Follow Slashdot blog updates by subscribing to our blog RSS feed

 



Forgot your password?
typodupeerror
×
Piracy The Almighty Buck The Courts The Media

Pirate Bay Sports-Content Uploader Faces $32m Lawsuit 149

As reported by TorrentFreak, a New York man's large-scale pirating of Ultimate Fighting Championship videos via The Pirate Bay and KickassTorrents has landed him on the uncomfortable end of a $32 million lawsuit. From the article: "Known online as Secludedly, the man uploaded at least 124 events. As a result UFC parent Zuffa is hitting him with everything from copyright infringement, to fraud, to breach of contract. ... The lawsuit, which includes two other doe defendants and an unknown company Zuffa refers to as XYZ Corp (“a business entity, the exact nature of which is unknown”), centers around the unlawful recording (“capping”), uploading and distribution of more than 120 UFC events via two of the world’s biggest torrent sites. ... Also receiving a prominent mention from Zuffa is the fact that Secludedly allowed people to donate via a PayPal in order to help with the financing of future ripping and uploading activities."
This discussion has been archived. No new comments can be posted.

Pirate Bay Sports-Content Uploader Faces $32m Lawsuit

Comments Filter:
  • Happy to see it. (Score:5, Insightful)

    by Saei ( 3133199 ) on Saturday May 03, 2014 @03:58AM (#46906475)
    Content creators going after the uploaders rather than the torrent format or site? Good. That's doing it right.
    • by brainnolo ( 688900 ) on Saturday May 03, 2014 @04:08AM (#46906493) Homepage
      In principle, yes. But $32m? This means ruining this person's life forever, and all because he uploaded some sport shows. Sorry no, murderers have it easier, fraudsters (especially very big ones) have it much much easier, etc. Uploading shows, well it is somehow wrong, but it shouldn't cost you your life.
      • by Anonymous Coward

        Why don't we see the same thing happening when companies are found guilty of some crime? Microsoft being fined 50000000 billion would be similar.

        • Microsoft has more money to begin with so they can affort a higher fine. Any form of damages has to be weigted to be effective.

          • by Anonymous Coward

            That was the point. They too can be given a fine that simply is impossible for them to pay. I don't think they could pay 50000000 billion USD and this guy can probably not pay 32 million USD either.

          • by mestar ( 121800 )

            Did you even read the post you are responding to? MS has no 5000000 billion dollars.

      • Re: (Score:3, Funny)

        by Anonymous Coward

        In principle, yes. But $32m? This means ruining this person's life forever

        There's still the PayPal option. ;-)

      • That's just the risk inherent in doing something illegal. Sometimes someone gets caught, and that person needs to be made an example of to scare others away. Blame your government for cultivating a culture of fearmongering and backwards thinking.

        But let's be honest. If he actually does get the $32m fine then that just means he'll be paying a small sum every month until he hits the statute of limitation.

        It's not like they take all his money forever.

        • by Anonymous Coward on Saturday May 03, 2014 @04:46AM (#46906585)

          That's just the risk inherent in doing something illegal. Sometimes someone gets caught, and that person needs to be made an example of to scare others away.

          No, no, no. We're supposed to have a justice system. The punishment should always fit the crime, and people shouldn't arbitrarily be given harsher punishments just to deter others from committing the same crimes. That's unjust, and even if it is effective, we should reject it.

          Blame your government for cultivating a culture of fearmongering and backwards thinking.

          Not only the government, but the "Tough On Crime" morons.

          • by Anonymous Coward on Saturday May 03, 2014 @04:55AM (#46906599)

            Our implementation of "justice" is overrated. Psychology repeatedly shows that punishment is not effective. Criminology suggests that recidivism does not become less likely as the punishment increases. A "rehabilitation system" is what's needed, and what's always been needed: if someone harms society, do what's needed and humane to discourage them from harming society again. Anything else is primitive, knuggle-dragging moronism.

