IsoHunt Agrees To Shut Down And 'Pay' $110 Million
from the which-will-never-get-paid dept
Just this morning I'd been putting together a long and involved post highlighting how some of the MPAA's actions in the IsoHunt case raised serious questions about their overall strategy, but I now need to go back and revise and update that post as the news has come down that IsoHunt and the MPAA have "settled" the case with IsoHunt agreeing to "pay" $110 million and shut down. Of course, IsoHunt won't pay $110 million. In court recently, even the MPAA's lawyers admitted that IsoHunt would be dead if the court awarded as little as $2 million. But, the MPAA wants that bogus $110 million number to throw around, just as they wanted to toss around the $105 million that Limewire settled for a couple years ago.Of course, even if IsoHunt did pay that kind of money, how much would go to artists?
Unfortunately, there were many, many problems with the IsoHunt case in the first place. It was a clear case of bad facts making bad law -- or what Eric Goldman has referred to as the difference between real law and file sharing rule. It's clear, for example, that there was a tremendous amount of infringement done via IsoHunt. But there are serious questions about whether or not the liability for that should fall on IsoHunt as a torrent search engine. IsoHunt remains really the only significant case where the court has accepted Hollywood's bizarre interpretation of "red flag knowledge" in copyright infringement. And, really, that's why the MPAA wanted so damn badly to get this case finished without an appeal.
Now, unfortunately, the MPAA can continue to point to the rulings in IsoHunt, including many of the more problematic claims around inducement liability and red flag knowledge, knowing that they can't be directly challenged in that case any more. You can understand why IsoHunt settled. The company had already lost the key fights, and it was going to get hit with a giant sum to pay no matter what -- clearly more than it could ever pay. So why go through the process of continuing the court fight, when a settlement just gets it over and done with? At that point, the quibble is just about what bogus number the MPAA gets to lead the press release with, and $110 million was apparently the winning ticket. It wouldn't have made a difference if it was $1.1 million or $1.1 billion, the result is basically the same.
Amusingly, Chris Dodd is out there claiming that this is some sort of victory for innovation:
"Today’s settlement is a major step forward in realizing the enormous potential of the Internet as a platform for legitimate commerce and innovation,” said former Sen. Chris Dodd, chairman and chief executive of the MPAA. “It also sends a strong message that those who build businesses around encouraging, enabling, and helping others to commit copyright infringement are themselves infringers, and will be held accountable for their illegal actions.”Of course, it does nothing of the sort. If the shutting down of Napster, Grokster, Aimster and Limewire failed to make that point, why will IsoHunt's shutdown and unpayable fine make that point any stronger? Either way, I'll have a bit more on this case soon, once I've had a chance to rewrite that other post in light of this latest turn of events.
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Filed Under: copyright, gary fung, inducement, red flag knowledge, settlement
Companies: columbia studios, isohunt, mpaa
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I'm happy they won't be giving anymore ammo to them, but I'm sad to see them end like this.
Farewell ISOHunt :(
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On another planet
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Just another reason...
I used Isohunt to get stuff that was no longer available anywhere.
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Seriously, there are hundreds more sites to take its place.
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Re: On another planet
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Actions for Creators
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IsoHunt never had ANY products except stolen!
But will Mistaken Mike or the pirates learn anything from this? That "monetizing" other people's property isn't permitted? -- HELL NO! Mike mentions Napster and others as if a string of horrible mistakes for copyright owners, when in fact, it's the ONLY possible action that can be taken against STEALING OF CONTENT.
Actual user testimonial: Techdirt helps me think clearly because provides an obviously wrong reference point.
08:22:16[j-485-7]
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The MPAA should pay taxes on that $110 million
I'd say a net loss of $36.5 million (at the 35% tax rate on US corporations, even if the MPAA isn't technically a corporation) would be a fair trade for the IsoHunt ruling, now wouldn't you?
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@ "Of course, even if IsoHunt did pay that kind of money, how much would go to artists?"
How can you even write that, when you know perfectly well than IsoHunt TOTALLY GRIFTED, never paid a cent for the products it was effectively selling?
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Re: IsoHunt never had ANY products except stolen!
Since apparently these illegal pirate sites make bajillions of dollars.
Piracy is not the problem, it's the fact the industry is spending more time on lawsuits than bothering with innovating the pirating sites out of existance.
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Re: The MPAA should pay taxes on that $110 million
I'd say a net loss of $36.5 million (at the 35% tax rate on US corporations, even if the MPAA isn't technically a corporation) would be a fair trade for the IsoHunt ruling, now wouldn't you?
