Hotfile Goes To War Against Copyright Infringers

gyoza ramen & a beer

Active Member
Feb 20, 2009
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"Hotfile Goes To War Against Copyright Infringers

Hotfile, one of the rising stars on the file-hosting scene, appears to be taking a tougher stance on copyright infringement. Perhaps with an eye on the litigation recently instigated by the MPAA, this week Hotfile has been deleting premium accounts – along with all their files – en masse. Furthermore, Hotfile are reportedly not paying out the money these accounts have earned in the site’s rewards program.

As bandwidth and storage capacity have increased, so have the capabilities of file-hosting services. Perhaps inevitably, not only are they used for the storage personal files, but increasingly for the distribution of movies, music, games and software.

Although the MPAA and RIAA have named two of the market leaders – RapidShare and MegaUpload – as ‘rogue’, to date both sites have avoided becoming a target for litigation from the pair. The same cannot be said about Hotfile.

“In less than two years, Hotfile has become one of the 100 most trafficked sites in the world,” said the MPAA when announcing its lawsuit against the company. “That is a direct result of the massive digital theft that Hotfile promotes.”

Furthermore, the MPAA insists that Hotfile’s business model encourages users to upload “illegal copies of motion pictures and TV shows to its servers.” Even if this statement is true – and there’s no evidence presented thus far to prove it is – a development this week suggests that Hotfile is taking its DMCA responsibilities seriously.

“Those idiots closed my Hotfile account,” one premium account holder told TorrentFreak earlier today. “No warning and now i’m just shut out. All my files are gone, everything.”

This is clearly not an isolated incident. On the contrary, recent Hotfile account suspensions are widespread. This morning TorrentFreak was invited to a private IRC channel and there we had a chat with individuals who had all lost premium accounts this week.

In our discussions with these and other people affected by the account suspensions, a common theme was developing. All had been operating premium accounts at Hotfile for some time, some of them for two years. Movies and TV shows were the major items being uploaded and all individuals were being paid weekly through Hotfile’s reward program.

Then this week they were all locked out of their accounts, only to be greeted by the following message:


Suspended (see first photo, below)


Although the above message promises account holders more information by email, the truth is that the message being sent says very little indeed.


Terminated (see second photo, below)


Hotfile aren’t answering any questions on the matter which is fairly normal since Hotfile rarely respond to any questions, their account holders tell us. Nevertheless, it is very clear that not only are the accounts closed, but all the files stored in them have been deleted too.

Another issue especially annoying to premium account holders is that they say that Hotfile owes them money earned in their rewards program. These are not always small amounts. Although we have spoken with people owed between $15 and $400, one individual says that he is owed more than $1,000.
A source told TorrentFreak that when it comes to taking down infringing files, Hotfile are one of the fastest file-hosters to do so, but these mass aggressive account suspensions are something new. For their part, Hotfile say that they have always terminated the accounts of users who have repeatedly infringed copyright since their Terms of Service forbid users from doing so. However, it appears that they will now go further.

“Recently, we have become concerned that despite these policies, some users persist in attempting to use Hotfile.com to share materials to which they do not have the necessary rights,” the company said in a statement. “Therefore, we have implemented a more aggressive policy of terminating the accounts of users who are the subject of repeated complaints of infringement.”

In the face of this more aggressive stance by Hotfile, TorrentFreak is informed that UserShare.net and FileSonic could be favored by those we spoke with earlier, although there are dozens of alternatives ready to take up the slack."

The TorrentFreak article is here: http://torrentfreak.com/hotfile-goes-to-war-against-copyright-infringers-110219/
 

gyoza ramen & a beer

Active Member
Feb 20, 2009
548
33
Talk about a purely emotional title.

