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Texas Man Faces $2.1 Million Damages Claim for Selling Pirate Boxes on FacebookErnesto Van der Sar, 16 Aug 11:16 PM ABS-CBN is the largest media and

Texas Man Faces $2.1 Million Damages Claim for Selling Pirate Boxes on Facebook Ernesto Van der Sar, 16 Aug 11:16 PM ABS-CBN is the largest media and entertainment company in the Philippines, but it's very active in US courts as well. In recent years the company has singled out dozens of streaming sites and services that offer access to 'Pinoy' content without permission, demanding substantial damages. The defendants are often 'John Doe' site operators. However, last year ABS-CBN identified a very specific target; a Texas man named Anthony Brown. According to a complaint filed at a US federal court, Brown sold pirate streaming through Facebook. Some pirate box sellers take extreme measures to conceal their identities. In this case, however, the defendant was easily identified through an undercover operation led by investigator Kevin Reyes. Undercover Operation Reyes, who works for the Philippine media company, tracked down a Facebook profile promoting pirate streaming boxes that appeared to give unauthorized access to ABS-CBN content. To see if this was indeed the case, he contacted the seller and placed an order. Instead of going through an official storefront, Reyes placed his order via Facebook Messenger where the defendant allegedly shared his real name. "Reyes began communicating that day with 'Ann Ong' on Facebook Messenger to purchase a Pirate Box. 'Ann Ong' – who, as discussed below, later identified himself to be [Defendant] 'Anthony Brown' – said that a Pirate Box was available for $150 with free shipping, and that it could be shipped to Reyes in Los Angeles, California." The name was not the only detail that came out. Brown, chatting as "Ann Ong," also shared the name and address of his company, which matched the information tied to his PayPal address. Investigator is Offered a Cut The defendant further mentioned that he works with a distributor from Kuwait and programs the boxes so they can be used to pirate content. And as a kicker, the undercover investigator was offered a piece of the action if he was interested in referring new clients. "'Ann Ong' stated 'I hope you can also refer more when you have the box and then I give you a cut in the market in California'," ABS-CBN writes. After ABS-CBN filed the lawsuit in the Southern District of Texas last December not much happened. Brown was served in January but never responded to the allegations in court. As a result, the media company now requests a default judgment. ABS-CBN Requests Default Judgment In a motion submitted this week, the defendant admitted running a widespread illegal operation. Several Facebook profiles were used to sell pirate boxes and the company used a dedicated website as well. The media company accused the Texas man of "illegally promoting and selling 'Smart' TV boxes that have been designed or modified to circumvent ABS-CBN's encryption technology" which allows customers to "unlawfully intercept and access ABS-CBN's copyrighted programming." While copyright infringement plays a role in the case, the requested damages are based on trademark infringement and a violation of the Communications Act, by importing and/or selling pirate devices. $2.1 Million in Damages The motion for a default judgment lists four trademark violations, for which ABS-CBN requests $500,000 in damages each. On top of that, it requests $100,000 for a violation of the Communications Act, bringing the total to $2.1 million. "[T]he amounts requested are reasonable under the facts presented," the motion reads, adding that this will help to achieve the intended goals of "compensation, punishment, and deterrence." In addition to monetary damages, the company also requests a permanent injunction to prevent Brown from selling pirate devices in the future. The court has yet to rule on the motion. Without a defense from Brown, however, it is likely that the media company will indeed come out as the winner in this case. For ABS-CBN a success will be welcome. The company currently finds itself in rough waters in its home country after the government declined to renew its franchise license. As