Hotfile Strikes Back and Countersues Warner Bros.
Hotfile.com which has been the subject of a lawsuit from Warner Bros. and other movie studios since the beginning of this year has turned the tables in a filing yesterday.
In a counterclaim against Warner Bros., Hotfile is claiming Warner Bros. violated the Digital Millennium Copyright Act.
We must caution that like the complaint against Hotfile, nothing in the countersuit has been deemed to be true – they are just allegations.
The allegations here are particularly unique when looking at these copyright claims. According to the counterclaim, Hotfile gave Warner Bros. unfettered access to delete files it concluded violated its copyrights. Instead of researching which files violated these copyrights (by downloading them and viewing them) or even examining the names of the files, Warner Bros. abused the privilege (and violated the DMCA) by recklessly deleting files that were not the subject of Warner Bros.’ copyrights. As a result, Hotfile contends that Warner Bros. violated the DMCA, committed a business tort and was negligent.
I should also add, a countersuit does not negate the allegations by the Plaintiffs (including Warner Bros.) against Hotfile. If Hotfile violated Plaintiffs’ copyrights, that is not changed by this countersuit.
We will monitor this case for more developments.