Bruno Gustavo a Popular YouTuber fined by a court in Brazil for instructing people how to access TV content using pirate IPTV services
Bruno Gustavo is a Popular YouTuber with 15.5 million views who specializes in unboxing videos, reviews, and tips. The YouTuber posts its content on the channel named ‘Jorge Dejorge’. However, Bruno posted a video on its channel in which he shows how you can access TV content using IPTV services.
The Channel ‘Jorge Dejorge’ is operated by Bruno Gustavo Januário, has a variety of videos with technology-focused videos offering reviews, unboxing videos, tips, and tutorials, most of which are entirely non-problematic. However, a decision to publish advice on how to obtain TV channels via pirate IPTV services attracted the attention of ABTA, the powerful Brazilian Pay TV Association.
However, The ABTA (Associação Brasileira de Televisão por Assinatura), which represents the main cable TV and channel operators in the country, including Globosat, Sky, NBC Universal, Fox, and Discovery, filed a lawsuit against Bruno Gustavo claiming that his instructional videos infringed their rights.
Later Bruno described himself as an “ordinary person” with a YouTube channel and denied that he’d named any of the TV operators in his videos. In any event, he argued, they were informative in nature and did not aim to instruct people on how to break the law.
Howsoever, in April 2018 a judge at a São Paulo court handed down an order that required hosting and search companies, including Google, to remove the videos in question and Bruno Gustavo was told to stop publishing such content in the future. Failure to comply would result in a fine equivalent to US$1,740 (Rs. 1,31,000 approx) for each offense.
This resulted in an appeal from both sides to the Court of Justice of São Paulo which was heard in April 2020. In its ruling, the Court found that the operator of the Jorge Dejorge channel must pay compensation to ABTA for breaching its members’ rights with his “fraudulent” videos.
The Court found that the videos improperly reproduced the channels’ trademarks, infringed their copyrights, and amounted to unfair competition against ABTA’s members.
However, the exact amount to be fined on the channel has not yet been decided, but the court-ordered Bruno Gustavo, whose YouTube channel has more than 15.5 million views, must also hand over 10% of the revenue generated by his social media accounts to the Brazilian Pay TV Association.
“We hope that large digital media companies will adopt a more responsive posture in relation to the publication of illegal content on their platforms. We are all responsible for preventing and combating illicit acts and crimes practiced on the Internet,” commented ABTA president Oscar Simões.
The matter is not over yet, however. Bruno Gustavo’s legal team say they will appeal to the Superior Court of Justice (Superior Tribunal de Justiça), the highest appellate court in Brazil, arguing that the judge in the first instance “made a more coherent assessment” in denying compensation to the TV companies.