Friday, June 4, 2021

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New Triller Lawsuit Targets Young YouTuber For Jake Paul Fight Piracy
Andy Maxwell, 04 Jun 09:21 PM

TrillerAfter the Jake Paul vs. Ben Askren fight took place in April, Triller fired off a $100m lawsuit targeting entities and individuals who allegedly streamed the event illegally online.

In the early stages, the lawsuit did not go to plan. Judge Percy Anderson wasn't happy that 13 main yet separate defendants had been bundled into the same action, noting that the illegal conduct of one defendant could be wrongly attributed to another independent defendant.

As a result, every defendant except FilmDaily.com was culled from the suit, with Triller faced with having to file new lawsuits if it wanted to progress cases against other defendants. The company responded by suing the H3 Podcast and then last week filed three new lawsuits targeting the people behind Online2LiveStream.us and My-Sports.club, plus YouTuber 'ItsLilBrandon'.

Yesterday, Triller added yet another fresh lawsuit to the collection, targeting the operator of another YouTube channel.

Lawsuit Targets Matthew Space, Alleged Owner of 'Eclipt Gaming'

While all lawsuits are serious by their very nature, it's hard to view the Elipt Gaming YouTube channel in the same light as some of the other defendants in Triller's litigation drive.

First of all, Eclipt is small. At the time of writing the YouTube channel has just 2,250 subscribers who mostly appear interested in the gaming videos on offer. Even then, these videos aren't particularly popular. While a GTA Online video has 1,600 views, the vast majority of the others are lucky if they get a couple of hundred. This is definitely not a major piracy hub.

Nevertheless, the terminology used by Triller pulls no punches. Eclipt Gaming is described as a business entity founded around March 2018 and operated by an individual named as Matthew P. Space. Triller also throws in an additional 10 'Doe' defendants for reasons that are not yet clear. The company goes on to allege copyright infringement, taking care to eliminate any attempt at a 'fair use' defense.

"[O]n or about April 19, 2021, Defendants, and each of them, unlawfully uploaded, distributed and publicly displayed, without authorization, and with no supplemental commentary or other attempt at transformation, the Broadcast to the users of the YouTube Channel, as a video entitled 'Jake Paul Vs Ben Askren Full Fight + Highlights & Post Fight Interview,' which was available at https://youtube.com/watch?v=YAfEWF4tdco," the lawsuit reads.

Triller says it "promptly notified YouTube of the infringing content, and the aforementioned video is no longer available," although the link does not return a YouTube copyright complaint notice.

Triller's Evidence Reveals Fight Was Streamed 297 Times

As shown in the screenshot below, Triller visited the Eclipt Gaming channel after the fight was finished, something which is made clear by the inclusion of a post-fight interview in the allegedly infringing video. In common with Eclipt's other videos the fight was lightly viewed, having been streamed just 297 times, although Triller expands that in its comments to the court.

Triller v Eclipt Gaming

"Defendants' calculated and reprehensible infringement, theft, and other unlawful acts — committed in knowing violation of the law — has resulted in damages suffered by Plaintiff by stealing and diverting at least 300 unique viewers of the illegal and unauthorized viewings of the Broadcast from Plaintiff," Triller's complaint reads.

In common with Triller's other recently filed lawsuits, the company describes Eclipt in extremely elaborate terms, including claims that it acts as a "shell" for Matthew Space's business interests that was "conceived, intended, and used by Space as a device to avoid liability and for the purpose of substituting an undercapitalized entity — namely, Eclipt — in the place of Space."

It will be interesting to see what the court makes of that claim and various others that tread similar lines, including claims that Space and Eclipt commingled assets and engaged in unlawful business conduct in an effort to avoid liability to Triller. On first blush and based on the videos on offer, it seems unlikely that there were many assets to commingle, let alone in any particularly organized fashion.

Claims Show Judge Was Right to Dismiss Original Lawsuit

As previously mentioned, the Judge dealing with the original $100m complaint was concerned that bundling many defendants into one suit could result in the illegal conduct of one defendant being wrongly attributed to another. Those concerns are now proving to be correct. The new batch of lawsuits, including the one filed against Eclipt, are all different. Indeed, most have a laundry list of offenses but for Eclipt, just three are listed.

Alleging copyright infringement and vicarious copyright infringement, Triller says that Eclipt "illegally copied, uploaded, publicly performed and distributed the Broadcast via the internet with full knowledge that the Broadcast could only be obtained by purchasing a license from Plaintiff."

For this Triller demands all profits made by the defendants and damages for its losses, in a sum to be determined at trial. At least in theory, these claims could reach tens of millions of dollars.

Alleging violations of the Federal Communications Act, Triller says that Space/Eclipt somehow "intercepted, received and/or descrambled Plaintiff's satellite signal" in order to receive the fight and subsequently copied and distributed it via YouTube in exchange for "payments to aid, encourage, support, or otherwise endorse Defendants' infringing conduct."