NO, I wouldn't. But I WOULD say, taking off on your creative taxing idea, that you pirates should pay taxes on the value of the content that you've been getting for free. Particularly as it's a form of unearned income.
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Re: IsoHunt never had ANY products except stolen!
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Re: @ "Of course, even if IsoHunt did pay that kind of money, how much would go to artists?"
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Re: IsoHunt never had ANY products except stolen!
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Re: IsoHunt never had ANY products except stolen!
Examples of this include the iPod, the Samsung Galaxy series, games consoles from the mid-90s.
The MPAA is the opposite of this.
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Re: Re: The MPAA should pay taxes on that $110 million
Sealed inside a legal trap, so tight blood don't leak
A contract with the devil for a life of disdain
See me in the limelight, an indentured slave.
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Re: Re: IsoHunt never had ANY products except stolen!
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Re: Re: The MPAA should pay taxes on that $110 million
/sarcmarc
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Re: Re: The MPAA should pay taxes on that $110 million
There it is... the magic "value" word, which answers all your questions:
- The "value" of a bucket o' bits is inherently nil.
- The "value" of the content is assigned by the consumer; if it's not something you ever would have paid for, but you downloaded it anyway, the value = "curiosity" = nil.
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Re: @ "Of course, even if IsoHunt did pay that kind of money, how much would go to artists?"
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Re: Re: IsoHunt never had ANY products except stolen!
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Re: Re: The MPAA should pay taxes on that $110 million
If they want to insist that the penalties for piracy and infringement should be hundreds or thousands of times higher then the actual damage, then why shouldn't we give them some incentive to be more realistic by taxing the income they 'earn' through these lawsuits?
Maybe then the MPAA and others would realize just how absurd some of the anti-piracy laws and their penalties are.
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Enjoy your hydra hunt, MPAA
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Hooray!
So get over your lies. Get over your horsemanure about it being about "sharing". Companies like this are just designed to take whatever they can while refusing to share any of the profits with the people who do the creating.
And they weren't just ripping off the artists, writers, and creators, they were ripping off suckers like you. They got that $5m+ from the pockets of the fools at web sites like this, the fools who believed their bogus claims. And you suckers paid it because you've been brainwashed by the horsemanure coming out of the piracy apologists.
I'm going to go have a nice glass of champagne-- a glass I bought and paid for with money I earned in legal trade. You guys can go suck some lemons.
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Re: @ "Of course, even if IsoHunt did pay that kind of money, how much would go to artists?"
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Re: On another planet
One day when you get a real job and you get hit by thieves, you'll understand.
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Re: Re: IsoHunt never had ANY products except stolen!
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Re: Re: On another planet
One day when you get a real job and you get hit by thieves, you'll understand.
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Re: Re: Re: On another planet
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Re: Re: On another planet
Thanks for sharing your last two IQ points with us.
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Re: Re: @ "Of course, even if IsoHunt did pay that kind of money, how much would go to artists?"
Because Star Wars never made any money, you see. That's how Hollywood Accounting™ works.
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Re: Re: Re: IsoHunt never had ANY products except stolen!
A whole two seconds of thought by any normal person would conclude with the realization that the service issue has not been solved. It's barely been addressed.
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Re: Hooray!
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Re:
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Re: Enjoy your hydra hunt, MPAA
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Re: Re: Re: On another planet
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Re: Re: Re: Re: On another planet
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Re: Re: Re: Re: IsoHunt never had ANY products except stolen!
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And of course you can find practically any torrent out there very easily with their search engine.
Thanks for the good fight isohunt
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I'll bet your personal hero, Kim Dotcom could (and will) pay a pretty hefty sum. Why should the ability to pay rather than the damages affect the amount?
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Re: Re: On another planet
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Re: Hooray!
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Re: Re: On another planet
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Re: Re: Re: Re: On another planet
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Re: Re: Enjoy your hydra hunt, MPAA
When Napster was shutdown did it deter piracy. NO
When Limewire shutdown did it deter piracy. NO
When Megaupload shutdown did it deter piracy. NO
Now that IsoHunt is going to be shutdown will it deter piracy. NO
All those shutdowns (even if the MPAA considers them to be a major win) hasn't detered piracy so piracy is still winning.
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Re: Re: Re: Re: Re: IsoHunt never had ANY products except stolen!
When i tried using Netflix before, I got serious slowdown issues that barely allowed it to run.
Conversely, when I use bittorrent to get shows that aren't for sale and not available anywhere, I can get that stuff pretty quickly, all things considered.
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Sure the Motion Picture Ass. of America shown them pirates, how things are done.
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Re: Hooray!
