Home > News > BitTorrent Defendant Paying Up, But Says He Didn't Trade Porn • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

BitTorrent Defendant Paying Up, But Says He Didn't Trade Porn

BitTorrent Defendant Paying Up, But Says He Didn't Trade Porn
Get XBIZ News
XBIZ Research
Will 'free porn' forever garner the lion's share of consumer viewership?
Yes
  66.14%
No
  33.86%
Out of 127 votes. Results based on votes submitted by members of XBIZ.net social network.
Friday, Jul 29, 2011    Text size: 

SAN DIEGO — One of the John Does named in a Corbin Fisher BitTorrent suit has decided to settle with the gay porn company, agreeing to a $10,401 judgment while also acknowledging that his failure to secure a wireless router may have invited nefarious torrent users to trade stolen content.

Doe 4, as known in the suit, said that he takes the position that if he committed any infringement at all, it is as an "innocent infringer" and wants to avoid the expense and uncertainty of continued litigation.  

As a result of the settlement reached this week, he'll pay the judgment and agree to secure his router and deny use of his connection to anyone who would engage in infringing conduct.

Marc Randazza, who represents Corbin Fisher, worked the settlement with Doe's Florida attorney and told XBIZ that the agreement shows that the defendant was cognizant that leaving a router open to the public without a password was a risk.

"Given the terms of the offer, he seemed to understand the fact that 'I had an open wireless connection' is not a likely successful defense in these cases," Randazza said. "If you leave your keys in your car, and someone takes it and crashes into someone else, you'll likely be found negligent. There have been enough high-profile incidents of open residential wireless networks being used for illegal purposes that it should be common knowledge that leaving your wireless open is taking a risk.

"I don't mean to suggest that you're a bad person if you leave your wireless open.  But, if you want to do that, you assume the risk — at least for civil claims — of what will happen as a result."

Randazza, while admitting that he wasn't certain that Doe 4 didn't trade CorbinFisher content through a BitTorrent, said that if litigation continued he may have found other evidence in the case against the defendant, one of 95 targeted in one of a many porn BitTorrent suits filed by the gay entertainment company.

"My client was satisfied with the proposed judgment, given that fact they saw no reason to press the issue beyond the terms of the offer," he said. "The offer has been satisfied, and my client has dropped the case with respect to Doe 4."

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 !

EDUCATIONAL FEATURES

Online Billing: Operation Choke Point

The phrase “Operation Choke Point” conjures up many images and is representative of the spirit in which the authorities are using their power to target the providers within the payment industry. Operation... More »

SEO: Outrunning the Competition

Search marketing is a competitive game. There’s a wealth of traffic to be won by outcompeting just one of 10 sites ranking for a particular keyword. And it’s this effort to outcompete one of... More »

New Solutions for Mobile Video Delivery

With more mobile users hitting websites every day, it is increasingly important for site operators to deploy cross-platform video delivery systems. In 2014, one might think this would be a straight-forward... 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 Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.

UPCOMING EVENTS

Exxxotica Fort Lauderdale

May 02 - May 04
Fort Lauderdale, Florida

XBIZ Summit 2014

May 13 - May 16
Miami Beach, Florida

EROtrends

May 17 - May 18
Warsaw, Poland

Eurowebtainment

May 21 - May 24
Majorca,Spain
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!