US Court Orders LibGen To Pay $30 Million To Publishers, Issues Broad Injunction
A New York federal court has ordered (PDF) the operators of shadow library LibGen to pay $30 million in copyright damages to publishers. The default judgment also comes with a broad injunction that affects third-party services including domain registries, browser extensions, CDN providers, IPFS gateways, advertisers, and more. These parties must restrict access to the pirate site. An anonymous reader quotes a report from TorrentFreak: Yesterday, U.S. District Court Judge Colleen McMahon granted the default judgment without any changes. The anonymous LibGen defendants are responsible for willful copyright infringement and their activities should be stopped. "Plaintiffs have been irreparably harmed as a result of Defendants' unlawful conduct and will continue to be irreparably harmed should Defendants be allowed to continue operating the Libgen Sites," the order reads. The order requires the defendants to pay the maximum statutory damages of $150,000 per work, a total of $30 million, for which they are jointly and severally liable. While this is a win on paper, it's unlikely that the publishers will get paid by the LibGen operators, who remain anonymous. To address this concern, the publishers' motion didn't merely ask for $30 million in damages, they also demanded a broad injunction. Granted by the court yesterday, the injunction requires third-party services such as advertising networks, payment processors, hosting providers, CDN services, and IPFS gateways to restrict access to the site. [...] The injunction further targets "browser extensions" and "other tools" that are used to provide direct access to the LibGen Sites. While site blocking by residential Internet providers is mentioned in reference to other countries, ISP blocking is not part of the injunction itself. In addition to the broad measures outlined above, the order further requires domain name registrars and registries to disable or suspend all active LibGen domains, or alternatively, transfer them to the publishers. This includes Libgen.is, the most used domain name with 16 million monthly visits, as well as Libgen.rs, Libgen.li and many others. At the moment, it's unclear how actively managed the LibGen site is, as it has shown signs of decay in recent years. However, when faced with domain seizures, sites typically respond by registering new domains. The publishers are aware of this risk. Therefore, they asked the court to cover future domain names too. The court signed off on this request, which means that newly registered domain names can be taken over as well; at least in theory. [...] All in all, the default judgment isn't just a monetary win, on paper, it's also one of the broadest anti-piracy injunctions we've seen from a U.S. court.
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