Home > News > 7,097 Defendants Pared From 'Batman XXX' Suit • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

7,097 Defendants Pared From 'Batman XXX' Suit

7,097 Defendants Pared From 'Batman XXX' Suit
Get XBIZ News
XBIZ Research
What will be the biggest segment of virtual reality adult entertainment?
Recorded video content
  27.84%
Live cams
  42.78%
3D rendered virtual worlds
  29.38%
Out of 194 votes. Results based on votes submitted by members of XBIZ.net social network.
Dec 27, 2010 5:15 PM PST    Text size: 
MARTINSBURG, Va. — The federal judge who quashed thousands of subpoenas requested in seven porn BitTorrent suits earlier this month has struck again.

This time, 7,097 defendants have been pared from Axel Braun Productions' suit, which alleges the John Doe defendants poached "Batman XXX: A Porn Parody." Only one Doe defendant remains in the suit.

"The plaintiff appears to allege that joinder is based upon the Does’ use of some of the same ISPs and some of the same peer-to-peer networks to infringe the same copyright," U.S. District Judge John Preston Bailey said in an order. "Moreover, several courts agree that where there is no allegation that multiple defendants have acted in concert, joinder is improper.

"Further evidence of misjoinder is found in the undeniable fact that each defendant will also likely have a different defense," he said. "For this reason also, the court finds joinder in this case improper.

"This court chooses the route of severance. In fact, this court will sever all Doe defendants except Doe No. 1."

Today, Axel Braun Productions' attorney sent letters out to 12 ISPs explaining the judge's order.

When the "Batman" suit was filed, Axel Braun told XBIZ he wouldn't be shy suing those who pirate his movies, and he planned to use legal avenues against those who steal his content for every movie going forward.

"Fuck 'em all," he said at the time. "People don't realize that when you pirate a movie it hurts all of the people who work very hard to get it produced — from the cast to the production assistants to the makeup artists. These are people who live paycheck to paycheck, and with 'Batman XXX,' that was a film I financed myself. "

The suits involving the eight cases, including "Batman," that have resulted in quashed subpoena were filed by Kenneth Ford of the Adult Copyright Co.; all of those cases were filed at U.S. District Court in Martinsburg, W. Va.,

Braun and Ford couldn't immediately be reached by XBIZ late Monday.

Bailey earlier this month threw out 5,462 unnamed defendants from suits filed by Combat Zone, Elegant Angel, Third World Media and West Coast Productions.

Bailey, in Braun's case and the other adult studios' cases, said if they wanted to proceed they can do so by filing fees for each of the amended complaints, which would be assigned separate civil action numbers, but only if the defendants are located in West Virginia, where the cases were filed.

The Electronic Frontier Foundation, which filed amicus briefs in some of the cases, lauded the judge's ruling, calling it a "big victory in the fight against copyright trolls."

The EFF said that the studios in the suits were "abusing the law in an attempt to pressure settlements."

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

OPINIONS & VIEWS

The Mobile Market: The Mobile Ecosystem Gains in Complexity

As adult traffic faces more and more restrictions via the big players like Google and Apple, services providers are required to become increasingly flexible and innovative in how they attract and obtain... More »

Affiliate Marketing Money Still There, but There Are Fewer Players

Lately I have been considering the current state of the adult affiliate market, which once presented a robust economic opportunity for participants of all levels of ability, commitment, and knowledge,... More »

Manufacturers Discuss Key Elements of Product Packaging

Product packaging is almost as important as the product that packaging contains. According to manufacturers nationwide, keeping packaging new and tied into branding is key for success. Tara Stravinsky,... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.

UPCOMING EVENTS

XBIZ London

Sep 15 - Sep 18
London, UK

UKAP Awards 2015

Sep 16 - Sep 16
London, UK

2015 The Adult Awards

Sep 17 - Sep 18
London, UK

Sexual Health Expo

Sep 19 - Sep 20
New York, NY
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!