AfterDawn: News

'Twilight' cam 'pirate' sues movie theater

In December of last year we reported that a 22-year old woman was arrested in Chicago for recording three minutes of the newest "Twilight" film with a digital camera at the movie theater, and was forced to spend two days in jail awaiting a hearing.

Samantha Tumpach faced up to three years in jail after being charged for criminal use of a motion picture exhibition.



Making the situation worse was the fact that Tumpach wasn't filming the movie and was instead taping parts of her sister's birthday party, which was taking place at the movie theater. Although the movie is in the background in clips, there are longer clips of family and friends singing happy birthday to Tumpach's sister at the theater. The situation was met with justifiable outrage from almost everyone who read about it, including the director of "Twilight: New Moon," who said the woman should have the charges dropped.

Fortunately, a week later, the prosecutors tossed out the case against her, and apologized for the time she had to spend in a holding cell.

This week, Tumpach has filed a civil suit, claiming the theater, the local police and the MPAA all recommended arresting her.

Tumpach is claiming emotional distress and malicious prosecution by the theater. The MPAA pays out a $500 award to any employee that catches consumers filming a movie with cameras, camcorders or phones.

One of the clips captured by the young lady was 85 seconds of her "favorite actor taking his shirt off."

Tumpach is seeking $50,000 in damages.

Written by: Andre Yoskowitz @ 3 Jul 2010 12:52

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• 17 comments

• scorpNZ

  Only 50 grand is it even worth it the lawyers fees wil cost that & more me thinks more so if it gets dragged out
  

  3.7.2010 13:44 #1

• ROMaster2

  Just in general, if you're going to sue, include legal fees so you're covered there too.

  3.7.2010 14:17 #2

• Mysttic

  It will be covered. The victor usually gets legal fee's covered on top of $50,000. Still considering the MPAA and RIAA try for millions, I would have at least sued for $500,000. Sure you'd never get it, but at least you prolly get more than $50,000.

  3.7.2010 14:42 #3

• xaznboitx

  oh I read this last year, I hope she sues them
  

  3.7.2010 17:09 #4

• xboxdvl2

  i said it at the time she had the charges dropped and i will say it again.she should be suing for slandering.she was labelled as a pirate and criminal all over the internet.im in australia and i know her name from the article.just thing how many other people have heard of her.
  

  PS2 with 12 games.
  pc-windows 7,intel core quad Q8400,4 Gb ddr2,WD 500 GB hdd,ATI Radeon HD 4550 graphics,AOC 22inch LCD moniter.

  4.7.2010 06:16 #5

• baxter00

  Originally posted by xboxdvl2: i said it at the time she had the charges dropped and i will say it again.she should be suing for slandering.she was labelled as a pirate and criminal all over the internet.im in australia and i know her name from the article.just thing how many other people have heard of her. I agree with you there. Just the phrase "filming twilight" and I already knew what the article was about. She should file for slander as well.

  4.7.2010 07:49 #6

• ntense69

  get them for the most and anything the court has cost you depression,worry,money,food,lawyer fees anything they deserve getting it slammed in their face just like they do other taxpayers

  4.7.2010 12:34 #7

• KillerBug

  I love it...she should also sue them for piracy; as they made copies of her video without her permission!

  6.7.2010 00:46 #8

• jos22

  surprised the RIAA didn't try and sue for a public performance of happy birthday seems like something they would do.
  
  but ya should should have asked for alot more.
  
  

  6.7.2010 13:54 #9

• juventini

  Goes around comes around.
  

  Forza Juve!!

  6.7.2010 17:50 #10

• juventini

  Originally posted by jos22: surprised the RIAA didn't try and sue for a public performance of happy birthday seems like something they would do.
  
  but ya should should have asked for alot more.
  True
  

  Forza Juve!!

  6.7.2010 17:50 #11

• KillerBug

  Originally posted by jos22: surprised the RIAA didn't try and sue for a public performance of happy birthday seems like something they would do. They would have, but they were too busy trying to build a case against her and her horrible crime that deprived them of so many sales.

  7.7.2010 00:41 #12

• Tarsellis

  Originally posted by xboxdvl2: i said it at the time she had the charges dropped and i will say it again.she should be suing for slandering.she was labelled as a pirate and criminal all over the internet.im in australia and i know her name from the article.just thing how many other people have heard of her.
  We also need to add libel, false imprisonment, racketeering, punitive damages and demand to "Make an example" of them as they do to us.
  
  When this case gets thrown out and they refuse to prosecute, it will just again show that our legal system is NOT abut justice, but corporate fascist protection and perpetuation of economic slavery.

  9.7.2010 09:50 #13

• Mez

  Originally posted by scorpNZ: Only 50 grand is it even worth it the lawyers fees wil cost that & more me thinks more so if it gets dragged out No, her lawyer will likely work for a cut of the profits and the amount will go up drastically ( a few thousand times) when she gets her lawyer.

  12.7.2010 15:06 #14

• R (unverified)

  She's taking a big chance here. She did record part of the movie, so she was guilty of the crime she was held for. The case was dropped due to bad publicity, not due to her being innocent. Even though she didn't have criminal intent, she did commit the crime. If I walk out of the grocery store without paying for my gallon of milk, I've committed a crime regardless of whether my intent was to steal the milk or if I was just being absent minded. If the MPAA has the option of reinstating the charges, this could totally backfire on her.
  
  That said, it's a good gamble. She has no case, but she clearly has public opinion on her side. Just check out the comments here. The MPAA could give her a settlement just to appease public opinion.

  13.7.2010 09:48 #15

• FredBun

  Originally posted by KillerBug: I love it...she should also sue them for piracy; as they made copies of her video without her permission!
  LOL, good one killer

  1.8.2010 08:01 #16

• xboxdvl2

  Originally posted by R: She's taking a big chance here. She did record part of the movie, so she was guilty of the crime she was held for. The case was dropped due to bad publicity, not due to her being innocent. Even though she didn't have criminal intent, she did commit the crime. If I walk out of the grocery store without paying for my gallon of milk, I've committed a crime regardless of whether my intent was to steal the milk or if I was just being absent minded. If the MPAA has the option of reinstating the charges, this could totally backfire on her.
  
  That said, it's a good gamble. She has no case, but she clearly has public opinion on her side. Just check out the comments here. The MPAA could give her a settlement just to appease public opinion. yes but if the checkout operater packed a carton of milk in your shopping bag and didnt charge you for it then they can't charge you for shop lifting.just like if im filming a birthday party and someone puts a copyrighted film on in the background.I'd be filming the party so it wouldnt be my fault if a movie ended up in the background.
  

  PS2 with 12 games.
  pc-windows 7,intel core quad Q8400,4 Gb ddr2,WD 500 GB hdd,ATI Radeon HD 4550 graphics,AOC 22inch LCD moniter.

  1.8.2010 09:38 #17