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Septembers of Shiraz lawsuits, what you need to know

Dec 20th, 2016 | By | Category: Bittorrent Defense

Torrent Defense – September Productions files lawsuits for “Septembers of Shiraz” Illegal Movie Download and file sharing (P2P).

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Introduction

This blog talks about another movie production company that may sue for illegal file sharing on the internet.  If you received a subpoena notice from your ISP such as Comcast, Cox, or Verizon, and need legal help, we offer a no cost initial consultation to discuss the case, your rights and potential defenses and other things like “how much is this going to cost to settle?”  Suites have been filed in Oregon, Colorado, California, Maryland and Texas.

What is the Movie Shiraz?

According to Wikipedia:

“Septembers of Shiraz is a 2015 American drama film directed by Wayne Blair and written by Hanna Weg. It is based on Dalia Sofer’s 2007 novel The Septembers of Shiraz. The film stars Adrien Brody, Salma Hayek, Shohreh Aghdashloo, Anthony Azizi, Bashar Rahal and Alon Aboutboul. The film was released on June 24, 2016, by Momentum Pictures.”

Who is September Productions, Inc.?

This is the company named as the Plaintiff where the Septembers of Shiraz film is downloaded.  According to one of the complaints I saw filed:

“September Productions, Inc. (“SPI”) is a Nevada corporation with principal offices in Los Angeles, California and an affiliate of Nu Image / Millennium Films, production companies and distributors of a notable catalog of major motion pictures.”

On the Millennium Films website I note that Mechanic Resurrection is on their homepage (this is another Torrent case we handle).

Law Firms that have filed September Productions Lawsuits

Crowell Law (Salem, Oregon)

Fischman Law PLLC (Houston, Texas)

Saunders and Schmieler PC (Columbia Maryland)

How do they find out about my illegal file sharing?

According to one of their complaints filed in Maryland, they disclose a private investigation firm Maverick UG that spots infringement for them:

“September Productions, Inc. retained Maverickeye UG, a digital forensic investigation service, to identify the IP addresses belonging to those persons using the BitTorrent protocol to infringe its copyright in SEPTEMBERS OF SHIRAZ.

Maverickeye uses forensic software to scan peer-to-peer networks for infringing transactions.

Maverickeye extracted the data produced by its investigation, reviewed evidence logs, and isolated the transactions and IP addresses associated therewith for files identified by a specific hash value. In this case, Maverickeye isolated transactions and IP addresses for the files identified by the SHA-1 hash value of:

SHA1: E333B53B8E2D57106E74AB9CA77E01BC9ABE7B50 (the “unique hash number”).

The IP addresses, unique hash number, and hit dates contained on Exhibit 1 accurately reflect what is contained in the evidence logs, and show that:

(a) each defendant copied a piece of SEPTEMBERS OF SHIRAZ, identified by the unique hash number; and, therefore,

(2) each defendant took part in the same series of transactions through which he downloaded SEPTEMBERS OF SHIRAZ and simultaneously transmitted SEPTEMBERS OF SHIRAZ to other peers.”

Sample Allegations in Complaint

This is a civil action for copyright infringement of federally registered copyrights in violation of the Copyright Act of 1976, 17 U.S.C. §101 et seq. (the “Copyright Act”). Plaintiff seeks injunctive relief, statutory damages, attorney fees and costs, and such other relief as the Court deems proper

Septembers of Shiraz is a major motion picture released in theatres in 2015. The motion picture Septembers of Shiraz is a thriller based on the New York Times bestseller and true story of a Jewish family caught in the Islamic revolution in Iran.  Septembers of Shiraz is protected by the Copyright Act and registrations including Pau 3- 740-540 and the pending registration filed January 20, 2016. Exhibit 1.  Under The Copyright Act, September is the proprietor of copyrights and related interest needed to bring suit. The motion picture contains wholly original material that is copyrightable subject matter under the laws of the United States. The motion picture is currently offered for sale in commerce and is available through Amazon and Netflix

The defendant has also been observed as associated with the peer-to-peer exchange of over 100 other copyrighted titles through the BitTorrent network, including observed acts of distribution of the title Standoff (2016) and Criminal (2016). As such the defendant’s conduct is clearly willful and persistent

The defendant’s IP address was at that time of observed infringement managed by Internet Service Provider (“ISP”) Comcast, who on information and belief generally assigns an IP address to a single party for extended periods of time, often for months, and provides Wi-Fi systems with notable pre-installed security and passwords.”

These are some of the sample allegations that are common to many torrent lawsuits filed in federal courts around the United States.

The problem of file sharing by California Senator Barbara Boxer

Ms. Boxer made the following four points in one of her speeches:

TESTIMONY OF HON. BARBARA BOXER, A U.S. SENATOR FROM THE STATE OF CALIFORNIA Senator Boxer.

“Senator, thank you so much, Senator Coleman, Senator Carper, and others who will come, for giving me this opportunity. We had a hearing on this subject at which you testified, my friend, Senator Coleman, so this is my second round in putting out some of my thoughts, and I will try to keep this as closely knit as I can.

First of all, I have four points to make. The first point is that downloading copyrighted works is theft, and I think if there is anything else coming out of this hearing other than that, it is a real problem. Senator Levin, I was just saying that I have four points to make that I hope you will keep in mind.

First, that downloading copyrighted works is theft, plain and simple.

Second, it is not a victimless crime, as you will find out today.

Third, the file-sharing networks themselves constitute a threat to privacy.

And fourth, these networks are no place for children. Those are the four points and I will go quickly through them.”

Contact a P2P file sharing law firm

We have helped many John Doe Defendants across the United States defend against claims of copyright infringement in federal court lawsuits.  We can help you settle your case anonymously, or litigate the case if you defenses apply and it is likely you can recover your attorney fees if you are the prevailing Defendant in the case.  Call (877) 276-5084 for a free initial consultation.  We have extensive federal court litigation experience and sparkling Avvo client reviews.  We offer low flat rate legal fees for most cases.

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