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

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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  • (Score: 2) by DannyB on Monday December 11 2017, @03:30PM

    by DannyB (5839) Subscriber Badge on Monday December 11 2017, @03:30PM (#608286) Journal

    If the plaintiff sold off the right that was allegedly infringed, then it seems to me that the defendant is really claiming that the plaintiff has no standing to bring the suit. Thus, while the defendant claims NOT to have downloaded an infringing file, he also is claiming that even if he did that the plaintiff is the wrong party to bring the suit.

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