MPAA Goes For Hotfile's Jugular With Summary Judgement Request

With MegaUpload out of the picture and numerous other file-sharing sites running scared, the MPAA has another major content hub in its sights. And from the looks of court documents unsealed this week, Hotfile may want to start considering an exit strategy.

According to US District Court documents in the Southern District of Florida, the MPAA's members have requested a summary judgement against Hotfile, arguing that the site enables piracy and copyright infringement. Summary judgements are basically a court order imposed on one party at the request of another and done so without a trial. Indeed, the fact that Hotfile actually pays its most prolific uploaders for their behaviour without tracking the number or identity of infringers — a requirement of the DMCA — certainly doesn't help Hotfile's case.

Nor does the resemblance to how MU ran it's business. "Hotfile's business model is indistinguishable from that of the website Megaupload, which recently was indicted criminally for engaging in the very same conduct as Hotfile. Defendants even admit that they formed Hotfile ‘to compete with' Megaupload," court documents read.

In its defence, Hotfile has argued that it is protected under DMCA safe harbor provisions and has cooperated with rights holders. However, if those arguments didn't work for MegaUpload, why would anyone think they would now? The original suit was filed by Warner Brothers in February of last year to which Hotfile countersued in September. [scribd via Ars Technica via Digital Trends]

Image: Pakhnyushcha / Shutterstock


Comments

    Well it seems the age of the file sharing sites are over, time to move on to the next thing.

    Shutting all these sites down won't stop piracy.

    Better target Google, Microsoft, Apple, HP, Dell, the power companies, schools, hospitals as well just to make sure you catch them all. I mean, with a statement like this "arguing that the site enables piracy and copyright infringement" you can target anything!

    Google - enables me to find torrents
    Apple PC - enables me to e download them
    Microsoft OS - enables me to as well
    Dell - made the computer i am using
    HP - same story
    School - enabled me to find other people who download things
    Hospital - enabled me to keep living thus keep downloading

    why dont they sue themselves? if they didnt make content then it would not be pirated......

      Oh I like the way you think

      Breaking news MPAA sues Tim Berners-Lee for enabling piracy due to the invention of the World Wide Web.

      And all the people who came up with all the networking protocols, and designed the networking hardware that we all use to connect to the internet.

      I was reading something the other day about the discovery of the first animal with a spinal cord or something like that, which would be what we evolved from, they can sue that to for evolving into humans and enabling them to pirate things

    Maybe they should sue THEMSELVES for producing content that is shared.

    Piracy advocates do themselves no favours with such dumb arguments. Hotfile paid people to upload copyright protected material. Did your school do that? Or a hospital?

      I'm pretty sure you would have zero evidence that they paid people to upload copyright material.

      If they paid people to upload files in general, it is different. Should they monitor all the files people were uploading to make sure people weren't uploading copyrighted material, yes, (they also claim they have cooperated with rights holders in removing copyrighted content)

      Netgear provides me a means to access the internet via my modem, should they monitor all the traffic that goes through it to make sure I don't transfer anything copyrighted? What about my ISP, what about the wholesaler my ISP uses, and the companies that own the international links that the traffic goes across.

    The new range of ivory backscratchers must be getting released soon...

    An indictment being used as evidence of wrongdoing is pretty laughable - while I'm sure opinions vary on what the final verdict will be, megaupload hasn't actually been convicted of anything yet.

    I visted several sites so far today all copyrighted, abc news, scfi, dvice here etc.
    According to my ISP I have downloaded all I have read and viewed (video)..
    thats how they charge me on downloads. So if torrent sites have to go for allowing me to FIND copyrighted material. Then most sites on the net must go as they allow copyright downloads
    Or am I not downloading that news video, if so pls tell me and my monthly net bill will drop. Cant charge me If not downloading files from CNN, sony etc.

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