Man Who Uploaded Deadpool To Facebook May Get Six Months In Prison (gizmodo.com)
A California court may soon sentence a man who posted the entirety of Deadpool on his Facebook page to six months in prison. Gizmodo reports: A week after Deadpool was released in theaters, millions of people watched the film on a viral Facebook post by the account Tre-Von M. King. The FBI found that the account belonged to Trevon Franklin, a 22-year-old in Fresno, California. Franklin had downloaded the movie from file-sharing platform Putlocker.is, then uploaded the movie to his Facebook page, where it garnered 6,386,456 views, according to court documents. He was indicted and arrested in June 2017. In May, Franklin made a plea agreement with the government. Franklin pled guilty in exchange for authorities agreeing to recommend a reduced sentenced. Last week, the government filed its sentencing recommendation. As TorrentFreak originally reported, authorities suggested a prison sentence of six months. The government argues that the sentencing "is both necessary and sufficient to address the nature of circumstances of the offense and to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense."
This is because Franklin publicly disregarded the law in a number of posts. In one such post he wrote: "I got the ultimate way out of this, yall might be surprised on how I won't go to jail but just become more famous." In another he wrote, "I'm just sitting back smoking out my bong laughing at these mfs who think they know what they talking I haven't sold shit to anyone, or made copies."
This is because Franklin publicly disregarded the law in a number of posts. In one such post he wrote: "I got the ultimate way out of this, yall might be surprised on how I won't go to jail but just become more famous." In another he wrote, "I'm just sitting back smoking out my bong laughing at these mfs who think they know what they talking I haven't sold shit to anyone, or made copies."
That's the first time I've heard of someone going to prison for a copyright violation.
"First they came for the slanderers and i said nothing."
I can just feel the arts and sciences being encouraged right now!
Respect for law? We have sanctuary cities that hide criminals and politicians and corporate thugs get away with everything.
There is no respect for law. The United States is corrupt from top to bottom.
I mean, if the goal is deterrent, then why not? After all, at 6 million views x $10 a ticket he'll never be able to pay back his 'debt'.
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The guy who ran Hanoverfist Enterprises did prison time as I recall. I had bunches of his releases on the C64 when I was a wee lad who didn't know what piracy was, just that I had a stack of disks full of games.
Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
he'll be dealing with that for the rest of his life.
I wish the industry would just move back into the 21st century and publish movies online within a few weeks
because people like me don't visit movie theaters anymore.
Sitting in a cramped room with popcorn throwing noisy scum is not really something like a 'movie experience'.
Normally I'd be totally dead set against prison time for copyright violations (I still am), but it seriously sounds like this guy is so dumb he deserves the jail time. Not for copyright violations, but for being an idiot in general, flagrantly disregarding the law, being stupid enough to upload the whole movie to Facebook, not knowing at all how technology works, and again just for being an idiot. From the full article:
In one such post he wrote: "I got the ultimate way out of this, yall might be surprised on how I won't go to jail but just become more famous." In another he wrote, "I'm just sitting back smoking out my bong laughing at these mfs who think they know what they talking I haven't sold shit to anyone, or made copies." Franklin went on to create a Facebook group called “Bootleg Movies,” posted “EVERYBODY JOIN,” and told people he’d be posting more movies on the page.
And how much jail time will the studio get for creating the content?
Thank you, thank you. Wow, what a great audience!
Anonymous lawyer? Worth exactly nothing.
The 6 million views include all the auto-plays that people scroll straight past on their feed.
"What are you in jail for?" they ask. "I made a facebook post."
If you want social platforms like Facebook and Slashdot to be RESPONSIBLE for what people post, they aren't going to be responsible for stuff they haven't screened and approved. In the US, we don't want Slashdot to only show comments that have been approved by their staff. Thus, they aren't responsible for the content.
A middle ground we're seeing now I when a forum / platform is informed that a particular person has a pattern and practice of posting unlawful or patently offensive content, they can choose not to associate with that user any more. Slashdot could ban user ABC without needing to approve every post everyone makes (if we didn't have ACs).
Is Facebook expected to manually vet every video uploaded to it before it is allowed to be viewed by anyone else?
