Bow-chicka-uh-oh: Man told to pay $1.5m for sharing ten porn movies

Movie studios, music labels and other copyright holders have, in recent years, been stepping up their efforts to dissuade illegal sharing of their content by targeting file sharers with legal action. There have been many high-profile cases; earlier this year, for example, we reported that over 2,500 people had been targeted by the producers of Hollywood blockbuster movie The Hurt Locker, with the studio claiming that the defendants had illegally shared the film online, and aiming to settle with them for around $3,000 each.

That’s chump-change compared with the amount that Kywan Fisher has been ordered to pay by a federal court in Illinois. In the largest ever damages award of its kind, Fisher has been told that he must pay £1.5m to Flava Works, Inc., an adult entertainment studio, after he was found to have shared ten of their movies via BitTorrent. At $150,000 per film, the amount represents the largest possible statutory damage award under US copyright law.

As TorrentFreak reports, Fisher was sued, along with several other defendants, by Flava Works in 2011. It was alleged that he had shared the file via BitTorrent, and through a traceable code embedded in the video files, Flava Works was able to prove that he was the source of “at least 3,449” downloads of the movies.

A factor in the enormity of the damages awarded was the fact that Fisher offered no defence. The case differs from many ‘copyright troll’ cases, which rely on accusations based solely upon connecting a defendant with an IP address, and it appears that the weight of evidence against Fisher was simply irrefutable.


Source: TorrentFreak | Image adapted from original artwork by .net magazine

Report a problem with article
Previous Story

Samsung: 30 million Galaxy S III units have been sold

Next Story

Virgin Media brings unlimited mobile data to pay-as-you-go

25 Comments

View more comments

Indeed.

"Wikipedia, Flava Works" said,
Flava Works, Inc. headquartered in Miami, Florida, with a satellite office in Chicago, Illinois, is a company that produces gay media featuring black and Latino men.

Post Neobond's moobs!

moloko said,
150,000$ per movie. that is more than each movie cost to make.

That part of the adult industry is somewhat niche (not that much compaired to others) so the studio could use the money.

moloko said,
150,000$ per movie. that is more than each movie cost to make.

yeah, I think that's excessive. I think the fines should be large to deter pirating, but that's ridiculous. Maybe a fine for each time you shared it would be fairer (Though that probably wouldn't have really helped him here... Lol).

The amount in damages is a load of crap, but with that said, if you're gonna do it, then do it properly. Only way they could know who it was is if he provided them with all his details and then downloaded the movies and shared them. Not the smartest thing to do.

Osiris said,
$1.5m for sharing 10 movies...the judge really backdoored this guy.

Yeah, it's because the movies had codes embedded in them, making them traceable back to him when shared. This article seems to have some details missing compared to the BBC one: http://www.bbc.co.uk/news/technology-20178171

Edit: And it's pretty standard that actually sharing rather than just downloading gets you into more trouble

Osiris said,
$1.5m for sharing 10 movies...the judge really backdoored this guy.

Whatever happened to protection from excessive fines? Guess the Constitution died back in 2001...

Izlude said,

Whatever happened to protection from excessive fines? Guess the Constitution died back in 2001...
They are still there. But since he shared the files at least 3,449 times, the numbers add up quickly. Remember that the article quotes $3000 for settlement for the Hurt Locker. 3449 times 3000 is 10,347,000. Seems like the court did its job and kept him from receiving that excessive fine. All he has to do is file for bankruptcy and the problem solves itself for him.

ya but there is huge difference between a copy of a Bluray DVD with a slipcover than there is with whatever random crap you may be downloading AND THAT
is the ultra retarded part about this fine system employed over the last 10+ years
The fine would be correct if he stole from the production company over 3,000 PHYSICAL DVD's then ya give him that fine.. other wise no its the rawest form of stupidity possible.

Porn ?
I guess if they film it then it's not illegal prostitution so yeah sue him into oblivion.

I'd laugh in the judges face if they gave me that verdict and tell them all in the court flat out loud and clear.. good luck collecting your money jagoffs LOL

I am Not PCyr said,
Porn ?
I guess if they film it then it's not illegal prostitution so yeah sue him into oblivion.

I'd laugh in the judges face if they gave me that verdict and tell them all in the court flat out loud and clear.. good luck collecting your money jagoffs LOL

Then you would be facing jail time instead of just going bankrupt. Good job screwing yourself over even more.

ILikeTobacco said,
Then you would be facing jail time instead of just going bankrupt. Good job screwing yourself over even more.

Sorry but i wouldn't concerned about lipping off a judge.
I once got arrested for stealing a sports car and threw it into a ditch speeding
and when they finger printed me they put me in cells and i pulled my lighter and a joint out of my pocket and took a couple hoots of her and put it away and a few minutes later 3 or 4 cops came in snapping on rubber gloves and said come with me, we're going to strip search you..
I smile and laughed.
They never did find the "goods" and they seen one of my tattoo's and said hey you said you didn't have any when we asked you.. and I said oops sorry i forgot LOL
When i walked out of cells because there was nothing they could do but give me a court date (to the fake name i gave them) i lit up my doobie laughed and went home

so uhh no Judges can kiss by bright white butt

Kywan Fisher ? I wonder if he is related to Bryan Fisher of the "American Family Association"

Bryan's secret gay married lover lol

Hmm $1.5m, Let see even at $4166.66 per-month for the next 30 years he may as well just file bankrupt.

Brony said,
It is one of those fake cases with the purpose of create a precedent and to scare future pirates.

or its their bread and butter to a dying business model.
If they can't make money the legit way they need to hire lawyers to do it for them..

Commenting is disabled on this article.