Friday, July 24, 2020

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'Hellboy' Now Wants $150,000 in Piracy Damages from MKVCage
Ernesto Van der Sar, 24 Jul 08:38 PM

hellboyUntil last summer, uploads from MKVCage frequently appeared on popular torrent sites. In addition, the 'group' also operated its own website.

This changed when the makers of the film 'Hellboy' took the alleged mastermind behind MKVCage to court last year.

In a lawsuit filed at a Hawaii federal court, HB Productions identified a Pakistani man named Muhammad Faizan as the operator. Soon after, the website went offline and the uploads stopped.

Hellboy Wanted $270,000 in Piracy Damages

Hellboy's makers weren't completely satisfied, however. When Faizan failed to show up in court, the movie company asked the court clerk to issue a default judgment, totaling more than $270,000 in infringement damages.

This didn't go well. Hellboy's attorney argued that the damages amount represented the price of a Blu-ray copy of the film, multiplied by the 16,942 US people who shared MKVCage's Hellboy torrents. However, the court wasn't convinced.

For a clerk to issue a default judgment the damages "sum" has to be "certain." That can apply to cases where a tenant fails to pay rent, for example. But the court said that this "certainty" doesn't apply to piracy damages. Instead, Hellboy's makers were ordered to file a regular default judgment.

That's exactly what the movie company did this week. The motion for a default judgment details MKVCage's infringing activities and argues that the operator wilfully targeted the US. This is required for the court to have jurisdiction over the defendant.

Hellboy Must Settle for Less

Instead of the $270,000 in 'actual' piracy damages, Hellboy's attorney now requests $150,000 in statutory damages. That is the maximum it can legally ask for under US law, without proving actual damages.

According to the movie makers, Faizan willingly committed and facilitated copyright infringement. He did not just run the site but uploaded and seeded copies of the movie Hellboy too, they say.

"Not only did Defendant himself place the torrent files on his MKVCAGE websites and the ibit.uno website after ripping copies from legitimate sources, he also seeded copies of the Work," Hellboy writes.

MKVCage Initially Tried to Evade Trouble

After finding out that the movie company was chasing him down, Faizan allegedly tried to evade trouble by switching domains, using the privacy protection service Njalla as an intermediary.

"When he received notice of infringement from Cloudflare and Namecheap, he moved his website to mkvcage.com and continued to distribute torrent files for copying the Work.

"When he received notification from Plaintiff's counsel, he created a new website using the privacy services of 1337 Services, LLC to conceal his identity," Hellboy's attorney adds.

In addition to the $150,000 in piracy damages, Hellboy also requests an injunction preventing Faizan from infringing its movie in the future, as well as over $12,000 in attorneys' fees.

While MKVCage is not putting up a defense, the Court has yet to agree that a default judgment is warranted and whether the requested damages and attorneys' fees are appropriate.

A copy of Hellboy's request for a default judgment of $150,000 in statutory piracy damages is available here (pdf).

From: TF, for the latest news on copyright battles, piracy and more.

Russian Government Mulls Fines to Prevent Camming in Cinemas
Andy Maxwell, 24 Jul 10:51 AM

cammerDespite an increased desire to download and stream only the best quality copies of pirate movies, a significant number of pirates are still prepared to obtain so-called 'cammed' movies.

These copies are mostly obtained in cinemas by pointing a recording device, usually a camcorder or mobile phone, directly at the screen. The end result is often less than optimal but despite the regularly abysmal copies, people flock to download them, since this is often the only way to watch movies at home while they're still in their theatrical windows.

The United States has cracked down on camming with strict legislation that can, in appropriate circumstances, lead to perpetrators being put behind bars. Other countries are still playing catch-up though, including Russia where current law isn't much of a deterrent. However, the authorities there have been showing signs of a shift and this week revealed that tougher anti-camming legislation is on the horizon.

Filming a 'Fragment' of a Movie Would be Illegal

A draft proposal from the Ministry of Culture presented to the government earlier this month aims to outlaw not only obvious camming in cinemas but also any kind of filming during a presentation. Minister of Culture Olga Lyubimova described the problem of camming as "serious" and one that requires a tough response, particularly to protect local producers.

"This is not just a ban on any kind of recording, we are used to these warnings before each film," Lyubimova said, as cited by TASS.

"If at the time [when a movie is showing the viewer] is filming a fragment or filming himself in some kind of video, then this is also filming inside the cinema. I think that the appeal to the audience will bring change, we will talk about it with cinemas."

Lyubimova warned that people playing with their phones during a presentation could face fines under the proposals but added in a Facebook post that previous discussion on the topic hadn't been easy.

Long Road to Draft Bill

"Almost two years ago, our committee held a round table in the State Duma dedicated to improving legislative mechanisms for combating piracy," she explained.

"Following the meeting, recommendations were made. One of which sounded like this: 'The Ministry of Internal Affairs of the Russian Federation, together with the Ministry of Culture of the Russian Federation, will prepare proposals for establishing responsibility for video recording of films on household devices (cameras, telephones) when they are shown in cinemas'."

It appears that the Ministry of Internal Affairs initially had reservations about the proposal on the basis that recording a film only amounted to "preparing for a crime" and it seemed "excessive" to introduce criminal liability for the act in isolation. This is because subsequent use of the footage is already a crime under the Criminal Code and so can be dealt with that way.

Selfies Would Be Banned, Treated as Harshly as Camming

Under the current regime, punishment for recording in cinemas is moderated according to intent, meaning that someone who isn't acting for financial gain can escape prosecution. The current proposals, which are now with the lawmakers, would certainly change that, even scooping up people taking videos of themselves during a performance.

That being said, Lyubimova says that it's unlikely that the passage of the bill will be easy, adding that the precise financial penalties for those caught filming are yet to be decided. A ball-park figure of between 50,000 to 100,000 rubles is being discussed but even at the higher end of the scale, that's just shy of US$700, a drop in the ocean compared to the punishments available in the United States.

Russia's 'Camming' Problem According to the USTR

According to the United States Trade representative, 26 illegally camcorded movies were traced back to Russian cinemas in 2015. In 2016, this increased to 63 cammed copies and in 2017 the figure rose again to 78 movies, a 300% increase over the number reported in 2015.

By 2018, however, 'camming' was on the way down, with the USTR's Special 301 Report noting that 'just' 48 titles were recorded and subsequently appeared online. For movie studios that's still 48 too many.

From: TF, for the latest news on copyright battles, piracy and more.

 
 
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