The film, produced by Hiroyuki Kobayashi, is set for a Sony Pictures DVD release in the USA on December 30. A few days ago it leaked onto the Internet and since then it has already been downloaded a million times via BitTorrent.

This is not the first time that a movie quickly became popular online due to the release of a pirated copy. “The Man from Earth” is another example of a film that became immensely popular due to its distribution on BitTorrent. Contrary to the opinion of the big studios, many independent filmmakers see piracy as free promotion instead of a threat.

We doubt that Sony Pictures will respond similarly to the leak of ‘Resident Evil: Degeneration’, which tops our weekly download chart. Below is the full list of this week’s most downloaded movies on BitTorrent. The Dark Knight, which led the chart three weeks in a row, has dropped to third place. Later this week and following on from our top 10 most downloaded games chart, we will publish the top 10 most downloaded movies in 2008.

The data for our weekly download chart is collected by TorrentFreak, and is for informational and educational reference only. Currently both DVDrips, DVD Screeners and R5 rips are counted.

RSS feed for the weekly DVDrip chart.

Article from: TorrentFreak, check out our new blog at FreakBits.

The lawsuit states that the “defendant’s business plan depends on the uploading, posting, display and performance of copyrighted audio-visual works belonging to Vivid and others” and that the defendants “knowingly built a library of infringing works to draw Internet traffic” to its website.

Listing dozens of Vivid movies available to view on PornoTube (PT), the lawsuit claims that these were uploaded by PT’s users after being encouraged to do so by PT. Under US copyright law, each offense could carry damages of $150,000 per infringement. In addition to an injunction to halt any further potential infringements, the lawsuit seeks damages of $4.5 million.

Additionally, it’s claimed that PornoTube fails to comply with the federal Child Protection and Obscenity Enforcement Act. Although the Act covers those who produce sexually explicit material (PornoTube do not), there is another category of producer known as a ’secondary producer’ – which is anyone who publishes and reproduces content – a category under which PornoTube seems to fall. Vivid’s attorney, Paul Cambria said: “Once they put up any material on their site and fit it into their format, they are no longer just a ‘pass through’ medium—they have become producers or distributors under the law.”

According to the suit, PornoTube fails to take steps to validate the age of the actors in the videos it carries, explained here by Steven Hirsch, co-chairman of Vivid: “PornoTube and AEBN have exactly the same responsibility as any other adult content distributor or producer to obey U.S. copyright laws and 2257 regulations”

Vivid also believe that due to PornoTube avoiding the costs associated with conforming with the ‘2257′ regulations, they have an unfair competitive edge: “Vivid spends enormous sums to copyright its content and to comply with the Child Protection and Obscenity Enforcement Act age verification process. PornoTube and AEBN have been getting away with a practice that unlawfully earns it millions of dollars at our expense.”

Apparently, Vivid’s attorney, Paul Cambria, is happy to use the DMCA against PornoTube but is unhappy at the way it operates in other areas, particularly take-down requests: “Vivid should not have to take responsibility for policing PornoTube on a minute by minute basis to protect its rights,” he said.

Interestingly, AEBN – owner of PornoTube, who describes itself on its site as the “Global Leader in Pay-Per-View”, is actually already a big customer of Vivid Entertainment, as can be seen from this section on their site, where they are listing 971 Vivid movies available for paid download.

The RIAA and MPAA have been sueing their own customers for years, so the porn industry is playing catch-up here. However, this action against PornoTube is just the tip of the iceberg. The porn industry is about to start targeting file-sharers using the same tactics as the RIAA and MPAA – infringement notices will be appearing in mail boxes shortly.

Stay tuned for that report very soon.

Article from: TorrentFreak, check out our new blog at FreakBits.