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Yesterday, the entertainment
industry was honored with one of the most important, and unusual, victories
against copyright piracy; a federal judge in Los Angeles terminated a lawsuit against
TorrentSpy because the web site provided false testimony under oath and hided
and destroyed evidence, which made a fair trial impossible.
Thus, Judge Florence-Marie Cooper
of U.S. District Court in the Central District of California agreed with the
Motion Picture Association of America’s attorneys and decided it was necessary to
terminate the case because the popular web site’s operators’ action had
impacted the ability for the movie studios to prove their case.
TorrentSpy is a BitTorrent
indexing service that helps people find copyrighted material for free on the
Internet. TorrrentSpy is one of the largest torrent trackers of the Web and
although it doesn’t in fact store the infringing video material on its own web site,
it directs people to its locations. Thus, not only that TorrentSpy promotes
piracy and copyright infringement, but it also helps users find the infringing
files.
The lawsuit that Judge Florence-Marie
Cooper of U.S. District Court in the Central District of California agreed to
terminate yesterday had been filed against TorrentSpy in 2006, by Viacom’s Paramount and other
studios. The defendants were accused of illegally allowing users to share and
download large files with the help of the popular software tool BitTorrent.
However, because of its own
actions, TorrentSpy will never be able to defend itself against those
accusations. On Tuesday, the Los
Angeles federal judge concluded that "Defendants'
conduct during discovery in this case has been obstreperous," and that "They
have engaged in widespread and systematic efforts to destroy evidence and have
provided false testimony under oath in an effort to hide evidence of such
destruction." The Judge decided to terminate the lawsuit and to take the
side of the MPAA.
But, although the court’s
decision is considered a “significant victory for the major Hollywood studios,”
according to John Malcolm, executive vice president and director of worldwide
anti-piracy operations for the Motion Picture Association of America,
TorrentSpy’s attorneys called the ruling “draconian in nature and unfair” and
they will appeal the decision.
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