            • A "rehabilitation system" is what's needed, and what's always been needed: if someone harms society, do what's needed and humane to discourage them from harming society again. Anything else is primitive, knuggle-dragging moronism.

              You're so right!

              I too, burn with the desire to punish those "tough on crime" knuckle dragging morons!

            • by Type44Q ( 1233630 ) on Saturday May 03, 2014 @08:20AM (#46907137)

              A "rehabilitation system" is what's needed

              The guy isn't that warped; it's not as if he was uploading Pro Wrestling.

            • by Mashiki ( 184564 )

              We have a "rehabilitation system" in Canada, it doesn't work. For people who are serious offenders aka dangerous offenders, we usually end up locking them up forever anyway.

            • A "rehabilitation system" is what's needed, and what's always been needed: if someone harms society, do what's needed and humane to discourage them from harming society again.

              What form of "rehab" has ever proved more effective than hard time and the fine that bites --- hard?

              • by sjames ( 1099 )

                Pretty much any that engages the criminal with society under supervision and guidance rather than locking them away from it.It's not 100% effective, but arguably hard time and unpayable fines have a negative effectiveness.

                • It is not 100% effective and it isn't even proven to be better at all than a hard punitive system. All you have are the wild theories of some sociologists based on data and statistical methods that cannot be verified or adequately checked and even if they could do not point to this conclusion.
                  • by sjames ( 1099 )

                    Actually, the Nordic countries (particularly Sweden) are considered almost luxurious by U.S. standards and include prisoners going to a 9-5 job and returning at night. Their recidivism rate is well below the U.S. rate. So there it is, a practical example.

                    • Sure, crime rates are better there. On the other hand crime rates are even lower in the Emirates, Japan, Hong Kong and Singapore, for example where justice is punitive, much less interested in rehabilitation, and considerably harsher than in US.

                      In short you have no data to back up your assumption that rehabilitation produces better results.
                    • by sjames ( 1099 )

                      And you none that the punitive approach works best. So I suggest defaulting to not treating people with needless cruelty, we're supposed to be civilized.

                      BTW, it seems that you are incorrect about Japan [wikipedia.org]. They seem to have had a problem of prisoner abuse but also appear to be attempting to reform the reformers. I don't know how successfully.

                    • Japan is currently a punitive system just like US. There is about the same worry with rehab than there is in US, as happens with most of the countries with very low crime rates. Oh and although Finland and Denmark are relatively well regarding crimes, Sweden is one of the most violent countries in Western Europe, with one of the highest crime rates and Norway is at the top of rape statistics. And all Nordic countries have higher crime indexes than other Europeans countries which are more punitive and give l
                    • by sjames ( 1099 )

                      And you change your stance constantly and dodge the point.

                      Notably, Sweden's crime stats are distorted because some of the things taken quite seriously there are not even considered to rise to the level of crime in the U.S. For example, a simple spanking is a criminal assault in Sweden.

                      Given that the U.S. has a world leading rate of incarceration, it is clear that what we do here is a failure.

                    • Sorry, my friend, you are the one dodging the point. Sweden violent crime rates, especially murder rates are equally high.

                      US system has a lot of problems, but rehab is hardly a solution and the lack of rehab is certainly not the reason of US problems.
                    • by sjames ( 1099 )

                      Actually Sweden has a low murder rate which is why people started wondering why assaults would be higher.

                      There's no point in having a discussion if you're just going to make shit up.

                    • Sweden Murder rate is higher than Germany's, Spain's, Austria's, Slovenia's, Japan's, Singapore's, Hong Kong, The Emirates, Saudi Arabia, oh, and China`s. All countries that have at least the same posture than US regarding rehab. So basically, again, you have no argument.
                    • by sjames ( 1099 )

                      I know neither Germany nor Japan operate prisons the way the U.S. does. I suppose in the bizaro world in your head, nothing short of skinning litterers alive will do.

