London-based DataCamp enables rights-infringing video delivery to US consumers, says a complaint filed in US District Court by DISH Network, according to the International Broadcaster Coalition Against Piracy (IBCAP).
The complaint asserts that DataCamp “materially assists” in delivery of infringing content, including channels that are exclusively licensed to DISH; by transcoding, providing end-to-end delivery, load-balancing and caching; and by concealing the identities and IP addresses of the infringing operators. It also notes that DataCamp “offers the Pirate Services security solutions such as ‘Secure Token’ and ‘built-in DRM’ to shield the Works from ‘unwanted attention.'”
The infringing operators identified in the complaint as being facilitated by DataCamp are Banjo TV; Bollywood IPTV; Comstar TV; Express IPTV; Gennie TV; Gold TV; IPGuys; Istar; Red IPTV; Sky IPTV; and Zumm TV, which deliver about 40 channels of TV programming illegally.
The suit appears justified
According to the lawsuit, DataCamp has been distributing infringing services on a 24/7 basis for “several years,: and therefore estimates that it has infringed “over a million hours of DISH’s copyrighted programming.”
Beginning in 2017 and extending through 2021, DataCamp has been served with more than 400 separate notices but has not responded in a timely manner to remove or disable the infringing services, and has no repeat infringer policy. DataCamp is also alleged to avoid liability by having no DMCA agent to receive infringement notices.
DISH felt justified in filing the suit in Illinois because DataCamp operates data centers there (and in multiple other US states), under tradenames that include CDN77 and Datapacket. In fact, DataCamp runs data centers nationwide and promotes its services to consumers via Google, Facebook, LinkedIn and Twitter.
What DISH is asking for
The lawsuit asks for statutory damages of up to $150,000 per infringing instance, for 217 registered works – totaling about $32.5 million, plus profits realized from distributing unregistered works. It also ask for termination of DataCamp’s ability to continue infringing distribution of channels named in the complaint or any of their respective programming, termination of the accounts providing pirate services, and implement policies to terminate infringing distribution once notified.
Read the IBCAP news release, Feb 25, 2022
Read the complaint against Datacamp (US District Court for the Northern District of Illinois, Case No. 1:22-cv-00993)
Why it matters
Datacamp had been given ample notice and opportunity to take down the infringing services, but has not acted to do so. Instead, it appears that Datacamp has acted to obfuscate infringing services and avoid accountability by not responding to requests, or even providing the contact point for filing complaints that would prompt Datacamp to take corrective action.
IBCAP is a coalition of leading international broadcasters and distributors representing more than 150 television channels from Asia, Europe, the Middle East, and South America. Most member companies are internationally-based media companies that distribute premium programming into the United States, which seek to ensure that content reaches consumers through legitimate channels of distribution. IBCAP announced that BBC Studios joined IBCAP in February.