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Sony Piracy The Almighty Buck The Courts

Sony Hack Reveals MPAA's Big '$80 Million' Settlement With Hotfile Was a Lie 117

An anonymous reader writes with this excerpt from Tech Dirt: For years, we've pointed out that the giant 'settlements' that the MPAA likes to announce with companies it declares illegal are little more than Hollywood-style fabrications. Cases are closed with big press releases throwing around huge settlement numbers, knowing full well that the sites in question don't have anywhere near that kind of money available. At the end of 2013, it got two of these, with IsoHunt agreeing to 'pay' $110 million and Hotfile agreeing to 'pay' $80 million. In both cases, we noted that there was no chance that those sums would ever get paid. And now, thanks to the Sony hack, we at least know the details of the Hotfile settlement. TorrentFreak has been combing through the emails and found that the Hotfile settlement was really just for $4 million, and the $80 million was just a bogus number agreed to for the sake of a press release that the MPAA could use to intimidate others.
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Sony Hack Reveals MPAA's Big '$80 Million' Settlement With Hotfile Was a Lie

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  • by 93 Escort Wagon ( 326346 ) on Sunday December 28, 2014 @06:56PM (#48686535)

    That's still not exactly chump change...

    • by Opportunist ( 166417 ) on Sunday December 28, 2014 @07:02PM (#48686561)

      4 millions, 40 millions, 4 billions... does it intimidate you any more? It does not matter whether I owe someone 4 million or 4 billion bucks. It makes zero difference AT ALL. In either case I will NEVER work again, knowing that no matter what I do or how hard I even remotely would want to work, I could never pay that. And no matter what I do, I will never get to keep any of the money I earn. Instead, all such a verdict could accomplish is that I will do my best to get by with illegal work and try to do my best to match the damages to the verdict.

      • by Anonymous Coward on Sunday December 28, 2014 @07:09PM (#48686585)

        Sure it makes a difference. If you owe 4 billion you qualify for the Too Big To Fail corporate welfare program.

        • by Anonymous Coward

          There is the saying in finance, if you owe the bank a hundred thousand dollars, the bank owns you, but if you owe the bank a hundred million dollars, you own the bank.

          • Re: (Score:2, Insightful)

            And if you up the debt to $18Tr, you're the Federal Government.
            • by doccus ( 2020662 )
              There's easily enough capital in the US to buy out the debt. If 18 Tr sounds like a lot, consider it's really only $25,000 for every man woman and child, which still sounds like a lot until you consider that one in ten can afford 250,000, which would cover those that couldn't pay. The real problem is that all that money is stored in, yup, US banks. If this much were collected from the citizens, and the Fed shut down, and the US printed it's own money, as it has a right to, those that paid the largest share
          • Re: (Score:3, Insightful)

            by Anonymous Coward

            There is the saying in finance, if you owe the bank a hundred thousand dollars, the bank owns you, but if you owe the bank a hundred million dollars, you own the bank.

            Alternatively:

            If you owe the bank a thousand dollars and can't pay, you have a problem. If you owe the bank a billion dollars and can't pay, the bank has a problem.

            • Yeah, the banks know a lot of student debt is worthless, and they sell it for pennies on the dollar.

              However, they won't let you buy your own debt for those pennies. You are still obliged to pay the full shot.

            • by FlyHelicopters ( 1540845 ) on Monday December 29, 2014 @03:21AM (#48687899)

              If you owe the bank a thousand dollars and can't pay, you have a problem. If you owe the bank a billion dollars and can't pay, the bank has a problem.

              I've updated this...

              If you owe the bank a hundred billion dollars and can't pay, the government has a problem...

        • by srichard25 ( 221590 ) on Sunday December 28, 2014 @09:28PM (#48687149)

          Sorry, but to qualify for the "Too Big To Fail" corporate welfare program you must have contributed at least 1 million to various political campaigns in the past and show means to contribute at least that amount in the future. Politicians need to eat after all.

      • by bsolar ( 1176767 ) on Sunday December 28, 2014 @07:17PM (#48686621)
        It might not make a difference to you but it evidently made a difference for Sony, otherwise they would have just publicised the correct amount. Since Sony decided to publicise a higher amount it's clear they somehow believed the correct amount was too low for the press release.
        • by Anonymous Coward

          It might not make a difference to you but it evidently made a difference for Sony, otherwise they would have just publicised the correct amount. Since Sony decided to publicise a higher amount it's clear they somehow believed the correct amount was too low for the press release.