                    • Again trying to deviate from the point. Those countries do not focus on rehab and do not have more or better rehab programs than US. You can cherry pick as much as you like, but Sweden is in 31st position regarding homicides, there are 30 countries that are better than it, and most of those do not give a damn about rehab, and therefore your theory that rehab actually helps to combat crime is simply not supported by facts.

                      It is far more likely that rehab is completely orthogonal to crime control, and shou
                    • by sjames ( 1099 )

                      As is a punitive system.

                    • Really? Then find me a single country that do not use punishments as crime control, a country that does not have jails and where crimes are well under control? The punishment part is present in ALL countries. The rehab part is missing from most inclusive from most of those that are at the bottom of the list of crime index.
            • A "rehabilitation system" is what's needed, and what's always been needed

              Yeah, except it has never worked.

            • by Anonymous Coward

              Exactly. Look at prisons in say, Norway, as opposed to prisons in the USA.

              It's basic psychology that rewarding good behaviour is far more effective than punishing bad behaviour.

              • It is basically psychology that doing both works better than doing either separately. It is your own brand of ignorance thinking that punishing bad behavior can be avoided if you want to have laws that are respected. Norway does punish bad behavior by the way, Breivik, for example, will stay in jail for the rest of his life. Even though theoretically he was charged with just 20 years or so of prison, his release is subjected by the approval of a committee.

                That brings another point. Personally I prefer a
            • sad to see it. (Score:5, Insightful)

              by bzipitidoo ( 647217 ) <bzipitidoo@yahoo.com> on Saturday May 03, 2014 @12:36PM (#46908415) Journal

              if someone harms society

              This is an important point that should not be lightly passed over. Do uploaders harm society? Your comment appears to take it as a given that the answer is "yes". All your points about punishment and rehab may be relevant, if that's true. You say that punishment is not effective. Why isn't it effective? I suggest it is because in this instance the deed for which punishment is being meted out should not be a crime.

              If uploaders do not harm society, then the situation is very different. In that case, the law is outdated, wrong, cruel, and a tool of evil oppressors. Those who are sowing confusion and preventing the laws from being reformed have their own obvious agenda of maintaining a status quo that unfairly enriches them at the expense of everyone else. Where is our digital public library? And punishment looks not like justice, but mere brutality, and will not convince anyone. As arguments go, punishment is one of the weakest. Certainly exposes the establishment as ideologically bankrupt. Their other arguments, that artists will starve and we'll not have any more art, and that copying is stealing, are being seen more and more as plain wrong. All they have left are threats. Threats and punishments don't make Christians out of unbelievers and heretics, they just drive heresy underground.

          • by Anonymous Coward

            This is a lawsuit, and this is the amount of damages the plaintiff is asking for. This isn't a settlement amount or an award. Maybe wait to see what the final judgment in the case is before you whine about miscarriages of justice.

          • It isn't a fine. It is a business suing him for loss of income due to his practises. I am all for punishments fitting the crime, but I am also all for business seeking retribution for damages to their business, that isn't about punishment but about restitution. Whether the 32 million claim is ridiculous is up to a court to decide, but given it was 124 events it really doesn't take a lot to add up to that much.
            • As long as the retribution reflects the loss of income it is OK. Unfortunately nobody was able to prove to this day if there is a loss of income associated with this kind of piracy and much less how much it accounts for.
          • by tomhath ( 637240 )
            This is a civil suit, not criminal.
          • by mark-t ( 151149 )

            The punishment should always fit the crime, and people shouldn't arbitrarily be given harsher punishments just to deter others ...

            So should I take it from this that you disapprove of the notion of speeding fines being doubled during daylight hours inside of school zones? That is, after all, creating a harsher punishment to act as a deterrent.

            • by sjames ( 1099 )

              Arguably, speeding is one thing, but speeding even when notified that children will be likely to be crossing the street adds an endangerment element. Thus, it's not just adding more deterrent, it's punishing a greater offense.

        • by ledow ( 319597 )

          Let's say that one pay-per-view cost, say, $32 (for ease of the maths).

