File Host Suing Warner Bros For Copyright Fraud
File Host Suing Warner Bros For Copyright Fraud
Posted 09/13/2011 at 1:58pm
| by Ryan Whitwam
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File hosting and sharing service, Hotfile was sued earlier this year by a consortium of copyright holders including Warner Bros, Disney, and Fox. The MPAA recently scored a victory when it was ruled that Hotfile has to divulge user details. Now Hotfile is firing back, accusing Warner of abusing the anti-piracy takedown tool built into the service.
Back in 2009, Warner approached Hotfile about making it easier to have infringing material removed from the service. Hotfile complied and developed the Special Rightsholders Account (SRA). This system allowed rights-holders to manually remove content that they owned the copyrights to. Hotfile now alleges that Warner committed fraud and abuse by removing thousands of files they did not hold the rights to.
In the counter-suit, Hotfile points to numerous free and open source files deleted by the Warner SRA. It appears that instead of investigating a file, Warner used an automated search algorithm to remove anything that might be theirs. Hotfile is seeking damages from lost revenue and disruption of its business. If anything, these accusations should remind us that a takedown system with checks and balances is the best solution we have.
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Danthrax66
September 13, 2011 at 6:53pm
But the thing is you should be able to host copyrighted files on Hotfile or megaupload if you purchased those files. Because you can use hotfileish sites like a personal online storage site. So this is all bullshit and won't shouldn't stand up in court.
blkpanthr
September 13, 2011 at 9:04pm
in order for you to have uploaded the content, you would have has to circumvent DRM, clearly violating the DCMA or its non-us equivelent.
Tenhawk
September 14, 2011 at 8:22am
Hmmm... Arguably true, but I'm not sure that would fall under Hotfile's responsibilities. Also, not every country of origin has the same laws concerning DRM and the net IS an international place.
blkpanthr
September 14, 2011 at 11:40am
That was really just a response to the "i bought it i can do what i want" argument.
DRM is certainly not hotfile's responsibility, but that content is copyrighted anyway you slice it.
Also, Hotfile opperates servers in the US, therefore the country of origin is irrelvent. They are subject to american laws.
Eoraptor
September 13, 2011 at 5:16pm
in other words "work within the copyright system, get screwed; work outside of it, get screwed harder with a red hot drill"
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