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First Software Maker Joins BitTorrent Lawsuit Bonanza

Mass-BitTorrent lawsuits continue to sweep across the United States and for the first time a software company has joined in on the action. Canadian company reFX Software has sued nearly 200 alleged BitTorrent users for distributing their audio software. The defendants include consumers on residential connections as well as students or employees of Webster University and the University of Central Missouri.

Since 2010 around 350,000 people have been accused of sharing copyrighted works on BitTorrent in the United States.

Copyright holders generally sue dozens, hundreds or sometimes even thousands of people at once, hoping to extract cash settlements from the alleged file-sharers.

With settlement amounts up to thousands of dollars the lawsuits are a multi-million dollar business, attracting a diverse group of rightsholders.

In the U.S. the scheme was pioneered by smaller film companies, followed by makers of adult entertainment, anime, books and music. And now we can add a software company to the list as the Canadian based reFX has sued 180 alleged BitTorrent users at a federal court in Missouri.

The company makes popular synthesizer software and is going after people who shared their flagship Nexus 2 product. In most aspects the lawsuit is similar to those we’ve seen before, with the Doe defendants being accused of several counts of copyright infringement.

As evidence reFX collected the IP-addresses of the file-sharers, and the company now hopes to get the identities of the subscribers linked to these accounts through a subpoena.

“Plaintiff believes that information obtained in discovery will lead to the identification of each John Doe defendant’s true name and permit the plaintiff to amend this complaint to state the same,” the complaint reads.

“Specifically, plaintiff intends to subpoena the ISPs that issues the John Doe defendant’s IP-addresses in order to learn the identity of the account holders for the IP-addresses.”

This action, to our knowledge, is the first lawsuit brought by a software company against BitTorrent users. But that’s not the only novelty – the list of those targeted for copyright infringement allegations is also unique.

Two of the defendants are students or employees of Webster University and the University of Central Missouri (pdf). Usually, these type of lawsuits are limited to subscriber accounts at major consumer Internet providers – companies and other organizations are usually left alone.

It will be interesting to see how the universities respond to the subpoenas, if they are granted.

reFX Software states in the complaint that they will continue to monitor the unauthorized downloads and add new IP-addresses to the lists as the case progresses. Whether the action will inspire other software makers to do the same remains to be seen.

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  • Jason

    i am now seeding this program.

    • thedude321

      ^^ Ditto! :D

      • Bananas

        It is actually fine for some kinds of electronic music, but terribly overpriced.

        • Plop

          What a bunch of twonks. They want people to buy their software synth/rompler but they won’t let you download a demo version to get a hands-on try. How else do they expect people to decide if it’s any good? So are they really surprised it gets pirated?

          I usually walk away from software that won’t let you check out a demo first – that’s a verifiable lost sale right there. There have been one or two notable exceptions where I’ve grabbed a pirated copy to get a feel for how it works, got really into the guts of the app and then gone out and bought it because it’s truly useful to me, but these jokers expect you to listen to a sample track (which you can’t even skip through on their site to check out the different sections) and then buy it based purely on that!? It all seems like an exercise in bad marketing technique, topped off with a negative PR campaign through suing downloaders who most likely want to try it first hand before they decide if it does what they want it to do.

        • Ophelia Millais

          I know, right? And it’s just a plugin! If I’m going to drop $2600 on an instrument, it better have some resale value.

        • downunder

          thats why most software is pirate.cost (and to test it out before buying sometimes). once the greedy sellers and want more then $15 its above a home users allowance
          I doubt we ever see vmware and windows sale for under $20
          but you never know..

        • Ashamed Vanguard Owner

          Vanguard is an ok-ish subtractive synth
          ( I have better, own it but rarely use it)

          Nexus is an ok soundbank with some extra control
          ( modern GM-ish soundbank with less control than a full synth Do NOT WANT)

          Slayer & quadrisid are very specific
          ( meh Do not want)

          PlasticCZ is an average easy to use basic synth.
          ( meh do not want )

           
           
           
          RexFX are being fucking stupid by going after people who use their created software but can’t afford to buy it.
          €2,339 for nexus2 complete.

          POOR Kid pirates Nexus2
          Makes good track
          Sells track
          Earns money
          Buys Nexus2

          POOR Kid pirates Nexus2
          ReFx sue his ass
          Doesn’t buy Nexus2
          +
          POOR Kid doesn’t pirate Nexus2

           
           
          If sales don’t fall from this dick move by ReFx, I will be amazed.

      • OptionalBob

        “Their software sucks” ???

        Are you a professional musician/technician, able to make that decision on a seconds thought, or was your reaction based on the fact the company didn’t provided full versions of their software on The Pirate Bay ???

