Movie Studio Demands Compensation from CyberlockerAdded: Thursday, February 6th, 2014
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, 2013, www.extratorrent.cc
The producers of “American Cowslip” movie demand about $870,000 in piracy damages from the FileServe. The moviemakers filed a case in 2013 and are now moving for a default judgment because of no response from the online file-hosting service. They claim that piracy is the main reason why the film turned a loss. FileServe is not the first victim of the copyright owners: in recent years MegaUpload, Hotfile, RapidShare and other file-hosting services have also been taken to American courts. All lawsuits were different in nature, but all cyberlockers have been accused of facilitating piracy via their services.
The moviemakers are accusing FileServe of a wide variety of copyright related offenses, like selling pirated products through subscriptions. They complain that FileServe was aware that its site was being used to illegally copy and distribute infringing content. Producers believe that since the cyberlocker charges membership fees for access to copyrighted content stored on its servers, it is an actual distributor and seller of their movie.
FileServe has thus far failed to respond to the complaint, which prompted the filmmakers to file for a default judgment. The motion, submitted to the court, demands the cyberlocker to pay $869,500 in piracy-related damages. Movie producers give an example of the massive infringement that occurred on the website, listing statistics from a now defunct linking website, fileserv.com – it showed about 20,000 downloads, none of which were authorized.
However, it looks like these numbers are fabricated. Based on revenues of comparable films the producers even ran a statistical forecast model which showed that their film should have generated over a million in revenues in North America, instead of the $68,000 that it actually made. Movie studio claims that the revenue gap is attributed to piracy, so FileServe is demanded to pay the difference. For some reason, they decided to ignore potential losses usually generated by all other piracy sources.
It’s up to the judge to decide whether FileServe is responsible for any of these damages. However, since the service isn’t defending itself it is likely to lose. But even if this happens, the movie studio may never see a penny.
Thanks to TorrentFreak for providing the source of the article.
February 6th,2014Posted by:
Thursday, February 6th, 2014
|when will movie companies get in their little brains nobody will pay silly money to watch a film in the cinema when everybody just talks and kicks your chair and plays on their phones.Even then i mainly download old films because the movies they bring out today are full of CGI and no story and predictable and before you know it the film has finished.Like the wolf of wallstreet is the first 3 hour film and decent film i've seen in years.|
|posted by (2014-02-06 18:50:55)|
|And don't forget the actual film is not rated very highly either. So who want's to fork out hard earned cash for tripe.|
|Good films still make good money at the cinema. This film however bombed and the studio has the audacity to blame downloaders for its failure to make money.|
|posted by (2014-02-07 16:21:46)|
|What Spantrekker said! All the defendants will have to do is schedule a screening of the movie for the judge. The quality of the film (pretty bad) will be quickly evident. As one IMDB reviewer said, a film of a cow in a field eating grass and taking a dump would be more entertaining. (and a lot cheaper to make)|
|another example of we made a sh*tty movie and it's your fault it made no money, NOT OURS lol... Man of Crap made 600 mil$ worldwide for example...what would WB gain from suing online sites. HOW MUCH more money do you need to make. Try making better movies...and less crap ones.|
|posted by (2014-02-08 15:05:35)|
|I agree with everyone here. How do these lawyers justify wasting a courts time on a case like this. They are actually blaming piracy for their crappy movie not making money. Bold if you ask me.I wonder why the cyberlocker would choose not to defend itself. They will just be left open for these studios to sue on these grounds all the time and get default judgements.|
|Not to mention the age old logic of --- just because it was watched for free doesn't mean anyone would pay for it if it wasn't free. Prove actual losses. Only corrupt judges have allowed them to win any cases so far, as you cant prove people would still pay to watch it if it wasn't free.|
|when do they blaime the inventor of itunes and spotify.Because of them when you buy music online you don't need to buy the full album and your saving money by not getting it on a disc and it's same with spotify you can listen to full albums without downloading a thing you just have to listen to the ads and you save £5 downloading the film instead of buying it on disc and then they wanna use piracy as an excuse for losng money and shops out of business when they obviously don't think about the big picture.I use to rent films from blockbusters but £3.50 for 1 night to rent on blu-ray is to much.|
|posted by (2014-02-13 17:47:23)|
|In 2009, Avatar was the biggest grossing movie at the box office worldwide. t was also the most downloaded and viewed for free. To my mind, this kinda disproves the myth that, 'Piracy is killing the movie industry'. If people really want to go to the cinema to watch the latest blockbusters then that's their choice, but downloading films won't ever be stopped. I'll be at the cinema for the newest Transformers movie with my kids because CGI like that doesn't work well on a CAM, but you can betchurass I'll still download it when a good screener comes out.|
|It was a garbage movie that should be thanking their lucky stars for any sort of file sharing, which likely increased sales if anything. It was a garbage film, and it will always be a garbage film.||
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