AfterDawn: Tech news

Man loses copyright case brought by porn studio, may now have to pay over a million

Written by Andre Yoskowitz (Google+) @ 23 Jul 2014 15:18 User comments (17)

Man loses copyright case brought by porn studio, may now have to pay over a million Don Bui, an immigrant from Vietnam who is now a naturalized US citizen, will possibly owe porn studio Malibu Media $1.7 million after the judge ruled against him in a copyright case.
The studio has filed thousands of lawsuits against "John Doe" defendants in the U.S., collecting a couple of thousands of dollars from scared file sharers who do not want to go to court. Nearly all of the cases have been settled but Bui decided to let the case go to judgement.

Bui admitted to downloading and keeping 57 unauthorized Malibu Media movies from Kickass Torrents. He tried to blame the torrent protocol and Kickass Torrents, however, claiming that he had no idea how torrents work saw nothing wrong in "ordering movies" from Kickass Torrents. The torrent tracker should have told users that the files were unauthorized, argued the lawyer who went as far as to call Malibu "copyright trolls," a term they have heard countless times in the past years.

Read US District Court Judge Jonker's ruling:
Defendant has some quarrels with the details of how BitTorrent works, but nothing that the Court sees as a fundamental or material issue of fact. Even as Defendant describes the facts, using BitTorrent technology, he ultimately winds up with 57 unauthorized copies of Plaintiff's works--copies that did not exist until Defendant himself engaged the technology to create new and unauthorized copies with a swarm of other users. True enough, the process is not identical to the peer-to-peer file sharing program in Grokster. It is, however, functionally indistinguishable from the perspective of both the copyright holder and the ultimate consumer of the infringed work. In both situations, the end user participates in creating a new and unauthorized digital copy of a protected work. It makes no difference from a copyright perspective whether the infringing copy is created in a single wholesale file transfer using a peer-to-peer protocol or in a swarm of fragmented transfers that are eventually reassembled into the new infringing copy."


Bui now faces damages of between $750 and $30,000 per work, meaning he could be on the hook for $1.7 million.

Bui's attorney James Mitchell had some harsh words for the studio, besides just calling them trolls. He said Malibu used Kickass Torrents as a "honey pot" to trap downloaders and then scare them into settling for thousands before a trial. "[Malibu] seeks to take advantage of the generous statutory damage allowance imposed by the Copyright Laws, which was intended to punish those who were reproducing and distributing hundreds of thousands of pirated works. These statutory damage provisions were not originally intended to impose damages of $750 or more against a poor sap who downloads a $20 movie. The advent of the computer age, however, allows copyright trolls to harass into bankruptcy individuals, many of whom like Don Bui are doing nothing more than was done by a music store customer who unwittingly purchased a pirated CD," he added.

The real moral of the story is that if you have to download porn, stop getting it from public trackers. Your ignorance plea is not going to fly.

Source:
Ars

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17 user comments

123.7.2014 17:29

I do feel bad for this guy. He gets naturalized then straight jacked by the capitalism of the U.S. of F'ing A. Next time use PeerBlock! While it's not fool-proof, it is a substantial means of protection.

Been using Peerblock for 7+ years now and while all the goofs on here, the interweb in general and a slew of my own friends have gotten DMCA notices or fines.............I have been without!

Network engineer here people.........before downloading illicit content, perhaps people should be consulting with tenured pros like myself and many others in order to gain SOME protection and some inside perspective.



And frankly people have a MASSIVE MULTITUDE of online streaming choices that are vastly more extensive than anything that can be individually downloaded. Choices like Redtube, xnxx, etc.

This being the case........I don't feel TOO BAD for this guy.

This message has been edited since its posting. Latest edit was made on 23 Jul 2014 @ 17:31

223.7.2014 18:08

Talk about getting fucked.....

Use PeerBlock and DO NOT install IPv6.

Also, Malwarebytes has an IP Filter so use both of these.

Finally, get an NNTP account and only torrent if you can't find it elsewhere.


323.7.2014 18:53

Never heard anything so stupid in all my life. How can a single person pay back that amount? The court decision is wrong. Malibu Media can go f...k themselves.

424.7.2014 3:08

There's nothing unique about any single porn flick,
they're all the same plot: "Pole meets Hole... Done"
Why even bother downloading porn in the first place!

524.7.2014 14:06

Originally posted by MagengarZ:
...Why even bother downloading porn in the first place!
Agree.
I like xvideos ...is like You-Tube of porn. Always updating.
This message has been edited since its posting. Latest edit was made on 24 Jul 2014 @ 14:08

Live Free or Die.
The rule above all the rules is: Survive !
Capitalism: Funnel most of the $$$ to the already rich.

