Home > News > Legal News > Porn BitTorrent Litigation Getting Trickier, Lawyer Says • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Porn BitTorrent Litigation Getting Trickier, Lawyer Says

Porn BitTorrent Litigation Getting Trickier, Lawyer Says
Get XBIZ News
XBIZ Research
Will Google uphold its commitment to 'Freedom of Expression' when it comes to organic adult search results?
Yes
  32.52%
No
  67.48%
Out of 206 votes. Results based on votes submitted by members of XBIZ.net social network.
Friday, Oct 14, 2011    Text size: 

RALEIGH, N.C. — More porn BitTorrent defendants are using cut-and-paste defense kits, slowing down the wheels of justice and causing added expenses in litigation, according to an attorney suing John Does in a K-Beech Video copyright infringement case.

James C. White, who represents K-Beech, told a federal judge this week that the adult studio has received hundreds of similar motions from Does to sever or quash or both in similar litigations across the country.

"The cut-and-paste motions have been put on torrent websites and other websites containing instructions on how to complete these and are being downloaded by the Doe defendants and their counsel in these matters," he said. "These motions are expensive to defend against. 

"Indeed, many such motions intentionally raise issues that have absolutely nothing to do with the subject matter before the court or matter which no court has ever held justify the motion."

As a result, White said, plaintiffs "spend substantial resources arguing against irrelevancies and abstractions" and that mass lawsuits are warranted because not all the IP addresses they filed suit against are actually targets worth pursuing.

White, who filed a declaration with the federal court in Raleigh, N.C., to oppose motions to quash or modify subpoenas in a case involving 39 K-Beech Does, went on to say that the porn BitTorrent litigation model currently used with mass defendants drives early settlements consistently. 

"From statistics suing thousands of people nationally, plaintiff knows that in any given joined suit 35-55 percent of the Doe defendants will settle very early in the litigation," he said, noting that plaintiffs typically lose 10-15 percent of the Doe identities it subpoenas due to ISP data failure or deletion issues.

White, in his address to the court, noted that in many cases porn BitTorrent plaintiffs choose not to go after some Doe defendants. White noted that in one case, a Doe defendant turned out to be a police department running a covert investigation.

"Many John Doe defendants are destitute," White said. "Several of the John Doe defendants have died prior to being identified. Several John Does have been public or political figures who plaintiff did not to choose to sue."

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

The Buzz Behind Cloud Hosting

The cloud. It’s everywhere (kind of literally, actually) and everyone’s talking about it. But what the hell is it? The cloud is used to market so many different services and technologies that... More »

Initiating a UDRP Claim

During the 1990s, the Internet emerged as a common platform upon which individuals and businesses, for both commercial and other purposes, could interact and conduct business via websites. As is commonly... More »

Giving Your Website a Health Check

In addition to logging into sites run by my CMS software customers, I join a good number of websites throughout the year. Once in a while I’m impressed but usually surprised is the word that comes... 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.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.

UPCOMING EVENTS

CatalystCon West

Sep 11 - Sep 14
Los Angeles, California

International Lingerie Show

Sep 15 - Sep 17
Las Vegas, Nevada

Webmaster Access Amsterdam

Sep 19 - Sep 22
Amsterdam, Holland

The European Summit

Sep 22 - Sep 25
Prague, Czech Republic
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!