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ExtraTorrent.cc > Articles > File-Hosting Service Lost Lawsuit against Adult Movie Label

File-Hosting Service Lost Lawsuit against Adult Movie Label

File-Hosting Service Lost Lawsuit against Adult Movie Label

Added: Tuesday, August 14th, 2012
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
The gay adult movie label Corbin Fisher is happy with federal judge decision saying that the file-hosting service Oron.com and its operators have to pay $550,000 in damages plus attorney’s fees.

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Corbin Fisher, part of the Liberty Media adult studio, started a lawsuit against the operators of Oron.com for $34.8 million in damages two months ago. The plaintiffs claimed that the file-locker facilitated copyright violation of their content and called Oron’s operators “criminals” who do not deserve DMCA’s safe harbor. In response, Oron pointed out that a brief online search indicates that the plaintiffs have engaged in this type of conduct repeatedly and without shame. So-called “commercial invoicing” scheme is a usual thing for today – trump up baseless claims of violation against companies or individuals, seek to freeze their corporate funds to force them out of business or threaten draconian penalties against people who simply can’t afford to fight back.

A month ago both parts were trying to reach a settlement but failed, because the label asked for much more than the cyberlocker was ready to offer. Finally, last Tuesday U.S. District Judge ruled that there was nothing in the parties’ settlement letter indicating that Oron didn’t intend to be presently bound by the proposed terms or that a future writing was required. The judge pointed out that there was a requirement for the plaintiff’s attorney to sign and return, which means that the parties did agree that all the terms are acceptable and binding. If it was just a proposal of terms there probably would not be a requirement to sign and return. In other words, the Judge confirmed that the settlement letter from the defendant was an offer, accepted by plaintiff by signing the letter.

The Judge added that the settlement included valuable consideration on the part of both parties of the lawsuit. In this event, the court could compel compliance since there was no uncertain material terms remaining. Accordingly, the court granted plaintiff’s motion to enforce settlement.

Last week Oron made a disappearing act after getting a temporary restraining order and thus had its assets seized, except for $100,000 left for business expenses.



By:
SaM
August 14th,2012

Posted by: 
SaM

Date:  Tuesday, August 14th, 2012



Comments (5) (please add your comment »)

1
posted by (2012-08-15 03:25:57)
rebornawareness avatarA different article before said a California girl won against porn companies trying to sue her for copyright because there was an old law that profanity or immoral things couldn't be copyrighted and a different case set precedent that porn was a profanity and thus uncopyrightable. I forget the exact words used... just paraphrasing. Anyway there should be no way these mafia porn companies should ever win a case if this defense is used. Too bad for Oron they didn't know.

2
posted by (2012-08-15 17:30:07)
TheBlackMamba avatarLol and they get mad when we download music, it has profanity so its not copyright-able. Haha

3
posted by (2012-08-18 05:37:39)
No avatarIf I am understanding this correctly it is saying that Oron either agreed to this "extreme" settlement or did not realize they where agreeing to it by signing it and returning it. If this is the case WOW! I wonder if they got scared bye the 34.8 million rushed to sign it and then realized it was actually just a hoax after doing an internet search.

This is how they operate and porn companies have opened plenty of massive anon suites with no expectation of winning just so they could send out massive letters once the ISPs gave up the users info. The letters asking for massive amounts of money and if not paid within some crazy short amount of time the money would double or triple or just not be an option anymore. Then when it comes time for these companies to show in court they often do something that seems foolish or stupid that causes the case to be delayed. They are not doing anything foolish or stupid they are buying time to continue with the letters. For those who don't respond they send lower offers instead of the promised higher offers and yet still have the nerve to say that the offer will double triple quadruple.

I got hit with one for allegedly downloading hurt locker. The thing is if it actually went to court how do you prove it and how do you force me to go to the state you choose to do this in. Plus I live in an apartment what if someone else did this?

But, if you are just that scared or you just happen to have the money to pay those fees they get plenty of money.

I still don't think anyone has won a massive anon case but I may be wrong.

4
posted by (2012-08-19 10:47:18)
ic3m4l3 avatarthey can blame you because ITS YOUR resposibilty to secure ur stuff,,not anyone elses so trying to put the onus on the downstairs to the left neighbour does not work
i got one for a music album sum time bak,,,i just ignored it.. and wholla it went away

5
posted by Blocked (2012-08-19 15:10:57)
skreamer avatarI agree with givemedew that 'commercial invoicing' as they have described it (and I believe this is what they do do) should be illegal in its own right. How can you legally try to extort monies that legally you couldn't. LOL backward english but you get the point.

Don but what if someone hacked your wireless connection? How could this be proven / disproven?



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