Anna's Archive Loses $322 Million Spotify Piracy Case Without a Fight (torrentfreak.com) 21
An anonymous reader quotes a report from TorrentFreak: Spotify and several major record labels, including UMG, Sony, and Warner, secured a $322 million default judgment against the unknown operators of Anna's Archive. The shadow library failed to appear in court and briefly released millions of tracks that were scraped from Spotify via BitTorrent. In addition to the monetary penalty, a permanent injunction required domain registrars and other parties to suspend the site's domain names. [...]
The music labels get the statutory maximum of $150,000 in damages for around 50 works. Spotify adds a DMCA circumvention claim of $2,500 for 120,000 music files, bringing the total to more than $322 million. The plaintiff previously described their damages request as "extremely conservative." The DMCA claim is based only on the 120,000 files, not the full 2.8 million that were released. Had they applied the $2,500 rate to all released files, the damages figure would exceed $7 billion. Anna's Archive did not show up in court, and the operators of the site remain unidentified. The judgment attempts to address this directly, by ordering Anna's Archive to file a compliance report within ten business days, under penalty of perjury, that includes valid contact information for the site and its managing agents.
Whether the site will comply with this order is highly uncertain. For now, the monetary judgment is mostly a victory on paper, as recouping money from an unknown entity is impossible. For this reason, the music companies also requested a permanent injunction. In addition to the damages award, [Judge Jed Rakoff] entered a permanent worldwide injunction covering ten Anna's Archive domains: annas-archive.org, .li, .se, .in, .pm, .gl, .ch, .pk, .gd, and .vg. Domain registries and registrars of record, along with hosting and internet service providers, are ordered to permanently disable access to those domains, disable authoritative nameservers, cease hosting services, and preserve evidence that could identify the site's operators.
The judgment names specific third parties bound by those obligations, including Public Interest Registry, Cloudflare, Switch Foundation, The Swedish Internet Foundation, Njalla SRL, IQWeb FZ-LLC, Immaterialism Ltd., Hosting Concepts B.V., Tucows Domains Inc., and OwnRegistrar, Inc. Anna's Archive is also ordered to destroy all copies of works scraped from Spotify and to file a compliance report within ten business days, under penalty of perjury, including valid contact information for the site and its managing agents. That last requirement could prove significant, given that the identity of the site's operators remains unknown.
The music labels get the statutory maximum of $150,000 in damages for around 50 works. Spotify adds a DMCA circumvention claim of $2,500 for 120,000 music files, bringing the total to more than $322 million. The plaintiff previously described their damages request as "extremely conservative." The DMCA claim is based only on the 120,000 files, not the full 2.8 million that were released. Had they applied the $2,500 rate to all released files, the damages figure would exceed $7 billion. Anna's Archive did not show up in court, and the operators of the site remain unidentified. The judgment attempts to address this directly, by ordering Anna's Archive to file a compliance report within ten business days, under penalty of perjury, that includes valid contact information for the site and its managing agents.
Whether the site will comply with this order is highly uncertain. For now, the monetary judgment is mostly a victory on paper, as recouping money from an unknown entity is impossible. For this reason, the music companies also requested a permanent injunction. In addition to the damages award, [Judge Jed Rakoff] entered a permanent worldwide injunction covering ten Anna's Archive domains: annas-archive.org, .li, .se, .in, .pm, .gl, .ch, .pk, .gd, and .vg. Domain registries and registrars of record, along with hosting and internet service providers, are ordered to permanently disable access to those domains, disable authoritative nameservers, cease hosting services, and preserve evidence that could identify the site's operators.
The judgment names specific third parties bound by those obligations, including Public Interest Registry, Cloudflare, Switch Foundation, The Swedish Internet Foundation, Njalla SRL, IQWeb FZ-LLC, Immaterialism Ltd., Hosting Concepts B.V., Tucows Domains Inc., and OwnRegistrar, Inc. Anna's Archive is also ordered to destroy all copies of works scraped from Spotify and to file a compliance report within ten business days, under penalty of perjury, including valid contact information for the site and its managing agents. That last requirement could prove significant, given that the identity of the site's operators remains unknown.