The Copyright Infringement complaint has been dismissed by the federal court in Oregon. The Infringement case has been filed against an alleged movie pirate. In judge point of view, linking an IP-address in the download process by using the pirated way is not a valuable one to prove copyright infringement.
The judge Stacie Beckerman from the Oregon Court has recommended the case dismissal against the copyright infringement case filed by the filmmaker of the Adam Sandler movie “The Cobbler”.
According to the Judge both of them claims the direct and indirect infringement is not more sufficient for this case to continue it. The important thing present in this case is that the direct infringement claims has been already dismissed and which is not happened before.
To prove direct infringement copyright holders just have to make it “plausible” that a defendant, Thomas Gonzales in this case, is indeed the copyright infringer.
According to the Judge Beckerman, This is traditionally done by pointing out that the IP-address is directly linked to the defendant’s Internet connection. However, this is not enough to prove.
The only facts Plaintiff pleads in support of its allegation that Gonzales is the infringer for the Copyright infringement, Gonzales is the subscriber for the IP address which can be used to download or distribute the pirated movies, and that the notice has been sent to the Gonzales but he does not respond for it.
The Plaintiff has not said any specific facts for tying the Gonzales to the infringing activity. While it is possible that the subscriber is also the person those who downloaded the movie, it is also possible to a family member and a resident of the household or also an unknown person who can have any link in the infringing activities.
An outsider assumes that the pirate is not unlikely. The defendant who can operates an adult foster care home where so many people had access to the Internet. The filmmakers have already being an aware of this and during a hearing their counsel admitted that any guest could have downloaded the film.
The filmmakers wants to gather more information. So, they were allowed to divert the Gonzales, but this activity doesn’t give any additional evidence against the Gonzales. Nevertheless, they amended the complaint against the name Gonzales as the defendant, which is not correct according to the Judge Beckerman.
The filmmakers are always trying to hold the accounts of Gonzales for the copyright infringement activity done by others with the help of his connection, but the Judge has decided to conclude that a claim of indirect copyright infringement doesn’t hold up here either.
While not all the judges those who are present across the country may come to the same conclusion, the ruling offers hope for defendants who are in a similar position. Suing alleged Bit Torrent pirates is still an option but increasingly judges demand additional proof.
This should be a reasonable one. There should be no guarantee that all judges those who are present across the country will use the same standard.
Want to know the actual reason behind Video Games being pirated by people