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Hotfile to countersue Warner Bros. over anti-piracy abuse

Written by Andre Yoskowitz (Google+) @ 17 Aug 2011 13:17 User comments (14)

Hotfile to countersue Warner Bros. over anti-piracy abuse The once-popular cyberlocker Hotfile is preparing to countersue Warner Bros., whilst currently in the middle of a lawsuit brought against it by the MPAA and its member studios.
In February, the MPAA sued Hotfile, run by a man in Florida, after the site saw such huge growth that it became a top 100 site in the world, in regards to traffic.

Cyberlockers, like Hotfile and Fileserve (and the fathers of the industry, Rapidshare and Megaupload) allow users to upload and share all files they want, and many use the platforms to share movies and music, while collecting an income. Hotfile, for example, paid $20 for every 1000 downloads of a user's file (with other conditions).

Despite shutting down some of its biggest uploader's accounts, Hotfile has not really gone down without a fight and a judge has so far thrown out the MPAA's case for direct copyright infringement.

Hotfile is also demanding that the film industry begin sharing its anti-piracy investigation techniques with the world, including why DMCA takedown notices are sent and they found such files. The MPAA has flatly said no, saying they are sensitive trade secrets.

The cyberlocker claims that they need the info to defend itself, but also so they can countersue Warner Bros., who is believed to be abusing its anti-piracy abuse by sending take down notices and deleting files that they do not own.

Of course, the countersued cannot be started until this info is procured from the MPAA. There is a deposition scheduled, which the MPAA says is only important "so that Defendants may satisfy themselves that there is no basis for any claim."

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14 user comments

117.8.2011 15:40

here is to hoping that the judge assigned to rule on hotfile's request is reasonable.

219.8.2011 11:28

Trade secrets!?! That implication right there alludes to WB's anti-piracy investigative techniques are for the purpose of making "money" & little else. Poor choice of verbiage if you ask me.

Facts are, Hotfile (and any other human being on the planet) has the constitutional right to know exactly how/why they were being brought up on charges and it is the court's duty to know how the process works as well. Otherwise, the flawed plan can implicate ANYONE for anything, thus a piss poor job on the prosecutions half on proving their case.

Think of it in this fashion... Here in the US when "fuzz busters" (radar detectors in folks cars) 1st came out, law enforcement went off the deep end. They pissed & moaned just a fervor that the judicial system up & followed suit. IOW, they tried to outlaw the use of these detectors & invoke BS fines for being caught with one in your car/truck.

Problem is that our country recognizes a persons need to know where the cops are just as much as the cops need to know where you are, thus making the whole thing unconstitutional. I.e., the police's techniques were under the hospices that you're guilty at all times. A brutally unfair assessment if you ask me.

Yet when you go to court for a speeding ticket, you have a right and the police are mandated to tell the court (in detail) just how it was that you were caught speeding. Simple as this is, the same mandate crosses the board in all crimes brought before a court.

Therefore, if the film industry thinks they can just place blame & not prove the hows & whys of their accusations, they are sorely mistaken.


319.8.2011 12:26

I agree Russ with the sentiment of what you are saying however there are some holes in your examples and I think it shows how times are changing. Radar detectors are against the law in some states like Florida and of course Canada but that's not the US. Police use entrapment more than ever and drive more and more unmarked cars. Prosecutors can put away supposed criminals’ with little to no evidence and get upset when DNA is used to remedy their errors which you really got to love. Big money can buy a decision. These are only a few examples of how our rights and freedoms’ have been compromised.

Hotfile should be awarded this information but my best guess is that the judge will side with the MPAA, let's hope not.

419.8.2011 12:41

Originally posted by Mr-Movies:
I agree Russ with the sentiment of what you are saying however there are some holes in your examples and I think it shows how times are changing. Radar detectors are against the law in some states like Florida and of course Canada but that's not the US. Police use entrapment more than ever and drive more and more unmarked cars. Prosecutors can put away supposed criminals’ with little to no evidence and get upset when DNA is used to remedy their errors which you really got to love. Big money can buy a decision. These are only a few examples of how our rights and freedoms’ have been compromised.

Hotfile should be awarded this information but my best guess is that the judge will side with the MPAA, let's hope not.

Radar detectors are not against the law in Florida.

519.8.2011 13:01

I have a place in Florida and I was pretty sure they are but they definately are in other states as this shows from Wiki and still supports my point.

Quote:
Law varies from state to state, but detectors are generally legal in private vehicles under the Communications Act of 1934 and illegal in commercial vehicles by DOT regulation (49 CFR 392.71). Exceptions:

* Illegal in all vehicles: Virginia, Washington D.C., U.S. military bases.
* Illegal in commercial vehicles under state law: Illinois, New York, New Jersey (specifically, commercial vehicles over 10,000 pounds (4,500 kg) and all vehicles over 18,000 pounds (8,200 kg)) Also illegal in all commercial vehicles over 10000 lbs under US federal law.
* Prohibitions against affixing items to windshield - "obstructing vision"): Minnesota, California.
* Repealed: Connecticut (repealed in 1992).

This message has been edited since its posting. Latest edit was made on 19 Aug 2011 @ 13:04

619.8.2011 14:26

@MrMovies... You're correct. I could have gone into more finite detail that you spoke of, but I had already turned into a wordy colander of angst with what had already been typed.