        I assume you wouldn’t sound so butthurt if they had given away their software for free. Nooo, then you would have screamed out: “WOW THIS IS A GREAT COMPANY GIVING AWAY A GREAT SOFTWARE !!!!”.

        I am pro-filesharing myself, so stfu about any “troll” allegations.

        • Street Urchin

          A troll you’re not, a rectal cavity you most certainly are

        • Anonymous

          Answer: Yes, I am a professional musician and tech. Yes, this software is horrible. Especially for the price.

      • Jon7272

        do it anyway i dont use half my downloads my payback for dickhead sue happy companies lmfao

      • Stuff

        i wonder if the usa economy was brilliant and these tossers where making shitloads for their crappy software wether they would chase anyone??
        seems more like those that are not making money are using trolls!

    • Violated0

      So after reading the story the middle finger it is.

    • Jason

      Or it will be as soon the pirate bay quits getting DDOSed. [Facepalm]

      • Jason

        Piratebay is back up.

        o/

    • Andrew Lee

      I wonder what happens if I run this download through a firestorm of proxies of innocent people? Would they care about true justice? I bet they would just extort them as well since they know it’s easy money.

    • Bananas

      me too but it was just coincidence

    • Eviscerator

      Do you mean seeding the “bonanza” program?

      May be these corporate idiots really think it it a bonanza until some of them get killed.

      What a pathetic pack of fool! They really don’t know what they are doing.

  • thedude321

    Just move to the cloud. Use business sense instead of trying to milk people who have no cash.

  • Bubanee

    torrentfreak, you scare me sometimes lol…

  • Guest

    Why does their site look like Apple’s? They should be sued for stealing their menu bar…

    • Jmorse43508

      Give it some time. Apple seems to be pretty lawsuit happy these days.

    • Guest321

      Don’t worry, Apple will soon start bitching and crying like the bitch they are. On second thought may be they won’t care because they only like to go after legitimate competition that they can’t compete fairly against.

      • iSubpoena

        Really? I was under the impression sues anyone they like at the moment

  • Anonymous

    until there is mass opposition by some seriously powerful companies, equal to the entertainment industries (and now the added software company. this will increase!), this shit is going to continue to get worse, picking up momentum along the way. the only way for this to stop is not the always suggested boycott but to totally stop using the Internet. stop using ISPs. when they are hit in the pocket, along with internet businesses and of course search engines and customers are unable to pay bills etc, perhaps then those in power will start to listen to the people as well instead of only listening to certain industries. progress is being held back and innovation is stumbling simply because of the fear of losing control of the way information is obtained by customers. as per usual, the few are dictating the course to be taken by the many

    • Anon

      “as per usual, the few are dictating the course to be taken by the many”

      Yes, that’s called “government”, in many cases elected. It’s been around as long as humankind and it’s the foundation of every civilization. Ever.

      • Guest

        lol

        As usual, Anon The Dipshit fails at literacy.

        Anonymous is referring to businesses, not the government. Or like a good little fascist do you not even make a distinction between the two?

        • Anonymous

          glad that at least you understand, Guest. strange what is so obvious to some is so hard to grasp for others.

      • ninja_plz

        elected…lol…puppets…

      • G_leggett

        Anon. If you don’t know how the world works you should stop humiliating yourself on comments boards! Although this is a constant source of humour for the rest of us.

    • http://gene-poole.tumblr.com Gene Poole

      I don’t think boycotting or even dropping off the grid will make a difference at this point. All boycotting or refusing to use the internet will do is reinforce content holders’ beliefs that piracy is running more and more rampant (since of course their profits are falling), which will lead to stricter laws, greater surveillance, and a stronger police state.

      Once it reaches a certain point it becomes self-fueling. I call this the “Orwell Horizon, and we passed it around the beginning of this year.

      Honestly I don’t think anything can be done from here on out without violent upheaval and a revolution. I don’t advocate it, but the corrupt system has become so entrenched I don’t see it changing any other way.

      • theonlyone

        “Honestly I don’t think anything can be done from here on out without violent upheaval and a revolution.”

        I would welcome that if people had the balls to do it I would join in.

      • I’m Batman

        Ghandi. Dr. Martin Luther King, Jr.

        Both men lead *peaceful* revolution(s).

        Non-violent protest and civil disobedience are much more powerful.

        VIOLENCE . . . **is not the way**.

    • Gsgsgs

      Your right the only power we have in this fight is too boycott the isp’s and anyone else that stands to ruin the net.f this ppl where is anon when you really need them?the only way we can change this is to stage a total net riot! Let’s burn this beotch down!