624.7.2014 14:21

Originally posted by Discmania:
Never heard anything so stupid in all my life. How can a single person pay back that amount? The court decision is wrong. Malibu Media can go f...k themselves.
Actually it could be considered unconstitutional as civil courts are not allowed to impose what are obviously punitive fines. You can only sue for damages and it's speculative how much that might actually be... What was his upload/download ratio? Perhaps THAT should be taken into account by the court instead of their whinging lawyer! At $20 per movie it might not have been that much I'm willing to bet.

Its a lot easier being righteous than right.


DSE VZ300-
Zilog Z80 CPU, 32KB RAM (16K+16K cartridge), video processor 6847, 2KB video RAM, 16 colours (text mode), 5.25" FDD

724.7.2014 15:00

Originally posted by Mrguss:
Originally posted by MagengarZ:
...Why even bother downloading porn in the first place!
Agree.
I like xvideos ...is like You-Tube of porn. Always updating.
Yeah, xvideos is cool. always something different there, no need to even download from there because there's plenty of stuff to watch.

824.7.2014 21:35

Originally posted by MagengarZ:
Originally posted by Mrguss:
Originally posted by MagengarZ:
...Why even bother downloading porn in the first place!
Agree.
I like xvideos ...is like You-Tube of porn. Always updating.
Yeah, xvideos is cool. always something different there, no need to even download from there because there's plenty of stuff to watch.
hell ya, I watch xvideos while I'm taking a dump sometimes because I'm just bored. There are a lot of videos to stream watch.
This message has been edited since its posting. Latest edit was made on 24 Jul 2014 @ 21:35

924.7.2014 23:14

Originally posted by MagengarZ:
Why even bother downloading porn in the first place!
Can't disagree with that.


I found this telling:
Quote:
...Malibu used Kickass Torrents as a "honey pot" to trap downloaders and then scare them into settling for thousands before a trial. "[Malibu] seeks to take advantage of the generous statutory damage allowance imposed by the Copyright Laws...
That's clear abuse of the law by Malibu. They probably make more out of this racket than their shitty movies. And, like I said, the stooge of a judge, who pretends to understand the tech involved, hasn't taken into account the guy's actual U/D ratio per flick. It's easy to check. I'm willing to bet (again) they don't dare because it would amount to actually quantifying the amount of sharing involved and not some vague speculative "we're so hurt by this" argument.


Its a lot easier being righteous than right.


DSE VZ300-
Zilog Z80 CPU, 32KB RAM (16K+16K cartridge), video processor 6847, 2KB video RAM, 16 colours (text mode), 5.25" FDD

1025.7.2014 0:24

Originally posted by Jemborg:
Originally posted by MagengarZ:
Why even bother downloading porn in the first place!
Can't disagree with that.


I found this telling:
Quote:
...Malibu used Kickass Torrents as a "honey pot" to trap downloaders and then scare them into settling for thousands before a trial. "[Malibu] seeks to take advantage of the generous statutory damage allowance imposed by the Copyright Laws...
That's clear abuse of the law by Malibu. They probably make more out of this racket than their shitty movies. And, like I said, the stooge of a judge, who pretends to understand the tech involved, hasn't taken into account the guy's actual U/D ratio per flick. It's easy to check. I'm willing to bet (again) they don't dare because it would amount to actually quantifying the amount of sharing involved and not some vague speculative "we're so hurt by this" argument.

You're right. And it can't be any more Truer than That.

I'll even bet the judge himself does more d/loading
of porn than most folks in that courtroom......

....... "Gorillas In The Midst" ....

video clips of Sweet Brown's "Aint Nobady Gat Time Fo Dat!"...

Uuuuh! the poor lonely miserable judgey-wudgey. lol XD

1125.7.2014 2:41

To be all honest if this guy is uploading this much and involved in the torrents, its common knowledge the porn industry are the ones actively pursuing violators. He should have been using a VPN/Proxy or at least peer block for that matter.

I I were him I would have gave them the finger, let them take me to court and roll me over for the 1.7 mil. Walked out filed bankruptcy and never looked back as he would no longer be responsible for charges the companies legal and attorney fees are very real and very much owed and will be paid. Then the company has to question themselves we just sued this guy and paid $200k-300k for legal expenses and we aren't getting a dime? Wow that was cost effective maybe we should have taken example from the RIAA and let it go.

