Federal Court Orders Pirate Box Sellers To Pay US$23.6m in Copyright Damages

Bell Canada, Videotron, Group TVA and Rogers Communications have been awarded in excess of US$23.6m in copyright damages by a judge at Canada’s Federal Court. The long-running case was filed against retailers involved in the distribution of set-top boxes configured to access TV content, without compensating the relevant rightsholders.

From: TF, for the latest news on copyright battles, piracy and more.

IPTVPre-loaded set-top boxes and pirate IPTV services are a major problem for content owners and broadcasters around the world.

Through a growing number of out-of-court actions and full-blown lawsuits, media companies are trying to tackle the threat but as a case in Canada shows, these can be drawn-out affairs.

Canadian Media Companies Target Set-Top Box Retailers

In 2016, companies including Bell Canada, Videotron, Group TVA and Rogers Communications filed a copyright infringement action at Canada’s Federal Court. They complained that retailers L3D Distributing (INL3D), Morcor Computers 2000 and Ottawa Tek Corporation advertised and sold piracy-configured set-top boxes and pirate IPTV services to the public.

INL3D sold at least three models of pre-load set-top box and also offered access to a pirate IPTV service carrying in excess of 174 TV channels. The plaintiffs complained that this breached their rights in respect of at least 386 copyrighted works.

Ottawa Tek also sold pre-loaded set-top boxes and access to a pirate IPTV service, which together provided access to at least 1,408 copyrighted works. Morcor sold at least four types of piracy-configured devices and access to an unlicensed IPTV service. The company also gave demonstrations to customers on how to use various Kodi addons to access more than 300 TV channels carrying at least 1,136 copyrighted works.

The plaintiffs were awarded an interlocutory injunction in 2016 and later sought a default judgment after the defendants failed to file a defense.

Federal Court Considers Plaintiffs’ Claims

In addition to a permanent injunction, the media companies asked for a huge statutory damages award (CAD$20,000 / US$15,935) per infringed work, punitive damages (CAD$1,000,000 / US$797,455) plus a lump sum (CAD$50,000 / US$39,872) to cover some of their legal costs.

In a decision handed down by Justice Fuhrer at the Federal Court, the defendants were found to have infringed the media companies’ copyrights by making their works available to the public without consent. Additionally, the defendants were deemed to have authorized the infringement of the plaintiffs’ copyrights with respect to the streaming sites’ communication of copyrighted content to the public.

Addressing the statutory damages sought by the media companies (a total of CAD$58.6m / US$46.73m), the Judge noted that the infringements were commercial in nature and caused “serious and enduring harm” to the plaintiffs. However, the demands for CAD$20,000 (US$15,935) per infringed work in statutory damages were considered excessive when compared to previous decisions in similar cases.

Judge Hands Down CAD$29.3m (US$23.6m) Damages Award

Settling on the middle ground, Justice Fuhrer found that a CAD$10,000 (US$12,707) statutory damages award per infringed work would be appropriate against each of the defendants to a total of CAD$29.3m (US$23.37m), broken down as follows:

Bell Media damages

Finding that the plaintiffs “inherently and blatantly” disregarded the plaintiffs’ rights, the Judge also found in favor of a punitive damages award of CAD$100,000 (US$79,745) for each defendant to a total award of CAD$300,000 (US$239,236).

The no-show defendants were also ordered to pay a total of CAD$75,000 (US$59,809) towards the plaintiffs’ costs and told to abide by the terms of a permanent injunction.

The full decision can be found here

From: TF, for the latest news on copyright battles, piracy and more.

Anime studios and an all-star cast combine for Star Wars: Visions

The series of 9 animated shorts starts streaming on Disney+ on September 22.

Disney's expansion of the Star Wars universe continues apace. On Tuesday, the company released a trailer for Star Wars: Visions, a series of short animated films that debuts on Disney+ on September 22. Visions will look strikingly different from other animated Star Wars escapades; the shorts were made by seven Japanese anime studios, each with its own distinct aesthetic.

There are nine shorts in total: "The Duel" by Kamikaze Douga; "Lop and Ochō" by Geno Studios (Twin Engine); "Tatooine Rhapsody" by Studio Colorido (Twin Engine); "The Twins" and "The Elder" by Trigger; "The Village Bride" by Kinema Citrus; "Akakiri" and "T-B1" by Science Saru; and "The Ninth Jedi" by Production IG.

"We really wanted to give these creators a wide creative berth to explore all the imaginative potential of the Star Wars galaxy through the unique lens of anime," said executive producer James Waugh during a panel at Anime Expo Lite in early July. "We realized we wanted these to be as authentic as possible to the studios and creators who are making them, made through their unique process, in a medium they’re such experts at. So... this is their vision riffing off all the elements of the Star Wars galaxy that inspired them—hopefully to make a really incredible anthology series, unlike anything we’ve seen before in the Star Wars galaxy."

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Daily Deals (8-17-2021)

Amazon is offering discounts on most of its Fire, Kindle, and Echo-branded products. Among other things, that means you can pick up a tablet for as little as $40, a Kindle eReader for as little as $65, or a 4K media streamer for as little as $38. But …

Amazon is offering discounts on most of its Fire, Kindle, and Echo-branded products. Among other things, that means you can pick up a tablet for as little as $40, a Kindle eReader for as little as $65, or a 4K media streamer for as little as $38. But there are even better deals if you […]

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Glasfaser: Telekom bestreitet hohe Folgekosten durch Trenching

Schäden an getrenchter Glasfaser seien durch eine ordentliche Vorarbeit ausgeschlossen, erklärt die Telekom. Wer das nicht einhalte, sei selbst für Schäden verantwortlich. (Glasfaser, Telekom)

Schäden an getrenchter Glasfaser seien durch eine ordentliche Vorarbeit ausgeschlossen, erklärt die Telekom. Wer das nicht einhalte, sei selbst für Schäden verantwortlich. (Glasfaser, Telekom)

Nura’s new earbuds are only available with a subscription (but you get a new pair every 24 months)

Subscription pricing has come to the world of true wireless earbuds. Just like you buy phones from wireless carriers in monthly installments, now you can buy a pair of NURABUDS true wireless earbuds by paying $5 per month for a NURANOW subscription. I…

Subscription pricing has come to the world of true wireless earbuds. Just like you buy phones from wireless carriers in monthly installments, now you can buy a pair of NURABUDS true wireless earbuds by paying $5 per month for a NURANOW subscription. In fact, that’s the only way to get your hands on the latest earbuds […]

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