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Internet media purchase violated the original copyright law

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asatishkumar

Junior Member
State : OH
I purchased a show from an online provider. Recently I received an email stating that the purchase violated the original copyright law. The original copyright holder is giving me an option to get out of any liability by subscribing to their original package for an year. Am I truly liable, Here's the snippet of the text that I received,
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It is a violation of Willow TV's copyright and the law to purchase or view the illegal stream whether it was knowing or unknowing. Under 17 U.S.C § 501 et seq., anyone who participates in the infringement of a copyright is liable for statutory damages up to $30,000 per infringement, and up to $150,000 if the infringement is willful.

Willow TV will fully pursue this lawsuit to the fullest extent of the law against those who operate businesses and illegally provide pirated cricket matches in violation of their rights; however, it has no interest in pursuing a lawsuit against the viewers and fans of cricket matches, so we would like to deal with the evidence that has been presented to us in the best way possible.

We would like to provide you a way out of the continued exposure to liability that comes with viewing cricket matches illegally through pirated websites.

Complete Release and Waiver of Liability Offer.

Willow TV will provide you with a onetime release of all claims and liability for any and all past illegal downloads or streaming views of cricket matches you may have purchased or viewed from any of the defendants listed in the attached lawsuit. The release will be provided on the condition that you commit to watching any of your future cricket matches legally through Willow TV Live for the next year. The authorized service is currently $14.99/month and allows you, the customer, to watch the live video streaming of all cricket content offered by Willow TV, on its website Willow TV Live (and on its channel on YouTube, and on smartphones, etc.) for a period of one year.
 


Zigner

Senior Member, Non-Attorney
Seems to me that it's a bargain. You simply agree to it, but don't watch cricket matches. Then, you don't have to pay their fee.
 

sandyclaus

Senior Member
State : OH
I purchased a show from an online provider. Recently I received an email stating that the purchase violated the original copyright law. The original copyright holder is giving me an option to get out of any liability by subscribing to their original package for an year. Am I truly liable, Here's the snippet of the text that I received,
------------------------------------
It is a violation of Willow TV's copyright and the law to purchase or view the illegal stream whether it was knowing or unknowing. Under 17 U.S.C § 501 et seq., anyone who participates in the infringement of a copyright is liable for statutory damages up to $30,000 per infringement, and up to $150,000 if the infringement is willful.

Willow TV will fully pursue this lawsuit to the fullest extent of the law against those who operate businesses and illegally provide pirated cricket matches in violation of their rights; however, it has no interest in pursuing a lawsuit against the viewers and fans of cricket matches, so we would like to deal with the evidence that has been presented to us in the best way possible.

We would like to provide you a way out of the continued exposure to liability that comes with viewing cricket matches illegally through pirated websites.

Complete Release and Waiver of Liability Offer.

Willow TV will provide you with a onetime release of all claims and liability for any and all past illegal downloads or streaming views of cricket matches you may have purchased or viewed from any of the defendants listed in the attached lawsuit. The release will be provided on the condition that you commit to watching any of your future cricket matches legally through Willow TV Live for the next year. The authorized service is currently $14.99/month and allows you, the customer, to watch the live video streaming of all cricket content offered by Willow TV, on its website Willow TV Live (and on its channel on YouTube, and on smartphones, etc.) for a period of one year.
As I see it, the online provider that allowed you to view those cricket matches clearly had pirated the video feeds. The fact that you received them and watched an unauthorized showing is still illegal.

You can either pay for the service (the less expensive solution), or face the possibility of being sued for even more for violation of copyright laws. That could potentially run you into the thousands of dollars if you lose such a suit. (Just google RIAA copyright infringement lawsuits to get a taste of what may be to come.)
 

Zigner

Senior Member, Non-Attorney
As I see it, the online provider that allowed you to view those cricket matches clearly had pirated the video feeds. The fact that you received them and watched an unauthorized showing is still illegal.

You can either pay for the service (the less expensive solution), or face the possibility of being sued for even more for violation of copyright laws. That could potentially run you into the thousands of dollars if you lose such a suit. (Just google RIAA copyright infringement lawsuits to get a taste of what may be to come.)
Their offer doesn't require that the OP buy their service (although I do believe that was the intent of the offer.)
 

quincy

Senior Member
There is certainly the possibility that asatishkumar could face an infringement lawsuit over his purchase and viewing of the illegally streamed content.

For example, Zuffa, LLC, out of Nevada, has been (and is still) going after those who have infringed on their Ultimate Fighting Championships broadcasts. Zuffa's suits are directed at the distributors who are making the content available to others, but viewers can face liability as well. "Innocent" infringement is still infringement.

You may wish to check out Zuffa LLC v Wallace, No 2:2010-cv-01756-RLH-RJJ, D.Nev (Oct 8, 2010), and Zuffa LLC v Pavia Holdings, LLC, No 2:10-cv-01427-RLH-RJJ, D. Nev (Jan 24, 2011), and Zuffa, LLC v Justin.tv, Inc (Jan 21, 2011), for three out of many suits filed by Zuffa, LLC. There was a Zuffa suit against UStream which was dropped after UStream released to Zuffa the identity of all of those who uploaded content.

In its suits, Zuffa is seeking $150,000 per infringed stream, plus attorney costs and all profits realized by the distributors. Should Zuffa win the actions, the damages awarded will essentially bankrupt the distributors and put them out of business.

I agree with sandyclaus that purchasing the service through Willow.tv may be the least expensive option to consider, as those who have faced similar copyright infringement suits generally find themselves settling the suits filed against them for somewhere in the neighborhood of $3000 to $5000. Settling any infringement action avoids court costs, attorney fees and the potential for a court to award damages of up to $30,000 per infringement (or $150,000 per infringement for "willful" infringement).

Consulting with an attorney in your area, asatishkumar, is probably wise before taking any action on the received notice from Willow TV, and it is advised.


Edit to add: This is not really extortion. It is a settlement offer. Those who receive these notices can choose to ignore them or try to negotiate for a better settlement. Ignoring the settlement offer altogether, however, puts the recipient at risk of being sued. If there is a legitimate defense to the infringement claim (ie, the recipient has been wrongly targeted), the recipient of the letter can certainly present this defense if or when the need arises.
 
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