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MUMBAI: In a victory for the major Hollywood
studios, a federal judge in Los Angeles terminated
an ongoing lawsuit against the operators of
TorrentSpy.com in favour of all six of the Motion
Picture Association of Americas (MPAA)
member companies.
The
MPAA maintained that the site TorrentSpy blatantly
contributes to, profits from and induces massive
infringement of copyrighted content including
movies, music and games. The court imposed the
harshest sanction against the TorrentSpy defendants
because of their destruction of evidence and
subversion of the judicial process. The ruling
means that TorrentSpy operators are liable for
copyright infringement.
MPAA
executive VP and director worldwide anti-piracy
operations John Malcolm says, The courts
decision is a significant victory for MPAA member
companies and sends a potent message to future
defendants that this egregious behavior will
not be tolerated by the judicial system."
TorrentSpy is a one-stop shop for copyright
infringement and we will continue to aggressively
enforce our members rights to stop such
infringement, Malcolm adds.
In
its decision, the court ruled that although
termination of a case is a harsh sanction appropriate
only in extraordinary circumstance, the circumstances
of this case are sufficiently extraordinary
to merit such a sanction. The court found
that the evidence was not deleted or modified
negligently, but intentionally in direct response
to the institution of this lawsuit.
Observing
that the defendants already had been subjected
to lesser sanctions in this case, including
a fine of $30,000 for violation of a court order,
the court concluded that the harsh sanction
of terminating the defendants case was
the only appropriate remedy.
The
evidence defendants destroyed included forum
postings with references to copyright infringement
and other incriminating statements; site directories
referencing copyrighted works and subcategories
clearly referring to pirated content; and user
IP addresses.
The
worldwide motion picture industry, including
foreign and domestic producers, distributors,
theatres, video stores and pay-per-view operators
lose more than $18 billion annually as a result
of movie theft. More than $7 billion in losses
are attributed to illegal Internet distributions,
while $11 billion is the result of illegal copying
and bootlegging.
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