Wednesday, January 18, 2023

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Iconic Fansubbing Site Legendas.tv Shuts Down Voluntarily
Ernesto Van der Sar, 18 Jan 10:32 AM

legendasEvery day, millions of people enjoy fan-made subtitles. These files help foreigners to better understand English entertainment and provide the hearing impaired with a way to comprehend audio.

These subtitles are often used in combination with pirated films or TV shows, a thorn in the side of entertainment industry companies, who see this as a threat to their business.

This was also the case with Legendas.tv, a Brazilian fansubbing community founded in 2006. For many Brazilians, Legendas (Portuguese for 'subtitles') was their first introduction to characters such as Jack Bauer, Michael Scofield and Hiro Nakamura.

Legal Issues Came Early

The site, which relied on a team of contributors, soon gained a steady user base. With its presence growing, the concerns of major entertainment industry companies increased as well.

In 2009, legal pressure resulted in a temporary shutdown. Representing the major Hollywood studios, Brazil's Antipirataria Association Cinema and Música (APCM) complained to the site's hosting company Softlayer, which pulled the plug shortly after.

legandas

Legandas.tv's downfall didn't last for long. The site quickly switched to a new hosting company, from where it continued to serve subtitles. Meanwhile, sympathizers of the site went after the anti-piracy group. The hackers defaced APCM's website which started to link to torrents.

Avid Consumers

Shortly after the crackdown, Legendas.tv team sent out a different message. While the entertainment companies were quick to brand them as pirates, Legendas argued that they were probably some of the most avid consumers.

"We are those who purchase the latest technology products and subscribe to the best cable TV packages and the most powerful broadband plans. We voraciously consume culture. And even with all that, we don't think it's enough," the Legendas team wrote at the time.

The fansubbers argued that they simply wanted to consume content that wasn't available legally around the world. At the time, many countries had to wait months before popular content became legally available, if it became available at all.

Mission Complete

Pirate sites and subtitle repositories have a history of meeting demand when availability is lacking. With the shortening of release windows and the rise of online streaming, the gap has started to close. Today, affordability is a bigger issue than availability. While there is still plenty of interest in subtitles, the Legendas team feels that it served its purpose.

A few days ago Legendas.tv voluntarily shut down. In a message to its users, the site explains that times have changed. There are now many legal platforms making the latest content available, with subtitles included.

"For many years Legendas.TV was one of the main repositories of Portuguese subtitles for a variety of content. Those were other times, the content was distributed in different ways and, after many years, the market took over with more and more accessible streaming services," the translated note reads.

legendas tv

Funds Dried Up

There are other factors that played into the shutdown decision as well. The team notes that the financial position was dire due to a decline in user contributions and issues that prevented it from having decent advertisements.

The site was not being operated with a profit motive. However, the lack of funds made it harder to cover the costs. Three years ago, the operators threatened to shut the site down unless more people subscribed to their VIP plan. This extended the site's life, but Legendas eventually made the decision to pull the plug.

The voluntary shutdown is the end of an era but the site's subtitle archive won't simply vanish. According to the farewell message, the files will be made available to the public in some shape or form during the weeks to come.

Other than that, Legendas' journey has come to an end.

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

Court Denies RIAA's $250,000 Attorney Fees Request Against Yout
Ernesto Van der Sar, 17 Jan 08:58 PM

In 2020, YouTube-ripper Yout.com sued the RIAA, asking a Connecticut district court to declare that the site does not violate the DMCA's anti-circumvention provision.

The music group had previously used DMCA takedown notices to remove many of Yout's appearances in Google's search results. This had a significant impact on revenues, the site argued, adding that it always believed it was not breaking any laws and hoped the court would agree.

That wasn't the case. Last October, Judge Stefan Underhill ultimately concluded that the service had failed to show that it doesn't circumvent YouTube's technological protection measures. As such, it could be breaking the law.

$250,000 Attorneys Fees

Soon after the court's decision, the RIAA submitted a request to have Yout pay the $250,000 in attorneys fees it incurred thus far. As the prevailing party, RIAA felt that it was entitled to compensation.

Yout wanted to press on, however. Site operator Johnathan Nader swiftly filed an appeal as he believes that YouTube rippers don't violate the DMCA. A few weeks ago, his legal team asked the court to put the RIAA's request for attorneys fees on hold while the appeal is pending.

Postponing the fees decision was important for Yout because immediate payment might undermine its ability to properly fund its legal campaign. It would also harm Yout's defense and the many other sites and services indirectly impacted by the case, Yout informed the court.

No Money?

The RIAA didn't buy it. In a response brief, the music group doubted that Yout lacks the means to fund its legal campaign. After all, it was still operational and able to retain a new team of lawyers for its appeal.

"The record in this case suggests that Yout does not lack resources: Yout admits that its service is still operational and it has hired three new lawyers for the appeal," the RIAA wrote.

Again, Yout disagreed. Backed up by a bank statement, the YouTube ripper showed the court that the site was barely running break-even. In fact, Nader used his personal funds to bankroll the appeal.

"[I]f a judgment on fees is issued at this time, that could severely impact Plaintiff's ability to fund the appeal whether through company funds, personal funds, or third-party assistance," Yout argued in court.

Court Denies Fees Request, For Now

After hearing the arguments from both sides, U.S. District Court Judge Stefan Underhill decided to deny the RIAA's request for attorneys fees altogether. However, the music group can refile it after the appeal. This means that Yout's request to stay the matter is moot.

"Here, I choose to exercise my discretion to deny the fee motion without prejudice and grant the RIAA leave to re-file the motion upon resolution of the appeal," Judge Underhill writes.

The Judge argues that delaying the issue saves judicial resources. In addition, the party that wins the appeal will likely request attorneys' fees as well, so the order also avoids piecemeal adjudication.

To outsiders, the ruling may seem nothing more than an administrative battle, but it may prove to be a crucial one for Yout. Without legal funds, an appeal would have been virtually impossible to win.

A copy of U.S. District Court Judge Stefan Underhill's order is available here (pdf)

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

 
 
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