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TheDarkOverlord Leaks Eight Episodes of an Unreleased ABC Show


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A federal court in Virginia has ruled that the copyright case being pursued by the major labels against stream-ripping sites FLVTO.biz and 2conv.com can proceed, despite the owner of said sites – Tofig Kurbanov – being a 20 hour flight away from the US state, and a twelve hour drive from his nearest US embassy. Kurbanov has been busy trying to have the case against him dismissed on jurisdiction grounds.

Stream-ripping services – websites that turn temporary streams into permanent downloads – have been at the top of the music industry’s piracy gripe list for some time now. Numerous such sites have been targeted with legal action, or threats of legal action, by the labels and their trade bodies. Many of those targeted sites just shutdown once litigation looks like a very real prospect, but Kurbanov decided to fight the lawsuit filed against him by the US labels in a court in Virginia.

Initially he had some success with the argument that said court didn’t have jurisdiction over the websites he ran entirely from Russia. First time around the district court dismissed the record industry’s lawsuit on those grounds.

However, the labels then took the case to the Fourth Circuit appeals court where judges overturned the lower court ruling after concluding that there were various reasons why it could be deemed that FLVTO.biz and 2conv.com were actively trading in the US, even though the websites are formally based in Russia and don’t require any sign-up from users.

That ruling sent the case back to the district court. Though not before Kurbanov had a go at appealing the appeal, asking the US Supreme Court to intervene on the jurisdiction point. However, the top court declined to get involved earlier this year.

Back in the district court, there was still one more jurisdiction point to be addressed. Although the Fourth Circuit had deemed that FLVTO.biz and 2conv.com were actively trading in the US, there remained one more issue that hadn’t been considered by the district court or the appeals court that could still be grounds for dismissal.

In the words of the district court itself: “Acknowledging that the [lower] court did not reach the issue in its 22 Jan 2019 order, the Fourth Circuit remanded the case to the court with instructions to determinate the final requirement for personal jurisdiction: ‘Whether the exercise of personal jurisdiction would be constitutionally reasonable'”.

In a judgement published on Tuesday, judge Claude M Hilton considered whether making Kurbanov fight this litigation from his base in Russia was or was not “reasonable”. Along the way he noted that copyright cases can be complex and require repeat in-court appearances. And Kurbanov “resides in Rostov-on-Don, Russia, more than 20 hours by place from the Eastern District of Virginia”.

Moreover, the “defendant does not have a visa to visit the United States, and the nearest US embassy for him to obtain one is a twelve-hour drive from his home”.

But don’t be thinking all that geography is a get-out. Kurbanov has legal representation in the US, Hilton then noted, and those lawyers have made many filings on his behalf already. “Defendant appears to maintain satisfactory communication with his counsel”, the judge added, and “there is nothing to indicate defence counsel could not adequately represent defendant’s interest in the United States going forward”.

Adding that the state of Virginia has an interest in resolving this dispute, and stressing again the Fourth Circuit’s conclusion that Kurbanov was actively trading in the state, Hilton concluded: “Defendant has failed to present compelling reasons that litigating this case in the Eastern District of Virginia would unduly burden him”. And so, “defendant Kurbanov is subject to the jurisdiction of this court in this matter”.

Phew, we finally got there. And with the jurisdiction technicalities now dealt with, next the court can actually start considering the copyright infringement claims against FLVTO.biz and 2conv.com, and the various arguments Kurbanov’s lawyers are sure to present as to why a stream-ripping operation cannot in itself be held liable for infringing copyright.

Hacking entity TheDarkOverlord (TD0) has followed through with its threat to leak more unaired TV content. Speaking with TF this morning, TDO said it had approached ABC "with a most handsome business proposal" not to leak eight episodes of Steve Harvey’s Funderdome but was "rudely denied an audience." The content is now spreading via The Pirate Bay.

Late April, a hacking group calling itself TheDarkOverlord (TDO) warned that unless a ransom was paid, it would begin leaking a trove of unreleased TV shows and movies.

Almost immediately it carried through with its threat by leaking the season five premiere of Netflix’s Orange is The New Black. The leak was just the start though, with another nine episodes quickly following. Netflix had clearly refused to pay any ransom.

Ever since there have been suggestions that TDO could leak additional material. It was previously established that the Orange is the New Black leak was the result of a breach at post-production studio Larson Studios. TDO previously indicated that it had more content up its sleeve from the same location.

During the past few hours that became evident when a message sent to TF heralded a new leak of yet another unaired show.

“We’ve just released ABC’s ‘Steve Harvey’s Funderdome’ Season 01 Episodes 01 through 08. This is a completely unaired show,” TDO told TF.

TDO refused to confirm where it had obtained the content but since the show was present in an earlier list distributed by TDO, it seems possible if not probable that the episodes were also obtained from Larson.

“We’re unwilling to discuss the source of this material, but we’ll go on the record stating that this is content that is owned by American Broadcasting Company and it’s just been released on the world wide web for everyone’s consumption,” TDO said.

As can be seen from the image below, the series is now being distributed on The Pirate Bay.

At the time of writing, interest in the episodes is low, with less than a dozen peers reported on the torrent. Those numbers are likely to increase as the day goes on but it’s safe to say that interest is at a much lower level than when Orange is the New Black was dumped online.

Interest levels aside, the reason that both series were leaked appears to be the same. Although TDO wouldn’t go into specifics, the hacking entity told TF that it contacted ABC with demands but had no success.

“We approached ABC with a most handsome business proposal, but we were so rudely denied an audience. Therefore, we decided to bestow a gift upon the good people of the internet,” TDO said.

On June 2, TDO already indicated that ABC could be the next target with a short announcement on Twitter. “American Broadcasting Company may be up next, ladies and gentlemen,” TDO wrote.

Interestingly, there’s a suggestion that TDO views the Netflix and ABC leaks as being different, in that it views the companies’ routes to market as dissimilar.

“This is a different model than Netflix as ABC’s profits are generated much differently,” TDO concludes.

Edited by Chewy_fox
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