  • Jason

    I am a developer with a few apps on itunes and android. Recently i saw one on the bay. I sat back and smiled. I created something worth stealing (sharing). Looked at when it was uploaded and checked my sales against it. Small spike up in the next few weeks…WHAAAT? How could this be? My advice to that company. Put more time into quality.

    Step 1 make app
    Step 2 ??????
    Step 3 profit

    #2 does not = mob style shakedown

    • guest

      Step 1 Collect Underpants
      Step 2 ?
      Step 3 Profit

      Worked for the gnomes!

    • Bananas

      I don’t know what happens, even professionals use cracked versions. Avicii recently was caught in a video using cracked Sylenth1(similar product) and possibly Nexus that appears in the same video. Yhere is a long list of those cases.

      Anyway those artists showing off using their products is big free publicity.

    • Long john silver

      Yeeeeeessssss!

  • Dondilly

    Looking at the program, its scale not to mention its price, it looks like one of the many grossly overpriced programs screaming out for tiered licensing. There is one thing in asking 2500-3000 euros for complex software if it is to be used commercially in this case in a studio or for profit recordings and i dare say all commercial enterprises using their synth have paid for it. The problem arises in that many musicians, hobbyists or students are unable to pay those commercial rates so without piracy, cant gain experience to get jobs in studios utilizes this kit professionally or if they do get a job in a studio that doesnt utilize it are not in a prosition to recommend it so gets ignored by an employer unwilling to invest in the software and the time to get staff trained.

    This problem has been addressed by a number of software companies selling complex software systems. Best known is Oracle, their relational database products cost thousands, yet they now offer their dbms FREE for non commercial use and that license even covers developement in a commercial environment providing the system is dev only and not deployed. The only limitation is 10 users. This approach has not only killed piracy but also increased sales as more people can gain experience developing for their system legally at zero cost.

    Something Microsoft and a few others could learn from.

  • Embrace Change

    I’m not interested in this program at all – but now I’ve downloaded and added it to seedboxes serving 14 different major torrent trackers.

    Best of luck on future litigation, reFX Software.

    • http://gene-poole.tumblr.com Gene Poole

      Considering the courts don’t support fishing expeditions and an IP address does not equal a person, I wonder why they continue to throw good money in lawyer fees after bad?

      Where will the case be pursued? Canadian courts?

      • Violated0

        US Courts have long supported fishing expeditions. Only now months or years later do they see that not a single person has been taken to Court and they are starting to shut them down. Too little and too late for the tens or hundreds of thousands of people who settled, wrongly or rightly, out of fear of a very expensive Court case.

        The big question is when a new company like reFX Software starts suing people if the Judge is going to assume they are a Copyright Troll and apply harsh conditions early on or if this will be back to square one where only months or years later will this scheme be shut down?

      • OptionalBob

        An IP-address equals one physical person. According to the braindead and mentally impaired judges in Swedish courts. :D

  • ThumbsUpThumbsDown

    Normal companies create products…..make money.

    Copyright Distributors create adversaries……. make money……until their adversaries get big enough to eat them one lawsuit at a time.

    Message: Please. go right ahead! Sue the University! Sue all of them! Nothing but victims there! Big troll money to be made! Start with Harvard, Yale, and Chicago U. Yeah! I happen to know, they’re big time porchmonkeys just waiting to settle!

    What? Can’t take a joke?

  • djnforce9

    Yeah, I say forget about that expensive piece of junk because for $200, you can get “Fruity loops” which can very likely accomplish all of the same tasks (plus more) and unlike reFX, Image-Line don’t extort money from people by demanding settlements based on mere accusation.

  • Morpheus

    Now Seeding it (SUE ME) XD :D

    • SueEllen

      My name is Sue :D

      • ScrewEwe2

        My name is Sue too.

        Not really. It’s Bob.

        That’s a lie too. Ok, I’m really Gill Bates, Esquire.

        Well, that’s a fuckin’ lie too.

        Wesley Chastain the 3rd.? That will work for today I guess.

  • Who

    “As evidence reFX collected the IP-addresses of the file-sharers, and the company now hopes to get the identities of the subscribers linked to these accounts through a subpoena”

    were this the SHIT is the VIOLATION on the IPA?

    FUCK YOU AND YOUR BULL SHIT SCARE TACTICS!!

  • Who

    funny y does that photo look like its from the fucking 70′s? who the hell dresses like that now? but still there is something wrong with this post.

    • theonlyone

      It was taken from a potato 2.0 version

      • Who

        from a potato? any ways I asked some one about it and the photo is FAKE.

