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Accused Downloader Points Out Company Sold Away Rights

posted by janrinok on Sunday December 10 2017, @05:15PM   
from the be-careful-how-you-license dept.

An Anonymous Coward writes:

https://torrentfreak.com/movie-company-has-no-right-to-sue-accused-pirate-argues-171208/

"ZHANG denies downloading the movie but Defendant's current motion for summary judgment challenges a different portion of F&D's case: Defendant argues that F&D has alienated all of the relevant rights necessary to sue for infringement under the Copyright Act," Madden writes.

The filmmakers opposed the request and pointed out that they still had some rights. However, this is irrelevant according to the defense, since the distribution rights are not owned by them, but by a company that's not part of the lawsuit.

"Plaintiff claims, for example, that it still owns the right to exploit the movie on airlines and oceangoing vessels. That may or may not be true – Plaintiff has not submitted any evidence on the question – but ZHANG is not accused of showing the movie on an airplane or a cruise ship.

"He is accused of downloading it over the Internet, which is an infringement that affects only an exclusive right owned by non-party DISTRIBUTOR 2," Madden adds.

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Original Submission

• fighting erosion one sand grain at a time fighting erosion one sand grain at a time (Score: 4, Interesting) by bzipitidoo on Sunday December 10 2017, @07:49PM (1 child)

  by bzipitidoo (4388) on Sunday December 10 2017, @07:49PM (#608036) Journal

  The article didn't say, and a hasty search didn't turn up much, but I suppose Lingfu Zhang is an ordinary citizen caught in the MAFIAA dragnet, and not some billionaire operator of a massive pirate website, creator of cracking tools, or even the owner of a factory that produces physical media. What is the basis of the accusation that he copied a movie? An IP address that supposedly is his, engaging in bit torrent and tracked by some of those MAFIAA watchdogs? And is just one movie the subject of the accusation? Just one movie?

  This lawsuit doesn't even seem to be part of the MAFIAA's terrorism, as there is apparently very little publicity about it. Anyway, it appears that over the past decade, the MAFIAA has toned down the histrionics about "digital theft". Nope, this looks like a plain old shakedown that went awry when the victim fought back.

  Starting Score:	1		point
  Moderation		+2
  Interesting=2, Total=2
  Extra 'Interesting' Modifier		0
  Karma-Bonus Modifier		+1
  Total Score:		4

• Re:fighting erosion one sand grain at a time (Score: 2) by DeathMonkey on Monday December 11 2017, @07:35PM

  by DeathMonkey (1380) on Monday December 11 2017, @07:35PM (#608396) Journal

  I'm pretty sure throwing lawsuits out due to lack of standing is lawyerin' 101, as well.

  This isn't the novel legal tactic the summary seems to be implying.

  Parent