Infringement Warning

Copyright Infringement Notices

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Aug 29 2012 – Leader of Internet Piracy Group “IMAGiNE” Pleads Guilty to Copyright Infringement Conspiracy

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Wednesday, August 29, 2012

WASHINGTON – A Virginia man pleaded guilty today to conspiring to willfully reproduce and distribute tens of thousands of infringing copies of copyrighted works without permission, including infringing copies of movies before they were commercially released on DVD, Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney for the Eastern District of Virginia Neil H. MacBride and Special Agent in Charge John P. Torres of U.S. Immigration and Customs Enforcement Homeland Security Investigations (ICE-HSI) in Washington, D.C., announced today.

Jeramiah B. Perkins, 39, of Portsmouth, Va., pleaded guilty to one count of conspiracy to commit criminal copyright infringement. The plea was entered before U.S. Magistrate Judge Tommy E. Miller in the Eastern District of Virginia. At sentencing, scheduled for Jan. 3, 2013, Perkins faces a maximum sentence of five years in prison, a fine of $250,000 and three years of supervised release.

Read more here.

Filed under Uncategorized
Dec 8, 2012

Aug 23 2012 – Court affirms $675,000 penalty in music-downloading case

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Joel Tenenbaum, handed a $675,000 penalty for illegally downloading and distributing 31 songs, looks on as court upholds the size of the damages fee. The fee had been lowered once; then reinstated.

August 23, 2012 4:04 PM PDT

A federal court in Massachusetts today upheld a $675,000 damages award against Joel Tenenbaum, who was accused of illegally downloading 31 songs from a file-sharing Web site and distributing them and was sued by the main recording companies in the U.S. U.S. District Court Judge Rya W. Zobel rejected Tenenbaum’s request for a new jury trial, saying jurors had appropriately considered the evidence of Tenenbaum’s actions — downloading and distributing files for two years despite warnings — and the harm to the plaintiffs. The penalty is at the low end of the range for willful infringement and below the limit for even nonwillful infringement, and thus was not excessive, the judge ruled. ”In light of these factors, a rational appraisal of the evidence before the jury, viewed in the light most favorable to the verdict, supports the damages award,” the judge wrote.

“We are pleased with the District Court’s decision,” was the comment from the Recording Industry Association of America (RIAA), which is the industry trade group.
Tenenbaum’s lawyer, Harvard Law School Professor Charles Nesson, did not immediately respond to an e-mail seeking comment this afternoon.
In 2007, the top record companies filed a copyright infringement suit against Tenenbaum, a Boston University student at the time. A jury found that Tenenbaum’s infringement was willful and ordered him to pay $675,000 in damages. Tenenbaum argued that the jury award was unconstitutional and the federal judge who oversaw his trial agreed that the amount was “excessive.” When an appellate court agreed with the recording companies, Tenenbaum’s attorney asked the U.S. Supreme Court to weigh in. It declined.

Read more here.

Filed under Miscellaneous
Dec 8, 2012

Sep 11 2012 – Appeals court sides with RIAA, Jammie Thomas owes $222,000

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The U.S. Court of Appeals for the Eighth Circuit vacates a lower court’s decision and rules that Thomas-Rasset, found by a judge to have lied about illegally uploading music, must pay the top four labels $222,000.

September 11, 2012 9:25 AM PDT

The top four record labels have won a significant decision in their long-running suit against Jammie Thomas-Rasset, the Minnesota woman found by a court to have “lied” about illegally uploading music to the Web. The U.S. Court of Appeals for the Eighth Circuit found unanimously in favor of the Recording Industry Association of America (RIAA), the trade group for Universal Music Group, Sony Music Entertainment, Warner Music Group and EMI Music:
We conclude that the recording companies are entitled to the remedies that they seek on appeal. The judgment of the district court is vacated, and the case is remanded with directions to enter a judgment for damages in the amount of $222,000, and to include an injunction that precludes Thomas-Rasset from making any of the plaintiffs’ recordings available for distribution to the public through an online media distribution system.

Attorneys for Thomas-Rasset were not immediately available for comment. We’ll update the story as soon as we hear from them. The RIAA issued a brief statement: “We are pleased with the appellate court’s decision and look forward to putting this case behind us.” In 2007, the RIAA accused Thomas-Rasset of copyright infringement for sharing 1,700 copyrighted songs — the equivalent of 150 CDs. But the RIAA whittled down the number to 24. A jury heard the proof against her and rendered a $222,000 verdict against her. That decision was thrown out by U.S. District Court Judge Michael Davis in Minnesota after he acknowledged erring in his jury instructions. In 2009, Thomas-Rasset’s case was retried and again 12 jurors decide against her. This time, however, the jury awarded damages of $80,000 for each of the 24 songs she was accused of sharing for a total of $1.92 million. That award was again thrown out along with the verdict.

Read the full article here.

 

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Dec 8, 2012

Nov 1 2012 – Illegal file-sharer gets slapped with $1.5 million in damages

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In the largest BitTorrent damages award ever, a judge orders Kywan Fisher to pay an exorbitant amount of money for sharing 10 movies on the file-sharing site.

November 1, 2012 10:33 PM PDT

The damages award against illegal file-sharer Kywan Fisher will most likely send him to the poor house. Illinois federal court Judge John Lee ordered Fisher to fork out $1.5 million to adult entertainment company Flava Works this week, according to TorrentFreak. Flava Works sued Fisher for sharing 10 movies he’d previously paid for via BitTorrent. The damages award amount was reached by fining Fisher $150,000 per movie. This is the largest damages award ever ordered in a BitTorrent case.
Flava Works caught Fisher sharing its movies by tracing the illegal copies he was accused of sharing back to him using an encryption code inserted in the films he originally bought. ”Defendant’s conduct was willful to the extent that he copied or distributed Flava Works, Inc.’ intellectual property at least 10 times and caused the videos to be infringed or downloaded at least 3,449 times,” Flava Works wrote in a legal memo in support of damages. Hundreds of lawsuits have been filed against users who have illegally shared copyrighted material on BitTorrent. One of the most well known instances is when movie studio Voltage Pictures sued more than 27,000 individuals who allegedly downloaded the Oscar-winning film “The Hurt Locker.”

See the full article here.

 

 

 

Filed under Uncategorized
Dec 8, 2012