And it was a purely cut-and-paste from the TorrentFreak site. But the title will get people's attention which is surely what they were aiming for.
 

mangudel

New Member
Dec 20, 2008
15
0
this case almost same with me
many of my upload database has been removed from hotfile :notagain:
so,i change to another file hostings
 

IdolFun

★ ☆ I Am God ☆★
Super Moderator
Oct 16, 2007
29,563
11,856
You could have just cut and paste from hotfile news page

Code:
http://hotfile.com/news.html
Policy of Terminating Accounts - Update
2011-02-19
Hotfile.com has always maintained a policy of terminating the accounts of users found to have engaged in repeated copyright infringement.
Our Terms of Service, to which all users must agree, prohibit using Hotfile.com to share content to which users do not have intellectual property rights. Recently, we have become concerned that despite these policies, some users persist in attempting to use Hotfile.com to share materials to which they do not have the necessary rights. Therefore, we have implemented a more aggressive policy of terminating the accounts of users who are the subject of repeated complaints of infringement.
 

EzikialRage

Active Member
Nov 20, 2008
672
100
I guess people are going to have to assign random names to the files they upload and only upload on members only sites.
 

gyoza ramen & a beer

Active Member
Feb 20, 2009
548
33
From Hotfile (thanks to IdolFun for the lead):

Policy of Terminating Accounts - Update -2011-02-19

"...Recently, we have become concerned that despite these policies, some users persist in attempting to use Hotfile.com to share materials to which they do not have the necessary rights. Therefore, we have implemented a more aggressive policy of terminating the accounts of users who are the subject of repeated complaints of infringement."

PLUS:

"New paid download country was added - CHINA -2011-02-01

Starting from today we added China to our paid download countries list."


So, Hotfile is shocked, SHOCKED! to find that members are using it's services to illegally post content?

THIS, as they announce China--the world...make that, the galaxy...capital of piracy--has been added to their "paid download countries list"

The stench of Hotfile's hypocrisy, the transparency of their lies, as they decry the practices of their members while paying them cash bonuses for that very same behavior is nauseating. :dizzy:

But very lawyer-ly. :thief:
 

Ceewan

Famished
Jul 23, 2008
9,151
17,033
I had read this when it first appeared at Torrentfreak but did not think it very news worthy for here...perhaps I was wrong.

Hotfile, Rapidshare and Megaupload...as well as Google for that matter, are some of the big names being shook down by scam artists masquerading as lawyers. This is an unwinnable battle against piracy so the the main goal here seems to be making money off of piracy. (The anti-P2P traffic alone, for example, probably rivals or exceeds regular P2P traffic). In these tough economic times the bottomfeeders are surfacing.

There is at least one lawsuit pending against Hotfile at this very moment. All hotfile is doing is covering their own ass. There is no way in hell that they or any filehoster can control what is being uploaded to them. What they probably do not appreciate, (besides getting sued for something they did not do), is file uploaders making it so obvious that they are uploading copyrighted material. This is not to say that disguising their uploads would completely fool anybody but it would slow down the DMCA requests to Hotfile, (or any other filehoster).

Some related Torrentfreak links:

MPAA Might Sue RapidShare, Megaupload or Dropbox Next
http://torrentfreak.com/mpaa-rapidshare-megaupload-dropbox-110210/


MPAA Sues Hotfile Cyberlocker Service
http://torrentfreak.com/mpaa-sues-hotfile-cyberlocker-service-110209/

Hotfile, 1000 Users and PayPal Named In Piracy Lawsuit
http://torrentfreak.com/hotfile-1000-users-and-paypal-named-in-piracy-lawsuit-110118/

MegaUpload Fights Back Against MPAA and RIAA Propaganda
http://torrentfreak.com/megaupload-fights-back-against-mpaa-and-riaa-propaganda-110113/
 

gyoza ramen & a beer

Active Member
Feb 20, 2009
548
33
I had read this when it first appeared at Torrentfreak but did not think it very news worthy for here...perhaps I was wrong.

You weren't/aren't necessarily wrong, Ceewan.