          Let's say that a thousand people downloaded it (likely MUCH more). That is a direct loss of $32,000 to the content creator (without even needing to fabricate things, because that content was pay-per-view).

          Let's say he did a thousand torrents (likely not much less). That's $32,000,000. Direct, provable, accountable loss. Without any form of exaggeration.

          The fact is that he won't end up paying $32m. If he is asked to, he'll have to de

          • by TWX ( 665546 )
            The only issue that I take with what you say isn't with your numbers of downloaders of the pirated content, rather that the availability of the pirated content has a 1:1 relationship with lost revenue.

            As has been rehashed over the years, there are lots of people that will download content that is free to them that would never have paid for it in the first place. There are also lots of people that will download content and never really play that content.

            So basically, if one wouldn't have paid for the
          • Yeah, Right. And I am gonna sue people providing free drinking water for $ 14 Trillion. Otherwise all the world's 8 Billion people would have bought my lemonade for $1 per bottle, 5 times everyday.
            Plus my costs for launching this MMSS (massively multi lawyer silly suit).

            • by sjwt ( 161428 )

              wow, total fail..

              you didn't own the water to start with, go home and try again..

              Now lets say this guy broke into your garage and stole several tones of your lemonade then gave it away for free, then you could sue him..

              • by ami.one ( 897193 )

                Thanks for the Lemons analogy. Just one correction:

                Consider that the lemonade was COPIED (recipe..)

                Your turn.

                • by S.O.B. ( 136083 )

                  Thanks for the Lemons analogy.

                  Hey, hey hey! This is Slashdot. No lemon analogies allowed.

                  Only car analogies and the more twisted the car analogy the better.

          • by Anonymous Coward

            Let's say he did a thousand torrents (likely not much less). That's $32,000,000. Direct, provable, accountable loss. Without any form of exaggeration.

            What are you, a moron?

            If 1000 people downloaded it, that does not mean all those 1000 would buy it in the first place.

            • Given the number of peers I see on fresh UFC and WWE torrents, 1000 people is probably around 10% of the actual downloaders. Even though he assumed 100% uptake, his numbers work with a 10% uptake which I would happily argue is a fair count of downloaded-instead-of-purchased viewers.

              • Taking random guesses is fine and all... when someone isn't in court. But can they provide hard proof of their claims? Why are copyright thugs not held to the same standard other people are? It seems like they just whine, "Real justice is hard! Make it easier for me to just accuse people of infringing upon my copyrights and win based solely on my own claims!" and then they get what they want.

                I guess that's what happens when our worthless 'representatives' are so easily bribed.

          • by AK Marc ( 707885 )

            If he is asked to, he'll have to declare himself bankrupt after paying the court what he can prove he can reasonably afford.

            Oh, have the laws changed again? I thought you couldn't wipe court ordered debts with bankruptcy. Those and student loans are with you to the grave.

            • Judgements are usually the first category to get discharged. It has always been this way. The only exception is if the lawsuit is over something that cannot be discharged even if it was outside of a lawsuit, such as student loan debt awarded by judgement.

              http://www.nolo.com/legal-ency... [nolo.com]

              This *may* be something he can't discharge, given that their allegations include fraud. However copyright infringement in and of itself...I imagine it could be discharged, but IANAL.

              • by AK Marc ( 707885 )

                debts owed to government entities (fines, taxes, court costs, restitution in criminal cases, etc.)

                So if it's a civil suit (as it is so far) then he has a chance to discharge it, but the criminal cases would be 100% non-dischargeable, as everything is either costs, fines, or restitution. But yes, looks like the non-fraud civil suits are more dischargeable than I thought.

          • Let's say that one pay-per-view cost, say, $32 (for ease of the maths).

            Let's say that a thousand people downloaded it (likely MUCH more). That is a direct loss of $32,000 to the content creator (without even needing to fabricate things, because that content was pay-per-view).

            Let's say he did a thousand torrents (likely not much less). That's $32,000,000. Direct, provable, accountable loss.

            just in case you're curious how THEY calculate it (i'd say RTFA and call you names, but since there's no link in the summary....)

