Judge dismisses Triller’s lawsuit against pirate streaming site ‘Jake Paul’ * TorrentFreak

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Triller’s legal campaign against sites that allegedly broadcast the Jake Paul vs. Ben Askren boxing match last April suffered another setback. The alleged pirate streaming site Online2LiveStream has been sued twice by the developer, but like the first dismissal, a court dismissed the second case after Triller failed to comply with court orders.

After eight months, Triller’s legal campaign against sites that allegedly broadcast the Jake Paul vs. Ben Askren boxing match on April 17 is still ongoing.

Named in his initial $ 100 million lawsuit and described as “cybercriminals,” one of Triller’s first targets was the operators of Online2LiveStreams.us. The platform has been accused of diverting 2,000,000 of the stream from Triller’s legal services.

The case did not go well with all but one of the defendants (FilmDaily.co – a case which is still pending) later dismissed by a judge who found the trial too broad. A month later, Triller responded by filing individual lawsuits against some of the previously fired defendants. Among them were Robiul Awal, alleged operator of Online2LiveStreams.us, and ten accused deer.

Triller’s lawsuit alleged copyright infringement, copyright infringement by proxy, violations of federal communications law, conversion, and violation of computer fraud and abuse law. The lawsuit also included an allegation of false advertising after Online2LiveStream turned into a scam site, offering events in exchange for credit card details, but not delivering them.

Court warns case could be dismissed

On August 30, 2021, three months after the last case was filed, a California district court ordered Triller to explain why the case should not be dismissed due to the plaintiff’s failure to properly serve the defendant.

“[F]Failure to respond in a timely or adequate manner to this order may result in the action being dismissed without further warning, ”the order states.

Triller informed the court that he had encountered problems serving the defendant as they believed he resided in Bangladesh. As a result, Triller had contacted a third-party vendor for assistance and otherwise “was making a good faith effort” to perform the service.

On September 17, the court issued an order directing Triller to file either proof of service or a progress report by December 17, 2021. That date has come and passed but Triller has remained silent.

Insufficient due diligence – Court dismisses case

In an order dated December 21, 2021, U.S. District Judge Otis D. Wright, II explained that despite his instructions, Triller did not comply with the court’s demands.

“As of today, and although he has had four months to do so, the Applicant has not filed proof of service or any other response to the court order of September 17, 2021. Thus, although the case has been open for more than six months, the court remains without any indication that the plaintiff served the defendant or that the plaintiff made significant and timely efforts to serve the defendant, ”the order reads.

“The plaintiff was warned that failure to complete service and comply with court orders would result in dismissal of the case, and the plaintiff did not provide the court with an update regarding service as ordered. . “

Noting that the standard of due diligence and rejection factors support dismissing the case, the judge did just that.

“Resolution on the merits is not possible due to the plaintiff’s failure to serve the defendant, and the seven-month period without service increases the risk of harm to the defendant,” Judge Otis Wright noted.

“In these circumstances, the Court finds that the plaintiff did not exercise sufficient due diligence, and the dismissal of the action without prejudice is justified.”

Since the case has been closed without prejudice, it can be reclassified, albeit for a third time. But, given the difficulties in serving the accused the first time around, it seems reasonable to conclude that the job will not have gotten easier over time and that he is unlikely to return from the dead.

The order can be found here (pdf)


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