LINK: California Federal District Court Awards Cinesamples LLC $379,050 in Digital Piracy Suit :: Film Music Magazine
California Federal District Court Awards Cinesamples LLC $379,050 in Digital Piracy Suit
Film Music Magazine • March 14, 2012
Los Angeles. On March 9, 2012, in a judgment given by Federal District Court Judge Dolly M. Gee of the U.S. District Court of Central California, Cinesamples LLC, a California corporation specializing in creating and marketing virtual sample libraries for film/TV/game production, was awarded $379,050 in damages and lost profits plus attorney fees against Pablo Vargas Casas, a resident of Chile, on three causes of action: violation of the DMCA (Digital Millennium Copyright Act), copyright infringement, and breach of contract.
According to the Court’s civil minutes, in June 2011, Mr. Casas, “used Internet discussion boards to organize a group purchase of a single license for the CineBrass software library.” On June 15, 2011, Mr. Casas purchased for download the CineBrass library for $399 U.S.D. at which point Mr. Vargas agreed to a software licensing agreement.
After downloading the CineBrass program, Mr. Casas altered the software housing the CineBrass sample library, the Native Instruments Kontakt player, which then permitted unlicensed versions of the software to be distributed to multiple users. Mr. Casas then uploaded both the “cracked” Kontakt software and the complete CineBrass library to several illicit file sharing web sites, resulting in approximately 950 potential purchasers and unlicensed users downloading the library.
According to his Linked In profile, Mr. Casas lists as his skills, Scripts Programming Platform Native Instruments Kontakt 4. He attended Universidad Autónoma de Temuco from 2008-2011, and the Universidad de Los Lagos from 1995-1999. Mr. Casas lists himself as the proprietor of iCeSamples [IceSamplesStore]. He is 39.
According to his Facebook profile [https://www.facebook.com/PabloVargas72], Mr. Casas has done work for the Orquesta Barcelona.
Because Mr. Casas did not appear in court to defend himself, Judge Gee awarded Cinesamples with a default judgment based on the list price of the program times the number of downloads. Court minutes did not state which Internet discussion boards Mr. Vargas posted to.
Under Terms and Conditions on his own web site, Ice Samples, Mr. Casas, also a virtual sample library developer, states that, “Only the original purchaser has the right to use the sound samples. This means you cannot sell or give the sounds to anyone else.”
To help PayPal prevent credit card fraud, Mr. Casas only accepts payments from verified PayPal users.
It is serious out here!