a result, Philippines' biggest broadcaster was forced to go off the air. — A copy of ABS-CBN's motion for a default judgment against Anthony Brown is available here (pdf) From: TF, for the latest news on copyright battles, piracy and more. OMI IN A HELLCAT: FBI Collecting Terabytes of Piracy Evidence From Foreign Countries Andy Maxwell, 16 Aug 01:23 PM Last November, Bill Omar Carrasquillo, better known by his online handle 'OMI IN A HELLCAT', revealed that he'd been subjected to a massive raid by the FBI. Some of his followers, who had admired his pirate IPTV service Gears Reloaded and his extraordinary fleet of luxury cars, doubted the claims were real and were actually some kind of publicity stunt. As time passed and evidence built, however, the possibility that this was an elaborate hoax designed to generate social media clicks quickly began to fade. No Stunt, No Hoax, The Raid Happened In December 2019, Carrasquillo presented new evidence showing that $5.2m had been liberated from one of his bank accounts on the day of the raid. CCTV footage showed dozens of federal officers, some armed, arriving at one of his addresses, with another 30 targeting one of Carrasquillo's properties in Philadelphia. Subsequent photos showed a prized Lamborghini being taken away on a trailer. A list of cars including a Lamborghini Huracan, an Aventador, and an Urus, a couple of Bentleys, an Audi R8, plus a mind-boggling range of other performance vehicles and motorcycles began appearing in government documents. This was no absolutely no hoax but questions remained. Where was the case against Carrasquillo and why wasn't the investigation against him being made public? Moreover, why hasn't he been indicted nine months later? What we know from Carrasquillo himself is that his problems are linked to the Gears IPTV service and (perhaps related) unpaid taxes. This February he said he was hoping to settle his case with the IRS but at the time of writing, that doesn't appear to have happened, not least since the investigation against him is still ongoing. Investigation into Carrasquillo and Gears Still Ongoing Court documents obtained by TorrentFreak show the United States Government seeking an extension of time in respect of the massive haul of property seized from Carrasquillo last year. They reveal that not one but two federal search and seizure warrants were obtained last year to target Carrasquillo's properties on November 21 (as previously reported) and December 16, an event that appears to have gone under the radar. The document acknowledges the massive seizure of property (full list below) and then notes that actions last year were part of a much bigger operation. "The search and seizure is part of a larger, ongoing federal investigation," the filing reads. According to the US Government, around January 17, 2020, the FBI sent Carrasquillo notices advising him that they intended to forfeit the assets. On February 19, 2020, he wrote back through counsel demanding that the property was returned. In forfeiture cases, the US Government is required to obtain an indictment listing the property, file a civil complaint, or obtain an extension of time, in this case before May 19, 2020. However, the coronavirus pandemic threw a wrench in the works, something which allowed the Government more time to conduct its investigation. Court Filings Suggest Work Still To Be Done, Big Plans For Carrasquillo "The government is continuing to collect and review evidence regarding the seizure of the Seized Assets. That collection and review has been hampered by the COVID-19 pandemic in several ways. First, because no grand jury has sat in this district since early March 2020, the government has been unable to collect witness testimony," the US Government filing reads. "Second, certain evidence, including dozens of hard drives containing terabytes of information stored on servers belonging to the targets of the investigation, is being collected from foreign countries, including Canada, by way of Mutual Legal Assistance Treaties. "Even after receipt of the evidence, the government will require substantial time to review and analyze the voluminous responsive data. Third, witness interviews and analysis of evidence has been delayed because of the COVID-19 precautions," it adds. All things considered, a district court in Pennsylvania was happy to grant the Government the time it needs to move the case forward. "The time period within which the government must obtain an indictment or file a complaint in this matter with regard to the claim filed by Bill Omar Carrasquillo is extended to October 16, 2020," the Court's order reads. The US Government filing and subsequent order can be found here (pdf). The seized assets listed for forfeiture are as follows: 1. 