Sunday, January 10, 2021

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Court: Texas Man Must Stop Selling Pirate Boxes on Facebook
Ernesto Van der Sar, 10 Jan 10:24 PM

facebook 404 thumbABS-CBN is the largest media and entertainment company in the Philippines but also has a strong presence in the US.

This reach isn't just limited to its online news and media, the company is active in the 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.

Selling Pirate Boxes on Facebook

The defendants are often 'John Doe' site operators but in December 2018, 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 boxes 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 which arrived at several damning conclusions.

According to the complaint, Brown didn't just sell pirate boxes to the ABS-CBN representative. In private messages, chatting as "Ann Ong," he also shared the name and address of his company, which matched the information tied to his PayPal address.

A Cut of The Business

On top of that, the defendant explained the ins-and-outs of his business, offering the investigator a piece of the action for 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 previously informed the court.

After ABS-CBN filed the lawsuit in the Southern District of Texas not much happened. Brown was served last January but never responded to the allegations. As a result, the media company requested a default judgment.

Default Judgment

The media company accused the Texas man of selling pirate boxes "that have been designed or modified to circumvent ABS-CBN's encryption technology," allowing customers to "unlawfully intercept and access ABS-CBN's copyrighted programming." To cover the alleged damages, the company demanded compensation.

While copyright infringement plays a role in the case, the requested damages are based on trademark infringement and a violation of the Communications Act, which Brown violated by importing and/or selling pirate devices.

Earlier this week, United States District Judge Jeffrey V. Brown ruled on the default judgment, ABS-CBN's demands in part.

$1.6 Million?

ABS-CBN initially listed four trademark violations, requesting $500,000 in damages each. On top of that, it asked for $100,000 for a violation of the Communications Act, bringing the total to $2.1 million.

However, during a hearing last week this demand was lowered to $1.6 million, effectively removing two trademark violations. While this appeared to be a kind gesture, it raises questions with the court.

"In support of this lower figure, the plaintiffs alleged that the defendant was infringing on their two trademarks in two distinct services: cable services and online streaming services. Yet in the plaintiffs' complaint, default-judgment motion, and evidence in support of that motion, there is no distinction made between these two services."

"In light of the uncertainty about the amount of damages the plaintiffs request, and the relationship these damages have to the defendant's sale of goods or services, the court invites the plaintiffs to file supplemental briefing to clarify this issue."

This means that the court can't grant any damages at this point. However, Judge Brown did issue a permanent injunction preventing the defendant from infringing ABC-ABS's rights. That obviously includes a ban on selling pirate streaming boxes.

A copy of the order and the permanent injunction is available here (pdf).

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

UFC Piracy: Here Are Dana White's Legal Options Following Streaming Threat
Andy Maxwell, 10 Jan 01:36 PM

UFC LogoIn common with the majority of all televised sports organizations around the world, the UFC has a problem with piracy of its events. That said, it's interesting to note how times change.

While the UFC has always relied to some extent on PPV revenues, the biggest problem in the 1990s was getting the sport noticed and respected, particularly when compared to its obvious combat sports rival boxing. However, with those hurdles largely out of the way now, scraping every dollar, euro, and pound from significant markets around the world is a priority, and that inevitably requires dealing with pirates.

Dana White Issues Direct Threat to Fan On Social Media

For those familiar with his style, it will come as no surprise that UFC President Dana White recently launched a foul-mouthed attack against a fan on social media. In response to White's post about the return to 'Fight Island' and the upcoming rematch between Conor McGregor and Dustin Poirier, the person declared they were looking forward to pirating the event. In return, White warned of an upcoming "surprise".

UFC threat

Since the statement was issued by White there has been much speculation as to exactly what he meant. Considering the person who made the original statement seemed to be a regular MMA fan, some believed that the UFC might be going after people viewing events illegally. Others believed that the UFC would only target sites and services offering UFC content without a license.

So what options do the UFC and Dana White have to combat piracy?

Unfortunately, that question doesn't have a straightforward answer because the route they take all depends on how much time and money they're willing to spend, whether they want value-for-money results, and/or don't mind becoming busy fools. The short answer is there are many, many options but only a few make sense from commercial and PR perspectives.

No Surprise: Targeting Commercial Streaming Services in the US

Taking a single comment from White and extrapolating it into an accurate prediction of what the UFC will do this year specifically is problematic. However, the most obvious candidate for enforcement is via the newly-passed Protecting Lawful Streaming Act which transforms illegal streaming into a felony.

