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Sony Hack Reveals MPAA's Big '$80 Million' Settlement With Hotfile Was a Lie

An anonymous reader writes with this excerpt from Tech Dirt: For years, we've pointed out that the giant 'settlements' that the MPAA likes to announce with companies it declares illegal are little more than Hollywood-style fabrications. Cases are closed with big press releases throwing around huge settlement numbers, knowing full well that the sites in question don't have anywhere near that kind of money available. At the end of 2013, it got two of these, with IsoHunt agreeing to 'pay' $110 million and Hotfile agreeing to 'pay' $80 million. In both cases, we noted that there was no chance that those sums would ever get paid. And now, thanks to the Sony hack, we at least know the details of the Hotfile settlement. TorrentFreak has been combing through the emails and found that the Hotfile settlement was really just for $4 million, and the $80 million was just a bogus number agreed to for the sake of a press release that the MPAA could use to intimidate others.

22 of 117 comments (clear)

  1. "Just" four million? by 93+Escort+Wagon · · Score: 4, Insightful

    That's still not exactly chump change...

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    1. Re:"Just" four million? by Opportunist · · Score: 5, Interesting

      4 millions, 40 millions, 4 billions... does it intimidate you any more? It does not matter whether I owe someone 4 million or 4 billion bucks. It makes zero difference AT ALL. In either case I will NEVER work again, knowing that no matter what I do or how hard I even remotely would want to work, I could never pay that. And no matter what I do, I will never get to keep any of the money I earn. Instead, all such a verdict could accomplish is that I will do my best to get by with illegal work and try to do my best to match the damages to the verdict.

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    2. Re:"Just" four million? by Anonymous Coward · · Score: 5, Funny

      Sure it makes a difference. If you owe 4 billion you qualify for the Too Big To Fail corporate welfare program.

    3. Re:"Just" four million? by bsolar · · Score: 4, Insightful

      It might not make a difference to you but it evidently made a difference for Sony, otherwise they would have just publicised the correct amount. Since Sony decided to publicise a higher amount it's clear they somehow believed the correct amount was too low for the press release.

    4. Re:"Just" four million? by AK+Marc · · Score: 4, Insightful

      To a $100M company, $4M is payable. $80M is bankruptcy. If they scare away people from becoming the next mega, then they "win". So lie about the settlement, to try to discourage others. It's not about extracting money, but scaring people. You aren't on their radar. $5m is more than you'll make in your life. But Kim Dotcom is their target. People who took on the media companies, made money, and all that. They want to scare people away from being the next Kim.

    5. Re: "Just" four million? by Anonymous Coward · · Score: 3, Insightful

      There is the saying in finance, if you owe the bank a hundred thousand dollars, the bank owns you, but if you owe the bank a hundred million dollars, you own the bank.

      Alternatively:

      If you owe the bank a thousand dollars and can't pay, you have a problem. If you owe the bank a billion dollars and can't pay, the bank has a problem.

    6. Re:"Just" four million? by gstoddart · · Score: 4, Insightful

      A lie, used to establish the basis of precedent, and to continue to act as if you are "winning".

      No, not chump change at all. The kind of "not chump change" that should get you RICO charges. Because this is about as "corrupt organization" as you can get.

      Nothing the *AAs have ever told us about copyright is based in fact, and they've used those lies to bully laws into existence which favor them. It's really time to start applying actual criminal charges to these organizations. Because they really are corrupt oligarchies who demand influence over the law.

      Some of these clowns need serious jail time. And every politician who is paid for by them has sold us up the river to enrich themselves.

      So, just fucking great, we have huge multinationals lying in public, and paying the politicians to get what they want.

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    7. Re:"Just" four million? by srichard25 · · Score: 4, Funny

      Sorry, but to qualify for the "Too Big To Fail" corporate welfare program you must have contributed at least 1 million to various political campaigns in the past and show means to contribute at least that amount in the future. Politicians need to eat after all.

    8. Re:"Just" four million? by Maxo-Texas · · Score: 3, Informative

      Your point is valid but there is a further gotcha.

      The company then files the 4 million as a loss-- which results in the irs counting it as income by you which results in taxes due on 4 million and the taxes are not forgivable by bankruptcy. After several years of harassment, wage garnishment, etc. you'll be allowed to settle the tax debt for a smaller amount. If you have the money to pay, it will be about 10 cents on the dollar. If you are really poor, you may not be able to get it forgiven and it just sorta hangs round for a very long time.

      --
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    9. Re: "Just" four million? by FlyHelicopters · · Score: 4, Interesting

      If you owe the bank a thousand dollars and can't pay, you have a problem. If you owe the bank a billion dollars and can't pay, the bank has a problem.

