Feeds

Gay porn burglar must pay $150k for each grumble flick

Golfing vids featuring short game action off the fairway

Internet Security Threat Report 2014

A gay smut production company has won a $1.5m award against a bloke who shared ten of its movies via the Bittorrent protocol.

It's a very rare example of an ordinary individual being whacked with full US statutory damages for copyright infringement - $150,000 per infringement. That's because the defendant Kywan Fisher failed to show up in court, leaving the judge no option but to impose the default judgment.

Porn studio Flava Works Inc said Fisher's ten videos were downloaded 3,449 times. It was pursuing 15 infringers but the cases against the others were dropped for lack of evidence. In fact, Fisher was only nicked because he was a subscriber to Flava's websites including Flavamen.com, CocoBoyz.com and Thugboy.com. This allowed him to be identified by a unique digital code Flava had embedded in the files. The licence agreement, obviously, didn't extend to sharing the works or as US law puts it, "placing them in the stream of commerce".

Flava's case against Fisher can be found here.

The United States' statutory damages for copyright infringement were introduced as a deterrence; in the digital era only two internet users have been on the sharp end. But that's because both Jammie Thomas and Joel Tenenbaum were gagging for a fight and decided to challenge the copyright system in court - after getting wobbly legal advice.

Wisely, the recording industry decided that punitive damages against punters were counter-productive. The campaign against file sharers made justice look arbitrary, the RIAA lost money on the legal actions, and it made it look like a bully.

The US industry's current strategy is a voluntary "graduated response" scheme giving the infringer at least six warnings - but there are no strikes. No fines can be levied, the user will not be disconnected - but will be able to appeal to a process administered by the American Arbitration Association (AAA). The biggest ISPs including AT&T, Comcast, Time Warner Cable and Verizon have agreed to take part. ®

Remote control for virtualized desktops

More from The Register

next story
BIG FAT Lies: Porky Pies about obesity
What really shortens lives? Reading this sort of crap in the papers
Assange™ slumps back on Ecuador's sofa after detention appeal binned
Swedish court rules there's 'great risk' WikiLeaker will dodge prosecution
You think the CLOUD's insecure? It's BETTER than UK.GOV's DATA CENTRES
We don't even know where some of them ARE – Maude
prev story

Whitepapers

Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
How to determine if cloud backup is right for your servers
Two key factors, technical feasibility and TCO economics, that backup and IT operations managers should consider when assessing cloud backup.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Security and trust: The backbone of doing business over the internet
Explores the current state of website security and the contributions Symantec is making to help organizations protect critical data and build trust with customers.