The Court finds that Sections 605 and 553 are inapplicable in this case. These statutes, originally enacted in 1934, were intended to prevent pirate interception of radio, satellite, and cable signals. Here, Defendants purchased the Program from UFC.tv, an authorized distributor of the Program. Even if sections 605 and 553 did extend to Internet streaming, there is no evidence of unauthorized signal reception or interception, nor is there evidence that the Program was used for an unauthorized purpose despite being shown at a non-residential venue. Plaintiff does not meet its burden of proof under either statute. See Celotex, 477 U.S. at 323-24.
According to the contract between UFC and Defendant, Defendant is the "exclusive distributor of commercial closed circuit television of the Events" but does not have the exclusive rights to show the Program over the Internet.5 UFC retains the rights to show this and other similar programs "via any and all means and modes of pay-per-view television, Internet, wireless, broadband, and all other means or modes . . ." (Id. at 11.) If anything, issues of breach of contract and licensing may exist, but those are matters beyond the scope of this lawsuit. Therefore, because the Court finds that there are no genuine issues of material fact and the Internet defense is valid, Defendants are entitled to judgement as a matter of law.
Ttt
Methods of Pay-Per-View Piracy
While a residential pay-per-view event can cost around $50 to $60, public venues must purchase a commercial licensing fee. The cost depends on the size of the establishment based on their Fire Occupancy Certificate. Unfortunately, some owners disregard the commercial license by pirating the signal in various ways.
A few ways a commercial establishment can commit UFC piracy include:
- Misrepresenting the business as a residence when ordering a PPV event
- Moving a residential receiver to a business location
- Streaming the program via cable or wireless receiver from a home to a business
- Transmitting an illegal internet feed from a laptop to the bar’s TVs
Also, all authorized UFC locations can be found on the Joe Hand Promotions’ Venue Search. Once a location has paid for an event, they’ll be listed on the JHP website.
Fighting Pay-Per-View Piracy
Joe Hand Promotions, Inc. allocates significant resources to curbing commercial pay-per-view piracy. Such an approach is necessary to not only rightfully maintain its own business, but to protect its thousands of authorized commercial customers. It is simply not fair that our legitimate customers be forced to compete with unauthorized pirating establishments who obtain a significant competitive advantage by refusing to purchase a proper commercial license.
For each pay-per-view event it distributes, Joe Hand Promotions, Inc. engages independent investigators throughout the entire United States to monitor compliance. After the event, investigators report to Joe Hand Promotions, Inc. any instances of potential piracy. In cases of confirmed piracy, the investigative files are turned over to one of several law firms that represent Joe Hand Promotions, Inc. for civil prosecution.
Settlement & Litigation of Piracy Claims
If you receive a letter from one of Joe Hand Promotions, Inc.’s attorneys it probably means we are pursuing a piracy case against you and your business for the unauthorized commercial exhibition of pay-per-view programming. Generally, we are open to resolving piracy cases prior to filing a lawsuit against you in federal court. If you decline to settle your case and force us to incur attorneys fees and costs of filing a lawsuit, your case will become more difficult and costly to resolve. Therefore, if you have received a letter, we encourage you or your representative to contact the law firm and explore settlement options.
If you ignore communication from our attorneys or otherwise decline to reach a settlement, please be advised that we have attorneys in all fifty states who regularly pursue cases on our behalf. Accordingly, if a confirmed case is not settled, a lawsuit will be filed to protect the rights of Joe Hand Promotions, Inc. and its legitimate customers.
To discuss settlement of any other aspect of your case, you must contact the law firm that sent you a letter. DO NOT CONTACT THE OFFICE OF JOE HAND PROMOTIONS, INC. REGARDING AN OPEN PIRACY CASE.
Recent Piracy Cases
- "March 19, 2012: Court Orders Bar and its Owners to Pay Joe Hand Promotions, Inc. $63,200.00"
- "October 17, 2012: Court Denies Defendants' Motion to Dismiss Joe Hand Promotions, Inc. Piracy Lawsuit"
- "December 11, 2012: Bar Loses Lawsuit; Ordered to Pay Joe Hand Promotions, Inc.'s Attorneys' Fees and Costs of $6,325.00"
- "December 4, 2013: Court Awards Joe Hand Promotions, Inc. $80,000.00 in Piracy Lawsuit
- "January 30, 2013: Court Awards Joe Hand Promotions, Inc. $33,000.00 in Piracy Lawsuit"
JHP is an Authorized UFC Distributor
Since 2001, Joe Hand Promotions has been the exclusive commercial TV distributor for the UFC, which recently extended their agreement through 2015. In order to protect their customers’ investment, Joe Hand Promotions must pursue businesses committing pay-per-view piracy.
UFC piracy is a big problem and something Joe Hand Promotions will not ignore.
Report Piracy
Help fight piracy by reporting anyone you suspect of showing pay-per-view events illegally. You can anonymously report a pirate by emailing information to Piracy@JoeHandPromotions.com, calling Joe Hand Promotions at 1-800-557-4263 or at our website’s Report Piracy page.
http://www.joehandpromotions.com/ufc-piracy/
^^^ those are cherry picked piracy cases intended to scare.
For a more balanced view of damages courts award I have archived dozens of recent judgements here
https://combatsportslaw.com/tag/piracy/
Joe Hand Job just got fucked up the ass
GeoDim -Good example of blowing it by getting greedy and allowing a court to set precedent.WoodenPupa -MMA Playwright - So bars can get the PPV on the internet and broadcast it to the entire bar without paying the commercial rate?
The article says the defendant "displayed the program “at a social gathering that was taking place at the establishment outside the normal operating hours.”
So I'm thinking that the "after normal operating hours" part is pretty important. We're talking about a select, limited crowd watching the stream. A bar would have to purchase the commercial version to show it during normal hours, even if it was an internet stream.
Yea or nay Erik?Actually, while the "outside of operating hours" defense may have held up here, it was irrelevant because the statute they were using in their litigation doesn't apply to internet streams. So, yes, this could mean that any establishment could pay only the $60 UFC.tv fee and display the event to its customers, provided no other statutes apply. I imagine this ruling will be appealed as it sets a disastrous precedent for the PPV model.
Perhaps they should have just left these poor people alone instead of trying to ruin their lives for watching sports with their buddies. Now they have a mess on their hands. "Good, fuck 'em"
Interrestingggg
As I understand it, Joe Hand is now suing Bob Crowfoot, a Sioux Indian shaman who used his powers to dodge PPV charges.
Bob said he'd be conjuring the broadcast in a kettle in his teepee, but the plantiffs' attorneys are saying that he intended all along to call forth the PPV in a backwoods stream.
Bob's defense is that his magic malfunctioned in the teepee and that he was forced to go to the stream. It wasn't his fault that the rest of the tribe gathered around and watched the PPV that he was streaming for personal use.
This is so good
So, who dropped the dime on the gym owner in the first place? Kind of an asshole move imo
NHBDaddy - So, who dropped the dime on the gym owner in the first place? Kind of an asshole move imo
Can't trust these hoes
Joe Hand opened up Pandore Door with this case. Big mistake.
Anyone have a fire stick with Kodi... Can pick one up for $55 all loved just not sure if it works for this type of thing.
Ep32nv - Anyone have a fire stick with Kodi... Can pick one up for $55 all loved just not sure if it works for this type of thing.
https://superrepo.org/kodi/addon/script.module.torrent.ts/?PageSpeed=