Friday, May 28, 2021

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Triller Files Three New Lawsuits Against Jake Paul Boxing Match Pirates
Andy Maxwell, 28 May 05:31 PM

TrillerAfter the Jake Paul vs. Ben Askren fight was streamed illegally online, Triller filed a $100m complaint against several domains and individuals, describing them as "business entities" that breached its copyrights.

This was supported by an amnesty program, advising people who watched the fight illegally to pay $49.99 to avoid being sucked into Triller's litigation drive.

The early steps didn't go smoothly. Judge Percy Anderson wasn't happy that Triller had bundled several entities (FilmDaily.com, AccessTVPro.co, Online2LiveStream.us, CrackStreamsLive.com, Sports-Today.club, My-Sports.club, BilaSport.com, Trendy Clips, Mike, Your Extra, Eclipt Gaming, ItsLilBrandon, and H3 Podcast) into one lawsuit.

The Judge said that joining them all in the same action as cooperating parties raised the possibility that the illegal conduct of one defendant could be wrongly attributed to another independent defendant.

As a result, the Court ordered all defendants other than FilmDaily.com to be dismissed. Triller responded by filing a separate lawsuit against the H3 Podcast has now followed up with separate lawsuits against three of the original defendants. This time around, Triller is being rather more specific.

First Triller Lawsuit Targets Online2LiveStream.us

In a lawsuit filed in a California court Thursday, Triller names Robiul Awal, Robiul Islam, Online2LiveStream.us and Does 1 to 10 as defendants. The complaint begins by following the format of the original lawsuit and names Awal and Islam as the alleged owners and/or operators of Online2LiveStream.us.

The lawsuit alleges that all defendants operated as part of a conspiracy, with Awal and Islam operating their site as a device to avoid liability.

"Defendant Online2LiveStream are, and at all times herein mentioned were, controlled, dominated, and operated by Defendants Awal and Islam as their alter ego, in that the activities and business of Defendant Online2LiveStream were carried out without annual meetings, and without keeping records or minutes of any proceedings, or maintaining written resolutions," the complaint reads.

Online2LiveStream

In common with the original lawsuit, Triller is suing Online2LiveStream for copyright infringement, vicarious copyright infringement, violations of the Federal Communications Act, conversion, and violation of the Computer Fraud and Abuse Act. Interestingly, this suit also adds a claim of false advertising after Online2LiveStream recently changed its business model.

Visitors to the site who want to watch boxing are now presented with a splash screen suggesting they can watch the Paul vs. Askren fight but like many sites that attempt to cash in while cashing out, this now leads to nowhere good. Indeed, the site now links to a scam site that is happy to take people's credit card details but doesn't offer what it claims to provide.

"Defendants misleading the public as to the lawful way to obtain Plaintiff's service has injured Plaintiff," Triller writes.

Second Triller Lawsuit Targets YouTuber ItsLilBrandon

In a second lawsuit filed in the same US court, Triller targets Brandon T. Williams, the person who allegedly operates online using the ItsLilBrandon "business entity", plus Does 1 to 10.

In what appears to be an effort to cover all bases, Triller alleges that the defendants are not only the operators of the ItsLilBrandon YouTube channel but also the owners and operators of various torrent and streaming websites. Triller doesn't name any of them but says that the defendants solicited payments in exchange for uploading the Jake Paul event to YouTube.

"[D]efendants, and each of them, solicited payments in exchange for their unlawful uploading, distribution, and public display of the Broadcast to users of the YouTube Channel by, among other things, asking users to 'please help me out' and providing information for an account with Cash App, a mobile payment processing service," the complaint notes.

In common with the suit against Online2LiveStream, Triller describes the ItsLilBrandon 'branding' as a shell to avoid liability. The company claims that this "business entity" was operated without annual meetings, without keeping records or minutes of any proceedings, or maintaining written resolutions.

Triller is suing the ItsLilBrandon defendants for copyright infringement, vicarious copyright infringement, violations of the Federal Communications Act, conversion, and violation of the Computer Fraud and Abuse Act.

Third Triller Lawsuit Targets My-Sports.club Defendants

The final lawsuit in this batch targets several business entities and individuals with a focus on Canada – 8100462 Canada Inc. (doing business as MediaHub aka Performance Marketers), 8099316 Canada Inc., Diglo Inc., an individual named as Nicolas Klivokiotis, plus Does 1 to 10.

According to Triller, the defendants are the owners and operators of various torrent and streaming websites including Sports-Today.club and My-Sports.club.

"[O]n or about April 17, 2021, Defendants created and published on the Websites a post titled 'ACCESS BOXING WITHOUT CABLE! YOUR SCREEN. YOUR TERMS'," Triller writes.

"The aforementioned post also contained a clickable link to permit users of the Websites to unlawfully view the Broadcast. Defendants did not have authorization to upload, distribute, or publicly display the Broadcast to the users of the Websites."

