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Wednesday, November 7, 2012

US man asked by court to pay $1.5mn for porn film piracy

A US man charged with illegal sharing of at least 10 gay porn movies on internet has been asked to pay $1.5 million fine to the original creators of the films.
Illegal file-sharer Kywan Fisher was asked by federal court in Illinois to pay $150,000 per movie to adult entertainment company Flava Works. Media reports said the figure is believed to be the biggest awarded in any file-sharing case.
Flava Works presented "evidence" showing Fisher put copies of its films on a BitTorrent site, but the accused didn't show up in the court to defend himself to prove he didn't pirate the movies.
Flava said it had embedded unique codes in the copies of its films that customers pay to view and that it caught Fisher sharing its movies by tracing the illegal copies using this encryption code inserted in the films he had previously paid for via BitTorrent.
"Defendant's conduct was willful to the extent that he copied or distributed Flava Works, Inc.' intellectual property at least 10 times and caused the videos to be infringed or downloaded at least 3,449 times," Flava Works wrote in a legal memo in support of damages.
Judge John Lee said he was left with no choice but to issue a default judgment in favor of Flava, given its evidences and lack of any defense by Fisher.
"Given the materials submitted by plaintiff in support of its motion and in light of the absence of any objection by defendant, plaintiff's motion for entry of default against defendant 11 is granted. Judgment is entered in favor of the plaintiff Flava Works, Inc., and against the defendant Kywan Fisher in the amount of one million five hundred thousand dollars ($1,500,000)."
It was not clear if Fisher would appeal against the judgment or whether he can pay the fine.

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