nsane.forums Posted January 18, 2011 Share Posted January 18, 2011 A lawsuit filed by Liberty Media Holdings 6th January 2011 sets out the basis for a potentially large and important case against file-hosting site, Hotfile.Liberty describes Hotfile Corp as a Panamanian company with no physical presence there and one that takes steps to “obfuscate the facts of its location, address, and principals.” The studio states that Hotfile’s owner is a Russian named Anton Titov, who may or may not be a resident of Bulgaria and/or The Netherlands, and who also may have a residence in Florida.A company called Lemuria Communications is also listed as a defendant. The company is claimed to be Hotfile’s webhost and an alter ego of Anton Titov. Hotfile is said to operate servers in Dallas, Texas and Florida.The studio goes on to list 1000 ‘John Doe’ defendants who it’s claimed “jointly and severally, with actual or constructive knowledge of or with willful blindness, reproduced and distributed certain LIBERTY-owned works through www.Hotfile.com.”PayPal is also named as a defendant on the basis that it offers financial services to Hotfile, Titov and Lemuria. Liberty demands that the court freezes defendants’ assets held by PayPal pending the outcome of the case.Liberty Media says that while Hotfile may have legitimate uses, its aim is “to profit from the illegal sharing of copyrighted materials, many of which are the intellectual property of LIBERTY,” material which the studio says is placed there by “an army of assistants.”These assistants, Liberty claims, are otherwise known as affiliates which together form a business model described as a “massive pyramid” of cascading payments from which Hotfile, but not copyright holders, profit.Liberty says it discovered more than 2,400 links to 800 of its titles stored on Hotfile and that the file-hoster used Lemuria Communications’ servers to achieve its “unlawful goals”.“Hotfile.com cleverly avoids cataloging or indexing the files in order to be willfully blind to their users’ uploads and downloads, while profiting from the site’s web traffic,” the lawsuit states, adding:“Demonstrating that Defendant Hotfile.com is aware of the illegality of its conduct, it offers two methods for download services. For its first option, Defendant Hotfile.com permits its partners to download a stolen movie at a very slow transfer speed for no charge. The other option allows users to pay a premium to download the movie ten times faster.”In respect of safe harbor, Liberty Media claims that while Lemuria had a registered agent as required under the Digital Millennium Copyright Act (DMCA) at the time of the infringements, Hotfile did not. As such it is “not entitled to the DMCA’s safe harbor provisions for the complained of infringements.” Liberty describes Hotfile as a massive copyright infringer which encourages affiliates to upload copyright material in order to attract further visitors to its website from which both the company and affiliates profit.With demands for a jury trial, Liberty Media claims Hotfile is guilty of inducing, contributory and vicarious infringement and wants statutory damages of $150,000 per infringed work.Furthermore, Liberty requests that the court seizes Hotfile’s domain name pending the outcome of the case.Article from: TorrentFreak, Covering Torrent Sites and News since 2005. View: Original Article Link to comment Share on other sites More sharing options...
irefay Posted January 19, 2011 Share Posted January 19, 2011 Because hotfile is the only host on the internet, this will work. Oh wait... Link to comment Share on other sites More sharing options...
HX1 Posted January 19, 2011 Share Posted January 19, 2011 Oh shit.. uhm money obtained by piracy... How much drug money moves through the legal system and the courts every year.. PFFft...Dead suit that will more than likely go nowhere.. and I always see files removed from Hotfile for infringement.. dead link so son and so forth so to say they even represent it themselves is ridiculous.. nor PayPal or the Host.. They are only after money.. there isn't any real meat or wrong being done... but as always we are shown that worthless bastards everywhere will profit and survive.. the only thing you have to do is be a POS... That what we want to really show these people.. and the fact that you have to coat with a nice coat of perspective.. at times when we have no stable infrastructure or laws explicitly outlining it.. oh wait there are.. aren't there..You know.. I think if a media company has no way to keep people from walking by and taking there stuff of the shelves and programmers can't protect themselves.. they should simply leave the Internet presence to ones who can exist there... have the tools and the knowledge to do so... Running around like the mob claiming everyone owes you money for nothing is ridiculous.. It would be laughable to all degrees of the thing...Evidence of intent of the criminal action at hand is non-existent... The only thing they do is host.. someone pays.. if it infringes its removed.. simply put.. The Media company needs to get off their ass and start doing something to protect themselves actively like others if they want ti to be protected and/or leave the market... Maybe they should seek to improved how they are doing it...Still not the fault of the DNS, ISP, The squirrel on the wires with his nuts.. the guy who worked on the fiber optics to keep them running his mom for giving birth... The farmer who raised the food who fed him as a child .. the owner of Hotfile.. the host.. the people who either knowingly or innocently uploaded files which are legally protected...( 50/50 right... ) ..or anyone else..but the responsibility here .. Lies somewhere else entirely... Link to comment Share on other sites More sharing options...
T0nyB Posted January 19, 2011 Share Posted January 19, 2011 Oh shit.. uhm money obtained by piracy... How much drug money moves through the legal system and the courts every year.. PFFft...Dead suit that will more than likely go nowhere.. and I always see files removed from Hotfile for infringement.. dead link so son and so forth so to say they even represent it themselves is ridiculous.. nor PayPal or the Host.. They are only after money.. there isn't any real meat or wrong being done... but as always we are shown that worthless bastards everywhere will profit and survive.. the only thing you have to do is be a POS... That what we want to really show these people.. and the fact that you have to coat with a nice coat of perspective.. at times when we have no stable infrastructure or laws explicitly outlining it.. oh wait there are.. aren't there..You know.. I think if a media company has no way to keep people from walking by and taking there stuff of the shelves and programmers can't protect themselves.. they should simply leave the Internet presence to ones who can exist there... have the tools and the knowledge to do so... Running around like the mob claiming everyone owes you money for nothing is ridiculous.. It would be laughable to all degrees of the thing...Evidence of intent of the criminal action at hand is non-existent... The only thing they do is host.. someone pays.. if it infringes its removed.. simply put.. The Media company needs to get off their ass and start doing something to protect themselves actively like others if they want ti to be protected and/or leave the market... Maybe they should seek to improved how they are doing it...Still not the fault of the DNS, ISP, The squirrel on the wires with his nuts.. the guy who worked on the fiber optics to keep them running his mom for giving birth... The farmer who raised the food who fed him as a child .. the owner of Hotfile.. the host.. the people who either knowingly or innocently uploaded files which are legally protected...( 50/50 right... ) ..or anyone else..but the responsibility here .. Lies somewhere else entirely...Nicely said. IMHO this is bs too... Link to comment Share on other sites More sharing options...
shought Posted January 20, 2011 Share Posted January 20, 2011 They demand PayPal to freeze funds, pending the outcome.They demand the seizure of the domain hotfile.com, pending the outcome.Which part of 'innocent until proven guilty' did they miss?If this holds in front of a judge then I will demand the seizure of Liberty's CEO (seizure as in epileptic seizure :P), pending the outcome. If the CEO is currently unavailable I demand 23,987 Bulgarian lev/day, pending the outcome. I'd also like to demand all Liberty's employees cats, dogs and virtually any other pets (except for those that stink) to be my possession, because they might have contributed to this blatant display of idiocy. And Obama, I'll certainly need Obama to be seized, for... being the president and letting this all happen?:rolleyes:(In can my point wasn't clear, it is: Liberty are a bunch of 'that thing which is referred to as 'wood' when erect'-suckers.) Link to comment Share on other sites More sharing options...
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