For each offense (at least 300, according to Triller) the company demands up to $110,000, meaning that Eclipt/Space could, in theory, be on the hook for an additional tens of millions of dollars in damages. That's a lot for someone who looks a lot like a teenager in his numerous gaming videos from just a couple of years ago.

Triller's complaint can be found here (pdf)

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

Anti-Piracy Outfits Target Anti-Piracy Company With Questionable DMCA Takedowns
Ernesto Van der Sar, 04 Jun 11:35 AM

As a veteran in the anti-piracy business, the CoPeerRight Agency has witnessed many online piracy threats come and go.

When the company first started, LimeWire was the largest threat. This was later replaced by torrent sites, and today, pirate streaming and IPTV services are flourishing.

All these years, CoPeerRight has offered its clients a variety of anti-piracy tools. The company sends standard takedown notices to sites and platforms, but it also uploads trailers to steer people away from pirated content.

These promotional trailers can be seeded on torrent sites to sow confusion. However, the anti-piracy outfit also publishes trailers on legitimate streaming platforms such as Vimeo and YouTube. This helps to raise the profile of local film releases and can generate additional revenue.

The videos are all published with authorization from local distributors or rightsholders, but that doesn't mean that there aren't any issues.

RIAA Targets Movie Trailer

Just a few days ago we noticed that the RIAA sent a takedown notice that targeted one of these 'authorized' movie trailers. Specifically, the Italian trailer for "The Dressmaker" movie.

riaa removed

This RIAA represents music companies, so that alone makes it an odd takedown notice. In addition, CoPeerRight informed us that they have the right to distribute this video internationally. As such, the company believes that it should have never been removed from Vimeo.

"We were surprised to receive a strike for a trailer that we posted for marketing purposes with authorization of the rightsholder," a CoPeerRight spokesperson informed us, adding that "this happens from time to time."

With movie trailers, there are often dozens of rightsholders involved. This includes distributors around the world and the accompanying music may complicate matters even further.

"The Dressmaker" trailer included music from Universal Music, which is indeed an RIAA member. However, according to CoPeerRight, all the rights were properly cleared. The company swiftly sent a DMCA counternotice to Vimeo hoping to get it restored.

counternotice riaa

While one would expect that this matter would be resolved fairly quickly, the RIAA wasn't eager to restore it immediately. The music group instead referred CoPeerRight to a representative from Universal Music, who never replied, and the trailer remained offline.

Earlier this week, it was finally restored. Under the DMCA, Vimeo is required to do so within 10 working days, unless the claiming party files a lawsuit. That didn't happen. In fact, CoPeerRight heard nothing from Universal Music or the RIAA.

Not an Isolated Incident

At first, we assumed that this must be an isolated incident or a mere oversight. However, CoPeerRight says that, while RIAA mistakes are rare, takedowns from other anti-piracy groups are actually pretty common.

"Our clients' promotional content is regularly deleted by anti-piracy companies. The main issue is a lack of manual verification," the company explains.

To back up these claims, CoPeerRight shared a long list of videos that were flagged over the past several years. This put the company at risk of losing profitable promotion Vimeo and YouTube channels, some of which have over 100,000 subscribers.

And that's not all. The problem is even worse on torrent sites, where CoPeerRight also releases trailers. This is a tactic to steer people away from pirate releases but it's also a magnet for takedown notices from rightsholders, which assume that it's pirated content.

Takedowns Target Legal Torrents

Over the years, other anti-piracy groups have removed numerous promotional torrents from Google's search results.

"We stopped counting the notices from anti-piracy companies that remove Google search results. However, these takedown notices undermine our promotional campaigns on torrent trackers," CoPeerRight informs us.

Mixed Responses

The French anti-piracy outfit regularly reaches out to colleagues to discuss these issues. This doesn't always help but on occasion, it can bear fruit.

For example, some anti-piracy companies are relatively quick to retract inaccurate takedowns. In one email we've seen, one even offered to add the affected channel to a whitelist.

An email conversation with another anti-piracy company, which we shall leave unnamed, was less friendly. When CoPeerRight described that company's notices as "fraudulent" it quickly escalated into a legal threat.

All in all, it is no surprise that mistakes happen. And when the volume is massive they will be more noticeable. Still, we didn't expect that anti-piracy companies would regularly target each other's content.

CoPeerRight stresses that RIAA's takedown notice is quite rare. However, there are other anti-piracy vendors who are known to make the same mistakes over and over again.

Ideally, the anti-piracy company would like platforms such as Vimeo and YouTube to publish DMCA counternotices in the Lumen Database, similar to what they do with regular DMCA notices. That would make the process much more transparent.

"We take pride in carrying out legitimate copyright protection on the video platforms, but other vendors, under the guise of anti-piracy, have questionable practices. But I am sure you are already aware of that," CoPeerRight concludes.

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

 
 
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