{"id":49905,"date":"2020-08-18T09:00:55","date_gmt":"2020-08-18T09:00:55","guid":{"rendered":"https:\/\/www.cryptocabaret.com\/?p=49905"},"modified":"2020-08-18T09:00:55","modified_gmt":"2020-08-18T09:00:55","slug":"yts-operator-helped-movie-companies-catch-a-pirating-user","status":"publish","type":"post","link":"https:\/\/www.cryptocabaret.com\/?p=49905","title":{"rendered":"YTS Operator Helped Movie Companies Catch a Pirating User"},"content":{"rendered":"<p><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2020\/08\/ytslogo-1.jpg\" alt=\"YTS logo\" width=\"238\" height=\"107\">Lawsuits against pirating Internet subscribers are far from new. In the US, they first appeared more than a decade ago.<\/p>\n<p>Over the years, the evidence in these lawsuits was regularly contested. In some cases this led to success, with courts concluding that an IP-address alone is <a href=\"https:\/\/torrentfreak.com\/ip-address-cant-even-identify-a-state-bittorrent-judge-rules-120515\/\">not enough<\/a>. After all, an IP-address doesn&rsquo;t identify a person. <\/p>\n<p>Most prominent was a Ninth Circuit Court of Appeals ruling in the <a href=\"https:\/\/torrentfreak.com\/ip-address-is-not-enough-to-identify-pirate-us-court-of-appeals-rules-180828\/\">Cobbler Nevada v. Gonzales case<\/a>, where the court ruled the copyright holders needed &ldquo;<a href=\"https:\/\/torrentfreak.com\/courts-want-something-more-than-an-ip-address-to-catch-pirates-181217\/\">something more<\/a>&rdquo; than just an IP-address. This ruling has been cited in dozens of cases since.<\/p>\n<p>In response, some rightsholders have become more creative, fishing for piracy clues on social media accounts of alleged pirates. That already goes quite far. However, in a recent case in Hawaii, a group of movie companies took things up a notch after obtaining evidence directly from YTS, the most-visited torrent site.<\/p>\n<h2>Lawsuit Against YTS User and Army Veteran<\/h2>\n<p>The movie companies, including the makers of films such as &ldquo;Hellboy&rdquo; and &ldquo;Rambo: Last Blood,&rdquo; filed a <a href=\"https:\/\/torrentfreak.com\/movie-companies-identify-pirating-yts-user-as-us-army-veteran-200720\/\">lawsuit against US Army veteran Mical Mesot<\/a>. As we revealed earlier, their claim was backed up with evidence that appeared to come directly from the database of YTS.mx. <\/p>\n<p>We have spotted similar lawsuits in the past and speculated that YTS could have handed over this information. YTS&rsquo;s operator previously signed several <a href=\"https:\/\/torrentfreak.com\/yts-settles-another-movie-piracy-lawsuit-while-more-users-get-sued-200127\/\">settlement agreements<\/a> with the same movie companies, so both parties were in contact.<\/p>\n<p>At the same time, it would be unprecedented for an operational torrent site to share user information with copyright holders. <\/p>\n<p>Our initial suspicions couldn&rsquo;t be backed up and neither YTS nor the movie companies&rsquo; lawyer was willing to share further details. However, a recent court filing confirms what happened.<\/p>\n<p>A few days ago, the movie companies submitted a motion for a default judgment against the army veteran, who failed to respond in court. This motion again mentions the evidence from YTS&rsquo;s database. <\/p>\n<p>&ldquo;Defendant registered for an account with the YTS website using a specific email address &lsquo;angelwarcry@gmail.com&rsquo; and logged into the YTS website using this email address from IP address 72.130.106.50 to download torrent files of Plaintiffs&rsquo; Works,&rdquo; the motion reads. <\/p>\n<h2>Data Verified by YTS Operator<\/h2>\n<p>In addition, the rightsholders&rsquo; lawyer adds that this data was &lsquo;verified&rsquo; by the same YTS operator who previously settled copyright infringement lawsuits with movie companies.<\/p>\n<p>&ldquo;The data showing this activity was verified by Senthil Segaran &ndash; the operator of the YTS website,&rdquo; he writes. <\/p>\n<p>The lawyer references an exhibit where the YTS operator, who&rsquo;s also the director of the <a href=\"https:\/\/beta.companieshouse.gov.uk\/company\/12112841\">UK company Techmodo Limited<\/a>, declares under penalty of perjury that the database evidence is &ldquo;the original or a duplicate of an original record.&rdquo;<\/p>\n<\/p>\n<p><center><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2020\/08\/segarancert.jpg\" alt=\"segaran certificate\" width=\"600\" height=\"419\"><\/center><\/p>\n<p>The database information on its own doesn&rsquo;t prove much. However, tied with other information, such as the IP-address that was tracked in the BitTorrent swarm and data gathered from Facebook, a pattern emerges. In any case, it&rsquo;s certainly &ldquo;something more.&rdquo;<\/p>\n<h2>Movie Companies Demand $97,704.79<\/h2>\n<p>The movie companies inform the court that it is highly unlikely that a third party is responsible for the alleged copyright infringements. As such, they hold the army veteran liable and demand $97,704.79 in statutory damages.<\/p>\n<p>This is a substantial amount, but according to the movie companies&rsquo; lawyer, it&rsquo;s only a fraction of the number of downloads in the torrent swarm multiplied by the retail price of the films. That would be nearly $3 million.<\/p>\n<p>&ldquo;Thus, despite Defendant being liable for $2,995,916.28 for the infringements in the World and his, profits, Plaintiff Fallen is only requesting damages of $97,704.79, which is merely 15 percent of the actual damages ($651,365.26) caused by his infringements in the United States and less than 3.3 percent of the actual damages Worldwide,&rdquo; the motion reads.<\/p>\n<h2>Privacy Concerns<\/h2>\n<p>What stands out most, in this case, is the involvement of YTS&rsquo; operator in a lawsuit against a user of the site. We don&rsquo;t know how much data YTS has shared but it&rsquo;s something users of the site must now keep in mind. <\/p>\n<p>YTS previously informed us that users have the option to use fake email addresses and can also prevent their download histories from being tracked in the future by changing a setting. However, for army veteran Mical Mesot, that advice comes too late.<\/p>\n<p>The odds appear to be stacked against the defendant in this case but it&rsquo;s still up to the court to decide if statutory damages are justified, and if so, the suggested amount is appropriate.<\/p>\n<p><em>&mdash;<\/em><\/p>\n<p>A copy of the movie companies&rsquo; motion for a default judgment against Mical Mesot is <a href=\"https:\/\/torrentfreak.com\/images\/mesotdef.pdf\">available here (pdf)<\/a><\/p>\n<p>From: <a href=\"http:\/\/torrentfreak.com\/\">TF<\/a>, for the latest news on copyright battles, piracy and more.<\/p>\n<p class=\"wpematico_credit\"><small>Powered by <a href=\"http:\/\/www.wpematico.com\" target=\"_blank\" rel=\"noopener noreferrer\">WPeMatico<\/a><\/small><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Lawsuits against pirating Internet subscribers are far from new. In the US, they first appeared more than a decade ago. Over the years, the evidence in these lawsuits was regularly contested. In some cases this led to success, with courts concluding that an IP-address alone is not enough. After all, an IP-address doesn&rsquo;t identify a [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":49906,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[308],"tags":[],"class_list":["post-49905","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-torrent"],"_links":{"self":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts\/49905","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=49905"}],"version-history":[{"count":0,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts\/49905\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/media\/49906"}],"wp:attachment":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49905"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49905"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49905"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}