Even a cursory search on YouTube now turns up thousands of Kodi addon and IPTV-focused channels, each vying to become the ultimate location for the latest and hottest piracy tips. While these videos don’t appear to be a priority for copyright holders, a channel operator in Brazil has just discovered that they aren’t without consequences.
The case involves Marcelo Otto Nascimento, the operator of YouTube channel Café Tecnológico. It began, strangely, with videos about baking bread but later experimented with videos on technological topics including observations on streaming content without paying for it.
In time, this attracted the negative attention of local TV industry group Associação Brasileira de Televisões por Assinatura (Brazilian Association of Television By Signature / ABTA). The group eventually took legal action, complaining about the nature of Nascimento’s YouTube and Facebook pages.
ABTA told the court that Nascimento had been posting tutorials that “encourage the use of equipment and applications designed to allow access to services and content” of its members, despite that content being protected by copyright. The trade group called for the removal of the content, an injunction against Nascimento, an apology, plus compensation for “material and moral damages.”
In his defense, Nascimento said that he merely comments on IPTV systems, does not breach copyright, doesn’t represent unfair competition, and did not cause the TV companies to incur any losses. Overall, Judge Fernando Henrique de Oliveira Biolcati did not agree with his assertions.
“[T]he plain intention of the defendant was to guide users in order for them to obtain access to the restricted content of the applicant’s associates….while gaining advantages for this, especially via remuneration from the providers of the mentioned applications (YouTube and Facebook), proportional to the volumes of visitors,” the Judge wrote in his ruling.
“This is not a question of mere disinterested comments, in the exercise of freedom of expression,” he added.
As a result, Nascimento was ordered to remove all of his online content that could be deemed instructional for pirates, in order to protect the interests of ABTA’s members and their ability to earn revenue from their content. In addition, the channel operator was forbidden from publishing any more videos of a similar nature.
On top, Nascimento must now pay the copyright holders for material damages, yet to be determined, measured from the posting of the first ‘pirate’ tutorial until such a date when all of the tutorials have been removed.
In a statement, ABTA said that following this conviction, more people could fall under the spotlight.
“ABTA is also monitoring the activities of other channels on YouTube and on social networks that publish illegal content such as channel lists, movies and ‘free’ access TV series, as well as tutorials and comparisons of devices or applications intended for illicit use (such as Megabox, HtvBox, Kodi, Dejavu, IPTV, ITVGo, etc.),” the group said.
Meanwhile, Nascimento says that he would’ve taken the videos down if only ABTA had asked him to. He will be appealing the decision, claiming that the videos did not teach people about piracy, they only demonstrated functionality. YouTube declined to comment.
Update: Following publication, a spokesperson for TVAddons – which has previously published instructional videos for Kodi – commented to TorrentFreak on the apparent urgency to take this matter to court, rather than handle via YouTube’s established complaints procedure.
“Taking the matter to courts rather than going through YouTube’s takedown system is part of an increasing pattern of legal bullying in the realm of intellectual property enforcement. Fighting a lawsuit against a major corporation can cost more than buying a house, it’s not a fair playing field for your average individual,” he said.