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Movie File Lockers and “downloading” adult pornography (caught in a trap)?

Posted by Steve Vondran | Jul 19, 2018 | 0 Comments

Downloading adult videos can be costly – here's one way you can get BUSTED (no pun intended)!

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Introduction

Recently, an adult porn movie company accused one of my clients of downloading porn from a “file locker” website (a website where movie files can be uploaded and stored and downloaded).  The way it was setup is if you clicked “LIKE” on the video a popup screen would pop up asking you if you wanted to download the movie.  In some cases there was a notice that the movie might be subject to copyright, and in other cases there was no such notice (which can be confusing to the viewer and falsely lead them to believe the movie is not protected by copyright when in fact it is).

At any rate, a “shame settlement” demand letter then followed, and a large amount was demanded to settle the case without federal court litigation.  The movies were never SHARED, only DOWNLOADED.

Legal issues

  1. No copyright symbol is needed – many people mistakenly believe that if there is no copyright symbol showing that the movie is NOT copyrighted. This is NOT true.  Copyright attaches to any creative work in the United States that is “fixed in a tangible medium of expression.”  There is no requirement to register the copyright with the U.S. copyright office.  So just because you don't see a copyright symbol, don't assume it is free for the downloading, reproducing, sharing, or distributing.
  2. Even ONE MOVIE can cost you tremendously – some clients dispute the number of videos they are accused of being downloaded.  For example, they may say “I did not download 25 movies” (some files may not have fully transferred to their computer, or they simply dispute the accuracy of the charge).  As I have to mentioned, EVEN ONE willfully infringed movie or video THEORETICALLY and by statute, can lead to monetary damages in the amount of 30-150k plus attorney fees.  So having even ONE illegal file sharing is enough to make your life miserable and force you into a “shame settlement” as we call it.
  3. Downloading (without sharing videos on another website) is still copyright infringement.  Creating a personal home theater with FREE videos (not purchased from BestBuy for example) is not legal.  A copyright holder gets a “bundle of rights” when a new work is created.  These rights including the EXCLUSIVE right to make copies, distribute, publicly perform, publicly display and to create derivative works.  A violation of ANY ONE of these rights can constitute copyright infringement subjecting you to damages (see our video on copyright damages below)
  4. Should you settle or ignore the letter?  Watch our video below to get more information on this important question.

Torrent Defense VIDEO resources

Here are some videos that you can watch that may help you if you received a notice of subpoena from your ISP or a legal demand letter from an IP law firm.

  1. Should I Ignore the letter?
  2. Copyright infringement penalties
  3. Overview of the subpoena process
  4. Common defenses in copyright infringement cases
  5. How much will I settle for?
  6. Strike 3 Holdings lawsuit watch
  7. Malibu Media defense
  8. What is a DOE Defendant?

Contact a Video Download Defense Law Firm

Our law firm is one of the leader's nationwide in handling Torrent illegal movie download defense.  Whether you are accused of downloading torrent files on P2P (peer to peer) file sharing websites, or sharing photos downloaded from membership websites and sharing those on “tube” websites or file locker sites, we have the experience to handle your case and get it settled (in many cases anonymously).  We offer low flat rate fees for most non-litigation (settlement cases).  We can also help litigate the case if you did not violate the law and wish to contest the federal court lawsuit.  Call us for a free no cost initial discussion and case lookup to see how many movies are at issue.  We can be reached at (877) 276-5084. 

About the Author

Steve Vondran

Welcome to the SHORT BIO page for Attorney Steve®  (Yes, I was able to get a trademark for Attorney Steve®) Click here to go to a more COMPLETE BIO. AZ Bar Lic. #025911 CA. Bar Lic. #232337 Introduction I have done a lot of things in my 15 years of law practice and in my life in general.  ...

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