauthorized copies of Nintendo's video games," the company wrote. RomUniverse profited from these copyright infringements by offering paid premium accounts that allow users to download as many games as they want, Nintendo further alleged. The site's operator, Los Angeles resident Matthew Storman, clearly disagreed with these allegations. Without an attorney, he decided to defend himself in court and responded to Nintendo's claims by filing a detailed motion to dismiss. This motion eventually failed after Nintendo picked it apart. The court instead ruled that Storman had to face the charges and file a reply to Nintendo's complaint. The reply was initially due in January, but the court later agreed to push this deadline back. That was done to allow the RomUniverse admin to attend a Federal Pro Se Clinic to get free advice on how to fight the gaming company on his own. After the brief delay, Storman filed his answer to the complaint at the California federal court. Still without an attorney, he maintains his innocence and denies all allegations of piracy and infringement. The site operator states that he is unaware of any infringing content that was uploaded to the website. And if there is any, these uploads may be legally protected by the first sale doctrine. Storman likens his site to other platforms that deal with user-uploaded content. He therefore argues that he can't be held liable for uploads carried out by others because he is entitled to safe harbor protection. "Defendant provides copyright owners access to all files that are arranged by uploaded title only. This is required under 17 U.S. C and an implied contract with Nintendo, where Nintendo has full access to all contents to locate any potentially infringing material..," Storman writes. That the site also collects membership fees is not a problem as long as Nintendo doesn't remove any content from the site, according to the admin. "Defendant is unaware of content. Furthermore, Nintendo can request removal of any material it has a good faith believe to be infringing. Defendant may receive potential membership fees as long as Nintendo does not remove all material," he writes. In an attempt to turn the tables, Storman argues that Nintendo profited from his site. RomUniverse.com and the associated NDSUniverse.com, serve as free advertising vehicles for the gaming company which generated profit from it, for which the site owner never received a penny. "Copies on the Website originally from Nintendo when seen by users is a positive advertising asset to Nintendo. It is part of an implied contract with Nintendo over the last 10 years. This advertising asset can be calculated and measured by Nintendo in cooperation with Defendant," Storman adds. The response to the complaint includes several of the arguments that were also made in the motion to dismiss. However, it also does a step further, by demanding damages from Nintendo. Instead of compensating Nintendo, Storman wants the gaming company to pay up instead. He demands $150,000 per copyrighted work for the false allegations of infringement, as well as $2,000,000 for each false counterfeiting claim. On top of that, Storman also wants Nintendo to "permanently approve all copying, distributing, selling, performing, displaying, playing, or otherwise using any copy of an [Nintendo] copyrighted work, or any derivative thereof." Storman's demands are the exact opposite of Nintendo's, which requested the same damages for the alleged infringements and wanted the site admin to permanently cease (instead of approve) the copying of any copyrighted works. While Storman's reply is certainly a bold move, we expect that Nintendo will have a different view on the matter. The company's legal team may also point out several procedural and technical issues, as it previously did. In any case, it will be a major challenge to defeat a company of this size in court, without any legal representation. For now, however, both RomUniverse.com and the associated NDSUniverse.com remain online. — Matthew Storman's answer to Nintendo's copyright infirngement complaint is available here (pdf). Drom: TF, for the latest news on copyright battles, torrent sites and more. We also have an annual VPN review. Two Piracy-Configured 'Kodi Box' Sellers Handed One-Year Suspended Sentences Andy, 03 Mar 10:58 AM Over the past several years the sale of TV devices pre-configured for piracy has become a big deal all around the world. Largely avoiding the inconvenience of scouring potentially dozens of websites looking for movies and TV shows, automated software tools embedded in these set-top boxes have provided a simple way to access the latest content from the comfort of an armchair. The software of choice is often the Kodi media player which in itself is entirely legal until modified for piracy purposes with third-party add-ons. Such devices can be bought online or commonly in the UK, via shops and market traders. This was the business of Londoners Thomas Tewelde and Mohamed Abdou, who sold modified 'Kodi Boxes' to the public via a stall at Bovingdon Market in Hemel Hempstead. Their activities attracted the attention of Hertfordshire Trading Standards officers who carried out a covert purchase operation in July 2017. They found that not only were the set-top devices illegal but also fell short of electrical safety standards. Earlier this month the men went on trial and after four-day hearing, were found guilty by a jury of offenses under the Serious Crime Act 2007 and Fraud Act 2006. Sentencing took place at St Albans Crown Court last Friday. "This is not a victimless crime, every legitimate subscriber is a victim," the judge commented during the hearing, as per the Federation Against Copyright Theft (FACT), which assisted with the investigation. "It may not be possible to calculate loss but it will be significant given the usual charge for services, number of devices, and period over which the enterprise appears to have operated. Another serious factor is that components were unsafe. It is clear that immediate prison sentences are justified for this type of offenses." 'Immediate prison sentences' in this case comes with conditions. While Tewelde and Abdou were handed one year each in prison, the judge suspended those sentences for two years, meaning that if the pair keep out of trouble, they will avoid a stretch behind bars. Nevertheless, both are still required to complete 120 hours of unpaid work and must also pay £1,000 in costs. Despite the potential for more serious punishment, the sentences were welcomed by the parties involved in the prosecution. Andrew Butler, Head of Regulatory Services at Hertfordshire County Council, described the sentences as a "great result" for Trading Standards while FACT Chief Executive Kieron Sharp issued the customary warning to others involved in or considering the same line of business. "This sentence shows that if you are involved in the sale of illicit devices you can receive a criminal conviction for fraud that will have a detrimental effect on your life," Sharp said. "We urge consumers to remain mindful of counterfeits and illicit goods being sold at markets as many illicit streaming devices have failed to meet UK safety standards, potentially risking the lives of loved ones if installed in the home." The sentencing comes close on the heels of several other pieces of news related to unlicensed streaming and related devices in the UK. Last week, John Dodds, who was previously sentenced to serve 4.5 years in prison for selling pirate IPTV devices to pubs and clubs, was ordered to pay £520,000 to the public purse. The court warned that failure to comply will mean an additional five years for the man who was convicted in a Premier League-led prosecution. Also last week, FACT revealed that a man who previously received a 16-month prison sentence relating to the supply of set-top boxes configured to receive Sky and BT Sport broadcasts without a subscription was ordered to hand over £10,000 under the Proceeds of Crime Act. In his case, non-payment will result in an additional six months in prison. Last Wednesday, FACT investigators and the North West Regional Organised Crime Unit (ROCU) reportedly visited an address in North West England to execute warrants related to a "significant provider of illegal streaming activity." At this stage, no further information is being made available by FACT or the police so who the target was or indeed the precise nature of the activity remains unclear. Drom: TF, for the latest news on copyright battles, torrent sites and more. We also have an annual VPN review. ©2020 TorrentFreak | Office 21338 PO Box 4336 Manchester, North West M61 0BW United Kingdom Web Version   Preferences   Forward   Unsubscribe     Powered by Mad Mimi®A GoDaddy® company