Wednesday, March 24, 2021

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Appeals Court Affirms Retired Police Officer's $47,777 Win Against Copyright Troll
Ernesto Van der Sar, 23 Mar 09:35 PM

do not crossStrike 3 Holdings, one of the most active copyright trolls in the United States, has filed cases against thousands of alleged BitTorrent pirates in recent years.

The company has earned millions of dollars in settlements and default judgments and continues to file new lawsuits pretty much every week. It's a lucrative business, but the strategy doesn't always pay off.

While it's relatively rare, some accused Internet subscribers choose to fight back. This is also what a 'John Doe' known by the IP-address 73.225.38.130 did when he was sued in a federal court in Seattle, Washington.

Retired Police Officer Fights Back

This John Doe turned out to be a retired police officer in his 70s. Instead of settling, he lawyered up and submitted a counterclaim accusing Strike 3 of abuse of process and "extortion through sham litigation."

Following this pushback, Strike 3 decided to dismiss its copyright infringement claim but the defendant wasn't willing to let the case go.

The retired police officer pushed on and requested summary judgment to set in stone that he's not a copyright infringer. And just as importantly, the man wanted to be compensated for his legal bills too.

The compensation is crucial as the lawyers already spent tens of thousands of dollars working on the case. This is more than settling the case with Strike 3 would have cost the retired officer.

Strike 3 Must Pay Retired Cop's Legal Fees

After both parties had their say in court, U.S. District Judge Thomas Zilly ruled on the matter, deciding in favor of the falsely accused 'pirate.' According to the evidence presented before the court, Strike 3 couldn't prove that the man copied any of the company's movies.

On top of that, Judge Zilly ordered Strike 3 to pay the requested $40,501.63 in attorney's fees and $7,275.63 in additional costs, totaling $47,777.26. A clear win.

Appeals Court

Strike 3 clearly disagreed, however, and filed an appeal. At a hearing before the Ninth Circuit Court of Appeals earlier this month, attorney Lincoln Bandlow argued that the defendant lacked standing to pursue his counterclaims because Strike 3 had already dismissed its copyright infringement claim without prejudice.

In addition, Bandlow argued that the attorneys' fees award wasn't properly justified by Judge Zilly, as he only considered the compensation and deterrence "Fogerty" factors, nothing else.

'Biased Judge'

During the hearing, Strike 3's attorney said that District Court Judge Zilly was biased. For example, Zilly repeatedly mentioned an earlier ruling from Judge Lamberth that was very critical.

"He clearly had a bias against us," Bandlow told the Court of Appeals. "He didn't mention the Lamberth ruling from the District Court of DC for no reason. He mentioned it over and over and over. He called us a troll about a thousand times."

The retired police officer's attorney clearly disagreed and argued that the District Court ruled correctly.

Court of Appeals Affirms $47,777 Win

After weighing the arguments from both sides, the Court of Appeals affirmed the lower court's ruling. The police officer had the right to pursue a counterclaim, in part because Strike 3 Holdings dismissed its claim "with prejudice." This essentially means that it can refile the case later on.

This 'threat' of a future lawsuit was realistic, as Strike 3 was convinced that the son of the retired police officer downloaded the videos. This would expose the father to a contributory infringement claim.

"Doe's fear of future prosecution, based on the very real prosecution to that point and the thinly veiled threats of future contributory-infringement claims, was concrete and imminent," the Ninth Circuit Court concluded.

The Court of Appeals also affirmed the attorneys' fees and costs award. While it agrees that the lower court didn't consider all possible factors that can come into play, it didn't have to, so no concrete errors were made.

"We admit that the district court's analysis of the Fogerty factors could have been more robust as it merely considered the factors it deemed relevant and applied them to this case. But the factors are, by definition, non-exclusive […] and the district court was not required to discuss each one in depth."

This means that the legal victory of the retired police officer stands. The same is true for the $47,777 that Strike 3 now has to pay.

Ironically, during this appeal, more legal costs were incurred. To recoup these extra costs the retired cop's legal team could file a separate motion to have these paid by Strike 3 as well.

A copy of the memorandum issued by The Ninth Circuit Court of Appeals is available here (pdf). A copy of the hearing, held earlier this month, can be found below

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

DanishBits: Authorities Extradite 'Pirate Mastermind' From Morocco
Andy Maxwell, 23 Mar 08:30 AM

danishbitsAfter establishing itself as one of the leading private torrent trackers on the web with millions of visits per month, it was only a matter of time before DanishBits attracted the attentions of the authorities.

