2 Attachment(s)
Brazil Advances Criminal Prosecution of American Yout.com Operator
Popular stream-ripping site Yout.com has failed to have a criminal copyright complaint dismissed in Brazil. The prosecution will be allowed to continue its copyright claim against the American operator of the site, who faces a potential prison sentence. The court notes that the defense has strong arguments, but the burden of proof is low at this stage, so the case will proceed.
Over the past few years, stream-ripping service Yout.com has fought legal battles on several continents.
The most prominent lawsuit was filed by the site’s operator, American developer Johnathan Nader, who took the RIAA to court in an attempt to have the site declared legal.
Criminal Prosecution
The RIAA case is still under appeal and Yout.com remains available in most countries. Not in Brazil, however, as the site was effectively blocked several years ago after the Public Prosecutor’s Office of São Paulo, Brazil, filed a criminal complaint.
As part of the criminal proceeding, Yout.com was preemptively blocked by Brazilian ISPs. Unsurprisingly, this made the site’s traffic in the country tank. Perhaps even more concerning is a looming criminal sentence for the site’s American operator.
Nader doesn’t believe that his site is illegal, but if a Brazilian criminal court decides otherwise, criminal copyright infringement can result in a prison sentence of up to four years. Despite this pressure, Nader continues to stand behind the site.
Deal Rejected
In 2022, the prosecution offered Yout.com a way out in the form of a deal. In exchange for reaching an agreement on several predetermined terms, the public prosecutor was willing to suspend the criminal prosecution. This would come at a cost, however.
Under the proposed terms, Yout’s operator would have to pay the authorities 1.9 million Brazilian real, roughly $400,000, to be allocated to a special fund earmarked for social programs.
The deal also required Yout.com to actively block Brazilian visitors and delete their accounts, while ensuring all local payments were blocked. In addition, the site would have to log access attempts from Brazil and share the details with the authorities twice per month.
Nader and his legal team gave the proposal some serious thought, but eventually decided to decline the offer. Instead, they tried to turn the case in their favor through the court.
Court Rejects Yout’s Motion to Dismiss
In the 12th Criminal Court of the Central Criminal Court Barra Funda in São Paulo, the defense tried to have the complaint dismissed, citing a lack of just cause and insufficient evidence. The request was rejected earlier this month.
After reviewing arguments from both sides, the Court ruled that the prosecution’s criminal complaint is sufficient for the case to continue.
The prosecution alleges that Yout’s operator violated article 184, paragraph 3, of the Penal Code by offering an Internet-based tool to allow users to select and download a copyrighted work without obtaining permission from the rightsholder. This was allegedly motivated by profit.
Complaint Sufficient
The Court found that the complaint meets the requirements of article 41 of the Code of Criminal Procedure.
“The indictment is based on minimal evidence, consisting of documents and expert reports, which, at this stage, are sufficient to support a judgment of admissibility. Although the defense presented strong arguments, it was unsuccessful in deconstructing the elements presented by the Public Prosecutor’s Office, and further evidence was required in the criminal investigation,” the order reads.
Yout typically describes itself as an Internet DVR. It does not store any copyright infringing material and does not know what files its users select to ‘format shift’.
However, the Court reiterated that the conditions for accepting a complaint concern evidence of authorship and materiality, not the full proof that will be developed during the investigation. Arguments about lack of evidence are not enough to reject the complaint at this initial phase.
“According to the consolidated understanding of the Supreme Courts, receiving a complaint only requires evidence of authorship and materiality, and does not require full proof, which will be produced during the investigation,” the order adds.
Prosecution Goes Ahead
Ultimately, the court concluded that the requirements for criminal prosecution are present and there are no defects that would warrant a dismissal under article 395 of the Code of Criminal Procedure. Therefore, the judge upheld the prior decision to accept the complaint.
The case will now move forward at a hearing set for August 9, 2025, for instruction, debates and judgment.
Since Nader lives in the United States, the hearing will be held virtually and won’t be required to appear in person. The prosecution is expected to present several witnesses, including a representative of the music industry.
