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NEWS: Funimation Dismisses Its One Piece BitTorrent Lawsuit


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maylo



Joined: 09 Jun 2007
Posts: 19

PostPosted: Thu Mar 24, 2011 3:24 pm Reply with quote
It's funny though, there were only 1028 or so unique IP's the other 309 were duplicates. Who ever compiled the list, and even allowed it to be summited to the courts did a pretty terrible job. What is even more intriguing is that, defendant Doe 1 and Doe 2 are the same person, and the judge removed Does 2 - 1337. So did that also remove Doe 1?
Quote:
According to the judge's order, the actions of each defendant did not constitute "acting in concert" but rather acting individually, although identically.

Quote:

Restatement (Second) of Torts § 876. Persons Acting In Concert
For harm resulting to a third person from the tortious conduct of another, one is subject toliability if he
(a) does a tortious act in concert with the other or pursuant to a common design with him, or
(b) knows that the other's conduct constitutes a breach of duty and gives substantial assistance or encouragement to the other so to conduct himself, or
(c) gives substantial assistance to the other in accomplishing a tortious result and his ownconduct, separately considered, constitutes a breach of duty to the third person.

Which obviously bit torrent falls under all of those,
(a) because all the defendants had to use the same method of acquiring the file (bit torrent)
(b) "substantial assistance" would be equivalent to seeding, and "encouragement" would be the basis of bit torrent itself; sharing.
(c) Obviously seeding would be "substantial assistance"
Does anyone have copies of the court documents? Already have the complaint, cover, and exhibit.


Last edited by maylo on Thu Mar 24, 2011 4:02 pm; edited 4 times in total
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mangamuscle



Joined: 23 Apr 2006
Posts: 554
Location: Mexico

PostPosted: Thu Mar 24, 2011 3:54 pm Reply with quote
EPIC FAIL!
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Sanosuke_Inara



Joined: 23 Nov 2009
Posts: 1663

PostPosted: Thu Mar 24, 2011 3:58 pm Reply with quote
mangamuscle wrote:
EPIC FAIL!
Quiet, BitTorrentor. Razz
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Paploo



Joined: 21 Nov 2006
Posts: 1875

PostPosted: Thu Mar 24, 2011 4:06 pm Reply with quote
Unfortunate timing, but as laws get updated, it's only a matter of time before things get easier for Funi and others pursuing these matters. Better luck next time I suppose.....

Last edited by Paploo on Thu Mar 24, 2011 4:09 pm; edited 1 time in total
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Greed1914



Joined: 28 Oct 2007
Posts: 1409

PostPosted: Thu Mar 24, 2011 4:08 pm Reply with quote
I can't blame Funimation for dropping this if it was going to have to try each person individually. That decision probably made the case much too expensive to pursue.

Last edited by Greed1914 on Thu Mar 24, 2011 4:31 pm; edited 1 time in total
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egoist
Pirate KingPirate King


Joined: 20 Jun 2008
Posts: 7669

PostPosted: Thu Mar 24, 2011 4:14 pm Reply with quote
mangamuscle wrote:
EPIC FAIL!

And it seems they still want to sue them in groups despite already hearing the court's decision.

Quote:
In its March 18 notice, Funimation voluntarily dismissed the lawsuit against all remaining defendants, but also stated that "as a matter of law," it retains and reserves the right to re-file the claims "against any of these defendants, jointly or as individuals."

Quote:
the judge said that Funimation had to file individual, separate lawsuits for each defendant because the accused were not "acting in concert."
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alexcampos



Joined: 30 Apr 2008
Posts: 91

PostPosted: Thu Mar 24, 2011 4:18 pm Reply with quote
Ugh.....Funimation should just GO AWAY!!!

Stop buying their DVDs and maybe they'll stop licensing everything out there.
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mangamuscle



Joined: 23 Apr 2006
Posts: 554
Location: Mexico

PostPosted: Thu Mar 24, 2011 4:20 pm Reply with quote
Sanosuke_Inara wrote:
mangamuscle wrote:
EPIC FAIL!
Quiet, BitTorrentor. Razz


Today I will not entertain my fellow men with my singing, but mind you, I will be over there doing the Snoopy happy dance
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Daemonblue



Joined: 05 Jul 2006
Posts: 668

PostPosted: Thu Mar 24, 2011 4:31 pm Reply with quote
maylo wrote:
It's funny though, there were only 1028 or so unique IP's the other 309 were duplicates. Who ever compiled the list, and even allowed it to be summited to the courts did a pretty terrible job. What is even more intriguing is that, defendant Doe 1 and Doe 2 are the same person, and the judge removed Does 2 - 1337. So did that also remove Doe 1?
Quote:
According to the judge's order, the actions of each defendant did not constitute "acting in concert" but rather acting individually, although identically.

