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New Litigation Targets 20,000 BitTorrent-Using Downloaders

Hugh Pickens writes "The Hollywood Reporter reports that more than 20,000 individual movie torrent downloaders have been sued in the past few weeks in Washington, DC, federal court for copyright infringement, and another lawsuit targeting 30,000 more torrent downloaders on five more films is forthcoming in what could be a test run that opens up the floodgates to massive litigation against the millions of individuals who use BitTorrent to download movies. The US Copyright Group, a company owned by intellectual property lawyers, is using a new proprietary technology by German-based Guardaley IT that allows for real-time monitoring of movie downloads on torrents. According to Thomas Dunlap, a lawyer at the firm, the program captures IP addresses based on the time stamp that a download has occurred and then checks against a spreadsheet to make sure the downloading content is the copyright protected film and not a misnamed film or trailer. 'We're creating a revenue stream and monetizing the equivalent of an alternative distribution channel,' says Jeffrey Weaver, another lawyer at the firm." "The difference between the MPAA's past approach and the new one being offered by the US Copyright Group is that the MPAA took a less targeted approach going after a smaller sampling of infringers in a single suit for multiple films, to send a message. In contrast, the US Copyright Group is using the new monitoring technology to go after tens of thousands of infringers at a time on a contingency basis in hopes of coming up with the right cost-benefit incentive to pursue individual pirates."

15 of 949 comments (clear)

  1. They Suck by WrongSizeGlass · · Score: 5, Insightful

    These types of lawyers give other types of lawyers an even worse name.

    And before you sue me for that statement I'm sure that there is some sort of 'fair use' or 'truth' defense, so phfffft!

    1. Re:They Suck by victorhooi · · Score: 5, Insightful
      heya,

      Well, actually, stealing usually involves depriving somebody of property. So something like shoplifting is "stealing".

      What's actually happening here is copyright infringement, they're just throwing around the stealing word to try and make it sound melodromatic.

      See, that's where I take issue at those stupid anti-piracy videos they force us to watch at the cinemas. I watch a lot of movies - I probably hit the cinemas around once a week. Basically, I watch everything that comes out. I've racked up so many Greater Union Cinebuzz points, I could watch a month of free movies. But still, I'm forced to watch idiotic advertisements that try to equate copyright infringement with breaking into a car, or stealing a handbag? And a whole bunch of other ads for restaurants, cleaning services, and cinemas advertising. Come on...I paid money to see this damn movie, so I shouldn't have to sit there watching ads - it wastes my time, and it's actually annoying how inaccurate and farcial their propaganda is. And my friends that pirate movies (or heck, I've downloaded movies before, to be honest) - guess what, no long ads, no stupid inaccurate propaganda at the beginning.

      And don't get me started on buying DVDs. There's these stupid long ads I have to sit through telling me how bad piracy is. I bought your stupid friggin DVD, ok, so yes, I'm bloody supporting you. Then there's all this ridiculousness with new budget DVDs not having subtitles - I'm hearing impaired, how bloody hard is it to put stupid English subtitles on your film? That's half the reason I like to buy DVDs. Instead, other people who download the MKV get a nice film experience, with no unskippable ads, they can watch it on anything they like, and guess what - some nice fellow transcripted subtitles for that "pirated" movie. I mean...seriously...the frigging pirates get a better experience than me, who just forked out $30 for your stupid DVD. Cheers, Victor

    2. Re:They Suck by icebraining · · Score: 5, Insightful

      When I download Firefox I'm taking something that isn't mine (I've never contributed code to it) without paying for it. I'm I stealing?

      "Taking $something" implies that someone is deprived of $something. I don't "take" Firefox, I download a copy. The fact that Mozilla gives me permission to copy it is irrelevant to this issue.

      But I'll quote the US Supreme Court:

      interference with copyright does not easily equate with theft, conversion, or fraud. The Copyright Act even employs a separate term of art to define one who misappropriates a copyright: ... 'an infringer of the copyright.' ...

              The infringer invades a statutorily defined province guaranteed to the copyright holder alone. But he does not assume physical control over the copyright; nor does he wholly deprive its owner of its use. While one may colloquially link infringement with some general notion of wrongful appropriation, infringement plainly implicates a more complex set of property interests than does run-of-the-mill theft, conversion, or fraud.
              --Dowling v. United States, 473 U.S. 207, pp. 217-218

      Now tell me the Supreme Court is just lying to create justification for stealing.

  2. "We're creating a revenue stream..." by Anonymous Coward · · Score: 5, Insightful

    "...and monetizing the equivalent of an alternative distribution channel."