          Yes. All of this high profile cases are for distributing large quantities of files.
          If people start to think that $4 million is a common settlement for 10000 files they will start to think that a settlement over a couple of hundred is unreasonable for a single file.

          Typically the record companies only bring up a dozen of files to the court while arguing that the person distributed tens of thousands.
          All that is just to be safe. They don't want to get to a situation where they have to prove actual loss and the

      • Comment removed (Score:5, Informative)

        by account_deleted ( 4530225 ) on Sunday December 28, 2014 @07:19PM (#48686635)
        Comment removed based on user account deletion
        • That aside (Score:5, Insightful)

          by Sycraft-fu ( 314770 ) on Sunday December 28, 2014 @07:51PM (#48686799)

          There are always limits to what they can take. Depending on the state you live in various assets are protected, and only so much of your income can be taken for payment. They don't get to just take everything you own and demand all your money. You will find it is usually things like your primary residence, primary vehicle, and so on are protected, and the limit of monthly payment is a certain percentage of after tax income.

          So while a big judgement sucks and can effect you in various ways, it isn't a life ending "you are forever in debt and can never keep a dollar" event.

          • by Anonymous Coward

            The bankruptcy code is federal statutory law, cases are decided by the federal bankruptcy court. Bankruptcy has always been a federal matter (see Article 1, Section 8 of the U.S. Constitution) and state law has no bearing on what can be discharged in the proceeding.

        • Re: (Score:3, Informative)

          by Maxo-Texas ( 864189 )

          Your point is valid but there is a further gotcha.

          The company then files the 4 million as a loss-- which results in the irs counting it as income by you which results in taxes due on 4 million and the taxes are not forgivable by bankruptcy. After several years of harassment, wage garnishment, etc. you'll be allowed to settle the tax debt for a smaller amount. If you have the money to pay, it will be about 10 cents on the dollar. If you are really poor, you may not be able to get it forgiven and it just s

          • If you do mean getting a 1099 for the "loss", then you're wrong. Getting 1099'd (1099A or 1099C) is dischargeable in bankruptcy, even if you get the 1099 after you're discharged. All you do is file Form 982 with your taxes and it's gone. (Of course, IANAA - I am not an Accountant...) I filed BK7 in 2011, got discharged in 2012, and had a property foreclosed on that was discharged, and got a 1099-C in 2013. The full amount of the 1099-C was not considered income on my 2013 taxes (filed & payable in
            • That is great information. The cases I heard of said the the people didn't have a way to discharge the tax. Perhaps they didn't know about the form 982. I've never heard of it before.

              Perhaps they didn't file chapter 7?

              In any case, good to know!

              So looking this up now... here's what I find

              http://www.irs.gov/taxtopics/t... [irs.gov]

              Canceled debts that meet the requirements for any of the following exceptions or exclusions are not taxable.
              Debt Cancellations or Reductions that Qualify for EXCEPTION to Inclusion in Gro

          • Tell me where that happens.

            Tax office can't hold you liable for someone else's losses, even if you caused them. It's up to the company to get the money from you, and if they succeed at some point in the future, they pay taxes.
            • See the above response for full details but briefly...

              http://www.irs.gov/taxtopics/t... [irs.gov]

              (broadly) it looks like if you file for bankruptcy AND a judge agrees to cancel the debt, then you may file a form 982 to avoid it.

              As your other responder said, a forgiven debt counts as income for you unless it is discharged under bankruptcy. I can see abuse where a company gives you it's profits as a loan and then forgives the debt and files it as a loss. This would be an easy way to avoid paying taxes every year.