            "The company is seeking statutory damages of $18.6m (150k * 124 instances) for copyright infringement, up to $13.64m (110k * 124 instances) plus $60,000 for breaches of the Federal Communications Act, plus sundry damages on the remaining counts."

            funny, if i use your method, i come up with 124 infringements * 10000+ downloads * $32 = about 400 million dollars. he's getting off eas

          • by sjames ( 1099 )

            Let's say that a thousand people downloaded it (likely MUCH more). That is a direct loss of $32,000 to the content creator (without even needing to fabricate things, because that content was pay-per-view).

            You can't assume that. Of those 1,000, how many saw the $32 pricetag on the PPV and decided they would rather do without? Or, put another way, for practically ANYTHING, how much more popular is it if it is free? How many own a Ferrari? Now compare to how many would accept a Ferrari if you gave them away with no strings attached. There are none in my neighborhood now, but there would be quite a few if they were giving them away.

        • If he actually does get the $32m fine then that just means he'll be paying a small sum every month until he hits the statute of limitation.

          What? What is this "statute of limitation"? And why do you think he'll be paying a small amount each month? If he can't pay he'll be forced into bankruptcy, unless the winner is willing to accept some other arrangement. But they won't. They want to break him.

      • by Anonymous Coward

        Murders will get 20 to life in the United States or the death penalty. If they get out early, they will be branded as violent convicts for the rest of their life. The time that they do spend behind bars will lead to a kind of emotional castration that many, if not most, former inmates do not fully recover from. No, murderers certainly do not have it easier. $32M is definitely painful, but the final amount the uploader would pay will be a fraction of that amount. The high dollar value is there to maintain th

      • Intimidating the rest of us, that's the word.

      • Come now, it wasn't some teenager uploading his music collection. It was someone systematically ripping an entire series of works and taking paypal donations. That's the moral equivalent of duplicating the latest movie and having a network of sellers flogging the movie outside all theatres on DVD for $1 a pop.

      • If you tried this with me, wear some bulletproof clothing.

        What? You fuck up my life, I will do my best to fuck up yours. 32m is something you will never get from me. 32 bullets, maybe, but 32m, never.

      • by Saei ( 3133199 )
        I hear that, and it's a good point. Although one should take note that the $32M is only alleged damages, and not the actual ruling. You can sue for any amount, but that doesn't mean the court will see merit in it.
      • That makes sense IF the person made some sort of mistake. For example if someone posts 'hey guys check out this crazy punch from UFC' and uploads short clip of it to you tube. The probably helps the company as free advertising more than any sort of copyright infringement.
        Someone who uploads 124 full fights to several different sites knows exactly what they're doing and are just give the finger to Zuffa; they deserve the full fury of the law upon them.

    • Comment removed based on user account deletion
  • No link to TFA? (Score:5, Informative)

    by Sqr(twg) ( 2126054 ) on Saturday May 03, 2014 @04:37AM (#46906557)

    Why is there no link to the f* article [torrentfreak.com] in the summary?

  • by thegarbz ( 1787294 ) on Saturday May 03, 2014 @04:37AM (#46906561)

    Seriously can you throw out court cases because the plaintiff accuses of too much bullshit? Copyright infringement, yeah I get that. But fraud? How is torrenting a video fraud unless the man's username was OfficialUFCDistributor or some other misrepresentation like that.

    But breach of contract? That should be a simple one. Show me the signed contract and THEN we can talk about how it was breached. Given that the person is going by username, and a company called XYZ corp I'm willing to bet Zuffa doesn't have a legally binding contract unless they routinely make contracts without any identities.

    • They were targeting the individual who ripped their shows from a cable TV broadcast. It probably seemed logical to them that someone who has cable TV signed a contract in order to get it.

      As they found out, people who make a career out of torrenting tend to live in their parents basement (and thus use their parents' cable subscription) so the "fraud" and "breach of contract" will likely be dropped.

