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Posted by on Nov 2, 2012 in Intellectual Property, Internet |

Fine of $1.5 million for sharing 10 pornographic movies on BitTorrent

Fine of $ 1.5 million for sharing 10 pornographic movies on BitTorrent

This has been declared by a court of Illinois dictating the largest fine for damages in a case history of BitTorrent. Fisher Kywan Defendant was sentenced to pay $1.5 million to the adult film producer Flava for sharing 10 movies on BitTorrent, to $ 150,000 per film.

The sentence is the maximum penalty possible under in the United States, a verdict that will be used as an example for future similar cases.

And since 2010, hundreds of thousands of people in the United States sued for downloading or sharing copyrighted content on . Cases, in most cases end in a “deal” and have now reached an exorbitant judgment unparalleled.

The case refers to 2011, at which time Fisher and several people were accused and sued for Flava. The problem was that Fisher was the only addition to downloading movies, allegedly had shared on BitTorrent. Illegal copies passed directly to your account through a code embedded in the videos. According to court Flava reported:

The plaintiff has proprietary software that assigns a unique encryption code for members of the plaintiff paid websites. In this case, whenever the defendant downloaded a copyrighted copy of the applicant’s website, was inserted an embedded code that is only assigned to the defendant. In this case, the embedded code for the defendant was “xvyynuxl”.

Film copying was expressly forbidden by the agreement of Fisher when he signed his entry into the video portal, which allowed Flava perform the action for infringement of copyright in 10 films. According to the producer, copies uploaded to BitTorrent by Fisher became downloaded thousands of times by other users:

The defendant’s conduct was intentional to the extent that our films copied or distributed copyrighted at least 10 times and made the videos were violated or downloaded at least 3449 times.

Finally Fisher has been found guilty and the judge this week issued the largest fine in damages in a case history of BitTorrent with 1.5 million. The judgment says:

Taking into account the documents submitted by the applicant and the absence of any objection by the defendant, the demand is granted in favor of Flava Works Inc. Fisher Kywan against defendant in the amount of $1.5 million.

While this is a case where the defendant has not been presented or defended and therefore seems clear that he would be blamed on the evidence above, it seems illogical and outrageous the final amount of the fine. 1.5 million for downloading and sharing 10 pornographic films.

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