About 1,100 users in Ceará have received out-of-court notices by copyright infringement letter or email for alleged uploads made on the torrent movies like ‘Double Explosive’ and ‘Rambo: All the way’.
The amounts charged in the notifications reach R$ 750.
These works come from the North American production company Millennium Media, represented in Brazil for copyright matters by the office Guerra Advogados Associados, located in Porto Alegre (RS).
A reader, whose identity will be preserved, says that a letter arrived by post at his home with various personal information. “Been traveling the day they claim it was uploaded and I don’t even remember seeing that movie.
The report of Northeast Journal had access to certain documents. They contain information about the offense as well as the user’s personal data.
In addition to the legal description of the case, the notification recalls the access data (day, time and IP address of the Internet network) of when the download was made as well as the amounts charged to those who wish to accept the extrajudicial proposal, which reach R$ 750.
For more information, there are also login access data on the adverto.net.br site. The domain, however, has caused oddity to those receiving the notification. “First, I immediately thought it was a scam. There are so many frauds that I had suspicions, the name of the site is weird”, reports the notified.
See billed films
- Shock: Fatal Fury
- Until the Death – Survival is the Best Revenge
- Rabies on the high seas
- Dual Explosive
- Dual Explosive 2
- Secret Service Invasion
- the outpost
- Rambo: until the end
- After – After the truth
- hell boy
- The professional
What does Brazilian law say?
The lawyer and president of the Special Commission on Intellectual Property, Media, Entertainment, Law and New Technologies of the Brazilian Bar Association (OAB-CE), Roberto Reial, explains that the arguments in favor of the notification are valid, but that other information must be taken into account. .
Some documents do not have a logo, the wording has legal flaws. In addition, the amounts charged are strange, since there is no table specifying them, neither in the Brazilian courts nor at the international level”.
Reial also points out that it is necessary to know whether the information contained in the document is consistent, whether there really is a connection with the provider and whether the download was indeed made in an unauthorized manner.
The researcher of the Telecommunications and Digital Rights program of the Brazilian Institute for the Defense of Consumers (Idec), Luã Cruz, corroborates that whoever downloads it is not committing a crime in Brazil. The Copyright Law (9.610/98) only provides that the criminal sanction applies to those who intend to make a profit.
We understand that it is not a crime and even less illegal, but the Brazilian courts have never ruled in Brazil, it has never been judicialized and our law is old, so these offices take advantage of this gap in the jurisprudence and Brazilian legislation”.
Furthermore, the lawyer and founder of the Independent Center for Studies and Research on Law and its Relations with the Internet and New Technologies (IP.rec), André Fernandes, points out that this phenomenon has become known as copyright trollssince the charge is often not legitimate.
We are aware of some cases of users who did not even download the content and could prove that they did not download it, because they were traveling during the day and could prove it, so the data is inconsistent”.
However, it states that copyright collection is legitimate. “The problem with copyright trolls is that this practice which is legitimate is deformed and, often, users have not even committed an unlawful act and are even harassingly charged,” he points out.
Cruz, in turn, adds that these notifications are already made in other countries, such as Denmark and the United States. “It turns out that abroad, the offices that have engaged in this practice have been condemned for fraud, for having acted in bad faith”.
What does the defense say?
Lawyer Joélcio de Carvalho Tonera, of the Guerra law firm, explains that the clients they represent are copyright owners of cinematographic works and, with the aim of fight against piracy, follow the content. Thus, when a user downloads without authorization, as in a torrent, the producer has access to the IP of the network.
According to Tonera, the unauthorized downloading of these works violates Brazilian copyright law, which provides that “only the copyright holder can authorize the use, distribution, regardless of the nature of the work”.
Our customers have detected these copyright infringements, as these are infringements committed in the Internet environment, which is a protected environment, we were obliged to act upstream to produce evidence in order to obtain the data of the users who committed the infringement”.
Joelcio de Carvalho Tonera
Tonera alleges that, where there has been no remuneration due for the use of the cinematographic work, the customer has suffered a prejudice, so the objective is to warn “people that this type of consumption not authorized within the framework of the Internet is a illegality and has serious consequences.
“The phenomenon of piracy is complex, it involves a complex chain, it is about who makes an illegal copy, who makes this illegal copy available and who consumes it, and the whole fight against piracy has to deal with all this chain,” he said.
The lawyer confirmed that the domain adverto.net.br, in fact, belongs to the company and that they think “about how make clearer the origin of this Internet address and modify this contact address”. In addition, it specifies that the practice of the site is for the user to “have the protection of his information”.
How is detection done?
The defense lawyer explains that the detection of users’ IP is done through a tracking system that appears in the media produced by the studio. Even if this content is distorted or broken, or not fully copied, access is detected.
“This detected IP address is within the scope of the Internet Service Provider, we don’t have access to machines offenders, we have access to the track, so we are obliged to obtain information from internet operators”, he explains.
However, the practice is questioned by the Idec researcher, who believes that it is a violation of the confidentiality of personal data. “It has not yet been possible to prove that they are obtaining these IP addresses legally, so for us there is this big problem that precedes the discussion of copyright”
“Another aggravating factor is that Internet operators deliver data without contesting Justice and do not warn users that information is going to be shared, you don’t know where it’s going to flow,” he warns.
Deal Value Calculation
Proposals for out-of-court settlements for notifications issued by Guerra are R$750, but discounts are granted. For those who pay within the first 30 days of notification, the amount is R$250.
After 15 days, the value increases by 50% to R$375, and after more than 15 days, the invoice price becomes full again. However, Tonera says this is negotiable, and if the user wishes to adhere to the agreement, they can contact the office.
“If we take this matter to court, it would certainly arbitrate moral damages to our client, so there is a discretionary criterion, but we have benchmarks. Justice has gravitated towards values that can reach R$40,000″alleged.
According to Guerra’s lawyer, the actions, when initiated in Brazil (and not by the aforementioned firm), reached 3,500 reais. To relieve and increase the number of adhesions to the agreement proposals, the value has fallen to R$ 750.
However, Tonera reveals that many people are not buying into the agreement and that the next step should be to take the action to court.
How does the torrent system work?
Antonio Horta, cyberscience researcher at Morphus Labs, reports that the torrent tool works through the system equals (in Portuguese, point-to-point, also known as P2P).
“They work with seeds, that is, people who want to distribute this file put seeds in this tool so that the distributed transfer. When you request the file, you always download and share it in chunks, so you only have the complete file at the end of the process.”
Therefore, at the same time as the user downloads the coins, he also shares the content. “At this point, your IP information is available.”
Moreover, the researcher asserts that P2P is not a prohibited tool. “It has a lawful nature to share files in a distributed way, but, like any technology, it can be used for illicit purposes,” he concludes.