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Movies Piracy Television The Courts Entertainment

Falsely Accused Movie Pirate Deserves $17K Compensation, Court Says (torrentfreak.com) 60

An Oregon District Court has sided with a wrongfully accused man who was sued for allegedly downloading a pirated copy of the Adam Sandler movie "The Cobbler." According to the court's recommendations, reports TorrentFreak, the man is entitled to more than $17,000 in compensation as the result of the filmmakers "overaggressive" and "unreasonable" tactics. From the article: The defendant in question, Thomas Gonzales, operates an adult foster care home where several people had access to the Internet. The filmmakers were aware of this and during a hearing their counsel admitted that any guest could have downloaded the film. [...] "The Court finds that once Plaintiff learned that the alleged infringement was taking place at an adult group care home at which Gonzales did not reside, Plaintiff's continued pursuit of Gonzales for copyright infringement was objectively unreasonable," Judge Beckerman ruled. "The Court shares Gonzales' concern that Plaintiff is motivated, at least in large part, by extracting large settlements from individual consumers prior to any meaningful litigation. "On balance, the Court has concerns about the motivation behind Plaintiff's overaggressive litigation of this case and other cases, and that factor weighs in favor of fee shifting."
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Falsely Accused Movie Pirate Deserves $17K Compensation, Court Says

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  • $17K (Score:5, Insightful)

    by TechyImmigrant ( 175943 ) on Wednesday December 07, 2016 @01:01PM (#53441191) Homepage Journal

    Doesn't sound sufficiently punitive to me.

    • Re:$17K (Score:5, Insightful)

      by captaindomon ( 870655 ) on Wednesday December 07, 2016 @01:19PM (#53441303)
      This is a great precedent, though. If every falsely accused person went for damages of $17k, it would quickly alter the landscape for these studios.
      • by mark-t ( 151149 )
        The standard for showing that the person was falsely accused is pretty high, however... if he had resided at the location in question instead of simply being the operator of the facility, it probably wouldn't have gone the way it did.
        • The standard for showing that the person was falsely accused is pretty high, however... if he had resided at the location in question instead of simply being the operator of the facility, it probably wouldn't have gone the way it did.

          May or may not be different. The reason is that the plaintiff only use IP address to identify that there is an illegal download of the movie. The Internet in the place is shared, so the plaintiff will have to do a lot more due diligent (more expenses and time) in order to find the right person. If the plaintiff ever found a person, the case would be completely different when filing (much stronger evidence)...

          • Re:$17K (Score:5, Informative)

            by mark-t ( 151149 ) <markt AT nerdflat DOT com> on Wednesday December 07, 2016 @02:01PM (#53441673) Journal
            That wasn't what happened, however. The court determined that it was unreasonable for the studio to continue to pursue litigation when they knew that the person did not live there (irrespective of whether or not he was innocent), and that is why he was awarded damages.
          • what about room mates?

      • by Anonymous Coward
        What you call "these studios", I call trolls.
      • This is a great precedent, though. If every falsely accused person went for damages of $17k, it would quickly alter the landscape for these studios.

        From a litigation perspective, they have taken 2,074 steps forward, and one step backward.

        This will do exactly two things to their "landscape"; Jack and Shit.

    • Re: (Score:2, Funny)

      by Anonymous Coward

      The damages would have been quite higher if they could have proven he actually watched that terrible movie.

    • by raymorris ( 2726007 ) on Wednesday December 07, 2016 @01:28PM (#53441373) Journal

      The current ruling is about *compensation*, not punitive damages. If he wants to file for punitive damages, he's now in a position to file for that. It's two separate things.

    • Re: (Score:2, Interesting)

      by Anonymous Coward

      Doesn't sound sufficiently punitive to me.

      I agree, I didn't see in the article what "large settlement" they were trying to extort from him. And since he obviously didn't pay the extortion they were doubtless suing for a ridiculous "Hollywood accounting" amount. The defendant's settlement should be at least three times that amount PLUS his attorney fees. There is plenty of precedent for this in law, passing a bad check makes you liable for three times the amount for example.

      • by umghhh ( 965931 )
        I'd go for tar and feathers or stocks. Or first tar & feathers, run the suckers trough the main streets of the town and then stocks on main square. The only purpose of these 'studios' is extortion. This is racket using legals system instead of common violence.
    • Re:$17K (Score:5, Informative)

      by parkinglot777 ( 2563877 ) on Wednesday December 07, 2016 @01:36PM (#53441423)

      Doesn't sound sufficiently punitive to me.

      The defendant did NOT ask for punitive damage but only the rewards which are expenses that the defendant had to pay out of pocket during the litigation.

      *** From the court document ***
      Gonzales has filed a motion for an award of costs and attorney’s fees. (Def.’s Mot. Att’y Fees, ECF No. 47.) Specifically, Gonzales seeks $264.60 in costs and $17,222.40 in attorney’s fees, for successfully defending Plaintiff’s contributory infringement claim.

