Man accused of pirating libel, emotional distress and invasion of privacy
Thousands of people have been sued in the U.S. for downloading and sharing copyrighted content via BitTorrent, without having rights to do so. Now, in a rare case, one of the defendants came back fighting. Jeff Fantalis counter-sued Malibu Media, a study Porn producer, who had accused him of downloading and sharing one of his films.
Media Malibu’s strategy is usually to get personal information of the accused through the legal process, and then try to reach an agreement with him for a few thousand dollars. The system usually works, why pay the settlement amount is usually cheaper than hiring a lawyer to defend himself. In addition, many are unwilling to have his name registered in a lawsuit for downloading porn movies.
Fantalis, however, decided to fight back. The man says he has never downloaded a porn movie in your life, and gathered a range of information on how the “copyright trolls” as Malibu Media in its counterclaim. Fantalis accuses these companies of harassment, extortion, and again insisted that the technologies used to determine the IP addresses from which material is discharged are not foolproof.
Fantalis also argues that such companies do not make efforts to remove the links from where you download content, because they want people to continue downloading to sue. Depending on the subject, companies like Media Malibu actually encourage the download of your equipment to run their demands and make money with it.
Fantalis sued for defamation, intentional infliction of emotional distress, abuse of process and invasion of privacy, requesting $ 1 million for each of the charges. He also wants a public retraction and an apology published in a local newspaper that is not smaller than a quarter page.
Finally, it argues that the Malibu Media movies can not be protected by U.S. Copyright law, indicating that the basic principle of this law is to “promote progress of science” or “useful arts”, where porn no place.
Let’s wait what the court says, but at least this Demand could be an example or basis for others who want to take the same path Fantalis.
Link: Accused pirate movie sues for defamation and millions in damages (TorrentFreak)Tags: BitTorrent, Copyright, Demand, Piracy, Porn