File locker websites Filesonic and Oron have been served with legal papers by pornographic company Flava Works. In court with the sites' representatives, are 26 individuals that purportedly shared links of the copyright protected content on the sites as well as publicising links to it elsewhere.
Flava works is alleging, that both Filesonic and Oron profited through affiliate schemes through the illicit sharing of its material. In its filing, the pornographic firm known for such series as CocoBoyz, said that: “Filesonic.com is not a legitimate file storage company. Filesonic.com’s affiliates reward program offered members the opportunity to make money by uploading copyrighted videos.”
It goes on to explain that: “Affiliates members are paid based upon the number of downloads of their posted materials and based upon how many other premium memberships were bought by users accessing Filesonic.com through the member’s links.”
Because of this, Flava works has accused the defendents of direct copyright infringement, as well as contributing to further infringement, and inducing it through incentives.
As would be expected, the adult entertainment company is seeking reimbursement, alongside a permanent injunction against the sites. However as well as statutory damages, it is also looking for punitive damages. This last category is where the dollars can really start to stack up, since punitive damages are designed as a punishment rather than a direct repayment of lost revenue.
Ben Dover recently announced his intention to go after file sharers too, making this type of legal scuffle surprisingly, less surprising.
KitGuru Says: While this isn't the first suit Oron has been involved with that involved adult material, Filesonic's targeting is an interesting one, since the site hasn't allowed public file sharing since January.
I’m wondering if I leased a B&M storage unit and stored stolen merchandise in it, would the company I leased the unit from be liable? If I rent an apartment and sell drugs out of it is the landlord responsible? Etc…