Oron Offered to Help Prosecute Users to Settle $34.8M Suit

Jul 6, 2012 11:00 AM PST

LAS VEGAS -- A settlement deal in the works last month between file-locker site Oron.com and gay adult studio Corbin Fisher over alleged copyright infringement would have included much more than $500,000 on the table.

There would have been an agreement for Oron to turn over the IP addresses, banking details and email addresses of users alleged to have infringed Corbin Fisher's copyrights.

Oron rejected the $500,000 demand to make things go away but later offered $50,000.

In addition, Oron said that should an agreement be reached it could become particularly helpful towards Corbin Fisher.  Oron said it could indeed take “both strong and bold measures to keep [Corbin Fisher] content off of its servers” by giving it “unfettered” deletion access to its systems.

"Oron will assist Liberty in identification and civil prosecution of any parties who have been using Oron to distribute Liberty’s copyrighted material, including but not be limited to, full disclosure of IP addresses, banking information, emails and any other information that may assist in Liberty in such prosecution," according to the settlement offer's language.

Then, in order to generate revenue, removed copyright-infringing content could be substituted for links pointing to locations where people could buy official product from Corbin Fisher instead, according to TorrentFreak.

“Oron will receive no income from such links until Liberty has recouped gross income of $400,000 after which Liberty shall pay to Oron 50 percent of its profits from said links,” Oron suggested.

Oron also offered to “permanently ban, by email address, PayPal account, IP address or any other reasonable and robust metric, any user who is the subject of even a single Liberty Media takedown notice.”

Any user flagged as infringing Corbin Fisher's copyrights would also have their payments frozen by Oron.

The deal also would have provided “some public relations help for Oron in order to minimize the chance of other lawsuits being brought against it” by stating that Oron does deserve safe harbor under the DMCA after all.

Corbin Fisher's offer was dated June 22 and Oron’s counter offer was dated June 23 with a June 25 deadline.

Corbin Fisher general counsel, Marc Randazza, told XBIZ on Friday that "the discussions reflect[ed] an attempt to compromise before we started brawling."

"I find it unfortunate that they were leaked, as they should have been confidential," Randazza said. "Nevertheless, I think that them being out there shows how reasonable we were willing to be before filing suit." 

Last month, Corbin Fisher sued operators of Oron.com, alleging they had knowledge of and induced the trading of 232 instances of pirated Corbin Fisher material.

PayPal, AlertPay and CCBill were ordered in the TRO to freeze Oron accounts; VeriSign also was ordered to freeze the Oron.com domain name from any transfers. In addition, Navarro ordered Oron to preserve and restore financial documents key to the case.

Corbin Fisher also served Oron with an injunction prohibiting disposal of assets in Hong Kong. In the Hong Kong order, Oron operators were enjoined from disposing or diminishing in value of its assets up to $3 million.

The file-locker site continues to be operating at press time, despite Oron operators' earlier contention that without additional funds beyond a court-allotted $100,000 that it couldn't carry the site through the first week of July without additional funds from its bank accounts, which all have been frozen.

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