Friday, June 17, 2011

US Porn Company Wins Default Judgment Against File Sharer In Canada; Guy Told To Pay $64k

Suing fans is not a business model. And yet, so many companies still do it. We've written a few times about porn producer Corbin Fisher/Liberty Media, who has become a very aggressive supporter of mass lawsuits against fans who it accuses of sharing its works. This is a dumb business strategy. The company, obviously, thinks it will reduce infringement, but I can't fathom how it thinks this will get anyone to ever want to purchase from the company again. Perhaps it thinks it can stay in business through legal fees collected. For example, it sued some guy in Canada for sharing two of its movies, and since he didn't come to the US (though he had sent a letter) to defend himself, the court granted a default ruling in favor of the company, though (thankfully) it disagreed with the company's ridiculous assertion that merely using BitTorrent proves willful infringement. There are some who believe that a default judgment (when the defendant doesn't show up), means that the plaintiff always wins. It doesn't need to work that way, and we have seen courts actually rule against plaintiffs even under such circumstances though it's incredibly rare. Still, the end result is that the court has ordered the guy to pay nearly $64,000.

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