$1.5 Million Default Judgment Against Kywan Fisher (Flava Works INC

[Greg Troy (KeepFighting)]

This is an interesting article from over at www.dietrolldie.com and is a perfect example of why you should not ignore a court summons. This is another P2P bit torrent case with a bit of a twist. Mr. Fisher actually had an account with Flava which in the account agreement stated you would not share the movies you downloaded, Mr. Fisher downloaded 10 movies which later appeared on a bit torrent site. Flava Works states they know it was Mr. Fisher's movies as when you download a movie their system puts a small unique identifying code into the movie as to who downloaded. While this looks bad for Mr. Fisher it still does not prove that it was not a roommate, malware or a hacker that did the posting. Mr. Fisher could've possibly raised enough doubts to avoid a judgment against him yet he chose to ignore the summons and had a default judgment entered against him. The judge gave Flava Works the max of $150,000 per infringement times 10 downloads was $1.5 million plus reasonable legal fees. You may read the entire article here:

http://dietrolldie.com/2012/11/01/1-5-million-default-judgment-against-kywan-fisher-flava-works-inc-112-cv-01888-ndil/

[SoylentGreen]

Great posting; it's quite interesting.

Yes, it's quite a leap of faith making a connection between the person that bought the vid, and the person that seeded the file.
It would have been fairly easy to fight.

Another possibility for a defense would have been whether putting the code into the movie violated any privacy laws/agreements.
My understanding is that "Flava" provides "gay" materials.  One would have some expectation of anonymity when dealing with them.

S.G.

[Greg Troy (KeepFighting)]

You are correct in that Flava is geared toward Gay videos, in the article is a link that shows a screen capture of the videos listed on the site in question and it was called "Gay Torrent".

Great posting; it's quite interesting.

Yes, it's quite a leap of faith making a connection between the person that bought the vid, and the person that seeded the file.
It would have been fairly easy to fight.

Another possibility for a defense would have been whether putting the code into the movie violated any privacy laws/agreements.
My understanding is that "Flava" provides "gay" materials.  One would have some expectation of anonymity when dealing with them.

S.G.