Brazil prosecutors eye a landmark criminal case against stream ripping
A new copyright crackdown could mean jail time for a stream-ripping platform’s owner in a bold move for piracy enforcement.
What is stream ripping in the first place?
Before we dive into the case, let’s get into what stream ripping actually is. In simple terms, it’s the process of converting and downloading content from streaming platforms like YouTube. It’s been a major piracy headache for music companies for years, and Brazil looks to be taking measures to tackle it to the next level.
While music piracy seems to be declining, Yout is a platform that facilitates streaming ripping, and allows people to download music without going through official streaming platforms. Unsurprisingly, this has landed its US owner, Jonathan Nader, in some hot water.
Brazilian prosecutors puts their foot down
Brazil prosecutors have launched a criminal case against Nader, claiming his platform enabled users to illegally download music for profit. If Nader is found guilty, he could face up to four years in jail.
Nader argues that Yout doesn’t host or copy content, and therefore doesn’t infringe upon any copyright. Brazil prosecutors argue the opposite: that Yout makes copyrighted content available which infringes on the right of copyright owners to make their content available.
Nader initially tried to get the case thrown out, saying the prosecutors hadn’t demonstrated “just cause” and hadn’t provided sufficient evidence. The court judge disagreed, ruling that there was enough information to move forward.
Before heading to trial, Brazilian authorities offered Nader a deal. If he agreed to block Brazilian access to Yout, hand over user data about those trying to access his service from Brazil, and pay a fine of about $400,000. In exchange, any criminal prosecution would have been suspended.
Now, the criminal case is heading to court, with a music industry representative expected to testify. The trial is scheduled for August 9, 2025. However, Nader won’t be there in person but will join virtually from the US.
A win for artists?
This push from Brazil comes hot on the heels of the Recording Industry Association of America’s (RIAA) action to prevent stream-ripping platforms. In fact, Nader even took the RIAA to court in a separate and unresolved case, in order for his site to be declared legal.
Platforms that allow music to be illegally downloaded only hurt artists and rightsholders, who are effectively losing legitimate sources of income. In that sense, Brazil’s move is welcome news.
The criminal charge, however, is a bold new move to tackle music piracy. Most copyright cases usually play out through civil lawsuits, with fines or some kind of injunction. But with a 4-year prison sentence on the line, it warrants some discussion about how far copyright enforcement should go.
Whether Nader ends up serving jail time remains to be seen, but the music industry will certainly be watching to see the outcome.