But a considerable number of links posted to hotfile have disappeared over the last week. And while the usual "This file has been removed..." messages are clear enough and nothing new to denizens of this and other boards, the volume of such occurences has increased substantially. On that basis, I'd make the argument that it's news and worthy of a mention here.

But I've been wrong before...
 

Sami1977

New Member
Mar 4, 2009
549
5
This is bad... Already 2 sites I frequent besides Akiba-Online have stopped posting new JAV altogether, because their hotfile accounts got terminated. I hope hotfile burns down for this :yell: But hotfile is not the only filesharing service, so why do people give up so easily? Is it because they can't make any more profit?
 

Bakajin

Member
Nov 20, 2007
156
12
This is bad... Already 2 sites I frequent besides Akiba-Online have stopped posting new JAV altogether, because their hotfile accounts got terminated. I hope hotfile burns down for this :yell: But hotfile is not the only filesharing service, so why do people give up so easily? Is it because they can't make any more profit?

That's exactly why they give up. Notice what happens when one of these hosts changes their revenue program? Or when another host with a better revenue sharing program pops up? All of the sudden we see hundreds of files posted with some new host.

The laywers have a good argument that hotfile encourages sharing of copywritten material because people get paid for downloads.
 

Ceewan

Famished
Jul 23, 2008
9,151
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The laywers have a good argument that hotfile encourages sharing of copywritten material because people get paid for downloads.

That is ridiculous argument and the definition of defamation. Hotfile should countersue, nor would they be the first ones too countersue such ridiculous accusations.

Hotfile gets revenue from advertising and from membership dues. There is no direct incitement to commit a crime. Hotfile is merely trying to make more money for themselves, increasing your profit margin is just good business sense. That uploaders are sharing copyrighted material that is in high demand in order to take full advantage of Hotfiles' incentive program does not make Hotfile liable for their actions. That is just wishful thinking. It would be more convienent to find an easier method than persecute the thousands upon thousands of copyright infringers that use Hotfile alone. Then again...why sue individual people who have little to money to pay with compared to a succesful company?[highlight] I repeat, this is not about justice, this is not about right or wrong, this is not even about principle. This is all about the money.[/highlight]

This is also the main argument against Hotfile and major filehosters. They have profited by others copyright infringement actions. This is not arguable, it is a fact. Since Hotfile responds to DMCA regulations this does not make Hotfile complicit in the copyright infringement of their members, which is Hotfiles argument. Unless Hotfile reviews every upload that is made to them, (which is, of course, impossible), they have no way of knowing when a copyright infringement has taken place until they recieve a DMCA take down request. It has to be proven that Hotfile intentionaly ignores these requests in order to profit by them. This is the burden of the plaintiffs.

Interesting and perhaps applicable Torrentfreak link:
Google Gets Involved in BitTorrent Search Engine Lawsuit

http://torrentfreak.com/google-gets-involved-in-bittorrent-search-engine-lawsuit-110220/
 

Bakajin

Member
Nov 20, 2007
156
12
I don't think you know the definition of defamation.

As the law CURRENTLY stands (Grokster) there is certainly a good argument. You're just presenting a defense to the argument, doesn't mean it will fly. Where there is fiduciary gain in the offering, there's an even better case than there was against Grokster. You say they get $ from ads and membership dues. Well, it's likely for anyone to argue that membership dues come from the inducement to get and give protected material (in order to make the best amt of money.)

It's hardly ridiculous and the only thing that may be keeping HF out of court is the stepped up copyright enforcement.

newsgroups are the safest thing these days. No one is paying attention.
 

Ceewan

Famished
Jul 23, 2008
9,151
17,033
I don't think you know the definition of defamation.

Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory representation, usually an oral representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.

I would think that using false statements in order to sue someone in court would be defamatory.

As the law CURRENTLY stands (Grokster)

Not a law, that was a ruling on an interpertation of an earlier law. Hotfile is not similar to Gorkster. The legality is more one of Inducement and the Digital Millennium Copyright Act prescribed safe harbor guidelines, (which is what I already said).


newsgroups are the safest thing these days. No one is paying attention.