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Re:
a) Damages can't be shown, the Motion Picture Ass. of America even says so themselves that they can't prove any damages or even if they happen, they just assume it does.
b) Deterrence should be the least harsh possible, it should be harsh enough to cause pain, but not to harsh as to make others numb to it. If nobody can't pay or see a way out, why care?
c) When people perceive their lifes as having nothing to lose they stop caring, banks took their homes, outsourcing took their jobs, many have in their minds nothing to lose at the moment, what a million dollars would cause to them? they can't afford it anyways and probably never will why bother caring, what else can you take from them?
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Re: Re: Enjoy your hydra hunt, MPAA
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Re: Re: Re: Re: Re: IsoHunt never had ANY products except stolen!
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Re: Hooray!
They won't let us make lemonade anymore, so we don't have much choice. You, on the other hand, would drink champagne even if prohibition was in effect.
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Re: Re: Re: IsoHunt never had ANY products except stolen!
if i want an old psx game is torrent because there is no recourse to buy because oh surprise copyright issues (i am looking at you blood omen)
if i want to see daria in their original format is torrenting because licensing made a nightmare to get the original songs
now recently in another topic it showed there was a tv show for free in the owner page it was the most torrented tv show
some people like to get something cheap i dont deny this most will sacrifice price for convenience
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Re: Hooray!
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bad defendant, bad rulings
These are the sorts of people (along with class clowns like Tenenbaum) who end up setting the precedent type cases that are used to convict others. He has pretty much single handedly set all of the caselaw which makes it clear that it's all pretty much infringing and all pretty much subject to legal action. After IsoHunt, it's pretty much a fool's adventure to open a torrent site based in the US.
Kim DotFat must hate this guy too, because if Kim ends up in a US court, every one of the rulings in the ISO case will come back to haunt him.
This guy should have folded his tent years ago and avoided court. He hasn't helped anyone, not even himself.
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SO them closing down and OFFERING that amount as a FINE (not a payment) then ISOHunt was fully aware they were screwed, they knew their legal arguments were are failure.
The chose to close down and accept a $110 mill fine.
Should they not be able to pay that fine, they should be able to do prison time instead.
That's what happens if you cant afford your large speeding fines, you can go to jail for a period.
Yet another massive blow to freetards the world over, and another nail in Masnick's 'legal opinions' reputation.
Mr Masnick are you one of the "hundreds of people" who will just start up another 'company/scam' like this ?
So would you be standing up setting up a ISOhunt ? Mr Masnick?
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Re: bad defendant, bad rulings
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Re: bad defendant, bad rulings
Or are your words just horse shite?
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Re: Re: Hooray!
A fact is something that is, without context. "I weight 180 lbs." is a fact. "I'm fat." is NOT a fact, it is an opinion. Saying "I weight 180 lbs., and am therefore fat" is still an opinion because it has a conclusion. Logical analysis can only be considered a fact when all possible variables are considered, which is why almost all logic outside of basic math is ultimately an opinion or hypothesis.
Which is a fancy way of saying that not one of the posts here, including this one, is a fact. It's all opinion.
For the rest I recommend researching what the word "fallacy" means. Learning is fun!
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Re:
Or are you suggesting that Phoenix Wright is a real person?
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Re: ISOHunt? What's that?
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Re: Re: Re: Re: Re: On another planet
It cost nothing for you to grant his that free licence, yet you claim that if he copied without having you permission first then it would have cost you something tangible.
This is why you will never win this argument. You pick and choose your argument at random depending on whether you agree with something or not.
"Now if you did the same thing with something more substantial"
Define "substantial". No, a larger number of 0s and 1s in an order that happen to combine into a media file does not make something "sustantial".
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Re: Re: Re: Re: Re: IsoHunt never had ANY products except stolen!
Yes, it is. HOWEVER, the morons who you worship make life extremely difficult for them. They won't licence new content to Netflix for streaming, and keep revoking rights on catalogue content, forcing it to be removed. They won't licence anything to Netflix for streaming to half the countries on the planet. Some studios refuse to licence any content at all.
Yes Netflix is easier than piracy when the content is available. But due purely to the actions of your favourite industry, that choice is not there for all content. So torrenting is often the easiest method available for content that's not on Netflix.
Why is this basic fact so difficult for you to grasp?
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How about not take others work?
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m
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Re: How about not take others work?
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Re:
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Re: Re: Re: Re: Re: IsoHunt never had ANY products except stolen!
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Re: Re: Re: @ "Of course, even if IsoHunt did pay that kind of money, how much would go to artists?"
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Idiots
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Re:
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Re: Re: Re: Hooray!
