The Cobbler | KitGuru https://www.kitguru.net KitGuru.net - Tech News | Hardware News | Hardware Reviews | IOS | Mobile | Gaming | Graphics Cards Fri, 06 Jan 2017 12:40:03 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.3 https://www.kitguru.net/wp-content/uploads/2021/06/cropped-KITGURU-Light-Background-SQUARE2-32x32.png The Cobbler | KitGuru https://www.kitguru.net 32 32 $17,000 compensation goes to wrongfully accused ‘pirate’ https://www.kitguru.net/channel/jon-martindale/17000-compensation-goes-to-wrongfully-accused-pirate/ https://www.kitguru.net/channel/jon-martindale/17000-compensation-goes-to-wrongfully-accused-pirate/#respond Fri, 06 Jan 2017 12:40:03 +0000 http://www.kitguru.net/?p=316758 A man who was accused of pirating Adam Sandler movie, The Cobbler, has been awarded $17,000 by an Oregon judge in compensation for the aggressive tactics by the production company that tried to take him to court. The monetary award will cover the man's legal fees accrued throughout the process, as well as other expenses. In …

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A man who was accused of pirating Adam Sandler movie, The Cobbler, has been awarded $17,000 by an Oregon judge in compensation for the aggressive tactics by the production company that tried to take him to court. The monetary award will cover the man's legal fees accrued throughout the process, as well as other expenses.

In 2015, Thomas Gonzales, the operator of a foster care home for adults, was accused by the makers of The Cobbler (it's not clear which production company was behind it, as the legal junction lists them as Cobbler Nevada LLC) of pirating the movie. Instead of paying a small settlement fee as was likely expected of him, Gonazles complained to the courts and ultimately won.

cobbler

Considering many people had access to the internet through the foster home, the judge ruled that there was no way to prove that Gonzales was responsible for downloading the movie. They chided the movie makers for taking the case as far as they did and awarded Gonzales $17,222 for legal expenses and a further $255 for miscellaneous costs.

It is hoped that with this decision, the court will dissuade anti-piracy lobby groups and production companies from taking legal action against individuals without evidence of wrongdoing beyond basic IP address tracking. It should also act as precedent for any future defendants who find themselves accused of piracy despite being innocent.

As TorrentFreak points out, this case should also offer moral support to those accused of piracy. It's not always worthwhile to ignore or pay up when faced with settlement figures.

Discuss on our Facebook page, HERE.

KitGuru Says: Of course it's worth bearing in mind that had Gonzales lost, he would be thousands of dollars in the hole and potentially facing fines, so it's risky taking such accusations to court, but at least in Gonzales' case, it worked out well.

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Movie studios are getting into the interrogation game https://www.kitguru.net/channel/jon-martindale/movie-studios-are-getting-into-the-interrogation-game/ https://www.kitguru.net/channel/jon-martindale/movie-studios-are-getting-into-the-interrogation-game/#comments Thu, 19 Nov 2015 10:38:04 +0000 http://www.kitguru.net/?p=275738 It used to be that even though you might be tracked and discovered for illegally downloading a movie, the worst you could expect would be a summons to court and a potential fine that would bankrupt you. Now movie studios might get to spend some time alone with you in a room. At least that …

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It used to be that even though you might be tracked and discovered for illegally downloading a movie, the worst you could expect would be a summons to court and a potential fine that would bankrupt you. Now movie studios might get to spend some time alone with you in a room. At least that is what Voltage Pictures, the financial backer of Adam Sandler film, The Cobbler, wants to do, in order to determine if it was you or someone else who pirated the movie.

This comes off of the back of the Popcorn Time lawsuits that Voltage initiated earlier this year. While a number of defendants have settled with the film-makers to avoid any sort of legal action, some simply refused to respond to the communications – a not uncommon strategy in such instances. Because of this, the film-producers have little ground to go on, as these cases often require an admission of guilt to proceed much beyond veiled threats.

But that's exactly what the film-makers want to do in this case.

“While the named subscriber is often the proper defendant, plaintiff wishes to ensure that investigations are complete and proper and submits that in this matter something beyond the mere identification of a subscriber by an ISP is proper before a defendant is named,” the studio said (via TorrentFreak).

cobbler

But the film looks so whimsical and bizarrely photoshopped. Source: Image Entertainment

To complete those “investigations” the producers want to conduct depositions of the accused while they are under oath. These meetings can however take place at a location decided upon by the accused's lawyer and will take no longer than two hours.

It's a request of the court that has been granted, so these depositions will go ahead. In them the potential defendants will be ordered to identify anyone who may have had access to their internet connection during the period the film was allegedly downloaded.

Discuss on our Facebook page, HERE.

KitGuru Says: Beyond the fact that heavy handed enforcement like this doesn't produce a profit or a reduction in piracy, it seems like demanding notice of whoever had access to the account is starting to infringe these people's right to privacy. 

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Popcorn Time users are settling their lawsuits https://www.kitguru.net/channel/jon-martindale/popcorn-time-users-are-settling-their-lawsuits/ https://www.kitguru.net/channel/jon-martindale/popcorn-time-users-are-settling-their-lawsuits/#comments Mon, 19 Oct 2015 10:09:33 +0000 http://www.kitguru.net/?p=272207 The release of Popcorn Time was a watershed moment for piracy. Just as Bittottent made it easier than the early days of file sharing, Popcorn Time changed the game once again and made torrenting just as simple as streaming content from Netflix. As much as this could have been a moment where movie studios considered …

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The release of Popcorn Time was a watershed moment for piracy. Just as Bittottent made it easier than the early days of file sharing, Popcorn Time changed the game once again and made torrenting just as simple as streaming content from Netflix. As much as this could have been a moment where movie studios considered their actions in the face of what is arguably, a superior service to what they offered, they took the age old route and just started suing people. And now some of them are settling.

The particular studio that went after the downloaders in this instance was the one behind the Adam Sandler vehicle, The Cobbler, which sued 11 alleged pirates in August this year, five of which have now admitted their guilt and settled for an undisclosed sum, according to TorrentFreak. However, the amount was said by the organisation behind the suit to be less than the statutory minimum of $750.

popcorntime2

While this is the one of the first instances of Popcorn Time related lawsuits against downloaders, the series of events leading to the settlement is very familiar. The movie studio in question contacts the alleged defendants through legal counsel, those individuals admit their guilt and settle.

Due to the popularity and proliferation of Popcorn Time and similar services, it may be the case that a new round of lawsuits and copyright trolling are set to take place, especially if potential claimants believe it is as simple as sending legal correspondence to the alleged infringers. One of the biggest potential pitfalls for such entities is the legal costs involved, which is why they tend to aim for the lowest hanging fruit.

Discuss on our Facebook page, HERE.

KitGuru Says: Some lawyers have traditionally advised that anyone accused of illegally streaming or downloading content to ignore or deny it, as often the only evidence of guilt is an IP address linked to a bill-payer, which is rarely considered grounds for identification or proof of guilt.

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