      I've updated this...

      If you owe the bank a hundred billion dollars and can't pay, the government has a problem...

  2. Magic! by Kaenneth · · Score: 4, Insightful

    The real Hollywood Magic is in the accounting departments.

  3. Comment removed by account_deleted · · Score: 4, Informative

    Comment removed based on user account deletion

  4. Re:Well, duh by Kjella · · Score: 5, Funny

    That they moved the news up from 11?

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  5. That aside by Sycraft-fu · · Score: 4, Insightful

    There are always limits to what they can take. Depending on the state you live in various assets are protected, and only so much of your income can be taken for payment. They don't get to just take everything you own and demand all your money. You will find it is usually things like your primary residence, primary vehicle, and so on are protected, and the limit of monthly payment is a certain percentage of after tax income.

    So while a big judgement sucks and can effect you in various ways, it isn't a life ending "you are forever in debt and can never keep a dollar" event.

  6. how many songs? by RichMan · · Score: 5, Interesting

    How many songs or "incidents of infringement" did Sony claim Hotfile was guilty of? What did Sony settle for as the price per infringement. Knowing the price sets a negotiation point for anyone else in a similar situaiton.

    If Sony claimed there were 800M bad files sent out by Hotfile and the settlement was $4M then when Sony knocks on Joe Publics door. Joe Public can say "You settled with a commercial infringer for 4/800 = 1/200 = 0.5cents a file. As I am not a commercial operation lets start the negotiation at 1/10th of that or 0.05cents a file."

    Makes it hard for Sony to intinidate the public if the settlement cost is going to be less than an hours of lawyer fees.

  7. Re:Well, duh by Anonymous Coward · · Score: 4, Insightful

    Why are so many commentators constantly in need of surprises these days? Life generally too exciting?

    I, personally, like to have my opinions based in fact. I like to change my opinions when facts show otherwise. I like to consider my opinions correct when the facts match up to what I thought all along. Reading a news story that confirms an opinion is just as important as reading a news story that indicates I might be wrong.

  8. Re:Well, duh by arthurh3535 · · Score: 4, Interesting

    1/ MPAA / RIAA lie - news at 10
    2/ PR statements are bullshit - news at 10

    Where's the surprise here?

    Actually, if they report this as part of their stockholder's meeting/information about the state of their company, I think it's quite illegal. As in the Feds can come in and start checking your books for other 'hundred million dollars lies'.

    (Sorry, did not mean to post anonymously).

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  9. Is this actually legal? by c · · Score: 3, Interesting

    I'm pretty sure that if I ran a business and I misrepresented a $4 million deal to my business partners, investors, and/or the general public as being 20 times larger, either my ass would be in jail or I'd be sued into oblivion.

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  10. judgement was for $80M, went out of business by raymorris · · Score: 5, Interesting

    The judgement was in fact entered for $80 million. That's true. A judgement doesn't mean you're going to get paid. I've had a judgement for $2,500 against a guy for fifteen years. He paid $40. There's basically no way to make someone actually pay a judgement, especially if they are going out of business. The executives take their last pay check and close up the business. The judgement creditor can send demand letters all day long to where the business used to be, demanding that the now non-existent business pay the judgement.

    Here, they agreed that Sony would get a judgement for $80 million, so reporting that judgement isn't exactly a lie. In addition, they agreed that the defendant would actually pay $4 million of that judgement, since they probably didn't have the money to pay the whole thing and even if they could, it's pretty easy to avoid paying a judgement in most cases. Just ignore the judgement. Then the plaintiff has to file additional law suits trying to get specific property seized to pay the judgement, after they identify specific non-exempt property that won't disappear before it's seized.

  11. Re:Sony vs NKVD by Trepidity · · Score: 3, Funny

    Especially considering that the NKVD was disbanded in 1946...

  12. Re:Inquiring minds want to know by gl4ss · · Score: 3, Insightful

    it was meant to affect shareholder value, value of future negotiations and all manner of other things.

    further, it was meant to be used as a number to throw around when trying to extort money from other sites. like, when negotiating with isohunt say that the other site paid 80 million bucks and vice versa.

    basically.. at the core of things.. it was fraud.

    not just on one level but on many levels. all the mpaa member companies should be held accountable for that fraud... but guess if they are? fuck no..

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  13. Scared Broke by CrashNBrn · · Score: 4, Interesting

    It is sad, and somewhat scary, just how accurate Marilyn Manson was in his interview in Bowling for Columbine. The gist being, "keep the masses afraid. scared people spend money."