It looks like the MPAA has picked the wrong guy to sue… and it could REALLY hurt them in the long run. Here’s the skinny from the good folks over at FilmFodder:
Shawn Hogan is taking the download battle to the Motion Picture Association of America (MPAA). Wired says Hogan, CEO of Digital Point Solutions, is challenging a lawsuit filed by the MPAA. The suit says Hogan illegally downloaded the film “Meet the Fockers” through the BitTorrent peer-to-peer system. Hogan denies the claim and is vowing to take the case to court.
So why is this a big deal? In most cases the downloading lawsuits filed by the MPAA and the Recording Industry Association of America (RIAA) never reach the courtroom. According to Wired, many of these lawsuits go unchallenged because defendants feel the legal defense costs are too high. Defendents usually settle before the lawsuits can be formally addressed in court.
Hogan, who is well funded thanks to his success with Digital Point, is adamant about seeing the case through. “I would spend well into the millions on this,” Hogan tells Wired.
Ok… so here’s why this is so important…
Some people may think, “Big deal… if the MPAA loses this one, it’s just one. They can continue going on fighting and sueing everyone else”. Well… that’s not really true.
You see, the vast vast vast majority of the lawsuits brought by the MPAA never see the court room because most people would rather settle with them than fight it in court… because it’s cheaper that way. Here’s the rub…
In North America (except for in Quebec) we have a legal system that heavily relies on Precident. Everytime a Judge makes a decision in a case… his decision basically becomes law. Any future case that revolves around the same issues, have to take the previous Judge’s decisions into account, just as much as the law itself. So basically, everytime a Judge makes a decision… new law is made that all other judges must follow. That’s the short explanation.
So here’s the thing… now the MPAA is sueing a guy who has more than enough money to fight them in court… which means a Judge COULD find in his favor and against the MPAA. If that happens… then the Judges decision becomes material to any other MPAA lawsuits in the future. Long story short… the MPAA should really drop this and fast… but I hope they don’t drop it! I hope this guy kicks their asses in court and put a stop to this insanity of bully tactics and “he with the most money wins” culture.
