Funimation Sues 1,337 BitTorrent Users Over One Piece

Axiom · 01-31-2011, 07:56 PM

http://www.animenewsnetwork.com/news...over-one-piece

Quote:

The North American anime distributor Funimation filed a copyright infringement complaint against 1,337 "John Does" over the 481st episode of the One Piece television anime on Monday. According to the suit filed in the Northern District of Texas, the unidentified defendants "collectively participated, via the Internet, in the unlawful reproduction and distribution" of the episode "Ace Rescued! Whitebeard's Final Order!" via the BitTorrent file-sharing protocol. The suit lists defendants by their host IP (Internet Protocol) addresses and Internet service providers. The alleged incidents of copyright infringement took place between January 9 and January 12.

The lawsuit identifies three of the sites where the defendants allegedly found the BitTorrent reference descriptor files for the One Piece episode. The suit also notes that users in a BitTorrent "swarm," by the inherent nature of the technology, are simultaneously downloading parts of the file and distributing parts of it to others. Funimation believes that the identities of the current 1,337 defendants and "additional infringing parties" will be revealed during the pre-trial discovery phase of the lawsuit, and it will then amend the suit to include their names.

Funimation asks the court to stop the defendants from infringing on Funimation's copyrights for this episode and any other videos now or in the future. If another request in the suit is granted, defendants "shall destroy all copies of Plaintiff's [videos] that Defendant has downloaded onto any computer hard drive or server without Plaintiff's authorization and shall destroy all copies of those downloaded [videos] transferred onto any physical medium or device in each Defendant's possession, custody, or control." Funimation also seeks compensation for damages and legal costs.

I don't do torrents so this wont affect me, but for some of you american downloaders out their this may be worth following..

**Mal** · 01-31-2011, 08:02 PM

I don't do One Piece, so this won't affect me.

KillerNN · 01-31-2011, 08:06 PM

I don't do torrents, so this won't affect me.

i think?

ACt · 01-31-2011, 08:10 PM

I live in Canada, they aren't suing us yet.

kael03 · 01-31-2011, 08:19 PM

Am I the only one thinking Funimation is trying to be "leet"? (1337 for those that don't speak "leet")

ninjalostboy95 · 01-31-2011, 08:58 PM

Lol, they never heard of closing the window when they're done downloading? That's the most frequent way people get caught.

Axiom · 01-31-2011, 09:20 PM

Quote:

Originally Posted by AkamaruChewtoy

I live in Canada, they aren't suing us yet.

No need for legal action. When ever canadian authorities find someone breaking the law. They just call you in to give them a stern lecture, and problem solved.

**Miburo** · 01-31-2011, 09:50 PM

I honestly can't see how they could possibly provide adequate proof for their claim. With my limited knowledge of how P2P programs work, you only download a small piece of data from any given person. A line of data wouldn't constitute as something protected under copyright law. Just like a single note of a song wouldn't. Neither would a couple of random pieces of data, or a couple random notes from any given song.

And that's all they can really prove you did. You connected to the swarm and either shared or obtained a bit of data from someone from the company monitoring this shit that was also connected to the swarm. They can't prove that you downloaded or shared anything that would add up to a recognizable piece of work. From what I understand, of course.

It would also be impossible to prove any actual loss or damages, since it's impossible to prove that anyone who would watch something for free would actually buy it if the free option wasn't available.

Filing a claim doesn't mean much of anything. You can file a claim for pretty much anything. They're most likely doing it to scare people.

Also, I don't watch one-piece. So no worries there. Only care because of the potential injustice involved.

ninjalostboy95 · 01-31-2011, 10:11 PM

Well, I don't know how companies think but I know about the seater and the downloader. The seater is basically the person you're getting the bit of data from(BitTorrent duh) and they basically do that so no one can intercept the whole file and claim you downloaded it and for bandwith(Faster downloading speed according to them.) Anyone can be a seater and not even know it. A seater has a part of or all the parts of the file and is now considered to be a "Host." Seaters are usually caught by not closing the window that states your download is complete and since they're still connected, You become the host so close it right after the download is complete to avoid being used or just don't use torrents. Either way is fine.

**Miburo** · 01-31-2011, 11:38 PM

^ Lol.

**Mal** · 01-31-2011, 11:45 PM

Lol indeed. You seriously have no idea whatsoever how P2P works, nlb.

An interesting read here about Francis Coppola's opinion on art and copyright.

ask me anything · 02-01-2011, 12:04 AM

This reminds me of that woman who got sued over downloading songs a while back.

Really Funimation shouldn't have a chance in court, despite the law technically being on their side here. Owning a copyright is only half of the equation. How well you defend it is the other half. If there has been a history of people using that intellectual property without the owner challenging it in courts, that has merit over future use of that property.