Hmmmm....another torrentfreak link, ( I could find more but I feel lazy)

BREIN Uses Court Win As Leverage To Wipe Out Usenet Sites
http://torrentfreak.com/brein-uses-court-win-as-leverage-to-wipe-out-usenet-sites-110221/

I do accept that you have a different opinion on the subject. Sorry that I am not being very tolerant of it. I just vehemently disagree. There is a war going on in the internet world. One has to decide whose side he, (or she), is on. Somethings are worth fighting for. Join us.

Pirate Parties International, (trust me...you are for us)
http://en.wikipedia.org/wiki/Piracy_Party
http://int.piratenpartei.de/Main_Page

Electronic Frontier Foundation
http://en.wikipedia.org/wiki/Electronic_Frontier_Foundation
https://www.eff.org/
 

Bakajin

Member
Nov 20, 2007
156
12
"The law" when people who have JD's are talking about court rulings, means the general state of common law, the direction courts are going at the moment. It doesn't refer to a statute that has been passed by a legislature. And the SCOTUS sets the current direction, as they have with their holding in Grokster.

Hotfile is different from Grokster, but that wont stop the court from applying the same tests if HF is sued.

Lastly, there is absolutely no defamation when stating an opinion about how a court may decide on a particular case. If it were, every lawyer who has ever appeared on television would be in court all the time.
 

Ceewan

Famished
Jul 23, 2008
9,151
17,033
The only thing I see is corruption, those who are for it and those who are against it. The law does not define right and wrong. It is being bought and paid for. It isn't if hotfile is being sued, they are being sued. Get your effing facts straight. They aren't being sued because they are doing anything wrong, although you are entitled to your opinion, wrong as it may be. They are being sued so someone can make money off of them and use them as a stepping stone to make more money. They have the backing of corrupt and greedy lawyers, judges, and legislators. You think they have your best interests at heart? They don't care about you or me, this forum or the right for it to exist. If you are arguing a case for suing Hotfile you are arguing a case to sue Akiba-Online and every admin and moderator and member that is a part of it.

Know your role. Stand by your friends if you got the balls.
 

Rollyco

Team Tomoe
Oct 4, 2007
3,556
34
Where in Bakajin's posts has he backed a dog in this fight? As far as I can tell, he's just expressing his perfectly reasonable opinions on secondary liability and common law.

You're confusing argument for advocacy... and getting really angry for no reason.
 

Ceewan

Famished
Jul 23, 2008
9,151
17,033
I am not angry, I am passionate. I am not arguing, I am advocating. I am not a lawyer, I could care less about the finer points of what passes for law.

If Bakajin is making a case for the MPAA and IRAA sponsored laws and the lawyers that are making their case against Hotfile than all I want is for him and anyone else to know what is at stake. What and who they are arguing for. If Hotfile is found liable then so is every other filehoster of its' type. As far as the forums like Akiba-Online that host thousands of posts from these filehosters, well they would be liable as well. So would the people that advertise on such sites. The people that download from these sites, maybe even just the people that visit these sites, certainly the people who run these sites. I do not find that reasonable, I find it abhorrent.



Of course you know me by now Rollyco. I can get carried away, I suppose this is one of those times. I will let the matter drop and leave this thread be. I obviously care too much about the subject matter to discuss it objectively and less passionately.
 

BudEWiser

Active Member
Dec 24, 2008
224
112
Hmmmm....another torrentfreak link, ( I could find more but I feel lazy)

BREIN Uses Court Win As Leverage To Wipe Out Usenet Sites
http://torrentfreak.com/brein-uses-court-win-as-leverage-to-wipe-out-usenet-sites-110221/


Wiping out sites that report on the location of copywritten material on usenet is completely different than wiping out newsgroups and/or their content. The great thing about Usenet is that it is completely decentralized, and so long as there are large providers carrying particular groups, it will never die.