        • While you are technically correct in the abstract, creditors do have a method to have a debt declared nondischargeable, by way of filing an "adversarial complaint" against you in bankruptcy court. There are very strict parameters for this, most commonly used for debts incurred by fraudulent methods. As a bankruptcy attorney, I've seen a few of these pop up over the years (they are infrequently filed and even less frequently won), but they are most definitely a pain in the ass when it comes across my desk.
      • by AK Marc ( 707885 ) on Sunday December 28, 2014 @08:08PM (#48686863)
        To a $100M company, $4M is payable. $80M is bankruptcy. If they scare away people from becoming the next mega, then they "win". So lie about the settlement, to try to discourage others. It's not about extracting money, but scaring people. You aren't on their radar. $5m is more than you'll make in your life. But Kim Dotcom is their target. People who took on the media companies, made money, and all that. They want to scare people away from being the next Kim.
    • by gstoddart ( 321705 ) on Sunday December 28, 2014 @09:16PM (#48687107) Homepage

      A lie, used to establish the basis of precedent, and to continue to act as if you are "winning".

      No, not chump change at all. The kind of "not chump change" that should get you RICO charges. Because this is about as "corrupt organization" as you can get.

      Nothing the *AAs have ever told us about copyright is based in fact, and they've used those lies to bully laws into existence which favor them. It's really time to start applying actual criminal charges to these organizations. Because they really are corrupt oligarchies who demand influence over the law.

      Some of these clowns need serious jail time. And every politician who is paid for by them has sold us up the river to enrich themselves.

      So, just fucking great, we have huge multinationals lying in public, and paying the politicians to get what they want.

      • by Anonymous Coward

        And how exactly do you propose to stop them? With what money? What political connection do you have? In case you haven't noticed, those bad corporations are not simply giants: they are gods. Go against them and you will be crushed.

        • And how exactly do you propose to stop them? With what money? What political connection do you have?

          I was thinking long rifles might be a good start.

          To hell with a political solution. Let's go for a nice practical one.

          • When "justice" is bought and paid for by big business and the wealthy, the only option left is revolt. gstoddart has the only workable solution so far....

    • Not chump change doesn't factor in, if you have a business that can, in some fashion, afford it. The quote says that it was paid. Ergo, jump up your own ass and die.

      The problem is that a person can agree to pay a pittance, proportionally, and stipulate that a larger sum was paid.

      That's straight up lying.

      Did they pay $4M and tell the court that they paid more? If so, that's a problem. But a defunct company can't complain that they lied to a court and expect any kind of anything. Even worse, the court re

  • Magic! (Score:5, Insightful)

    by Kaenneth ( 82978 ) on Sunday December 28, 2014 @06:58PM (#48686545) Journal

    The real Hollywood Magic is in the accounting departments.

    • by rtb61 ( 674572 )

      Hollywood magic seems to be of a far darker side than that, including drug addiction to a full range of legal and 'illegal' drugs, casting couch extortion, under age sex, political corruption and of course tax evasion as a high art. The industry you have when you want an socio-economic black hole rather than anything that produces any genuine benefit.

    • Exactely. My favorite quote from the article,

      "Of course, all of this is just for show. You can safely assume that none of the much lower $4 million went back to any content creators"

  • by Frosty Piss ( 770223 ) * on Sunday December 28, 2014 @06:58PM (#48686547)

    Sony Hack Reveals MPAA's Big '$80 Million' Settlement With Hotfile Was a Lie

    What do you expect from a mafia-style organization? And yet most Slashdotters tacitly support this though purchases of "media" while bleating how oppressed they are by these giant media companies. I hear "show it through your dollars" here all the time, but in actual prctice, it isn't happening, just think about all the bleating about xBox being down? I don't own an xBox, though I play plenty of great PC games... Well, I guess it works my way since I'm mostly into "first person shooters" rather than multi-play, but really? Put your money where your mouth is? Maybe?

    I guess I'm not a good example since I haven't been to a theatre in many years... Seen a few good movies, though, and none of them involved the Joker or Blue People, or whatever...

  • HA! Let me just go ahead and write you a check...

  • how many songs? (Score:5, Interesting)

    by RichMan ( 8097 ) on Sunday December 28, 2014 @07:56PM (#48686835)

    How many songs or "incidents of infringement" did Sony claim Hotfile was guilty of? What did Sony settle for as the price per infringement. Knowing the price sets a negotiation point for anyone else in a similar situaiton.

    If Sony claimed there were 800M bad files sent out by Hotfile and the settlement was $4M then when Sony knocks on Joe Publics door. Joe Public can say "You settled with a commercial infringer for 4/800 = 1/200 = 0.5cents a file. As I am not a commercial operation lets start the negotiation at 1/10th of that or 0.05cents a file."

