When that didn\u2019t go exactly to plan due to legal complications, Triller modified its approach, filing several separate lawsuits against\u00a0streaming platforms<\/a>\u00a0and a\u00a0handful<\/a>\u00a0of\u00a0YouTubers<\/a>.<\/p>\n In the background, Triller also\u00a0launched an amnesty program<\/a>, advising people who simply watched the fight illegally to pay $49.99 to avoid being personally sued.<\/p>\n Proving that people simply viewed infringing content is problematic since evidence showing that to be true is difficult to acquire. As it turns out, Triller feels it can proceed with legal action without much evidence at all.<\/p>\n Last Friday, Triller filed a lawsuit in an Ohio court against an individual named Jerren Swords, a resident of West Portsmouth, Ohio.<\/p>\n \u201cThis is a civil action seeking damages for violation of the Federal Communications Act, 47 U.S.C. \u00a7 605, et seq., and for violation of the Copyright Act, 17 U.S.C. \u00a7 101, et seq,\u201d the complaint reads.<\/p>\n These claims form the basis of all Triller\u2019s previous lawsuits filed against those it accuses of copying and\/or distributing the Jake Paul video online. In this case, however, Triller is demanding damages from an individual who (allegedly) simply watched the fight online without paying for it. So what evidence does Triller possess that could enable it to file a lawsuit?<\/p>\n Multi-millionaire businessman Ryan Kavanaugh is the co-owner of Triller and as such has more interest than most in ensuring that his company\u2019s content isn\u2019t pirated online. Quite why Jerren Swords thought it would be a good idea to bait Kavanaugh is unknown but it hasn\u2019t ended well.<\/p>\n <\/p>\n According to the complaint, Swords took to Instagram and posted on Kavanaugh\u2019s official account, declaring that he\u2019d \u201cwatched the Jake Paul fight for free.\u201d A week later, a fellow Instagram user pointed out that Swords had admitted to watching a pirated fight, to which Swords replied \u201cidc [I don\u2019t care]. He can\u2019t sue me.\u201d<\/p>\n At this point Kavanaugh himself weighed in, implying that Swords was using a fake account. \u201cGive me your real name,\u201d he wrote, \u201cand we can check about that.\u201d<\/p>\n <\/p>\n As the image above shows, Swords responded that he was using his own account, at which point Kavanaugh appears to have contacted his legal team. Unfortunately for Swords, his personal details are easily matched to his Instagram account via simple online searches.<\/p>\n Referencing the screenshots posted above, Triller\u2019s complaint alleges that Swords \u201cin or about May 2021\u201d, \u201cadmitted knowingly, willfully, and unlawfully receiving, viewing, and illegally accessing the Broadcast without paying Plaintiff the appropriate pay-per-view fees.\u201d<\/p>\n At this stage, Triller appears to be relying purely on the \u2018confession\u2019 posted to Instagram since its complaint provides no additional evidence. Nevertheless, it suggests that things could get costly.<\/p>\n For an alleged violation of the Federal Communications Act (unauthorized reception or use of communications), Triller seeks damages of up to $10,000 plus costs, interest and attorneys\u2019 fees. For a breach of the Copyright Act (Triller claims that Swords \u201cknowingly, willfully, and unlawfully accessed, received, viewed, distributed, and\/or displayed the broadcast), the company demands statutory damages of up to $150,000.<\/p>\n That Triller is prepared to file a lawsuit based on a few lines of text posted to an Instagram account raises questions in itself. People post all kinds of nonsense online every single day so whether Swords actually watched the fight illegally is something that will need to be proven to the court\u2019s satisfaction.<\/p>\n Questions are also raised by other claims in the lawsuit, including Triller\u2019s assertion that Swords watched its live broadcast.<\/p>\n The complaint states that Swords watched the fight \u201cat the time of its transmission\u201d which isn\u2019t supported by anything that Swords wrote on Instagram. However, even if that is indeed the case, it\u2019s hard to see how Triller would be entitled to an injunction restraining the defendant from causing Triller further damage.<\/p>\n \u201cFurther harm and injury to Plaintiff is imminent, and Plaintiff is without an adequate remedy at law with respect to such harm and injury. Unless Defendant\u2019s acts are enjoined, it is highly likely that Defendant will continue to unlawfully access, receive, view, distribute, display or otherwise infringe Plaintiff\u2019s copyrighted content,\u201d Triller warns.<\/p>\n When dismissing all but one of the plaintiffs in Triller\u2019s initial lawsuit against entities alleged to have distributed the fight, the judge noted that Triller\u2019s demand for an injunction failed to state why it was still suffering harm after its event had concluded.<\/p>\n \u201cPlaintiff does not, however, explain what irreparable harm it continues to suffer from the availability of copies of a live sporting event that occurred weeks ago, the outcome of which is publicly available, and lasted less than two minutes,\u201d he wrote.<\/p>\n The case against Swords is before a different judge in another district but at least in theory, the same questions could be raised in this matter too.<\/p>\n It is extremely rare for a plaintiff to pursue someone for simply watching pirated content since these cases are notoriously difficult to prove. That being said, Triller may have something else in mind. Faced with a lawsuit of this magnitude, it\u2019s possible that Swords will be persuaded to settle instead. That would provide a useful \u201chead on a pike\u201d to others considering watching Triller\u2019s shows illegally in the future.<\/p>\n In advance of that, it may also encourage people to pay the $49.99 settlement fee being proposed on Triller\u2019s\u00a0amnesty page<\/a>, an offer that is set to run for the next two weeks.<\/p>\n Triller\u2019s lawsuit against Jerren Swords can be found\u00a0here<\/a>\u00a0(pdf)<\/em><\/p>\n Source: \u00a0Lawsuit Filed Against Instagram User<\/h2>\n
Defendant Posted a Confession on Instagram<\/h2>\n
![\"Jerren](\"https:\/\/torrentfreak.com\/images\/jerren-swords-1.png\")
<\/a><\/center> <\/p>\n![\"Jerren](\"https:\/\/torrentfreak.com\/images\/jerren-swords-2.png\")
<\/a><\/center> <\/p>\nTriller Demands Considerable Damages<\/h2>\n
Triller\u2019s Strategy Raises Many Questions<\/h2>\n
![\"TorrentFreak\"](\"http:\/\/worldjusticenews.com\/news\/wp-content\/uploads\/2016\/11\/torrentfreak.png\")
<\/a> TorrentFreak.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"