Litigious Porn Producers Claim People Infringe Even If They Accidentally Downloaded Its Porn Disguised As Popular Works
from the seems-like-a-stretch dept
One woman even told the court that she had absolutely downloaded the file in question -- but did so believing it was someone else's content (Japanese composer Ryuichi Sakamoto) -- and as soon as she realized it was gay porn, she deleted it. Now, some may reasonably argue that she may deserve some punishment for downloading such works in the first place, but it raises a fascinating legal question. If you download a file that you think is music from Ryuichi Sakamoto, but it actually turns out to be gay porn from Io that you don't want... have you actually infringed on Io's copyrights? At the very least, I can't see how Io can claim any legitimate "harm" in that situation. This was someone who did not want the work in question at all, so it's not like it impacts the market...
TorrentFreak posits that this could be a honeypot, with someone purposely mislabeling files to get more downloads (and to issue more demand letters). The company (not surprisingly) denies all of this, saying they haven't set up a honeypot. But, I imagine there's going to be a lot more scrutiny on them either way.