Adult movie company AMA Multimedia has obtained a DMCA subpoena from a Washington court to help it track down individuals who uploaded content to various 'tube' sites. The subpoena orders Cloudflare to hand over the identities of uploaders and potentially site operators too but given the way the content seems to be delivered, it remains a question whether the former will be possible. Before taking direct legal action against alleged copyright infringers, it helps if the identities of those people are known to the potential plaintiff. One method to obtain this information is to file an application for a DMCA subpoena. Commonly filed against domain registries and Cloudflare, DMCA subpoenas can require such companies to give up the names of their allegedly-infringing customers, who are often the operators of ‘pirate’ sites. The process of obtaining a subpoena is attractive and relatively easy since the applications are rarely subjected to much scrutiny and can yield useful results. Last week adult company AMA Multimedia (better known for its Casting Couch X and various other brands) filed an application at a Washington court demanding that Cloudflare provide identifying information of customers said to have infringed the company’s copyrights. According to AMA, it previously asked Cloudflare to remove or disable access to around three dozen URLs, mostly JPG images and direct content links, on domains including the 12 million visits per month Pornmilo.com and the 15 million visits per month HLSMP4.com. With that content apparently still intact, AMA asked the court for permission to demand information from Cloudflare to identify the alleged infringers. “For the period January 1, 2016 through the present, produce all documents and account records that identify the person(s) or entities that caused the infringement of the material described in the attached Exhibit B DMCA notifications to the DMCA Agent for Cloudflare, Inc. and/or who unlawfully uploaded AMA Multimedia LLC’s copyrighted works at the URLs listed in the notifications, including but not limited to identification by names, email addresses, IP addresses, user history, posting history, physical addresses, telephone numbers, and any other identifying information,” the subpoena to Cloudflare reads. In respect of the phrase “person(s) or entities that caused the infringement”, that could mean the operators of the various listed domains – pornmilo.com, javbeautiful.com, 3fu.xyz, 4fu.xyz, hlsmp4.com, o0-1.com, o0-2.com, o0-3.com, o0-4.com, and o0-5.com. However, when it comes to identifying the underlying infringers, that could be more tricky. When one visits Pornmilo.com, the platform gives the initial impression of being a YouTube-like site, presumably one that hosts its own content. On closer inspection, however, the site claims not to host any video content at all. Indeed, it appears that the videos are embedded having been supplied by Fembed, a service that advertises itself as an “All-in-one Video Platform Designed by webmasters, for webmasters.” Essentially, people can host their video files on Fembed and serve them on another site, with or without revenue-generating advertising. Fembed.com isn’t mentioned in the DMCA subpoena but it appears to be connected to HLSMP4.com, which is mentioned multiple times. Furthermore, javbeautiful.com, 3fu.xyz, 4fu.xyz and indeed all the other domains redirect to Fembed.com, so it’s possible that they have the same owners. AMA seem pretty keen to find out exactly who they are. That being said, it is far from clear how Cloudflare itself can establish who uploaded the infringing content on HLSMP4, Fembed, and the other sites so it can hand that information to AMA. At this early stage that may not concern AMA too much and it’s possible that outcome is already being anticipated. Nevertheless, the DMCA subpoena has the ability to get closer to the targets in a cheap and relatively easy fashion. The DMCA subpoena documents can be found here and here (pdf, NSFW) Source: torrentfreak.com

Former Pirate Party Canada leader and Ebook.bike operator Travis McCrea is facing the possibility of crippling sanctions if the plaintiff in his copyright infringement lawsuit has his way. After McCrea failed to produce discovery as ordered by the court, the legal team of author John Van Stry are moving in for the kill, demanding sanctions that have the potential to undermine any chance of McCrea winning his case on the merits. In March 2019, author John Van Stry filed a copyright infringement lawsuit in the United States against former Pirate Party Canada leader Travis McCrea, the operator of eBook download platform eBook.bike. The complaint alleged that McCrea infringed the copyrights of Van Stry by making “at least twelve” of his works available for download without his permission, along with other titles by Stephen King, J.K. Rowling, Joanne Harris, Tom Clancy, and thousands more. It took months for McCrea to file an answer to the complaint and progress since then has been pedestrian, with Van Stry’s legal team claiming that McCrea frustrated and failed to comply with the requirements of the discovery process. As previously reported, Judge Bryson gave McCrea a December 2019 deadline to respond, warning that the court would take action if no significant progress was made. According to Van Stry’s team, nothing positive has happened since and as a result, the court should subject him to the most serious of sanctions. In summary, the plaintiff is asking for a number of facts to be taken as a given in the case moving forward and it’s clear he wants no prisoners taken. Among other things, in a proposed order Van Stry wants the court to find that McCrea was the sole operator of eBook.bike, wrote the site’s software, and reproduced copyrighted content (eBooks and covers) by shifting it from server to server and converting from one format to another. He also wants the court to find that McCrea knowingly distributed millions of copyright-infringing works in the United States, knew that Van Stry’s copyrights were being violated via the site, and was aware that users of eBook.bike did not have permission to upload or download Van Stry’s works. The proposed order further asks the court to rule that McCrea knew about the copyright infringement notices sent by Van Stry, could have taken the relevant content down quickly and easily in response but failed to do so, all while generating advertising revenue from the pirated copies. On top, Van Stry asks the court to declare that McCrea was the domain registrant and administrator of a second site called Books.cat where he allegedly coordinated with “hunters” to obtain eBooks, remove their DRM, and upload the resulting files to eBook.bike. In the face of no discovery to the contrary, the order also wants the court to find that McCrea made “hundreds of thousands of dollars” through eBook.bike, used the revenue to buy an airplane, and destroyed evidence after receiving a document retention notice. Finally, it demands that McCrea be prohibited from supporting the defenses he previously presented to the court. “Given the discovery at issue is all of Plaintiff’s written discovery, Plaintiff found this motion a difficult exercise,” the motion reads. “[H]owever, Plaintiff endeavored to (1) accurately capture the truth as Plaintiff understands it when proposing its summary of facts to be taken as a given; and (2) strike a balance by putting forth high-level facts without overwhelming with minutia, on one hand, while maintaining that the proposals remain facts rather than the ultimate conclusions of law, on the other.” Only time will tell whether Van Stry will get all his own way on these proposals. Source: torrentfreak.com

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