Thursday, March 24, 2022

TorrentFreak's Latest News

 

YouTube Rippers Appeal $83 Million Piracy Verdict
Ernesto Van der Sar, 24 Mar 09:52 AM

youtube sad errorLast October, the RIAA secured a major victory in its piracy lawsuit against YouTube-rippers FLVTO.biz and 2conv.com and their Russian operator Tofig Kurbanov.

A Virginia federal court issued a default judgment in favor of the RIAA, which represented several prominent music companies.

Following this win, the RIAA demanded $83 million in damages for the widespread copyright infringement that allegedly took place through the sites. This request was met with heavy opposition from Mr. Kurbanov but a few weeks ago it was granted nonetheless.

The RIAA, which described the legal battle as a landmark case, was happy with the outcome. As it stands, it will act as a deterrent against similar stream-rippers and other potentially infringing sites. However, it is not over yet.

$83 Million Appeal

While Mr. Kurbanov previously walked away from the U.S. court battle, he now intends to keep on fighting. In a new filing submitted a few days ago his legal team informs the court that it will appeal the piracy liability ruling and the damages award at the Fourth Circuit Court of Appeals.

kurbanov appeal

Speaking with TorrentFreak, defense lawyer Val Gurvits explains that his client will challenge the fact that the sites are held liable for millions of dollars in damages. This is wrong, he believes, as the rightsholders didn't present any concrete evidence of copyright infringements that took place in the United States.

"At this point, Mr. Kurbanov is doing this less for himself and more to shed light on a legal process that has gone off the rails," Gurvits tells TorrentFreak.

This apparent lack of evidence was also brought up in a response to the damages recommendation issued by the magistrate judge last fall. However, District Court Judge Claude Hilton later concluded that these recommendations are in line with the law.

Dangerous Precedent?

Mr. Kurbanov's legal team sees this conclusion as a clear error. If it stands, they fear that any website owner can be held liable for millions of dollars in damages, without the need for concrete evidence.

This would be a great precedent for the RIAA and its members, but not so much for the public at large.

"If the record companies can really get multi-million dollar judgments without having to prove a single instance of infringement within the United States, then no one who operates a website is safe," Gurvits says.

"And it is the American consumer that will suffer the most as websites simply decide that it's just easier to block visitors from the US. That doesn't benefit anyone… other than the record companies, of course."

The opening brief has yet to be filed at the Fourth Circuit Court of Appeals and we plan to report on that in due course. The same is true for RIAA's response to it.

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

Illegal IPTV Streaming: Four Receive Prison Sentences Totaling 10+ Years
Andy Maxwell, 23 Mar 07:13 PM

IPTVOn September 11, 2018, following an investigation and referral by the Federation Against Copyright Theft, two people were arrested in connection with the unauthorized streaming of TV broadcasts.

Officers from Hampshire County Council's Trading Standards unit assisted by local police executed a warrant at an address in Bursledon, Hampshire, close to the city of Southampton. Reports indicated that two people – a 41-year-old man and a 30-year-old woman – had been arrested under suspicion of offenses under the Copyright, Designs and Patents Act 1988 and money laundering.

From the outset, it was clear the operation had been carried out against some type of illegal streaming operation to protect the rights of companies including Sky and BT Sports. The investigation formed part of a wider investigation coordinated by Europol. A day later, Europol announced that four people had been arrested in Ireland.

FACT and Trading Standards Announce Convictions

Information sent to TorrentFreak by FACT and an announcement from Hampshire County Council Trading Standards now reveals that on 18 March, 2022, four individuals were sentenced at Southampton Crown Court after being convicted in connection with the illegal streaming of copyrighted material, including that owned by Sky Sports and BT Sport.

Neither release mentions a specific streaming operation but following a request for clarification, FACT suggested that we should look at a well-known online handle.

For perhaps a decade, MIKEY1234 has been involved in the development and distribution of software (including Kodi addons) that facilitated access to copyrighted content. In several forum posts over the years, MIKEY1234 also admitted to living in the Southampton area.

FACT didn't immediately respond to additional questions relating to how revenue was generated by MIKEY1234 and his associates but given the harsh sentences handed down last week, it is clear that significant sums were involved.

Defendants Receive Prison Sentences Exceeding 10 Years

According to FACT, the four convicted people, their crimes, and their sentences are as follows:

Michael James Simmonds – age 45 of Bridge Road, Bursledon, sentenced under Section 9 of the Fraud Act 2006 (Participating in business for a Fraudulent Purpose) and Section 327 of the Proceeds of Crime Act 2002 (Money Laundering): 5 years 6 months imprisonment on each to run concurrently. To serve half sentence in custody with the remainder served on license

Kieran Collins – age 38 of Beccles Road, Great Yarmouth, sentenced under Section 9 of the Fraud Act 2006 (Participating in business for a Fraudulent Purpose) and Section 327 of the Proceeds of Crime Act 2002 (Money Laundering): 3 years imprisonment on each to run concurrently. To serve half sentence in custody with the remainder served on license

Amanda Collins – age 37 of Beccles Road, Great Yarmouth, sentenced under Section 327 of the Proceeds of Crime Act 2002 (Money Laundering): 18 months imprisonment suspended for 2 years, requirement to conduct 200 hours of unpaid work

Robert Kurian – age 46 of Mascalls Way, Chelmsford, sentenced under Section 327 of the Proceeds of Crime Act 2002 (Money Laundering): 8 months imprisonment suspended for 2 years, requirement to conduct 180 hours of unpaid work

Confiscation Under Proceeds of Crime Act

Under the Proceeds of Crime Act 2002, confiscation orders can be issued against people who benefit from criminal conduct to facilitate the recovery of unlawfully obtained property.

For his part in the MIKEY1234-connected operation, Keiran Collins was found to have benefited in the sum of £329,239.51 and was ordered to pay back £15,399.59. Amanda Collins was found to have benefited in the sum of £80,000 and has to pay £59,698.07. Robert Kurian was found to have benefited in the sum of £21,039.06 and is required to pay a nominal amount of £1.

Confiscation proceedings against Michael Simmons, who received the harshest sentence, have been instituted but no monetary value has been made public.

Kieron Sharp, Chief Executive of FACT, welcomes the convictions and thanks those involved in the operation for their work.

"I would like to thank Hampshire County Council Trading Standards for taking on this case following an initial investigation by FACT, assisted by National Trading Standards," Sharp says.

"The individuals sentenced were involved in running a criminal enterprise that generated substantial profits with no regard for the rights of content owners. FACT continues to pursue those operating illegal streaming services who risk criminal convictions and forfeiture of assets."

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

 
 
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