Don’t Believe Nitro IPTV’s “Lies”, We Need Access To Their Millions, According To Hollywood * TorrentFreak
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Members of the Alliance for Creativity and Entertainment have filed a scathing response following Nitro TV’s attempt to have the lawsuit against it dismissed. By using words like “lies” and “laughable,” ACE members are redoubling their efforts, demanding information that will help them access millions of dollars in revenue generated by the pirate service IPTV.
In April 2020, members of the Alliance for Creativity and Entertainment, including Columbia, Amazon, Disney, Paramount, Warner and Universal, filed a lawsuit in the United States against the operators of Nitro TV.
Together, they alleged that the pirate platform, run by Alejandro “Alex” Galindo, had engaged in a “massive and flagrant violation” of their copyrighted works, including the hit TV show. The Office and movies such as Joker.
A May 2020 injunction prevented the service from functioning, but Galindo was reportedly uncooperative in the discovery process and was accused of destroying evidence, for which the studios have asked for monetary penalties.
Nitro TV: the court should dismiss the case
At the end of last month, Galindo’s lawyer told the court that the reason his client refused to answer questions was because he feared the end of the game for studios could be a criminal prosecution.
In the meantime, the studios are still trying to serve Martha Galindo (Alejandro Galindo’s mother) since she would have played a major role in the finances of Operation Nitro. Failure to serve Martha is clearly a key issue for the studios, but the resulting delays in the case are also cited by Alejandro as a reason to dismiss the case altogether.
Unsurprisingly, the studios are now taking a totally opposite position.
Untimely and frivolous opposition containing “outright lies”
In their quest to serve Martha with their second amended complaint, the studios have asked the court for leave to serve in other ways. Alejandro opposed the request, but according to the plaintiffs, this submission is flawed, in particular because it contains, among other things, “outright lies”.
The studios say Alejandro’s claim that their work in Martha’s service is slowing the case down is incorrect. In fact, if anyone is to blame for this obstacle, it is him.
“The defendant seems to take a position throughout his [opposition] that the applicants’ request for leave to serve Martha Galindo by other means “causing unreasonable delay”. It is incorrect and frankly laughable given the file, ”they inform the court.
“The defendant conveniently fails to acknowledge that the plaintiffs asked him for Martha Galindo’s address through questioning in order to serve her, but he declined to provide this information.”
In addition to withholding this information, the studios claim that Alejandro did not produce any documents in response to the requests, did not provide question marks and then pleaded for the Fifth Amendment to avoid answering their questions.
“If the defendant wants this case to move faster, he can provide any findings requested by the plaintiffs,” they add.
The importance of serving Martha Galindo
While it appears that Alejandro was the head of the Nitro TV service, the importance of serving Martha Galindo becomes evident when examining the studios’ assessment of her role in the operation. In short, Martha managed the money and in common with any civil action of this type, the studios finally want to get their hands on it.
According to the film and television companies, third-party subpoenas revealed that more than $ 7 million in sales of Nitro TV subscriptions and reseller credits were made through accounts held in Martha’s name. These accounts were also used to pay for streaming servers and other infrastructure necessary for the operation of the Nitro TV service.
It should also be noted that the accounts were used to make payments to a company that made large sums to promote and market the Nitro TV service.
Firestream LLC is reportedly operated by Veronica Orellana, wife of Raul Orellana, better known online as YouTuber “Touchtone”. According to the plaintiffs, he received more than half a million dollars to market Nitro TV to the masses. Raul and Firestream LLC are both named defendants in the ACE lawsuit.
Alejandro tries to prevent access to millions
In summary, the studios believe that Alejandro’s refusal to cooperate is aimed, at least in part, at preventing the studios from accessing the money generated by Nitro TV.
“So it’s clear that Martha Galindo is not only deeply involved in Nitro TV, but also has substantial amounts of revenue derived from the infringing Nitro TV business in her accounts. Therefore, for the plaintiffs to obtain full redress, they must be able to bring Martha Galindo into this case so that it can be submitted to the final judgment rendered by this Court, ”they write.
“There is no doubt that [Alejandro] opposes the plaintiff’s request for the same reason in order to prevent the plaintiffs from accessing Nitro TV’s money. It is for this same reason that the Respondent did not provide Martha Galindo’s address in response to the Applicants’ discovery requests.
As a result, the studios are asking the court to allow them to serve Martha in other ways. There is a suggestion that it could now be located in Mexico, so the proposals include an e-mail service, a service through the lawyer of Alejandro Galindo (who had previously refused such a request), a letter to a address identified in Texas and via a Facebook message.
The studios’ response to the court is available here (pdf)