Indeed, Danish anti-piracy group Rights Alliance quietly reported the site to local police as far back as 2016 but although the wheels of enforcement can move slowly, during the last quarter of 2020 significant progress towards dismantling the operation was made public.

DanishBits Owner Arrested

During October 2020, DanishBits – which was extremely popular in its home territory – suddenly became unreachable. A source close to the site informed TorrentFreak that one of the site's owners had been arrested earlier in the month, with the downtime attributed to that person's predicament.

By December 2020, the situation surrounding DanishBits was becoming more clear. Denmark's State Prosecutor for Serious Economic Crime (SØIK) revealed that a 33-year-old Danish man had been arrested in Morocco, following an investigation prompted by a formal complaint from local piracy group Rights Alliance.

The still-unnamed individual, who was labeled as the alleged DanishBits ringleader, was temporarily jailed in Morocco, pending an extradition process aimed at returning him to Denmark to face trial.

Extradition to Denmark Actioned Quickly

Extradition cases involving alleged copyright infringers are relatively rare.

Kim Dotcom, for example, is still fighting extradition in New Zealand nine years after his original arrest. George Bridi, allegedly a former key player in the SPARKS release group, is believed to be still in Cyprus awaiting extradition to the United States after being arrested last August. For the alleged operator of DanishBits, however, things have moved much more quickly.

According to a new announcement from Special prosecutor Dorte Frandsen at SØIK, the 33-year-old 'ringleader' of DanishBits is now back on Danish soil after a successful extradition process. During a hearing at the Copenhagen City Court last Thursday, he was remanded in custody for 25 days.

SØIK: Hiding Abroad Offers Little Protection

"We consider the 33-year-old as the mastermind of an extensive file-sharing network," Frandsen says.

"The case is still being investigated, and one should not think that one can hide abroad and thus avoid being brought to justice. International co-operation works, and there is a risk of being imprisoned for a long time abroad."

In response to the development, Rights Alliance Director Maria Fredenslund welcomes the efficiency of the SØIK Intellectual Property Rights Taskforce in returning the defendant to Denmark to face trial.

"It is enormously satisfying for the rights holders to experience how SØIK strikes against Danish suspects both inside and outside Europe. It sends a clear signal that the criminals cannot hide – not even outside Denmark's borders," Fredenslund says.

"It is really an excellent effort from both SØIK, the National Cyber ​​Crime Center (NC3) of the National Police, and from the police authorities of the other countries involved."

NordicBits: No Extradition Due to Sombre Circumstances

Back in 2018, Rights Alliance also reported another private tracker to the authorities. Albeit with a lower member count of around 5,000, NordicBits was still considered a player in the region and a 69-year-old man was ultimately identified by the authorities as its operator. Following action by SØIK, he was questioned and charged by police in Spain last September.

"He admitted to being behind the scenes and then helped to close the file-sharing service," SØIK adds, confirming earlier reports.

"This put an immediate stop to the illegal sharing. The accused person was seriously ill at the time of the charge and subsequently passed away before the case came to court."

Both Sites Were Operated Professionally

SØIK says that according to its investigation, carried out in conjunction with the National Police's National Cyber ​​Crime Center (NC3) and police authorities in other countries, both DanishBits and NordicBits were professionally operated.

"[B]oth the administrators and the users made great efforts and were very aware of to hide their true identity – for example, by paying with cryptocurrency," SØIK notes.

Rights Alliance and SØIK: Acting Quickly to Stop Pirates

But while DanishBits and NordicBits have already been consigned to history, the war against file-sharing sites in Denmark is ongoing.

Two other sites – Asgaard and ShareUniversity – previously opened their doors to new members following the closure of the shuttered sites. However, their enthusiasm to take up the slack was cut off in its prime following threats from Rights Alliance, leading to both shutting down prematurely and further arrests.

Rights Alliance has been making its position clear for some time – new entrants to the file-sharing market will not be tolerated. SØIK says that there is more work to be done.

"The investigation of file-sharing cases continues by SØIK's special IPR unit (Intellectual Property Rights), which is a national unit that investigates and prosecutes violations of the Trademark Act, the Copyright Act, the Design Act, the Patents Act and the Radio and Television Act," the agency concludes.

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

 
 
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