I don't know if this torrent site just started offering One Piece for download, but I doubt it. If that were the case then yeah, Funimation would be in the right here, or if they only became aware of this site just recently. If however they've offered every episode for download for some time now, without Funimation taking action, then that hurts their claim. It raises the question "why wait until the 481st episode"? What about the 480 previous episodes? Were they any less infringing on the copyright and why not sue before. That's the kinda shit that hurts them in court cases.

This whole thing feels like a big shakeup anyway. Just some douche trying to make an example.

**Mal** · 02-01-2011, 12:16 AM

That's all it is when any company tries to sue anyone for copyright infringement; they're just trying to strike fear into the hearts of potential pirates.

If I were the large corporations who owned these copyrights, I'd be putting pressure on the government rather than individuals. Copyright law is still years behind our media technology and is overdue for a major update.

**Miburo** · 02-01-2011, 12:46 AM

I'd just set up a site to download my copyright material for free, and make money off advertisements. If my shit is popular, that would attract more advertisers, and I'd make quite a bit of cash. And if my site existed and was well set up, there would be absolutely no incentive for people to go anywhere else to download it.

All while not being a douchebag to people who obviously enjoy my work to some degree and are doing nothing immoral (Plus, taking advantage of the fact that there may be people that wouldn't, say, buy a DVD, but would download an episode for free. I make money from people I otherwise wouldn't using the out-dated method. Progress, fuck yeah.), and not encouraging illogical aspects of laws that shouldn't exist.

Loh' · 02-01-2011, 02:24 PM

When you download the torrent file and use its contents you're sending your IP over the network.

Millions of fagmericans do it. As for Funimation? Hahaha losers... CATCH ME IF YOU CAN!

01-31-2011, 08:02 PM	#2
Mal Scotch Join Date: Feb 2005 Posts: 3,102 Thanks: 12,874 Thanked 10,827 Times in 3,841 Posts	Re: Funimation Sues 1,337 BitTorrent Users Over One Piece I don't do One Piece, so this won't affect me.

01-31-2011, 08:06 PM	#3
KillerNN Λυρικής Σκέψεις Join Date: Feb 2010 Location: Vagabond Posts: 2,097 Thanks: 3,614 Thanked 4,322 Times in 1,976 Posts	Re: Funimation Sues 1,337 BitTorrent Users Over One Piece I don't do torrents, so this won't affect me. i think? __________________ The Cap'n

01-31-2011, 08:10 PM	#4
ACt Heart Wizard Join Date: May 2009 Location: The Halls of Irreverence Posts: 3,257 Thanks: 5,326 Thanked 18,706 Times in 4,853 Posts	Re: Funimation Sues 1,337 BitTorrent Users Over One Piece I live in Canada, they aren't suing us yet.

01-31-2011, 08:19 PM	#5
kael03 Aspiring Physicist Join Date: May 2010 Age: 27 Posts: 4,606 Thanks: 4,861 Thanked 8,544 Times in 3,787 Posts	Re: Funimation Sues 1,337 BitTorrent Users Over One Piece Am I the only one thinking Funimation is trying to be "leet"? (1337 for those that don't speak "leet")

01-31-2011, 08:58 PM	#6
ninjalostboy95 Osu! = the best game ever Join Date: May 2010 Location: NY, Far Rockaway(currently) Age: 17 Posts: 5,772 Thanks: 8,239 Thanked 4,587 Times in 2,795 Posts	Re: Funimation Sues 1,337 BitTorrent Users Over One Piece Lol, they never heard of closing the window when they're done downloading? That's the most frequent way people get caught.

01-31-2011, 09:50 PM	#8
Miburo Deos Fortioribus Adesse Join Date: Jul 2005 Location: Valhalla Posts: 3,543 Thanks: 34,417 Thanked 17,643 Times in 5,442 Posts	Re: Funimation Sues 1,337 BitTorrent Users Over One Piece I honestly can't see how they could possibly provide adequate proof for their claim. With my limited knowledge of how P2P programs work, you only download a small piece of data from any given person. A line of data wouldn't constitute as something protected under copyright law. Just like a single note of a song wouldn't. Neither would a couple of random pieces of data, or a couple random notes from any given song. And that's all they can really prove you did. You connected to the swarm and either shared or obtained a bit of data from someone from the company monitoring this shit that was also connected to the swarm. They can't prove that you downloaded or shared anything that would add up to a recognizable piece of work. From what I understand, of course. It would also be impossible to prove any actual loss or damages, since it's impossible to prove that anyone who would watch something for free would actually buy it if the free option wasn't available. Filing a claim doesn't mean much of anything. You can file a claim for pretty much anything. They're most likely doing it to scare people. Also, I don't watch one-piece. So no worries there. Only care because of the potential injustice involved.

