MPAA disses ‘foreign nationals’ in Hotfile case
p2pnet view Movies:- “Welcome to Hotfile.com – Free one-click file hosting!” – says Hotfile.com. “With us you can share big files easily and securely: Just choose a file, click the ‘Upload’ button and send the download link to your friends and anyone you know.”
But ‘not if we have anything to say about it’, states Hollywood’s MPAA (Motionless Picture Association of America)
Hotfile “facilitates the theft of copyrighted motion picture and television properties on a staggering scale and profits handsomely from encouraging and providing the means for massive copyright infringement”, says the Disney, News Corp, Time Warner, Viacom, NBC Universal and Sony Pictures outfit, going on:
“Hotfile’s business model encourages and incentivizes users to upload files containing illegal copies of motion pictures and TV shows to its servers and to third-party sites, so unlimited users can download the stolen content – in many cases tens of thousands of times.”
Incentivizes? heh. Good one. 
What to do? What to DO?
Sue ‘em, of course.
“Hotfile is operated by Anton Titov, a foreign national residing in Florida”, says the MPAA in a statement implying foreign nationals are undesirables.
“The studios are suing Hotfile and Titov for direct infringement for unlawfully distributing copyrighted works, inducement of infringement, contributory infringement and vicarious infringement, for actively promoting, enabling and profiting from their users’ copyright infringement”, spouts the Hollywood organ.
Says MPAA mouthperson Daniel Mandil, “Digital theft is not just a Hollywood problem. It’s an American problem. More than 2.4 million hardworking, middle-class Americans spanning all 50 states rely on the motion picture and television industry for their livelihoods. For all these workers and their families, digital theft means declining incomes, lost jobs and reduced health and retirement benefits.”
Middle-class, eh? By default, it means all those two-faced, stinking rich, coke-sniffing, lying Hollywood executives are still on easy street.
No need to stay tuned, but for more on this feel free to contact:
MPAA Los Angeles
Elizabeth Kaltman
(818) 995-6600
Elizabeth_kaltman@mpaa.org
MPAA Washington, D.C.
Howard Gantman
(202) 293-1966
Howard_gantman@mpaa.org
February, 2011
First they ignore you, then they laugh at you, then they fight you, then you win ~ Mahatma Gandhi
World War III will be a global information war with no division between civilian & military participation ~ Marshall McLuhan
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February 9th, 2011 at 1:40 pm
The corporations of parasites infestation of our societies is a world wide problem. it is a dangerous problem too and people are dying as a result.
Some people say that will should destroy the banks first but I pretend that we should do the entertainment first because they control the propaganda.
The banks them the oil and coal companies shall be next.
Let’s Kill them all!
February 9th, 2011 at 5:52 pm
There’s more to it than just an attempt to incite xenophobia. By nailing a “foreign national” with a criminal conviction, US law mandates the person must be expelled from the country. (Even if the person entered the country as an infant.) MPAA lawyers would know this. and could even be working strategically toward that goal.
February 10th, 2011 at 8:30 am
I think the movie and TV industries need to get over themselves….there only goal is total control over us and our wallets
February 10th, 2011 at 6:53 pm
This is a ridiculous argument. The MPAA Complaint is not intended to “diss” foreign nationals, but to allege facts that, if proven, would establish that the particular federal court in which suit was filed can exercise personal jurisdiction over the defendant: This is a constitutional requirement for U.S. litigants–you cannot skip it just because some underinformed website might misunderstand your intent.
A Plaintiff pleads personal jurisdiction by alleging facts relating to the defendant’s legal status and residency. Consequently, if a plaintiff knows that a defendant is a foreign national, (which could suggest jurisdictional problems) then they need to admit that, and then allege facts that could show that jurisdiction is still proper–in this case, that the defendant is “residing in Florida.” A Florida district court can exercise personal jurisdiction over a foreign national residing in Florida. There is nothing ominous or insulting about these allegations of legal status and residence–they are required in order to establish that the court in which the case was brought actually has legal authority to adjudicate it.
As for Reader’s Write’s concern about “nailing a ‘foreign national’ with a criminal conviction,” suffice it to say that no private film studio has authority to enforce criminal laws, which is why the Plaintiffs here filed only a civil complaint. While the conduct alleged in the Complaint could, if proven beyond a reasonable doubt, establish many grounds for criminal convictions, no such matters can be adjudicated in the Disney v. Hotfile lawsuit. It is a purely civil case–check the docketing. –Tom
February 10th, 2011 at 8:02 pm
@ Tom Sydnor:
I wasn’t aware you’re now actively speaking for the association. When did that begin?
Anyway, I wasn’t making an argument: I was merely commenting on the appearance of things. However, you’ve straightened me out on that and I’m deeply grateful as, I’m sure, is the MPAA.
For readers who may not have come across Sydnor’s name before, he’s a former aide to US senator Orrin ‘Terminator’ Hatch and was, “widely credited with the Senator’s (in)famous ‘blow up their computers‘ solution to P2P file-sharing,” said Seth Schoen in the EFF’s Deep Link, way back.
Sydnor also chipped in on the Jammie Thomas-Rassett case.
Cheers! And thanks for contributing …
(PS – Was it you who penned the words uttered by Hatch? I’ve always wanted to know. Once again, for readers who may not be familiar with them >>>
TED BRIDIS – The Associated Press – Tuesday, June 17, 2003; 5:22 PM
(http://www.politechbot.com/p-04859.html)
[...] “No one is interested in destroying anyone’s computer,” replied Randy Saaf of MediaDefender Inc., a secretive Los Angeles company that builds technology to disrupt music downloads. One technique deliberately downloads pirated material very slowly so other users can’t.
“I’m interested,” [Orrin] Hatch interrupted. He said damaging someone’s computer “may be the only way you can teach somebody about copyrights.” The senator acknowledged Congress would have to enact an exemption for copyright owners from liability for damaging computers. He endorsed technology that would twice warn a computer user about illegal online behavior, “then destroy their computer.”
“If we can find some way to do this without destroying their machines, we’d be interested in hearing about that,” Hatch said. “If that’s the only way, then I’m all for destroying their machines. If you have a few hundred thousand of those, I think people would realize” the seriousness of their actions, he said. “There’s no excuse for anyone violating copyright laws,” Hatch said. [...])