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Press Release – NC Lawsuit Against YouTube

In2Focus Films, Inc. et al. (In2Focus) filed a counterclaim in federal court on June 5, 2009, against Champboat Racing, LLC (Champboat), as well as asserted claims against numerous other parties including: Michael Schriefer, owner of Champboat Racing; Speedway Group, Inc. (Speedway), which is affiliated with Schriefer and Champboat; Seebold Racing, Inc. (Seebold), which is affiliated with Seebold Sports, Inc. and Tim Seebold, a driver in the F1 Champboat Racing Series; Amsoil, Inc. (Amsoil), the 2009 F1 Champboat Racing Series Sponsor; Singha International, Inc. (Singha), a Thailand-based sponsor of the F1 Champboat Racing Series; and Youtube, Inc. (Youtube).

After violating several contractual agreements, ChampBoat distributed In2Focus’s copyrighted video without permission. When In2Focus demanded the removal of these copyright protected video clips, ChampBoat sued In2Focus for tortious interference of contract, among other things. During the law suit, ChampBoat admitted that all multimedia works were owned by In2Focus. The counterclaim alleges that ChampBoat never received payment for the vast majority
of the work performed, due in part to at least one check bouncing due to insufficient funds. The Third Parties published, distributed, and hosted unauthorized copies of In2Focus’s videos.

YouTube, often used as a host for illegal copies of popular videos, provides a streamlined process for content owners to request that videos be taken down. Yet, according to In2Focus, YouTube failed to remove all infringing videos despite notification. In2Focus further claims that Seebold, Amsoil, Singha, and ChampBoat all posted In2Focus’s videos to their web sites knowing that the videos were owned by In2Focus and that their posting of the videos was in violation of In2Focus’s
copyrights.

In2Focus seeks to recover outstanding payments in excess of $100,000 for creative works performed during the 2008 F1 Champboat Racing Series, as well as recovery of actual damages associated with the infringement. The damages include reasonable attorneys’ fees incurred in defending the original suit filed by Champboat. A trial date has not yet been set. In2Focus is represented by the law firm of Bambi Faivre Walters, PC. Champboat is represented by The Bray Law Firm.

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