Netflix, Amazon, Hollywood Studios Seek Millions in Piracy Damages

Netflix, Amazon Prime Video and several Hollywood studios are seeking default judgement regarding millions in damages from a shuttered Florida-based streaming service accused of copyright infringement.

The SVOD services and studios last year — through their Alliance for Creativity and Entertainment anti-piracy coalition — filed litigation against Set Broadcast LLC, which had marketed an online set-top device dubbed “Set TV Now” affording 260,000 subscribers access to preloaded movies and TV shows.

“Defendants market and sell subscriptions to ‘SeTVnow,’ a software application that defendants urge their customers to use as a tool for the mass infringement of plaintiffs’ copyrighted motion pictures and television shows,” read the complaint filed last April in U.S. District Court in Central California, Western Division.

The complaint cited 51 copyrighted works illegally distribution causing more than $7.6 million in statutory damages. Defendants include Jason Labossiere, owner of Set TV, and employee Nelson Johnson.

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After reportedly hiring legal representation to answer the lawsuit, Labossiere and Johnson allegedly failed to respond to legal inquiries or pay their legal bills.

“Though the Setvnow service appears to no longer be available, Set Broadcast’s apparent cessation of its willful and flagrant infringement does not and should not prevent this court from exercising its discretion to permanently enjoin Set Broadcast from infringing plaintiffs’ copyrighted works,” read the amended complaint first reported by TorrentFreek.com. “There is a significant threat of continuing irreparable injuries to plaintiffs.”

Whether Netflix & Co. see any damages paid remains to be seen. Dish Network already has a $90 million judgement against Set TV that must be paid.

A hearing on the default judgement is slated for July 29.

Studios, SVOD Win Court Injunction Against TickBox TV

Hollywood studios and subscription streaming video services have been granted a preliminary injunction against TickBox TV, the Atlanta-based company allegedly selling illegal access to myriad TV shows and movies through a proprietary set-top box.

U.S. Federal District Judge Michael Fitzgerald Jan. 30 in Los Angeles ruled TickBox must maintain changes it made to its user interface and marketing after Universal Pictures, Columbia, Walt Disney Studios, 20th Century Fox, Paramount Pictures, Warner Bros., Amazon and Netflix filed a lawsuit last October.

TickBox argues it merely sells hardware and cannot be liable for the actions of third-parties, i.e. its consumers.

Indeed, at the bottom of its website, TickBow said its hardware “should not be used to download or stream any copyrighted content without permission from the copyright holder.”

But Fitzgerald ruled that while TickBox had not necessarily “caused” users to illegally stream or download copyrighted content, it had sold them the means to do so.

“TickBox may be held responsible for the instances of infringement that would not have otherwise occurred in the absence of the Device,” Fitzgerald wrote.

The judge ordered TickBox and plaintiffs to iron out technical safeguards that protect the latter’s copyrighted content, in addition to implementing software updates that could reset devices already sold.

The Alliance for Creativity and Entertainment, which represents studios and digital companies such as Amazon, Netflix and Hulu, hailed the judge’s decision.

“This is an important step, particularly given the court’s conclusion that the ACE members are likely to succeed on the merits of their case,” spokesperson Zoe Thorogood said in a statement. “We look forward to further developments in this case.”