File under 'M' for 'Manic ranting'
just saying...
Not as much as you'll feel when people completely disregard every law they can get their hands on.
then FaceBook should be at least partially responsible
As should Verizon, AT&T, Comcast, etc. Not being 'telecommunications carriers', but 'information services', they are in part responsible for providing access to that ill-gotten information.
Vestberg, Stephenson and Roberts get cells next to Franklin. Or perhaps they could get Pai to serve their sentences as a stand-in.
Have gnu, will travel.
You can go to prison for your facebook post for many reasons in shit hole countries.
The police took away any means he had to defend himself, threatened him with a ridiculous punishment and he accepted a plea bargain. There is only one country in the world that regularly pretends such a thing is a conviction. Of course going to federal court is also a 99.8% chance of being convicted of something. Some federal districts in the USA actually go more than a year without an innocent verdict. http://justicedenied.org/wordp...
Anonymous lawyer? Worth exactly nothing.
An AC lawyer in this case is probably better; his legal strategy according to his own posting was "sitting back smoking out my bong laughing".
14 days beats 6 months.
I am excited to see this continue, and the FBI start investigating freebooting (companies who cut/copy popular videos from youtube to facebook for ad revenue) and start sending their arses to jail too!
...
So he downloaded it (copy on his computer) and posted it on Facebook (copy on Facebook). Also he's a total idiot. But Facebook made millions of copies, and they aren't a common carrier.
Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
So every video uploaded by every semi-popular news outlet would need to be vetted before people can watch the news?
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So he downloaded it (copy on his computer) and posted it on Facebook (copy on Facebook). Also he's a total idiot. But Facebook made millions of copies, and they aren't a common carrier.
The DMCA's Safe Harbor provision (one of the few parts of the DMCA that makes sense, IMO), protects site operators from prosecution for infringement for content posted on their sites by users, as long as they take it down promptly upon receipt of a takedown notice. If this didn't exist, basically no site could host user-provided content.
However, it might be possible to argue that he only made two copies, and should only be prosecuted for those, not for the 6M. That doesn't help him much, though, since the maximum penalty for making those two copies is a $500K fine and 10 years in federal prison.
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6,386,456 views??? How many of those views were by children? How is Facebook not deemed complicit? How many views would he have gotten on YouTube, Vimeo, etc. before it was taken down?
You can Kill someone in some states and get less then 5 years.
let that sink in.
Um... while that's interesting.. this dude only got six months. Not sure how germane that observation is to the topic at hand
Just another second banana
Can someone confirm if this was actually "uploaded" to Facebook or was it just a Facebook post with embedded video linking to elsewhere?
Facebook allowed 4gig uploads back then? What kind of connection did this guy have?
He said he didn't make any copies so it would seem like he just embedded a link... hm.
the real questions.
Just another second banana
He was on Fakebook! Over 6 MILLION likes!! Wow! That's awesome! LOL, building his power base, so he won't get messed with in prison LOL. Then what's he do? He creates ANOTHER fakebook account to share more pirated movies.
... to know that he's not going to be the sharpest knife in the drawer. I supposed we should be impressed he can actually operate a grown up computer, thats an einstein level ability down in da hood.
dude your racism isn't necessary.
Just another second banana
Tech geeks by and large totally ignore copyright laws, have no idea how they work, have wishy-washy hand-wavy ideas they'd never accept in a math proof about it being okay to copy stuff, and go so far as to casually commit felony conspiracy copyright infringement.
Actually it's more the other way around. Copyright laws and those who control them ignore technology and have no idea how it works. these people have wishy washy hand-wavy ideas they'd never accept in a math proof about it being ok to prosecute people for doing things that are perfectly reasonable^1 and go so far as to casually accused people of felony conspiracy copyright infringement.
[1] To be clear I'm talking about in general not in this case. In this case the guy is a moron.
Just another second banana
It might be a sufficient defense against an *alleged* enabling of a crime.
Destruction of evidence is a crime... should the company that makes the software that deletes contents of devices be charged with a crime if someone uses it to erase evidence of another crime they committed?
File under 'M' for 'Manic ranting'
Racism? Just stating facts my friend. Not all of us live in a liberal fantasy world.