    Makes it hard for Sony to intinidate the public if the settlement cost is going to be less than an hours of lawyer fees.

    • by Anonymous Coward

      According to https://torrentfreak.com/mpaa-wants-up-to-500-million-in-damages-from-hotfile-131202/ , this was for 3,448 video files. So $4M / 3448 videos ~= $1160 / video file. Considering this is at the very low end of the range of $750 - $150,000 damages per title, I can see why they weren't thrilled with a $4M announcement.

    • by Kjella ( 173770 )

      A homeless bum can burn down a million dollar house, doesn't mean there's any point in trying to get a million bucks out of him. I'm assuming the settlement was for all Hotfile's actual money because otherwise they'd just spend more on lawyers with Sony getting less in the end, while the $80 million was some kind of imaginary "what we would like to have been paid" damages.

      Joe Public can say "You settled with a commercial infringer for 4/800 = 1/200 = 0.5cents a file. As I am not a commercial operation lets start the negotiation at 1/10th of that or 0.05cents a file."

      And they say "Say hello to statutory damages, that's $750 minimum per infringement. We don't need to offer you anything, no matter what s

  • Sony vs NKVD (Score:2, Insightful)

    by PopeRatzo ( 965947 )

    I believe that Sony is a bigger threat to me and my welfare than North Korea and the NKVD.

  • The Interview movie was determined to be a flop... straight to download it goes.
    Sony has some bad talent contracts that drag down the stock value... "published by hackers" instead of "published by PR."
    Now, lawsuit wins that can't be collected on... might as well let the "hackers" publish the bad news.

    Is Sony really being hacked, or has their PR guy moved to N. Korea for a few months?

    • by dbIII ( 701233 )
      I don't doubt they were hacked, but the late change in a long timespan to blame N.K. makes it very unlikely that it was N.K. What Sony are doing now is exploiting an opportunity - the rumour that N.K. did the hacking means vast publicity for the film. As the ridiculous saying goes "if life gives you lemons make lemonade" (riduculous because in reality if you have a lot of lemons that's better than having no citrus at all).
  • by c ( 8461 ) <beauregardcp@gmail.com> on Sunday December 28, 2014 @09:11PM (#48687091)

    I'm pretty sure that if I ran a business and I misrepresented a $4 million deal to my business partners, investors, and/or the general public as being 20 times larger, either my ass would be in jail or I'd be sued into oblivion.

    • by Trepidity ( 597 )

      It looks like a judgment was actually entered for $80m, so saying that you got an $80m judgment is accurate. Now whether you can collect on that judgment is another story. It's possible that they should have informed shareholders of the low likelihood of the judgment being paid, via an SEC filing.

      • by gl4ss ( 559668 )

        if they did enter it to the judge at 80( you know, just releasing a press release != giving it to the judge who might throw it out because it's infeasible in the first place) and then side talked a different settlement then its also mockery of the justice system on top of the investor fraud...

    • Not if you had enough politicians bought and paid for like any respectable industry group, like the [MP,RI]AA.
    • by Andy_R ( 114137 )

      It certainly sounds like grounds for a class action lawsuit by Sony shareholders to me, does anyone here have some shares and a lawyer's phone number?

  • When will the lawsuits roll into court?
  • I can't remember the names of the dead moles because new moles keep popping up too fast.

  • This is another example of how settlements can work against the public interest of justice. This blatant lying may influence other court cases differently to an open judgement.

    I think all terms of settlements should be public, for the sake of justice.

  • It would be interesting if Hotfile could now sue Sony for releasing details of their confidential settlement.

  • I've got mod points but won't be using them.

    Why?

    Because the system isn't working. Check the number of comments rated 5 on this thread. How many are basically the same comment? I had to scroll down towards the very end to find a different and valuable comment.

    There are too many moderator points sloshing around.

    I'd be happy with 2 points only on about the same timeframe as I've been getting five points.

  • This is the same people that tried to sue Limewire for Trillions of dollars, is anyone surprised? I didn't see any mention of that settlement in the summary, but I believe it was eventually in the 10's of millions of dollars, and I remember thinking, that even that value was pointless, as they will never see any real part of that, as with any civil lawsuit, if they can't pay it, it is rather moot. It might as well have been for a Bazillion dollars for their ability to pay it.

    In most reasonable cases, the pl

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