      • Well damn it I'm going to sue him too. I mean he breached someone else's contract. I want my cut of that!

      • by m00sh ( 2538182 )

        They were targeting the individual who ripped their shows from a cable TV broadcast. It probably seemed logical to them that someone who has cable TV signed a contract in order to get it.

        As they found out, people who make a career out of torrenting tend to live in their parents basement (and thus use their parents' cable subscription) so the "fraud" and "breach of contract" will likely be dropped.

        He probably torrented it after downloading it from somewhere else. Turning a TV broadcast into a torrentable file takes some work.

    • by ledow ( 319597 )

      That person almost certainly agreed to a contract when they agreed to receive the copyright content into their devices that they subscribe to.

      Thus, breach of contract is EASY, and the contract will be written (or at the very least, legally enforceable - e.g. an online purchase contract).

      Additionally, if you are doing things in the contract to misrepresent yourself (e.g. a business rather than a personal, rebroadcasting rather than personal use), or even just modifying cable / satellite systems to illegally

      • The only person/company who can sue him for breach of contract is his content provider. He has no contract with the content producer (unless they are one and the same which is unlikely for a small sports promotion company like Zuffa).

        Now if Comcast owned the UFC rights, and Comcast was the cable company from which he ripped his service *that* would be breach of contract. Or if Comcast wants to sue him on behalf of Zuffa that too could be a breach of contract.

  • by Anonymous Coward
    $60-70 per event PPV. Seriously? Ain't no frickin' way. I hope all their shit gets uploaded into public domain!
  • These people will never reign in their greed. The upside is that they do not keep silent when they have identified somebody. So this can be used as a benchmark for a general anonymity level. Now, the distribution problem for filesharing is solved. Time to tackle the anonymity problem for distribution of large files. TOR is not going to cut it, at least not in its current form. Too slow and the only way to do anything would be via hidden service. Any bright CS PhD candidates out there that do not fear the me

    • The answer to pirates being caught pirating is better stealth technologies for pirates? Wow, which planet are you on?

      • by Opportunist ( 166417 ) on Saturday May 03, 2014 @08:06AM (#46907097)

        Well, it mainly depends on what side you root for. If getting caught breaking the law is the problem, and if you consider the law unjust, then the obvious solution for you is a better way to circumvent the law.

        For reference, see prohibition.

        • by tepples ( 727027 )
          Federal prohibition of alcohol got repealed about a decade later as it was found to be unworkable. State prohibition of cannabis is getting repealed as well, with federal executive orders to respect state decriminalization. But in this case there's no prohibition: you could always start an MMA club and release your own videos to compete with UFC.
  • is the fact that Secludedly allowed people to donate via a PayPal in order to help with the financing of future ripping

    What the heck is "a PayPal"?

    Is it a really cool?

  • He probably go caught by having a money liik to him through his paypal account. He would have been much harder to find without it.

  • two other doe defendants

    They're suing a deer? A female deer?

    • by Anonymous Coward
      I'm gonna be super-pissed if they sue Ray, he's a drop of golden sun. But don't worry about me and Egon, we can take care of ourselves.
  • by Anonymous Coward

    WWE knows that a lot of their PPVs and DVDs get pirated, so how do they deal with it? They start selling access to everything for only $10 a month. Monthly PPVs cost $40-$60 typically, and DVDs cost $10-$20. Now, fans can get all of that, with no work, on pretty much every platform, for only $10 a month on a six month commitment. I know many people who have subscribed when they would've used other means to obtain the content before.

  • by Anonymous Coward

    Seriously, downloading from a torrent site without using a VPN located in another country is stupid. Being a high profile content ripper / seeder without using a VPN or seedbox is jaw droppingly dangerous, especially if you live in the US. (Personally very happy with AirVPN BTW.)

THEGODDESSOFTHENETHASTWISTINGFINGERSANDHERVOICEISLIKEAJAVELININTHENIGHTDUDE

Working...