2019 Jeep Wrangler, VIN# 1C4HJXEG6KW570874; 2. 2018 Dodge Commercial ProMaster 2500 159″ W.B. High Roof, VIN# 3C6TRVDG7JE148833; 3. 2020 Lamborghini Huracan, VIN # ZHWUF4ZF9LLA12725; 4. 2019 Suzuki Motorcycle, VIN # JS1SK44A0K7101007; 5. 2019 Chevrolet Camaro, VIN # 1G1FH1R79K0108119; 6. 2018 Dodge Durango, VIN # 1C4SDJGJ4JC416019; 7. 2019 Suzuki DRZ400 Motorcycle, VIN # JS1SK44A3K7100952 8. 2019 Yamaha 700R 4-Wheel Off Road Vehicle, VIN # 5Y4AM8631KA104297; 9. 2020 Jeep Gladiator, VIN# 1C6JJTBG2LL101726; 10. 2019 Dodge Challenger, VIN # 2C3CDZL9XKH591151; 11. 2018 Suzuki DRZ400 Motorcycle, VIN # JS1SK44A9J2102474; 12. 2017 Ford F350, VIN # 1FT8W3DT9HED56274; 13. $20,020.00 U.S. Currency seized on November 20, 2019, from 3412 North Hope St., Philadelphia, PA; 14. 2019 Can-Am Ryker, VIN # 3JB2FEG49KJ002752; 15. 2019 Audi A7, VIN# WAUS2AF24KN105368; 16. $1,190.00 U.S. Currency seized on November 20, 2019, from 1407 Lorimer Avenue, Huntingdon Valley, PA; 17. $20,850.00 U.S. Currency seized from a 2020 Bentley Continental VIN: SCBCG2ZG1LC074750 registered to and in possession of Bill Omar Carrasquillo; 18. $80,000 U.S. Currency seized from a 2018 Mercedes Benz AMG VIN: WDD7X8KB9KA001903 registered to Claudio Roman, Jr. and in possession of Bill Omar Carrasquillo; 19. 2018 KTM 1290 Super Duke Motorcycle, VIN# VBKV39400JM987624; 20. 2019 Ford Mustang, VIN# 1FA6P8TH2K5180423; 21. 2019 Acura NSX, VIN# 19UNC1B0XKY000173; 22. 2015 Lamborghini Huracan, VIN # ZHWUC1ZF4FLA02602; 23. 2019 Lamborghini Aventador, VIN # ZHWUV4ZD0KLA07980; 24. 2018 Jeep Grand Cherokee, VIN # 1C4RJFN91JC405394; 25. 2019 Mercedes Benz GLE Class Utility AMG Sports Coupe, VIN #4JGED6EB4KA139824; 26. 2020 Toyota Supra, VIN # WZ1DB4C05LW022111; 27. Bentley Continental GT / SuperSport Coupe, VIN # SCBCG2ZG1LC074750; 28. Jeep Grand Cherokee Trackhawk 4WD 6.2L V8 Supercharged, VIN # 1C4RJFN93JC224779; 29. 2016 Ford Mustang, VIN # 1FA6P8CF0G5319034; 30. 2016 Dodge Charger, VIN # 2C3CDXL9XGH312311; 31. 2017 Chevrolet Tahoe, VIN # 1GNSKDEC8HR228971; 32. 2019 Honda Civic, VIN # SHHFK8G70KU200613; 33. 1996 Chevrolet Caprice, VIN #1G1BL52P0TR122129; 34. 2020 BMW M8, VIN #WBSAE0C00LBM08405 35. 2019 Chevrolet Corvette, VIN #1G1YY2D77K5104515; 36. 2019 Dodge Ram, VIN #1C6SRFHT8KN533937; 37. Backdraft Roadster Coupe, VIN #AE9BMAAH3H1MT1025; 38. 2016 Dodge Challenger, VIN #2C3CDZC91GH113370; 39. Mercedes Benz GT63C4S, VIN #WDD7X8KB9KA001903; 40. Dodge Grand Caravan SE, VIN #2C4RDGBG5KR751876; 41. 2018 Polaris Outlaw, VIN #RF3YAK05XJT065024; 42. 2019 Polaris Ranger XP with Plow, VIN #4XARRW990K8546570; 43. 2019 Yamaha 50 Child's Motorcycle, VIN #LBPCA0230K0013324; 44. 2020 Yamaha PW50, VIN #JYA3PT136LA028317; 45. 2018 KTM 690 Duke, VIN #VBKLDV401JM714429; 46. 2019 Yamaha Raptor ATV, VIN #RF3AB1131KT004006; 47. 2019 Honda 110 Motorcycle, VIN #LALJE024XK3101900; 48. 2019 Polaris RZR ATV, VIN #RF3YAV171KT029290; 49. 2019 Honda TRX ATV, VIN #1HFTE2733K4801310; 50. 2019 Honda 110 Motorcycle, VIN #LALJE0245K3102145; 51. 2019 KTM 790 Duke, VIN #VBKTU6406KM739334; 52. 2019 KTM 390 Duke Motorcycle, VIN #MD2JPJ401KC216497; 53. 2019 KTM 390 Duke Motorcycle, VIN #MD2JPJ402KC206710; 54. 2018 Honda CTX700N Motorcycle, VIN #JH2RC6840JK300174; 55. 2019 Honda Rebel 500 Motorcycle, VIN #MLHPC5605K5201678; 56. 2018 Honda Rebel 500 Motorcycle, VIN #MLHPC5601J5100071; 57. 2019 KTM 790 Motorcycle, VIN #VBKTR3409KM765748; 58. 2019 Honda CRF450L Motorcycle, VIN #JH2PD1115KK002373; 59. 2019 Yamaha YZ125 Motorcycle, VIN #JYACE16C6KA039562; 60. 2019 Lamborghini URUS 2019, VIN #ZPBUA1ZL9KLA01398; 61. 2020 Audi R8, VIN #WUAEEAFX1L7900342; 62. Net Proceeds of $6,000.00 from sale of 2018 Yamaha Raptor 700 seized on December 17, 2019 From: TF, for the latest news on copyright battles, piracy and more. ©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