    The equivalent of a distribution channel where tens of thousands get movies for free, but then a randomly selected group has to pay a hundred times the cost of the movie in litigation fees.

    At least they're innovating...

  3. "massive litigation" by drDugan · · Score: 5, Insightful

    If the only way to keep a business model working is to "open up the floodgates to massive litigation" then we should take a close look at why our society keeps those businesses afloat.

    Personally, I think the basic reason we built the amazing companies in the "entertainment industry" is that distribution used to be difficult, and it required a lot of capital to set up channels to get media to consumers. This is no longer true; & the other reason - funding the creation of great media - obviously does not create enough value to justify the business that many of these companies continue to sue to protect.

  4. Re:Good thing by Anonymous Coward · · Score: 5, Insightful

    Shooting yourself in the foot, 20000 law suits at a time. Apparently the independents are not more down to earth than the MPAA, just less successful. Way to ruin a reputation.

  5. Re:WTF are they thinking? by drsmithy · · Score: 5, Insightful

    I'm still unclear on the business benefit to the MPAA companies that comes from suing their customer base.

    The objective is to scare all the people currently pirating into buying.

    I would have thought that would be pretty obvious.

  6. Re:Good thing by TyFoN · · Score: 5, Insightful

    What "good alternative" can I use to watch high-def movies stored on my home server via my networked media tank or laptop etc?
    As long as the pirates provide a better product than the studios, the customers will turn to the pirates.

  7. Re:Good thing by Anonymous Coward · · Score: 5, Insightful

    I think this is what most don't understand. I am the type of pirate that does it for convenience. There is no other method of accessing movies that is as convenient as piracy, and I don't see anything coming in the near future that can come even close to allowing me to easily watch movies in multiple places in my home or on the road. With a downloaded .mkv, I can watch any movie I have on any TV in my home or on any computer in the world at the press of a button. I would love to see a viable legal alternative to my current setup, but it will never exist due to the luddites in charge of the movie companies.

  8. how? by sjames · · Score: 5, Insightful

    Each of those soon to be 50,000 people is entitled to a jury trial. That's a LOT of resources tied up on this and for a long time. The logistics could get ugly. And this is supposedly just the test run that could open the floodgate?

    The courts will have a choice. Either shred any semblance of justice, reject this litigative spam, or devote itself exclusively to these suits and hope they get to the last of them before the revolution comes.

  9. Re:Good thing by Ajaxamander · · Score: 5, Insightful

    You must not have watched it, then.

  10. Re:Good thing by Low+Ranked+Craig · · Score: 5, Insightful

    You pretty much can't in a digital format. maybe get movies on VHS and convert them to DVDs? Personally I do the following:

    • Step 1. Get Netflix account
    • Step 2. Get AnyDVD or equivilent
    • Step 3. Receive DVD From Netflix, rip DVD to hard drive
    • Step 4. Watch and enjoy whenever I feel like it.

    IMO, this is no different than if I use a DVR with a big hard drive to record every movie I like from HBO, Cinemax, etc. I can watch a DVR'd movie as many times as I like, and I can keep it until the HD crashes in the DVR. This speaks volumes to the ignorance of lawmakers on technical issues: recording digital content that comes down the wire = OK, but recording that same content off a plastic disc = BAD. WTF? So, if I bought the CD or DVD and it's sitting in in my closet while a digital copy resides on my network, according to the RIAA/MPAA that is not fair use. Really? Dan Glickman and Cary Sherman can kiss my pucker - Until and unless I upload the ripped copy to the internets I've done nothing wrong.

    --
    I still cannot find the droids I am looking for...
  11. Re:Good thing by h4rr4r · · Score: 5, Insightful

    Or wait until the copyright expires.
    Not possible, copyrights will get longer again next time mickey mouse comes up.

    I pay for my media, but the reality is copyright no longer serves society as it was supposed too.

  12. Re:Good thing by Zencyde · · Score: 5, Insightful

    I really wish people would stop treating IP like actual property. It's not. Actual property has the problem of scarcity. You can't take IP. You can make copies of it, for sure. You can use it without an appropriate license. But the correlation drawn between stealing and copyright infringement is simply invalid.

    --
    What day is it? Could you please tell me?
  13. Re:Good thing by houghi · · Score: 5, Insightful

    That is why I go into stores and steal the actual DVD's. Much less punishment if I get caught and it is actual theft.

    --
    Don't fight for your country, if your country does not fight for you.