Entrapment is a huge problem across the board with most if not all law enforcement. I don't think there are any cultural or geographical limitations to that whatsoever. Plus I would have been redundant in slamming the money elitists for their ability to buy guilt or innocence (be it either side of a legal issue).

Not to mention, as the last couple of comments, the law seems to flip/flop as a fickle school girl does with any entertainment finger banging sensation.

It would be nice if our judicial system (as well as the money pits) would recognize everyone with an opposable thumb (primates need not apply) as actually being human. But then I guess money buys the notion that folks without money are lesser in all aspects of life.

Kind of like my anecdotal observation of the military's rank structure & the perceived notion that the higher the rank somehow equates to instantly producing a smarter individual.

This message has been edited since its posting. Latest edit was made on 19 Aug 2011 @ 14:28

719.8.2011 15:18

Originally posted by LordRuss:
@MrMovies... You're correct. I could have gone into more finite detail that you spoke of, but I had already turned into a wordy colander of angst with what had already been typed.

Entrapment is a huge problem across the board with most if not all law enforcement. I don't think there are any cultural or geographical limitations to that whatsoever. Plus I would have been redundant in slamming the money elitists for their ability to buy guilt or innocence (be it either side of a legal issue).

Not to mention, as the last couple of comments, the law seems to flip/flop as a fickle school girl does with any entertainment finger banging sensation.

It would be nice if our judicial system (as well as the money pits) would recognize everyone with an opposable thumb (primates need not apply) as actually being human. But then I guess money buys the notion that folks without money are lesser in all aspects of life.

Kind of like my anecdotal observation of the military's rank structure & the perceived notion that the higher the rank somehow equates to instantly producing a smarter individual.
That's funny Russ and I know how you feel we tend to be cut from the same cloth in many ways. I truly agree with your slant on military ranks and the fact that sometimes shat floats, paraphrasing of course.

LOL

820.8.2011 9:08

Originally posted by Mr-Movies:
That's funny Russ and I know how you feel we tend to be cut from the same cloth in many ways. I truly agree with your slant on military ranks and the fact that sometimes shat floats, paraphrasing of course.

LOL
Paraphrasing & semantics... My inability to 'float' within those two confines got me an all expense paid trip to Korea back in 97. Or was it my inability to keep my inner dialog to myself the problem?

I'll go with boisterous E3 telling E7 how the world turns... Such is the kingdom of LordRuss.

920.8.2011 12:21

Some E7's just don't have a sense of humor I would guess? LOL It's never a win to oppose the higher in rank even in the commercial business world.

1020.8.2011 13:08

Yeah, but I had the benefit of being REALLY good at what I did, so the commercial atmosphere put up with me. The military taught me the value of silence. Kind of to the tune of a high colonic with a fire hose...


1121.8.2011 16:48

I suspect some of their techniques are illegal. That has happened before. That has stopped the music industry's massive push 5-8 yrs ago. They were caught paying hackers to hack into computers to get their info. They were using felony methods to extract info about quasi-legal habits. They have never proved that downloading copyrighted material is actually breaking the copyright law.

Of course in the US, a robber can sue a house owner for having an unsafe house if he trips and gets hurt. You can sue someone for anything if you have a good lawyer.

124.9.2011 13:46

Wow... Enough already with trying to stop online piracy...IMPOSSIBLE! Instead, why not channel all that money wasted harassing normal folks into ways that makes media more appealing than piracy. If you don't market your product in a way that drives consumers to purchase then they won't..

134.9.2011 17:19

That's been the argument all along! Price your product reasonably and most people will avoid piracy. Charge way too much and everyone will pirate or try too. Pretty damn simple really but greed always gets in the way especially when you have a monopoly in a given market.

144.9.2011 17:57

Originally posted by CaptHook:
Wow... Enough already with trying to stop online piracy...IMPOSSIBLE! Instead, why not channel all that money wasted harassing normal folks into ways that makes media more appealing than piracy. If you dont market your product in a way that drives consumers to purchase then they wont..
Amen..

I like to think the piracy started based on the publics want for more, the next level of service, if you will.
Honestly before devices like the iPhone, look at how much companies had the attitude, "You'll like what we think you'll like." Don't like people stealing your music? Charge less then $15 for a shitty CD with 1 hit on it. Which they have started to change.
Want people to stop downloading movies? Find a way to get to them, faster, cheaper, and without your bs... Every other industry in the world has to change to customer demands to survive with the exception of at least 3 I know of.. (Gas companies, movie industry, and music industry). Because they had the money to rule the roost.. Now that they're losing the upper hand, you hear the crying.. To bad it had to be "illegal".. It shouldn't have had to come to piracy.. Remember your parents telling you, you had to lie in the bed you made?

For instance...
Disney wanted "Chicken Little" DVDs to be sold AT THE THEATER..The day of the release... Movie theaters screamed their a$$es off... What would have happened if it had been a go? How would the business model faired if you could go... DAMN that was a good movie. I want to take it home now! I wanna see scene "such an such" again!
Come to think about it... Here's the reason. They put out shit and know it. Can you ask for your money back? NO? Why the hell not? Because they know they're screwing you.. They just want to get whatever they can and run..
This message has been edited since its posting. Latest edit was made on 04 Sep 2011 @ 18:03

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