Monday, January 4, 2021

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Nintendo Wants $15 Million in Damages from Pirate ROM Site
Ernesto Van der Sar, 04 Jan 08:21 PM

wario nintendoIn September 2019, gaming giant Nintendo filed a lawsuit against the game download portal RomUniverse.

The website facilitated massive online copyright infringement of many popular Nintendo titles, according to the complaint filed at a California district court

Nintendo said that RomUniverse made things worse by profiting from these copyright infringements by selling paid premium accounts that allowed users to download as many games as they want.

RomUniverse's Defense

The site's operator, Los Angeles resident Matthew Storman, clearly disagreed with these allegations. Without an attorney, he decided to defend himself in court. In his view, the site wasn't breaking any laws and he asked the court to dismiss the case.

Nintendo picked this defense apart and found the court on its side. This meant that Storman had to face the charges, as well as millions of dollars in potential damages.

Since then the case has progressed with a few bumps in the road. Last summer, Nintendo requested further evidence as part of the discovery process, including tax records, communications, and download statistics. Storman replied that he couldn't provide this due to a medical issue and asked for time to recover.

Lost Evidence

After some back and forths in court, both parties eventually met at the end of September. Storman produced some tax documents but said that he was still working on the download numbers and Discord communications. A week later, however, he informed Nintendo that he no longer had access to this information.

Around the same time, the website and the Discord channel went offline, and both remain unavailable today.

RomUniverse, when it was still around
romuniverse

Nintendo believes that Storman willingly destroyed evidence and has little faith in his cooperation going forward. The company, therefore, asks the California federal court to grant summary judgment, holding the operator liable for direct and secondary copyright infringement.

Summary Judgment

"This is a straightforward video game piracy case, and the material facts are undisputed," Nintendo informs the court.

"For over a decade, defendant Matthew Storman owned and operated the website RomUniverse.com. He populated the website with pirated copies of thousands of different Nintendo games and distributed hundreds of thousands of copies of those pirated games."

Nintendo also highlights the evidence that disappeared a few days after the court ordered the operator to hand it over.

"After refusing and then being ordered to produce key evidence, Mr. Storman instead destroyed it. That evidence included communications with his website administrators and data showing how many times each of the pirated video games had been downloaded."

According to the gaming giant, it is crystal clear that for many years Storman both uploaded and distributed Nintendo's games, resulting in many copyright and trademark infringements. Instead of taking the case to trial, it wants the court to issue a summary judgment.

$15+ Million

In order to compensate for the massive damages Nintendo claims, the company requests $4.41 million in copyright damages and $11.2 million for trademark infringement, bringing the total to $15.61 million.

In addition to the damages, Nintendo also seeks an injunction to prevent further copyright infringement. Among other things, that would require Storman to destroy all pirated game copies and hand over his domain names.

Storman has yet to respond to Nintendo's request and will have the chance to oppose it before the court makes a decision. That said, a legal battle between one man and a giant multi-billion dollar company generally doesn't end well for the former.

Nintendo's memorandum in support of the motion for summary judgment is available here (pdf)

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

Pirated Screeners of Promising Young Woman, Nomadland & Minari Leak Online
Andy Maxwell, 04 Jan 11:30 AM

Promising Young WomanAll year round pirate sites are key sources for the latest movies but around Christmas time and the turn of the New Year, visitors are often treated to unexpected gems.

These often appear in the form of screener copies of recent movies, often in advance of their official release.

They are sent out to critics and others involved in the awards voting process and are only meant to be viewed only by this select audience. Every year, however, pirates manage to get hold of at least some.

Pirate Release Group EVO Delivers Yet Again

A few months ago we reported how pirate release group EVO obtained early copies of the films 'Falling' and 'My Salinger Year,' both of which were sourced from online screeners, and placed them online.

Over the past few days EVO has done it again, releasing copies of three high-profile movies, in two cases well ahead of their full theatrical release. All are well-known titles that are currently listed by Variety as potential Oscar contenders for Best Picture.

Nomadland: Searchlight Pictures

Based on the 2017 book Nomadland: Surviving America in the Twenty-First Century, 'Nomadland' from Searchlight Pictures was aired at the Venice Film Festival in September 2020 but is set for a February 19, 2021 release in the United States. However, the EVO release that appeared on torrent sites in recent days beats that by around seven weeks.

