Feeds

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

Golfing vids featuring short game action off the fairway

SANS - Survey on application security programs

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. ®

High performance access to file storage

More from The Register

next story
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
Whoever you vote for, Google gets in
Report uncovers giant octopus squid of lobbying influence
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Alphadex fires back at British Gas with overcharging allegation
Brit colo outfit says it paid for 347KVA, has been charged for 1940KVA
Jack the RIPA: Blighty cops ignore law, retain innocents' comms data
Prime minister: Nothing to see here, go about your business
prev story

Whitepapers

Designing a defence for mobile apps
In this whitepaper learn the various considerations for defending mobile applications; from the mobile application architecture itself to the myriad testing technologies needed to properly assess mobile applications risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.