Lemme learn you sumthin'. ;) There can be NO SUCH THING as "fact", if that were to be defined as "being without context". How do you suppose something (or anything) could "just be", if there were no context it were to "exist" inside?
"I weight 180 lbs." is indeed NOT a "fact", but merely an OBSERVATION, ...made by a human being, at a specific geographical location on planet earth, using a scale defined by human beings, ...most of whom feel, btw., that it's a brilliant idea to support a belief-system in which universal "constants" actually should exist independently of context (an idealistic "idea" science has confounded decades ago).
So there it is: Subtract the context from that (or any other) statement and what remains is nothing but NOISE (something that looks like "information", but has NO MEANING at all). :D
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Re: Re:
In case you didn't know, some of us(myself included) get by just fine with what non-major label, non-big studio people/companies produce, and are more than willing to throw money at them, while at the same time avoiding like the plague anything the *AA's put out, due to their atrocious business practices and actions.
If, should enough people do this, the current studios die off due to lack of funding(though given apparently none of their films ever make a profit, I'm surprised it hasn't happened already), so what, there will always be someone else willing to step in and take their place, and maybe the replacements will have a little more respect for their customers.
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Re: Idiots
They could easily set up a service that would absolutely decimate piracy rates, by offering people the opportunity to pay say a reasonable rate to be able to watch/listen to any of the movies/songs they've made(not just the handful they are willing to license out), on any device, at any time, in any country(so none of that 'this song/movie is unavailable in your region' crap), with no DRM to get in the way.
Sure you'd have people who would just pay for a month's worth, download a ton and then never pay again, but even then they'd have paid where otherwise they wouldn't have, and the amount of people who would be willing to jump ship from the hassle of pirating to a service like that would drop piracy rates like mad, as well as bringing in an absolute ton of new revenue and customers.
However, the conditions listed above to make such a service work would take far too much control out of their hands(no 'windowed releases', no region-locked special releases, etc.), which is something they consider to be far more important to any amount of profit, despite how foolish such thinking is.
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Re: Re: Re: Re: Re: Re: IsoHunt never had ANY products except stolen!
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Re: Re: Idiots
Funny, I don't hear a lot of people in the US crying about the lack of availability of foreign films. Maybe you people should consider developing a film/television industry that actually produces something your own countrymen want to watch. With the possible exception of England, the rest of the world is an utter flop when it comes to creating quality motion picture and television.
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Re: Re: Re: Idiots
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Chris Dodd Who ??
them as soon as immediately. Dodd is, and has
always been a cheap, disgusting little JERK.
If Chris Dodd has EVER done anything one-tenth
as complicated as ISOHUNT, somebody please tell me.
Dodd, you can go back to bed, now.
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Re: Re: Re: Idiots
Sorry, you were saying?
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Re: @
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laughable
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What's next?
You'd play it back inside your mind -- you'd re-live the work.
So what's the damned difference? It's only information -- transient, finite, fleeting and intangible. You derive no permanent benefit from it, it's less tangible than vapor.
Those bastards are selling us MEMORIES!
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Re: Re: Re: Re: Hooray!
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Re: Re: On another planet
And for as much money as the "artists" in Hollywood demand for making a movie, and as much as the staff gets paid, the lawsuit is a joke. I work harder raising my child to be a successful, independent, respectful young lady than all of them do making a stupid movie or show. I won't go to the movies. I won't buy movies. I don't watch tv. Why should I, or anyone else, put money in their pocket when they don't give a damn about the people who actually pay them--the public that pays to watch their stuff?
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Re: Re: Re: Re: Re: Re: Re: IsoHunt never had ANY products except stolen!
"Do you foreigners have so little pride and worthwhile culture that you can't live without American content?"
Are you so stupid and ill informed that you don't know how much FOREIGN content Netflix offers to xenophobic morons like yourself? Maybe you should educate yourself. Does the fact that British, Asian and European content is available on US Netflix mean you have no pride or culture? Well, considering the number of foreign properties you insist on remaking, maybe there's a point you're trying to avoid admitting there...
"Or immerse yourself in the garbage that comes out of Nigeria or Bollywood."
So, in your world only American and Nollywood/Bollywood content exists? You probably are that ignorant.
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Re: Re: Re: Idiots
You move in the wrong circles - I hear it all the time. The bitching about the Weinsteins' treatment of the upcoming Korean movie Snowpiercer (which will be cut to ribbons for its US release but the original will not be officially available in the US), for the first high profile example that comes to mind.
"the rest of the world is an utter flop when it comes to creating quality motion picture and television."
Define "quality". Are you really claiming that Honey Boo Boo, Duck Dynasty and Grown Ups 2 are the pinnacle of media achievement?
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hello
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