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Author Topic: $1.5 Million Default Judgment Against Kywan Fisher (Flava Works INC  (Read 4887 times)

Greg Troy (KeepFighting)

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This is an interesting article from over at www.dietrolldie.com and is a perfect example of why you should not ignore a court summons. This is another P2P bit torrent case with a bit of a twist. Mr. Fisher actually had an account with Flava which in the account agreement stated you would not share the movies you downloaded, Mr. Fisher downloaded 10 movies which later appeared on a bit torrent site. Flava Works states they know it was Mr. Fisher's movies as when you download a movie their system puts a small unique identifying code into the movie as to who downloaded. While this looks bad for Mr. Fisher it still does not prove that it was not a roommate, malware or a hacker that did the posting. Mr. Fisher could've possibly raised enough doubts to avoid a judgment against him yet he chose to ignore the summons and had a default judgment entered against him. The judge gave Flava Works the max of $150,000 per infringement times 10 downloads was $1.5 million plus reasonable legal fees. You may read the entire article here:

http://dietrolldie.com/2012/11/01/1-5-million-default-judgment-against-kywan-fisher-flava-works-inc-112-cv-01888-ndil/
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

SoylentGreen

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Re: $1.5 Million Default Judgment Against Kywan Fisher (Flava Works INC
« Reply #1 on: November 04, 2012, 05:06:00 PM »
Great posting; it's quite interesting.

Yes, it's quite a leap of faith making a connection between the person that bought the vid, and the person that seeded the file.
It would have been fairly easy to fight.

Another possibility for a defense would have been whether putting the code into the movie violated any privacy laws/agreements.
My understanding is that "Flava" provides "gay" materials.  One would have some expectation of anonymity when dealing with them.

S.G.


Greg Troy (KeepFighting)

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Re: $1.5 Million Default Judgment Against Kywan Fisher (Flava Works INC
« Reply #2 on: November 04, 2012, 06:18:21 PM »
You are correct in that Flava is geared toward Gay videos, in the article is a link that shows a screen capture of the videos listed on the site in question and it was called "Gay Torrent".

Great posting; it's quite interesting.

Yes, it's quite a leap of faith making a connection between the person that bought the vid, and the person that seeded the file.
It would have been fairly easy to fight.

Another possibility for a defense would have been whether putting the code into the movie violated any privacy laws/agreements.
My understanding is that "Flava" provides "gay" materials.  One would have some expectation of anonymity when dealing with them.

S.G.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

 

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