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Bittorrent Pirate to pay $1.5M

Posted at 03 November 2012 12:05 CET by Wombler

Would be porn pirate Kywan Fisher has just had the shock of his life after declining to defend himself in a copyright infringement lawsuit filed by porn producer Flava Works in the USA.

In what is believed to be the biggest ever file sharing award the Court levied the maximum $150,000 fine per movie making a total of $1,500,000 fine for distributing the ten copyrighted movies.

Fisher had downloaded the movies from Flava’s online pay to view service then uploaded and shared the contents via bittorrent. Unknown to Fisher though was the fact that Flava Works watermark all the movies they transmit online with a unique code personal to that individual subscriber, in this case Fisher.

Flava Works were therefore able to produce evidence showing that the films were all watermarked with the code specific to Fisher’s account and had been either viewed or downloaded 3,449 times.

Flava Works claimed deliberate and “wilful copyright infringement” and US Judge John Lee noted in his summation that in view of the lack of any defence he was forced to issue a default judgement in favour of the Plaintiff.

Fisher has been unavailable for comment and it’s not clear whether he intends to appeal or face bankruptcy. Ironically though, Fisher was one of fifteen people originally pursued by Flava Works and all these other cases were dropped earlier in the year due to lack of evidence.

Whatever Fisher is thinking now though not defending himself was clearly a very costly and colossal mistake.

TorrentFreak has more on this story here.

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There are 5 comments

MyCE Member
Posted on: 03 Nov 12 13:33
    It's about time for him to go and rob a bank.
    MyCE Die Hard
    Posted on: 03 Nov 12 14:16
      Was he able to get his $49.95 subscription fee returned on a Satisified-No-Questions-Asked basis?

      This is just so hilarious, though. Thinking with their heads.
      MyCE Resident
      Posted on: 03 Nov 12 16:51
        Most small-time porn sites wont' make 1.5 million dollars in their lifetime, let alone from a copyright lawsuit.
        MyCE Resident
        Posted on: 04 Nov 12 09:08
          Copyright law is definitely getting out of control. What's the average US salary? 50 or 60k per year? They're basically sentencing him to 20-30 years of servitude.

          I think its a cruel and unusual punishment (and the punishment doesn't fit the crime). White Collar crime gets off easier then pirating.
          MyCE Rookie
          Posted on: 04 Nov 12 11:20
            Eighth Amendment-

            Excessive fines clause is a clause of the Eighth Amendment to the U.S. Constitution which prohibits the imposition of excessive fines. Excessive fines clause limits the government's power to extract payments, whether in cash or in kind, as punishment for an offense. The touchstone of the constitutional inquiry under the excessive fines clause is the principle of proportionality. The amount of the forfeiture must bear some relationship to the gravity of the offense that it is designed to punish.
            A punitive forfeiture violates the excessive fines clause if it is grossly disproportional to the gravity of a defendant's offense.

            One may in theory use this as an argument in a U.S Court I'm not sure however folks are probably not educated about this law.

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