3 Count: Falling Down

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1: XXXTentacion and Lil Peep Sued for Copyright Infringement Over ‘Falling Down’

First off today, Trent Fitzgerald at XXL reports that musicians XXXTentacion and Lil Peep are being sued by a singer-songwriter named Jaden Hoff, for alleged copyright infringement in the duo’s posthumous song Falling Down.

According to Hoff, who was formerly known as K.R.I.O., the guitar riff from Falling Down as taken from his song Under My Breath and was sampled without permission for the track.

However, what makes the case especially interesting is that both XXXTentacion and Lil Peep are deceased and the lawsuit is suing both of them as if they were alive. Others involved with the track are being sued as well. Hoff is seeking an injunction as well as monetary damages.

2: YouTuber Charged with Operating Illegal Streaming TV Service

Next up today, Matthew Keys at Fierce Video reports that a popular YouTuber is facing criminal charges that allege he was involved in the operation of several unlawful streaming services.

Youtuber Bill Omar Carrasquillo is among three men being charged with purchasing a residential cable account and then using equipment to strip it of copyright protections and share it with others. The investigation began after Carrasquillo failed to file timely tax returns from 2016 to 2019 and the service was shut down in 2019 when FBI agents raided his home.

The grand jury indictment seeks forfeiture of more than $34 million in cash including some $5.2 million in cash that had already been confiscated. It is unknown if Carrasquillo or the other men involved are in custody.

3: Judge Rules Apple Must Face ‘Austin Powers’ Copyright Suit

Finally today, Jalen Nelson at Haute Lawyer reports that a federal judge has declined to dismiss a lawsuit against Apple over the film Austin Powers: International Man of Mystery.

The case centers around a man named Ralf Hartmann, who claims to hold the copyright to the film and that he never licensed it to Apple for use in their iTunes Store and elsewhere. He claims to have received the copyright through a series of transfers and is also suing over another film, After the Rain, that similarly came under his ownership.

The judge in the case claimed that Hartmann adequately pled that he is the owner of the film and that the case needs to head toward a trial to determine if infringement took place. Hartmann is also involved in similar cases against Amazon and Google.

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