California Federal District Court Awards Cinesamples LLC $379,050 in Digital Piracy Suit

Film Music Magazine • March 14, 2012

Los Angeles. On March 9, 2012, in a judgment given by Federal District Court Judge Dolly M. Gee of the U.S. District Court of Central California, Cinesamples LLC, a California corporation specializing in creating and marketing virtual sample libraries for film/TV/game production, was awarded $379,050 in damages and lost profits plus attorney fees against Pablo Vargas Casas, a resident of Chile, on three causes of action: violation of the DMCA (Digital Millennium Copyright Act), copyright infringement, and breach of contract.

According to the Court’s civil minutes, in June 2011, Mr. Casas, “used Internet discussion boards to organize a group purchase of a single license for the CineBrass software library.” On June 15, 2011, Mr. Casas purchased for download the CineBrass library for $399 U.S.D. at which point Mr. Vargas agreed to a software licensing agreement.

After downloading the CineBrass program, Mr. Casas altered the software housing the CineBrass sample library, the Native Instruments Kontakt player, which then permitted unlicensed versions of the software to be distributed to multiple users. Mr. Casas then uploaded both the “cracked” Kontakt software and the complete CineBrass library to several illicit file sharing web sites, resulting in approximately 950 potential purchasers and unlicensed users downloading the library.

According to his Linked In profile, Mr. Casas lists as his skills, Scripts Programming Platform Native Instruments Kontakt 4. He attended Universidad Autónoma de Temuco from 2008-2011, and the Universidad de Los Lagos from 1995-1999. Mr. Casas lists himself as the proprietor of iCeSamples [http://www.icesamples.com/products/]. He is 39.

According to his Facebook profile [https://www.facebook.com/PabloVargas72], Mr. Casas has done work for the Orquesta Barcelona.

Because Mr. Casas did not appear in court to defend himself, Judge Gee awarded Cinesamples with a default judgment based on the list price of the program times the number of downloads. Court minutes did not state which Internet discussion boards Mr. Vargas posted to.

Under Terms and Conditions on his own web site, Ice Samples, Mr. Casas, also a virtual sample library developer, states that, “Only the original purchaser has the right to use the sound samples. This means you cannot sell or give the sounds to anyone else.”

To help PayPal prevent credit card fraud, Mr. Casas only accepts payments from verified PayPal users.

Source: www.soniccontrol.tv

Comments

By Krystof Srebrakowski on March 28th, 2012 at 9:08 am

I completely agree with the lawsuit. 100 per cent. I am an AFM musician / pianist myself, and use sample libraries for my show productions ( including CineSamples). I can not even imagine doing some type of cheating on designers, breaching the contract, making crack copies, and posting it on illicit file sharing web sites etc. People that create these libraries are musicians themselves !! Shame on Casas and the like all over the internet.

By A. Childs on May 29th, 2012 at 11:08 am

Right on. CineSamples hired top players under a Union contract. Check out their “Hollywood Scoring” video at cinesamples.com. Glad that the court ruled properly against Sr. Casas for stealing their music.

By Henrique Rodriguez on September 2nd, 2015 at 1:01 am

Good to see a pirate (and hypocrite) brought to justice. Unfortunately punitive measures seem to be the only way to deter internet copyright infringement – you can appeal to peoples’ conscience and ask them not to do it, but there will always be some who do. As with freedom of speech, freedom of access has its limits.

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