In the recently decided Fmovies piracy case, the two Vietnamese operators, Phan Thành Công and Nguyen Tuan Anh, will face suspended prison sentences. This outcome has generated a mixed reaction from anti-piracy proponents, and those in the U.S. want to see tougher penalties. Fmovies launched in 2016, and it quickly became a major source of frustration for Hollywood studios, registering an almost incomprehensible 300 million monthly visits at its highest, and earning a spot as one of the most popular piracy sites in the world.
 
While the initial success in shutting down the website is noteworthy, the U.S. authorities are said to have been quietly disappointed at the relative leniency of the sentences in this case, as they wanted a tougher sentence to dissuade piracy in the future, and both operators confessed. Phan Thành Công appears to be the lead programmer and technical architect, and he was responsible for developing and maintaining the well-developed operations of Fmovies, and represents most of the profits made in revenues, was approximately $400,000 in site advertising made through the illegal operation. Nguyen Tuan Anh supported Phan’s activities, performing administrative, as well as duties in operational matters.
 
The operators were ordered to repay a nominal amount for the illegally distributed works: $15,900 in total related to 30 works. Many feel that although it is a start, this amount is a tiny fraction of the actual damage liability relative to the scope of the Fmovies activities incurred against copyright holder rights.
 
Following this case, the United States Trade Representative (USTR) has publicly urged Vietnam authorities to impose more considerable fines and stiffer prison sentences in future piracy cases, and has suggested that large-scale copyright infringement requires punishment that is economically reasonable as a reflection of potential or actual damage against the economic value of the copyright holder(s).
 
While the Fmovies case illustrates the difficulties facing content creators and enforcement professionals when handling digital piracy, it also highlights the ongoing challenge facing authorities when managing cross-border infringements, in which there are differences in legal frameworks and enforcement ethos where interests and priorities may be in short supply for enforcement activities.