Quote:

Restatement (Second) of Torts § 876. Persons Acting In Concert
For harm resulting to a third person from the tortious conduct of another, one is subject toliability if he
(a) does a tortious act in concert with the other or pursuant to a common design with him, or
(b) knows that the other's conduct constitutes a breach of duty and gives substantial assistance or encouragement to the other so to conduct himself, or
(c) gives substantial assistance to the other in accomplishing a tortious result and his ownconduct, separately considered, constitutes a breach of duty to the third person.

Which obviously bit torrent falls under all of those,
(a) because all the defendants had to use the same method of acquiring the file (bit torrent)
(b) "substantial assistance" would be equivalent to seeding, and "encouragement" would be the basis of bit torrent itself; sharing.
(c) Obviously seeding would be "substantial assistance"
Does anyone have copies of the court documents? Already have the complaint, cover, and exhibit.


a) they would have to actively be helping each and every other person knowingly, with bittorrent it's fairly passive, just because two people just so happened to shoot the same guy on two different days, doesn't mean they worked in concert, for example.

b)not everyone can say they know the other person is doing something illegal that they're connected to, just look at how some studios download their licensed works which isn't a breach of duty, and just being connected to the torrent doesn't encourage others to be on it

c)not everyone using bittorrent uploads equally, so not everyone would be giving others "substantial" assistance.

Basically, the connection between two people using bittorrent for the same torrent is very tennuous at best. It would be like catching two different shoplifters in the same store at seperate times of day, just because they happened to do the same crime doesn't mean they acted together, and to joinder all of those people together they would have to prove that every single other person knowingly assisted every other person at the same time. That is one reason why courts over the United States have refused to let these cases go through.
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PetrifiedJello



Joined: 11 Mar 2009
Posts: 3782

PostPosted: Thu Mar 24, 2011 4:37 pm Reply with quote
mangamuscle wrote:
EPIC FAIL!

EPIC WIN!

The last thing I ever want to see is FUNimation walking down the path forged by the MPAA or the RIAA.

Dropping this lawsuit is awesome news.

And to reward FUNimation...

*heads to TRSI
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Greed1914



Joined: 28 Oct 2007
Posts: 1409

PostPosted: Thu Mar 24, 2011 4:37 pm Reply with quote
alexcampos wrote:
Ugh.....Funimation should just GO AWAY!!!

Stop buying their DVDs and maybe they'll stop licensing everything out there.



So we should stop supporting the R1 company that is probably doing the most good for anime? Confused
Even with "licensing everything" Funimation is still the most successful of the active R1 companies, so they probably know what they're doing. Besides, if you have a problem with what they license, don't buy it. They license things that they think will sell, and if that happens to be something you don't like, then that is just too bad.
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asimpson2006



Joined: 13 May 2008
Posts: 3149
Location: USA

PostPosted: Thu Mar 24, 2011 4:39 pm Reply with quote
alexcampos wrote:
Ugh.....Funimation should just GO AWAY!!!

Stop buying their DVDs and maybe they'll stop licensing everything out there.


What did they ever do to you? They don't license everything out there, I mean I don't have LOGH sitting on my shelf (never happen) or Lovely complex (someone should license this), or any other of the wonderful shows that will never make it the NA shores.
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Rukiia



Joined: 30 Aug 2010
Posts: 1764
Location: British Columbia, Canada

PostPosted: Thu Mar 24, 2011 4:47 pm Reply with quote
alexcampos wrote:
Ugh.....Funimation should just GO AWAY!!!

Maybe you should go away?

alexcampos wrote:
Stop buying their DVDs and maybe they'll stop licensing everything out there.

Why? So you can go and pirate more without worrying about getting sued? Just because you don't want to support the industry doesn't mean everyone else shouldn't either. I like seeing more anime be brought over and Funimation is the best anime company for providing us with tons of good series.

Gotta love people who think that paying for anime is a crime.


And as asimpson2006 pointed out, they don't license everything. If they did then Sentai and Bandai wouldn't be in business. -_-
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pantsmca



Joined: 02 Oct 2010
Posts: 89

PostPosted: Thu Mar 24, 2011 4:48 pm Reply with quote
>Video of Funi using fansubs gets out
>Case magically dropped

Double standards ftw \o/
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Sanosuke_Inara



Joined: 23 Nov 2009
Posts: 1663

PostPosted: Thu Mar 24, 2011 4:53 pm Reply with quote
alexcampos wrote:
Ugh.....Funimation should just GO AWAY!!!
I'd much rather have you get the f**k out, tbh. Rolling Eyes
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