Disney and Warner Bros. Movie Studios To Sue Pirate Web Sites For Advertising
Two of the biggest movie studios have decided to team up to sue pirate websites for advertising and making money off of their hard work.
Triton Media is just one of the companies that they will be going after. The movie studios claim that Triton has at LEAST 9 sites that sell pirated movies.
The money that the website makes off of pirated movie advertisements is what is driving the large movie companies to move forward.
They have asserted that Triton and the other sites have come together to create a cottage industry to benefit all parties involved in the allegedly illegal copyright infringement case.
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Warner Bros. and the Walt Disney Co. have teamed up in a new legal effort to choke off the air supply of various web sites that post and index links to pirated movies.
The two studios are suing Triton Media, alleged to have provided advertising consulting and referrals for nine websites identified as “one-stop-shops” for infringing works.
Warner and Disney assert that Triton has relations with at least nine sites they consider “one stop shop” for illegal copies of the studies work.
The list is made up of mostly no-name sites such as free-tv-video-online.info, movies and thepiratecity.org-links.net. According to the allegation, Triton and the nine sites, basically, had a symbiotic relationship, both parties have benefited from the distribution of pirated works, and Triton made it possible to provide “material support” to websites.
Warners and Disney claim that Triton committed contributory copyright infringement and caused copyright infringement via their advertising assistance. The lawsuit indicates that Hollywood may be on the verge of expanding its hit-list of targets in the ongoing war against piracy.
The complaint was filed on Tuesday in U.S. District Court in California and is not very clear on specific details of Triton’s services to these web sites. Instead, it largely focuses on the misdeeds of the sites.
The two studios identify www.free-tv-video-online.info, supernovatube.com, donogo.com, watch-movies.net, watch-movies-online.tv, watch-movies-links.net, havenvideo.com and piratecity.org as providing users access to content that has been unlawfully reproduced.
The web sites are said to either host infringing content themselves or link to other third-party web sites that have infringing content.
Perfect 10 tried a similar strategy claiming numerous credit card processors in 2004 and again in 2007 to provide payment-processing services to companies started to images of Perfect 10. A federal ju dge rejected the 2004 case against Visa and MasterCard, and Perfect 10 lost the case in 2007 against CCBill and CWIE.
Warner and Disney are hoping that their case will go diversely with Perfect 10′s. However, if the DMCA protected credit card processors to be held responsible because they are just service providers, then it seems likely that the same would apply here for Triton.
All of these sites could themselves be liable for a contributory infringement claim, but the studios have instead decided to reach out even further by taking action against a considerably larger business in Triton. Triton allegedly enables these web sites to operate and has real knowledge that the sites are participating in copyright infringement.
The two studios aren’t the first to attempt to crack down on piracy by targeting so-called arrangers. Adult entertainment publisher Perfect 10 sued Mastercard and Visa in 2004, alleging the two credit card companies provided “crucial transactional support services” to pirate websites. A district court dismissed the case, and later the Ninth Circuit upheld it, determining that Perfect 10 had failed to support any theory of liability against the defendants.
Some legal observers have disputed that Perfect 10 wasn’t the “perfect plaintiff” to bring the case. It appears that Warners and Disney want to take a shot at being the very plaintiff that might expand the definition of contributory copyright infringement.
The studios are seeking unspecified monetary damages as well as an injunction that would prevent Triton from doing business with these web sites.
(note: the Triton Media company mentioned above business is unrelated to Triton Media Group LLC in Sherman Oaks, Calif)
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