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| Movie Studios Demand Millions From Megaupload in New Lawsuit Posted: 08 Apr 2014 01:22 AM PDT
Previously there have been some rumors that the MPAA was working on a lawsuit and this has now been confirmed. Twentieth Century Fox, Disney, Paramount Pictures, Universal, Columbia Pictures and Warner Bros. have teamed up and filed a complaint in a Virginia District Court. The lawsuit is filed against Megaupload, Kim Dotcom and the former employees Mathias Ortmann and Bram Van Der Kolk. The same defendants are also part of the ongoing criminal proceedings by the U.S. Government, and the complaint itself raises many of the same allegations that were put forward in the indictment. The movie studios describe Megaupload as a business that was designed to facilitate copyright infringement and are looking for millions of dollars in damages. One of the problems they describe is that, after a DMCA notice was received by Megaupload, it would only remove the URL while the actual file and other URLs pointing to that file would remain intact. The movie studios claim that this was done to ensure that the most popular infringing files remained available. However, they fail to mention that removing the actual files would be overbroad and wrong in some instances. For example, if an artist stores his files on Hotfile but wants to take unauthorized copies offline, he or she would not want Megaupload to delete the original as well. Megaupload’s reward program is also cited as a piracy promoting tool by the studios. According to the complaint it was set up to reward people who shared popular content, which would often be pirated movies. The rewards therefore served as an incentive to share links to Megaupload in public and advertise these through other sites. This point is also raised by MPAA’s Steven Fabrizio, who notes that Megaupload wasn’t a cloud storage service but an “unlawful hub for mass distribution.” "Megaupload was built on an incentive system that rewarded users for uploading the most popular content to the site, which was almost always stolen movies, TV shows and other commercial entertainment content. It paid users based on how many times the content was downloaded by others – and didn't pay at all until that infringing content was downloaded 10,000 times,” Fabrizio explains. TorrentFreak spoke to Megaupload lawyer Ira Rothken who believes that this new case might show that Hollywood and the U.S. Government have little faith in the criminal proceedings. “Megaupload believes that the suit lacks merit and we will vigorously defend against the claims,” Rothken tells TF. “The MPAA is apparently concocting a civil claim out of desperation two years after the indictment because it is likely that they and Department of Justice believe the pending criminal allegations lack merit, as there is no such thing as secondary criminal copyright infringement" Rothken stresses that Megaupload was predominantly used for backup, and not for file-sharing as the complaint suggests. The movie studios paint a distorted picture of Megaupload according to the lawyer, who notes that the money paid out to uploaders was minimal, and that terminating the rewards program didn’t affect the number of visitors. “The amount of money paid out in the rewards programs was tiny and a rounding error compared to revenue. The rewards program was halted about six months before the indictment with no resulting drop in traffic – it was copyright neutral,” Rothken explains to TF. The case promises to be a vital one for the future of cloud hosting services in the United States, and a backup plan for when the criminal case fails. The MPAA previously settled its lawsuit against Hotfile, and hopes for another win against Dotcom and his colleagues. Megaupload, however, believes it is protected by the DMCA safe harbor and is determined to show that the movie studio’s allegations are meritless. In addition to the lawsuit filed this week, Megaupload has also been sued by Microhits in 2012. This case has been frozen pending the outcome of the criminal proceedings. Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Game of Thrones Premiere Triggers Piracy Craze Posted: 07 Apr 2014 10:16 AM PDT
The unprecedented demand caused trouble for the HBO Go service, which crashed and was unreachable for several hours on end. This outage probably motivated some to look for unauthorized copies, which were widely available through dozens of torrent sites soon after the episode finished. Unlike HBO Go, downloads via BitTorrent actually benefit from the increased interest, which usually means that downloads finish faster. And indeed, there has been plenty of interest in unauthorized copies of the Game of Thrones season premiere. Data gathered by TorrentFreak reveals that half a day after the first episode appeared online over a million people have already grabbed a copy via a torrent site. Earlier this morning, more than 300,000 people were actively sharing one of the three most-popular torrents. The number of downloads is roughly the same as last year, but the season premiere didn’t set a record for the largest BitTorrent swarm, most likely because there were multiple popular copies available. The most shared torrent file had around 140,000 people sharing at once at its height this morning.  During the days to come the number of downloads is expected to grow by several millions. Last year Game of Thrones became the most pirated TV-show for the second time, and with today’s numbers it is well on its way to securing the title for another year. In addition to the downloads, we also looked at the countries people were sharing from. A sample of 18,333 IP-addresses collected over the day shows that Australia takes the crown with 11.6% of the total. The United States is a good second with 9.3%, followed by the United Kingdom with 5.8%. The number one spot for Australia is all the more impressive since it has a population of just over 22 million people, relatively small compared to the other two countries. Looking at the city level we see that most downloads (during the first half day) come from Melbourne, before Athens and Sydney. So, why are all these people pirating Game of Thrones? As always, there are many reasons why people may choose torrents or other pirate sources. In some cases there is simply no legal alternative, because of licensing issues for example, or due to technical troubles such as those suffered yesterday by HBO Go. In other cases the legal options are too limited, restrictive, or expensive. The reasons above are not exhaustive of course, there are many more reasons why people turn to BitTorrent. For some it’s become a habit that will be hard to break, no matter where they live and how good the legal alternatives are. If there are any Game of Thrones pirates reading this, let us know what drives you in the comments. — Note: To clarify, the IP-address sample was collected during the first 12 hours, which means that there’s a geographical bias. Also, downloaders who use VPNs may appear to be in a different country.
Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
A few months ago the U.S. Department of Justice 
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