The UFC and organizations such as the NBA have been begging for this type of legislation for years since it effectively closes the so-called "streaming loophole" and allows for streaming site operators and IPTV providers to be targeted criminally.

Importantly, however, this legislation only allows law enforcement to target the operators of such services and does not include a provision for targeting consumers of illicit streams. That said, if we dig through the history books, we can see at least one successful action that targeted an end-user via unconventional means.

It began in 2010 when Dana White threatened to go after end-users while acknowledging it would cost a lot of money. Then, in 2012, the UFC successfully took down cagewatcher.eu, a website that illegally streamed two UFC pay-per-view events.

The big deal here is that the UFC obtained details of the streaming site's userbase, including email addresses, IP addresses, user names, and information relating to individuals who watched pirated UFC events including UFC 169. That resulted in a default judgment that cost the target $11,948.70.

As far as we're aware, no more end-users were targeted by the UFC but the matter does illustrate that if they really wanted to, the MMA company could gain access to information that would allow it to pursue individual pirates. However, the costs would probably outweigh the benefits, particularly from a PR perspective.

Likelihood of targeting an IPTV/streaming provider: Ben Askren diving in for a takedown
Likelihood of targeting end-users en masse: Finding Jon Jones under a cage

Enforcement Against Streaming Anywhere in Europe

While the US had to introduce new legislation to deal with streaming and IPTV platform operators, the situation in Europe is very, very different. Not only is running such a platform illegal under existing civil and criminal law in the EU but the intentional consumption of pirated content – streamed or otherwise – is illegal too.

Targeting end users has its challenges but as action taken in the UK shows, it is technically possible to identify streaming pirates and threaten them with offenses under the Fraud Act. No one has yet been prosecuted for simply watching pirated content but the possibility remains. If the likes of the Premier League and Sky can get the police on board, it's certainly possible that the UFC and broadcaster BT Sport could too.

Given that the UFC is mainly concerned with the US market, it seems unlikely that it will take aggressive legal action around Europe. However, it can't be completely ruled out, so predictions are adjusted for that.

Likelihood of targeting a streaming provider: Conor McGregor regaining a title belt and defending it once
Likelihood of prosecuting end-users en masse: Jon Jones getting disqualified after a first eye poke

Action Against Torrent Sites Or Users Anywhere

The key difference between streaming and torrent sites is that content on torrent sites is distributed via their users. There aren't that many sites operated from the United States anymore so users become the main targets. Sharing (aka distributing) copyrighted content is illegal in almost every region the UFC cares about and it has taken action in the past.

Steven Messina, known online as Secludedly, was targeted in 2014, reportedly apologized, and paid a $32m settlement to the UFC for his seeding of UFC events on torrent sites. In 2020, Messina told TorrentFreak that the while the UFC bullied him, he paid them nothing.

Then in 2015, at least partially at the behest of the UFC, the UK's Police Intellectual Property Crime Unit arrested 'Sir Paul', the world's most prolific uploader of UFC and World Wrestling Entertainment (WWE) content. The then 55-year-old, who was detained at his home in Leicestershire, was said to have cost the two organizations millions in lost revenue but what happened to him remains a mystery.

Likelihood of a UFC copyright-trolling campaign: Possible, but as popular as a Reebok fighter deal

Other Enforcement or Piracy-Discouraging Options

There are plenty of options if the UFC wants to sue a site or platform in the US or Europe but action in Russia during 2019 shows that it's possible to get creative.

Following a meeting between local telecoms watchdog Roscomnadzor and UFC Russia vice president Andrei Gromkovsky, the UFC obtained an injunction that compelled local ISPs to block a pirate site. As far as we're aware, no further platforms have been similarly targeted since.

One other outrageous option would be for the UFC to reduce its prices but having increased them in the United States just in time for UFC 257, that seems an unlikely proposition in 2021.

With a PPV package now costing $89.98, US customers may soon begin feeling the pinch. Meanwhile, customers of legal streaming platform S Sport Plus in Turkey, for example, not only get UFC events but those from NBA, NFL, WWE and the Premier League too – all for less than $23 per year.

Likelihood of UFC fans in the US being happy to hear that: A pinch of salt in an Olympic size swimming pool

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

 
 
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