Post Syndicated from Andy original https://torrentfreak.com/porn-producer-says-hell-prove-that-amc-tv-exec-is-a-bittorrent-pirate-170818/
When people are found sharing copyrighted pornographic content online in the United States, there’s always a chance that an angry studio will attempt to track down the perpertrator in pursuit of a cash settlement.
That’s what adult studio Flava Works did recently, after finding its content being shared without permission on a number of gay-focused torrent sites. It’s now clear that their target was Marc Juris, President & General Manager of AMC-owned WE tv. Until this week, however, that information was secret.
As detailed in our report yesterday, Flava Works contacted Juris with an offer of around $97,000 to settle the case before trial. And, crucially, before Juris was publicly named in a lawsuit. If Juris decided not to pay, that amount would increase significantly, Flava Works CEO Phillip Bleicher told him at the time.
Not only did Juris not pay, he actually went on the offensive, filing a ‘John Doe’ complaint in a California district court which accused Flava Works of extortion and blackmail. It’s possible that Juris felt that this would cause Flava Works to back off but in fact, it had quite the opposite effect.
In a complaint filed this week in an Illinois district court, Flava Works named Juris and accused him of a broad range of copyright infringement offenses.
The complaint alleges that Juris was a signed-up member of Flava Works’ network of websites, from where he downloaded pornographic content as his subscription allowed. However, it’s claimed that Juris then uploaded this material elsewhere, in breach of copyright law.
“Defendant downloaded copyrighted videos of Flava Works as part of his paid memberships and, in violation of the terms and conditions of the paid sites, posted and distributed the aforesaid videos on other websites, including websites with peer to peer sharing and torrents technology,” the complaint reads.
“As a result of Defendant’ conduct, third parties were able to download the copyrighted videos, without permission of Flava Works.”
In addition to demanding injunctions against Juris, Flava Works asks the court for a judgment in its favor amounting to a cool $1.2m, more than twelve times the amount it was initially prepared to settle for. It’s a huge amount, but according to CEO Phillip Bleicher, it’s what his company is owed, despite Juris being a former customer.
“Juris was a member of various Flava Works websites at various times dating back to 2006. He is no longer a member and his login info has been blocked by us to prevent him from re-joining,” Bleicher informs TF.
“We allow full downloads, although each download a person performs, it tags the video with a hidden code that identifies who the user was that downloaded it and their IP info and date / time.”
We asked Bleicher how he can be sure that the content downloaded from Flava Works and re-uploaded elsewhere was actually uploaded by Juris. Fine details weren’t provided but he’s insistent that the company’s evidence holds up.
“We identified him directly, this was done by cross referencing all his IP logins with Flava Works, his email addresses he used and his usernames. We can confirm that he is/was a member of Gay-Torrents.org and Gayheaven.org. We also believe (we will find out in discovery) that he is a member of a Russian file sharing site called GayTorrent.Ru,” he says.
While the technicalities of who downloaded and shared what will be something for the court to decide, there’s still Juris’ allegations that Bleicher used extortion-like practices to get him to settle and used his relative fame against him. Bleicher says that’s not how things played out.
“[Juris] hired an attorney and they agreed to settle out of court. But then we saw him still accessing the file sharing sites (one site shows a user’s last login) and we were waiting on the settlement agreement to be drafted up by his attorney,” he explains.
“When he kept pushing the date of when we would see an agreement back we gave him a final deadline and said that after this date we would sue [him] and with all lawsuits – we make a press release.”
Bleicher says at this point Juris replaced his legal team and hired lawyer Mark Geragos, who Bleicher says tried to “bully” him, warning him of potential criminal offenses.
“Your threats in the last couple months to ‘expose’ Mr. Juris knowing he is a high profile individual, i.e., today you threatened to issue a press release, to induce him into wiring you close to $100,000 is outright extortion and subject to criminal prosecution,” Geragos wrote.
“I suggest you direct your attention to various statutes which specifically criminalize your conduct in the various jurisdictions where you have threatened suit.”
Interestingly, Geragos then went on to suggest that the lawsuit may ultimately backfire, since going public might affect Flava Works’ reputation in the gay market.
“With respect to Mr. Juris, your actions have been nothing but extortion and we reject your attempts and will vigorously pursue all available remedies against you,” Geragos’ email reads.
“We intend to use the platform you have provided to raise awareness in the LGBTQ community of this new form of digital extortion that you promote.”
But Bleicher, it seems, is up for a fight.
“Marc knows what he did and enjoyed downloading our videos and sharing them and those of videos of other studios, but now he has been caught,” he told the lawyer.
“This is the kind of case I would like to take all the way to trial, win or lose. It shows
people that want to steal our copyrighted videos that we aggressively protect our intellectual property.”
But to the tune of $1.2m? Apparently so.
“We could get up to $150,000 per infringement – we have solid proof of eight full videos – not to mention we have caught [Juris] downloading many other studios’ videos too – I think – but not sure – the number was over 75,” Bleicher told TF.
It’s quite rare for this kind of dispute to play out in public, especially considering Juris’ profile and occupation. Only time will tell if this will ultimately end in a settlement, but Bleicher and Juris seemed determined at this stage to stand by their ground and fight this out in court.