Court Denies TVAddons’ Request to Dismiss U.S. Piracy Lawsuit

[steven36]

The people behind TVAddons and the ZemTV Kodi addon have failed to have their case dismissed. The defendants asked the Texas court to drop the case because they are foreign nationals with no connection to the state. However, the court disagrees which means that the legal battle continues.

 

 

Last year, American satellite and broadcast provider Dish Network targeted two well-known players in the third-party Kodi add-on ecosystem.

 

In a complaint filed in a federal court in Texas, add-on ZemTV and the TVAddons library were accused of copyright infringement. As a result, both are facing up to $150,000 in damages for each offense.

 

While the case was filed in Texas, neither of the defendants live there, or even in the United States. The owner and operator of TVAddons is Adam Lackman, who resides in Montreal, Canada. ZemTV’s developer Shahjahan Durrani is even further away in London, UK.

 

Screenshot  of The owner and operator of TVAddons Adam Lackman/ AKA Eleazar Coding

 

According to the legal team of the two defendants, this limited connection to Texas is reason for the case to be dismissed. They filed a motion to dismiss in January, asking the court to drop the case.

 

“Lackman and Durrani have never been residents or citizens of Texas; they have never owned property in Texas; they have never voted in Texas; they have never personally visited Texas; they have never directed any business activity of any kind to anyone in Texas […] and they have never earned income in Texas,” the motion reads.

 

Dish saw things differently, however. The broadcast provider replied to the motion, submitting hundreds of pages of evidence documenting TVAddons and ZemTV’s ties to the United States.

 

Among other things, Dish pointed the court towards TVAddons own data, which showed that most of its users came from the United States. More than one-third of the total user base were American, it argued.

 

“The United States was Defendants’ largest market with approximately 34% of all TV Addons traffic coming from users located in the United States, which was three times the traffic from the second largest market.”

Late last week District Court Judge Vanessa Gilmore ruled on the motion to dismiss from both defendants, which is denied.

 

 

At the time of writing, there is no additional information available as to how Judge Gilmore reached her decision. However, it is clear that the case will now move forward.

 

This lawsuit is one of several related to Kodi-powered pirate steaming boxes. While TVAddons and ZemTV didn’t sell any fully loaded boxes directly, Dish argues that they both played a significant role in making copyright-infringing content available.

 

Earlier this year, the manufacturer of the streaming device DragonBox was sued in a separate case by Netflix, Amazon and several major Hollywood studios.

 

A few days ago Dragon Media denied all piracy allegations in the complaint, but the lawsuit remains ongoing. The same is true for a related case against Tickbox, another Kodi-powered box manufacturer.

 

 

Source

[straycat19]

Actually the reason for denial is very simple.  If a person, outside of America, purposely avails himself of the benefits of the states then that person is subject to personal jurisdiction.  In other words, if you operate any website containing illegal material and earn income or gain other advantages from doing so, and it is done within the borders of the U.S. or its territories then U.S. courts can exercise jurisdiction.  So actually all it requires is that the website display one ad for which it may receive income or that some other advantage be gained, such as users/affiliates providing additional material/programs to the site owner, which then gives the U.S. jurisdiction.  This right is recognized internationally by most countries.