Inter-Avid Productions is suing Pink Visual aka Ventura Content aka Cyberheat Inc for copyright infringement aka piracy. XBiz wrote about that story this week but some of the facts seem to be in dispute.
Inter-Avid filed its lawsuit June 17th in US District Court for the Central District of the state of California. In it we find out all kinds of neat things like Ventura Content aka Pink Visual is an Aruban Corporation. Is that another way of saying offshore?
In the lawsuit, Inter-Avid, owned by Andrew Stoddard who used to work for Pink Visual’s parent company, alleges that the primary servers for Pink Visual are in New Mexico with secondary servers in the Netherlands Antilles. Is that another way of saying offshore?
The 18 page lawsuit contends that Pink Visual’s New Mexico and Antilles servers are responsible for distributing infringed copies of Inter-Avid’s copyrighted 1300 titles to users all over the world including California.
Here’s where the facts of Xbiz’s June 27th story differ. XBiz is reporting that Pink Visual was hit with an $8.1M lawsuit.
Maybe their hand calculator is better than mine, but I come up with a $48M lawsuit. In dispute are 320 titles, not 233 as reported in the XBiz story, and Inter-Avid is asking for $150,000 in penalties for each title. Do the math. $48M.
The 233 figure comes from the fact that Inter-Avid in its suit says they have applied for copyright registration for 320 titles of which 233 have been registered so far. Even if you allow the proper adjustment, that makes for a $34.9M lawsuit.
Just an observation. Isn’t Pink Visual a big opponent of piracy? Which makes this lawsuit so juicy for its hands-in-the-cookie-jar aspect.
P.S.: Pink Visual said it was filing a counter claim confirming that Pink Visual owns full rights to the content in dispute and will be seeking attorney’s fees, an aka for saying this lawsuit is bullshit.