1225.7.2014 3:05

Originally posted by Menion:
To be all honest if this guy is uploading this much and involved in the torrents, its common knowledge the porn industry are the ones actively pursuing violators. He should have been using a VPN/Proxy or at least peer block for that matter.

If I were him I would have gave them the finger, let them take me to court and roll me over for the 1.7 mil. Walked out filed bankruptcy and never looked back as he would no longer be responsible for charges the companies legal and attorney fees are very real and very much owed and will be paid. Then the company has to question themselves we just sued this guy and paid $200k-300k for legal expenses and we aren't getting a dime? Wow that was cost effective maybe we should have taken example from the RIAA and let it go.
I never thought that move could be possible.
And I wonder if that guy has an attorney who is thoroughly explaining him his rights, since he had just recently immigrated here to the U.S.; to suddenly get hit with this lawsuit, he must be nervous as heck, too; not sure what to do or how to handle it;
and how well he understands English to interpret what is being done to him so that along-side his attorney he can have the legal means to defend himself.
As an immigrant, that Malibu company is trying to make a severe example of him, and taking extreme advantage of his situation regarding this case. I hope he wins, as a slap to Malibu's face.

1325.7.2014 11:38

Wow, I do feel sorry for this new US of A citizen. Try a magazine and your imagination next time.

1425.7.2014 15:48

Originally posted by DADEO1:
Wow, I do feel sorry for this new US of A citizen. Try a magazine and your imagination next time.
Danny McBride: What the f*** is wrong with you, Franco? You have iPad's all over the godd*mn walls in your house, but you jack off like a f*****' pilgrim!

James Franco: That's right man, I like to read!

1526.7.2014 2:17

Originally posted by SProdigy:
Originally posted by DADEO1:
Wow, I do feel sorry for this new US of A citizen. Try a magazine and your imagination next time.
Danny McBride: What the f*** is wrong with you, Franco? You have iPad's all over the godd*mn walls in your house, but you jack off like a f*****' pilgrim!

James Franco: That's right man, I like to read!
LMAO!!!!!!! XD

1626.7.2014 5:52

Originally posted by MagengarZ:
Originally posted by Menion:
To be all honest if this guy is uploading this much and involved in the torrents, its common knowledge the porn industry are the ones actively pursuing violators. He should have been using a VPN/Proxy or at least peer block for that matter.

If I were him I would have gave them the finger, let them take me to court and roll me over for the 1.7 mil. Walked out filed bankruptcy and never looked back as he would no longer be responsible for charges the companies legal and attorney fees are very real and very much owed and will be paid. Then the company has to question themselves we just sued this guy and paid $200k-300k for legal expenses and we aren't getting a dime? Wow that was cost effective maybe we should have taken example from the RIAA and let it go.
I never thought that move could be possible.
And I wonder if that guy has an attorney who is thoroughly explaining him his rights, since he had just recently immigrated here to the U.S.; to suddenly get hit with this lawsuit, he must be nervous as heck, too; not sure what to do or how to handle it;
and how well he understands English to interpret what is being done to him so that along-side his attorney he can have the legal means to defend himself.
As an immigrant, that Malibu company is trying to make a severe example of him, and taking extreme advantage of his situation regarding this case. I hope he wins, as a slap to Malibu's face.
I would have to say Torrenting isn't just and American thing, after all the most resilient tracker of all time is from Sweden. The laws are the same nearly everywhere world wide, some countries prosecute more than others but regardless I as the judge wouldn't buy the ignorance act.

on the other hand I could see where ha would have no clue on the fact he can save money with a court appointed attorney or simply representing himself. There is a motion that can be filed to try and prevent the fines from being diminished but they have to have enough reason to file that motion and have it granted to begin with.

Though on the contrary as of 2005 with new federal rulings, you pretty much have to have an attorney involved in bankruptcy proceedings and I'm sure they could quickly have any such motion overturned as litigation debts are not protected under chapter 7. Im sure with 1.7mil of debt hes going to find this out quickly as the last person that went through this jamie something found the appeals process really did nothing but waist time and money in the end.

1726.7.2014 14:15

Everybody who's have a court appointment for any reason, in any country:
Take in mind that the "Justice System" all they want is your money in the name of the big Sharks business, corporations, etc. they protect !
...knowing this, just plea No-Guilty until the end of time, and not give any single dollars to those scammers representing the Law.

F-THE-SYSTEM and all those behind to make profits from it !!!

This message has been edited since its posting. Latest edit was made on 26 Jul 2014 @ 14:19

Live Free or Die.
The rule above all the rules is: Survive !
Capitalism: Funnel most of the $$$ to the already rich.

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