The NFO (information) file with the release provides no details on the source but credits a number of entities by their pseudonyms (BOSS_HITMAN + DdHD + KING_DVD + Ach + Mr. Spy + Warm + MUSE) for their participation in getting the movie online.

At 1080p, the quality will be good enough for most people and as far as we can ascertain, there are no visible watermarks. However, EVO itself does admit that the video source was "a little bit jittery" but nevertheless it's the best copy available online at the time of writing.

Promising Young Woman: Focus Features

American thriller film 'Promising Young Woman' had its world premiere at the Sundance Film Festival on January 25, 2020. Its theatrical release followed 11 months later on Christmas Day in the United States so it's the only movie of the three released by EVO that managed to get out to the public in a full official release before it was leaked online.

At 720p, the headline quality is significantly lower than the 'Nomadland' release. According to sources, however, there are no major issues other than a pretty intrusive watermark at the bottom of the screen that plays throughout the movie declaring that it's the property of Focus Features.

Promising Young Woman Watermark

Whether there are any other watermarks in the release isn't revealed in the release notes. It's certainly possible that security tracking features were present in the original source but release groups tend to remove these whenever possible since that contribute to the overall safety of the group and ensure sources aren't compromised.

Minari: A24

In common with 'Promising Young Woman', A24's 'Minari' also premiered at the Sundance Festival in January 2020. Documenting the life of a Korean-American family searching for their 'American Dream' on an Arkansas farm, the movie is set for a US theatrical release on February 12, 2021.

The 720p EVO release trumps that full launch by around six weeks, although the film did have a limited release in early December for Oscar qualification purposes. As far as we are aware, the release has no overtly visible watermarks but has hardcoded subtitles which are necessary for non-Korean speakers at various points in the movie.

Sources and Popularity Among Downloaders

Traditionally, screener copies of movies have been mostly leaked online after pirates have somehow managed to intercept or obtain physical discs intended for critics and awards voters, for example. However, this system has become outdated so these days it's more likely for screeners to be made available more privately via online streaming services, so the 'DVDSCR' (DVD screener) tag is becoming increasingly less common.

The switch to digital delivery is more convenient for movie companies and critics/voters but also adds a significant level of additional security to prevent screeners from leaking out online. However, all three of the above-mentioned movies appear to have been obtained from web sources, something that is made clear by the inclusion of the term 'WEBSCR' (web screener) in their release titles and notes.

Precisely where or when these copies were obtained remains a mystery, at least for now. TorrentFreak has contacted EVO for comment and should the group respond, we will update this article accordingly.

Finally, given the movies' chances of becoming Oscar-nominated, it's perhaps interesting to note their popularity among downloaders. Currently, 'Promising Young Woman' appears to be at the top of the list just ahead of 'Nomadland'. While trailing behind in third place, 'Minari' is not that far behind.

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

Top 10 Most Torrented Movies of The Week – 01/04/2021
Ernesto Van der Sar, 03 Jan 11:30 PM

wonder woman 1984The data for our weekly download chart is estimated by TorrentFreak, and is for informational and educational reference only.

These torrent download statistics are meant to provide further insight into the piracy trends. All data are gathered from public resources.

This week we have three new entries in the list. The Warner Bros. movie "Wonder Woman 1984" did very well on torrent sites soon after it premiered in theaters and on HBO Max, and is the most downloaded title this week.

The most torrented movies for the week ending on January 4 are:

Movie Rank Rank last week Movie name IMDb Rating / Trailer
Most downloaded movies via torrent sites
1 (1) Wonder Woman 1984 5.8 / trailer
2 (3) Soul 8.2 / trailer
3 (2) Tenet 7.7 / trailer
4 (…) Shadow in the Cloud 4.6 / trailer
5 (4) The Croods: A New Age 7.1 / trailer
6 (5) Honest Thief 6.0 / trailer
7 (7) Greenland 6.4 / trailer
8 (…) Promising Young Woman 7.4 / trailer
9 (…) Nomadland 7.8 / trailer
10 (6) Skylines 4.5 / trailer

Note: We also publish an updating archive of all the list of weekly most torrented movies lists.

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

 
 
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