Triller says this was a for-profit operation, with visitors directed to external and/or shareable payment links (including PayPal) to fund the defendants' breaches of the company's rights.

my-sports-club-triller

"[D]efendant Klivokiotis is an individual who serves as the Director, President, Secretary, and Treasurer of Defendant MediaHub and the Director of Defendant 8099316, and served as the Director of Defendant Diglo," Triller claims.

"Upon information and belief, Defendant Klivokiotis owns, operates, or otherwise controls the Websites for the purpose of permitting, encouraging, facilitating, and inducing the sharing of videos and live programing of audiovisual materials between users of the Websites."

Similar allegations to those made against Online2LiveStream and ItsLilBrandon suggest that the companies named in the suit acted as "shells" to shield Klivokiotis from liability. Most other claims are broadly the same as those made in the other two lawsuits, demanding relief for copyright infringement, vicarious copyright infringement, violations of the Federal Communications Act, conversion, and violation of the Computer Fraud and Abuse Act.

Claims For Relief (All Lawsuits)

Triller is demanding an injunction to prevent ongoing infringement, plus an order awarding it all of the profits made by the defendants and damages to cover its losses.

The company also demands statutory damages of up to $110,000 for each violation of 47 U.S.C. § 605(a) and up to $60,000 for each violation of 47 U.S.C. § 553, plus attorney's fees, interest and costs. Additional damages, including for two types of copyright infringement (which could be even more substantial) should be determined at trial.

Finally, and on a less serious note, poor old Ben Askren simply can't catch a break. In addition to being knocked out by Jake Paul, before the fight he was inexplicably announced as 'Ben Askew' by veteran ring announcer Michael Buffer, much to his disbelief and the amusement of Jake Paul.

In Triller's lawsuits, 'Funky Ben' is also referred to by the surnames ARKSEN and ARSKEN.

Triller's three new lawsuits can be found here, here and here (pdf)

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

ISPs Must Unblock Stream-Ripping Sites After Yout.com Intervenes in Brazil
Ernesto Van der Sar, 28 May 09:51 AM

yout logoWebsite blocking is without a doubt one of the favorite anti-piracy tools of the entertainment industries.

Alleged 'pirate' sites have been blocked by ISPs in every continent except Antarctica and more countries are added to the list every year.

A relatively recent trend is to block so-called stream-ripping sites. These sites don't necessarily store or link to any infringing material. Instead, they allow users to download audio and video from YouTube and other public streaming services.

The legality of these sites open to debate but several courts have already approved various blocking requests. Last fall, this also happened in Brazil, where ISPs were ordered to block over a dozen sites including Yout.com, Flvto.biz, Y2mate.com, and H2converter.net.

Yout.com Lawyers Up

Most sites simply took their losses and moved on, but Yout.com operator Johnathan Nader took is not one of them. Nader previously appealed a site-blocking order in Denmark and in the US he sued the RIAA to clarify that his website is legal.

After discovering the Brazilian blockade Yout.com's operator hired the law firm Demarest to help him find what's going on. Initially, it wasn't clear who was behind the blocking efforts. The lawyers reached out to the ISPs in question to find out more, without result.

Months went by without any progress and eventually it was the RIAA that helped to connect the dots. The music group referred to the Brazilian blocking order in the US lawsuit, which helped track down the case that was initially kept out of the public eye.

'Secret' Criminal Investigation

The information collected by the lawyers revealed that the Brazilian music group APDIF submitted a request for a criminal investigation last year. This was followed up by the Public Prosecutor's Office which requested a 180-day block of Yout.com and the other sites while the matter was being investigated.

When Yout.com's lawyers found out they prepared to file a defense arguing that the company's activities are not breaking any laws. Around the same time the 180-day window ended, so a request to lift the blockade was made as well.

The Public Prosecutors Office's replied to Yout's arguments and argued that it was clear that the site is facilitating copyright infringement by circumventing DRM protections. The authorities informed the court that they were still investigating the matter, and requested a 180-day extension of the blocking efforts.

Court Lifts Blockades

This week week, the São Paulo Criminal Court ruled on the matter, deciding that the ISP blockades should end. Another extension is not warranted, the Court argued, as the Public Prosecutor's Office didn't file any criminal charges against Yout or the other sites.

The Public Prosecutor's Office was ordered to notify the ISPs about this decision within 48 hours, which will effectively end the blocking efforts. Soon after, the Public Prosecutor's Office informed the court that it complied with the order.

For now, this means that all popular stream-rippers will be openly accessible again in Brazil. This isn't just good news for Yout.com but also for its competitors, which are unblocked as well.

One Major Caveat

This is good news for the site operators, but there is a major caveat. The Public Prosecutor's Office may very well continue its investigation, so there is a possibility that criminal charges will be announced in the future.

Yout's law firm Demarest confirms that the criminal threat isn't over yet. However, the firm is confident that its client is acting within the boundaries of the law.

"We are confident that Yout's activities cannot be included in the same category of conduct attributed to other website owners, as its tool is lawful and its usage falls within the very exceptions provided by copyright law," Yout's legal team inform us.

A copy of the São Paulo Criminal Court's order is available here (pdf)

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

 
 
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