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 virtual reality headsets like the Oculus Rift revolutionize adult entertainment?
Yes
  53.15%
No
  46.85%
Out of 111 votes. Results based on votes submitted by members of XBIZ.net social network.
Oct 14, 2011 3:30 PM PST    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 !

LEGAL PERSPECTIVES

Adult Biz & the Law: Violations and the Violated

In early November, Uber found itself under fire for a number of privacy violations and frankly chilling suggestions of how it can use its data. One of Uber’s executives admitted spying on a journalist,... More »

Get Off Your Butt and Email the FCC Now

The Place: http://www.fcc.gov/comments The Message: “Net Neutrality Now.” Do it now, pass it on. I am beginning this month’s article with what I hope will be an unambiguous call to... More »

Mounting Breaches: Are You Paying Enough Attention to Internet Security?

For those of you who haven’t been paying attention to the news, there is an epidemic in the online world and it’s getting worse. Last month JPMorgan Chase announced that 76 million households... 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

XBIZ.net London Gathering

Feb 19 - Feb 19
London, UK

QWEBEC Snow Gathering

Feb 20 - Feb 23
Quebec City, Canada

AEVC 2015

Feb 25 - Feb 28
World Wide Web

Adultcon Los Angeles

Feb 27 - Mar 01
Los Angeles, California
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!