    • Actually it's ok since he got a copy of The Cobbler downloaded too.
    • So make them also watch Sandlers "Jack and Jill [rottentomatoes.com]." This is one "comedy movie" that doesn't even try to be comedy. Even the fart jokes wouldn't get a laugh from the kids, and letting young children watch it will scar them for life. Rotten Tomatoes rates it as 50% better than The Cobbler - but a rating of 3% instead of 2% says it all.
  • by Anonymous Coward

    The title as is implies that the man is a movie pirate and was falsely accused (of something)...

    Or just change it to "Man falsely accused of movie piracy..."

    The actual article does it better, although they added the quotes to 'falsely' too for some unknown reason...: Court: ‘Falsely’ Accused ‘Movie Pirate’ Deserves $17K Compensation

  • by Anonymous Coward on Wednesday December 07, 2016 @01:11PM (#53441257)

    Isn't $17k more then this movie made?

    • by PCM2 ( 4486 ) on Wednesday December 07, 2016 @01:25PM (#53441347) Homepage

      Not really. Adam Sandler movies are basically massive scams where he makes huge profits by selling advertising into the movie, then writes up giant paychecks for himself and all his cronies. No matter how shitty his movies are, the Adam Sandler business is basically self-sustaining.

    • That was pretty funny but I looked it up and it earned $24,000 (yes twenty four thousand) in its opening weekend.

      The budget was 10mil and total box office was 1.2mil, DVD another 2mil. Wow.

      How you recover from that level of a flop I have no idea.

      • by dbIII ( 701233 )

        How you recover from that level of a flop I have no idea.

        It's written off as part of a portfolio of other losses to avoid paying tax.


        On a funny note the original "Mad Max" (Road Warrior was the title of the US dub) was financed as part of a tax evasion scheme, which is why the director was allowed full control, and the investors were initially horrified when it started making money. Once it started making a LOT of money they were not so horrified.

        • The movie Mad Max 2, was called the Road Warrior in the US, not Mad Max. As far as I Know only the original movie Mad Max was dubbed for the US.
          • by dbIII ( 701233 )
            I stand corrected that the stupid retitle thing started with the second movie, but yes, the first movie was dubbed!
            • Why did they dubb it? Was it originally in an aboriginal language? They speak English in Australia...I know it sounds funny, but honest!

  • by account_deleted ( 4530225 ) on Wednesday December 07, 2016 @01:27PM (#53441365)
    Comment removed based on user account deletion
  • without any factual evidence!
    In criminal case the bar is even higher so the ideas to make pirating an criminal issues will be hardware and in some cases the state can be on the hook for your legal fees as well win or lose.

    • No. Don't be a fucking moron.

      If you are prosecuted for a crime and found innocent the government doesn't pay your legal fees, ever. There is no cause of action in a criminal trial for compensation for costs by the defendant. These types of damages are only awarded in civil cases.

      • by tlhIngan ( 30335 )

        If you are prosecuted for a crime and found innocent the government doesn't pay your legal fees, ever. There is no cause of action in a criminal trial for compensation for costs by the defendant. These types of damages are only awarded in civil cases.

        You have to bring a separate civil suit against the government for compensation. It's the whole criminal vs. civil trial thing - a criminal trial is one the state brings to you with you being free (not guilty) or jailed (guilty). A civil trial outcome is usuall

        • You are conflating two separate issues. No defendant in a criminal trial can sue the government for compensation for actions taken as part of the prosecution even if they are found not guilty by the jury. There are extremely limited situations under which you can legally sue the government and damages from a criminal prosecution are not one of them. Even in cases of gross negligence. You can sue if you were incarcerated for a long period and found innocent but only for lost wages and only in the states that

  • Surely being falsely accused of watching 'The Cobbler' is the bigger crime? The guy may have lost his job and family over crap like that.
  • Actually, I've heard that he settled. Instead of $17k, they're giving him $15k, a parrot, and a lifetime supply of rum for compensation.

  • I think Johnny Depp got way more than 17K.
  • by dirk ( 87083 ) <dirk@one.net> on Wednesday December 07, 2016 @02:09PM (#53441731) Homepage

    The reason he deserves that much (and maybe more) is because his reputation is totally ruined. People now believe he actually wanted to watch The Cobbler with Adam Sandler and there is no coming back from that.

  • The "I have an open WiFi router, therefore anybody in my neighborhood could have downloaded that content" defense really does stand up in court? I'm still not clear why downloading is actionable as copyright infringement, it's only uploading that constitutes distribution of copyrighted material without a license. Anybody downloading could just say they thought the person distributing the content for free had a license to do so!
    • by dbIII ( 701233 )

      The "I have an open WiFi router, therefore anybody in my neighborhood could have downloaded that content" defense really does stand up in court?

      It should, especially in petty and vexatious copyright disputes with things pretending to be legal documents distributed via spambots.

  • Force those that sued him to watch the movie. 17,000 times!

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