    • OptionalBob

      Bill Gates looks like a young Austin Powers on that photo. He was arrested when dancing on the streets to bossa nova music. Yeah, baby. Yeah !!!!

      :D

  • fuck reFX

    Fuck them. Anyway, seeding.

  • Asashii

    i am going to go out on a limb and say the photo is Bill Gates, no prize needed, just trivial knowledge of the world will suit me just fine!

  • Asashii

    oh yeah put your cursor over the pic and it say GATES

    • theonlyone

      I new I recognized that fag from somewhere!

  • vootann

    lol, in come the bottom feeding, blood sucking attorneys lol

    http://www.Anon-Day.tk

  • Chronoss2008

    so lesson might be here to actually pirate stuff people want as they seem i bet to be targeting moron seeders that seed anything that comes out…

    nice way to NOT have some advertising….

  • zuoduo
  • tonyj

    Just end up forcing pirates to increase their wi fi pirate infrastructure, already happening in the U.K.

  • Jbrasmith

    PEERBLOCK.

    GET IT

    KNOW IT

    LIVE BY IT

    1.2 Billion IP’s Blacklisted

    • Bukake

      Peerblock doesnt prevent them from catching you. My IP was listed in a case and I thought peerblock was good. Wrong!

  • My88waves

    It’s a GREED, with which we have agreed – most of us anyway. The next great evolutionary step will be preceded by our ability to share… everything

    wrt the VSTi – it’s a fav (among many), BUT wrt both ReFX and Tone2, what Markus Feil did with Gladiator – loaded their commercially sold program with malware set to begin infection upon finding blacklisted versions of software from both companies – behavior best described by AiR in their Gladiator 2.2 release:

    “NOTE TO Markus: you are tool, ppl may debate our ethics but WE DON’T infect and manipulate filesystems or registries, you’re no better than a virus developer in our opinion.”

    not to wax didantic, but developers might consider putting trial software (with a few outstanding patches) out for free, releasing the code in order to create a community of third-party developers – then sell, very very reasonably, packs. (give the phones away, sell the apps) If they host the ‘community’, they could request donations, etc.

    anyone?

    • Bananas

      The audio community owns their lifes to AiR team.

  • Pingback: First Software Maker Joins BitTorrent Lawsuit Bonanza | TorrentFreak | The Access Software Site

  • G_leggett

    Companies sue for cash when they’re too behind to innovate. A sure sign they’re desperate and going down. HA HA HA HA HA!

  • fuisui
  • Doug

    Wow! A company actually wants to get paid for a product they produce! All you kids on your parents’ computer are able to share your self righteousness because your parents got compensated for the work THEY did.

    • Fredrika

      > “Wow! A company actually wants to get paid for a product they produce!”

      You seem confused. No companies are paid for the products they produce? They are paid for the products they sell, —> sell <— being the key word.

      That's how entrepreneurship and the free market works, companies and entrepreneurs are paid for the products they sell. Do you have a problem with the free market and it’s basic rules? Are you advocating communism or a planned economy?

      > “..because your parents got compensated for the work THEY did.”

      The only persons that are paid for the work they did are employees. An entrepreneur trying to sell a product is not an employee, and can therefore never be paid for the work he did. Do you not understand this basic fundamental difference between entrepreneurship and employment?

      • OptionalBob

        Sharing food and money and donating to charity, is caring.

        Sharing cracked software and other intangible goods is only a way for modern kids to fulfill their fat egos. Go to the pirate bay and listen to the “sharing is caring” community spew their hate when their recently downloaded game won’t run as they expected on their outdated hardware. The same people rant “I might pay if they start making better games”.

        SWEDEN IS A SHIT COUNTRY AND YOU ARE A SWEDISH IDIOT.

    • OptionalBob

      Well spoken dude !!!! :D

  • Sofsip

    you can share this article on their facebook page

  • OptionalBob

    FACK !!!!

  • Odod

    this worlds lacks of appreciation rather than foods or money .. thats why the internet speed should around 10kbps per download .. just like me so i cannot download anything ,, :hammer: .. lol

  • Pingback: First Software Maker Joins BitTorrent Lawsuit Bonanza | TorrentFreak - Let You Know Everything

  • Eradonus

    I live in Missouri. Definitely just got one of these in the mail today. WTF?!

  • robbert3333

    i got a letter about this im one of the 172 they are hunting down… anyone know what might happen?

  • TresFin

    i literally just got a letter in the mail for like downloading it.. Apparently they have it file under “movie” and i didnt even download it.. I think they want $

  • 1SouthSide1

    Ok so I got a letter in the mail from these guys saying Comcast gave them my info and no I have to lawyer up.

  • BTGuard - BitTorrent Anonymously

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