01-31-2011, 10:11 PM	#9
ninjalostboy95 Osu! = the best game ever Join Date: May 2010 Location: NY, Far Rockaway(currently) Age: 17 Posts: 5,772 Thanks: 8,239 Thanked 4,587 Times in 2,795 Posts	Re: Funimation Sues 1,337 BitTorrent Users Over One Piece Well, I don't know how companies think but I know about the seater and the downloader. The seater is basically the person you're getting the bit of data from(BitTorrent duh) and they basically do that so no one can intercept the whole file and claim you downloaded it and for bandwith(Faster downloading speed according to them.) Anyone can be a seater and not even know it. A seater has a part of or all the parts of the file and is now considered to be a "Host." Seaters are usually caught by not closing the window that states your download is complete and since they're still connected, You become the host so close it right after the download is complete to avoid being used or just don't use torrents. Either way is fine.

01-31-2011, 11:38 PM	#10
Miburo Deos Fortioribus Adesse Join Date: Jul 2005 Location: Valhalla Posts: 3,543 Thanks: 34,417 Thanked 17,643 Times in 5,442 Posts	Re: Funimation Sues 1,337 BitTorrent Users Over One Piece ^ Lol.

01-31-2011, 11:45 PM	#11
Mal Scotch Join Date: Feb 2005 Posts: 3,102 Thanks: 12,874 Thanked 10,827 Times in 3,841 Posts	Re: Funimation Sues 1,337 BitTorrent Users Over One Piece Lol indeed. You seriously have no idea whatsoever how P2P works, nlb. An interesting read here about Francis Coppola's opinion on art and copyright. Last edited by Mal; 01-31-2011 at 11:47 PM.

02-01-2011, 12:04 AM	#12
ask me anything Simply AMAzing Join Date: Sep 2009 Location: Impel Down Posts: 3,053 Thanks: 8,845 Thanked 3,363 Times in 1,498 Posts	Re: Funimation Sues 1,337 BitTorrent Users Over One Piece This reminds me of that woman who got sued over downloading songs a while back. Really Funimation shouldn't have a chance in court, despite the law technically being on their side here. Owning a copyright is only half of the equation. How well you defend it is the other half. If there has been a history of people using that intellectual property without the owner challenging it in courts, that has merit over future use of that property. I don't know if this torrent site just started offering One Piece for download, but I doubt it. If that were the case then yeah, Funimation would be in the right here, or if they only became aware of this site just recently. If however they've offered every episode for download for some time now, without Funimation taking action, then that hurts their claim. It raises the question "why wait until the 481st episode"? What about the 480 previous episodes? Were they any less infringing on the copyright and why not sue before. That's the kinda shit that hurts them in court cases. This whole thing feels like a big shakeup anyway. Just some douche trying to make an example. __________________

02-01-2011, 12:16 AM	#13
Mal Scotch Join Date: Feb 2005 Posts: 3,102 Thanks: 12,874 Thanked 10,827 Times in 3,841 Posts	Re: Funimation Sues 1,337 BitTorrent Users Over One Piece That's all it is when any company tries to sue anyone for copyright infringement; they're just trying to strike fear into the hearts of potential pirates. If I were the large corporations who owned these copyrights, I'd be putting pressure on the government rather than individuals. Copyright law is still years behind our media technology and is overdue for a major update.

02-01-2011, 12:46 AM	#14
Miburo Deos Fortioribus Adesse Join Date: Jul 2005 Location: Valhalla Posts: 3,543 Thanks: 34,417 Thanked 17,643 Times in 5,442 Posts	Re: Funimation Sues 1,337 BitTorrent Users Over One Piece I'd just set up a site to download my copyright material for free, and make money off advertisements. If my shit is popular, that would attract more advertisers, and I'd make quite a bit of cash. And if my site existed and was well set up, there would be absolutely no incentive for people to go anywhere else to download it. All while not being a douchebag to people who obviously enjoy my work to some degree and are doing nothing immoral (Plus, taking advantage of the fact that there may be people that wouldn't, say, buy a DVD, but would download an episode for free. I make money from people I otherwise wouldn't using the out-dated method. Progress, fuck yeah.), and not encouraging illogical aspects of laws that shouldn't exist.

02-01-2011, 02:24 PM	#15
Loh' Jounin Join Date: Sep 2010 Location: _ Posts: 953 Thanks: 448 Thanked 276 Times in 168 Posts	Re: Funimation Sues 1,337 BitTorrent Users Over One Piece When you download the torrent file and use its contents you're sending your IP over the network. Millions of fagmericans do it. As for Funimation? Hahaha losers... CATCH ME IF YOU CAN!

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