Trying to keep their work away from the file sharing site/service moles, Disney and Warner Bros. make desperate efforts and have sued an ad firm called Triton Media for providing advertising services to a series of sites that the studios feel facilitate copyright infringement.
They claim that the sites in question ”have posted, organized, searched for, identified, collected and indexed links to infringing material that is available on third-party websites, otherwise provided access to infringing material, and/or hosted infringing material”, therefore, no trace of hosting or transmission of copyrighted material.
These sites just allow users to post links. But even so, it seems that they are a real threat for the Disney’s folks so they are trying everything they can to stop advertising on pirate websites.
All of these websites could themselves be liable for a contributory infringement claim, but the studios have instead decided to reach out even further by taking action against a larger business in Triton.
The two studios aren’t the first to attempt to crack down on piracy by targeting so-called facilitators. Adult entertainment publisher Perfect 10 sued Mastercard and Visa in 2004, alleging the two credit card companies provided “crucial transactional support services” to pirate websites. A district court dismissed the case, and later the Ninth Circuit upheld it, determining that Perfect 10 had failed to support any theory of liability against the defendants.
It appears that Warners and Disney, represented by the anti-piracy experts at Mitchell Silberberg & Knupp, want to take a shot at being the very plaintiff that might expand the definition of contributory copyright infringement.
The studios are seeking unspecified monetary damages as well as an injunction that would prevent Triton from doing business with these websites.