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
  52.33%
No
  47.67%
Out of 86 votes. Results based on votes submitted by members of XBIZ.net social network.
XBIZ 360 - Jan. 13-16, Los Angeles
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 !

LEGAL PERSPECTIVES

Legal Reality: Should You Have a Prenuptial Agreement?

Summertime has passed, and like every summer, the weather was beautiful and a whole lot of people got married. That’s a good thing, for as a friend of mine once told me, “Marriage is a sacred... More »

Law of Sex: Fighting Private Censorship

Government censorship in the Internet age has been a consistent focal point for free speech advocates. Recent examples of censorship by the American government can be egregious, including the curtailment... More »

Legal Reality: Sound Music Deals

Music is a big part of just about every kind of entertainment. It is, for example, an integral component of most motion picture productions from mega-budget movies to micro-budget indie films. Even a relatively... 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

Dutch Webmaster Meeting

Dec 13 - Dec 13
Amsterdam, Holland

ANME Show

Jan 12 - Jan 13
Burbank, California

XBIZ 360

Jan 13 - Jan 16
Los Angeles, CA

XBIZ Awards

Jan 15 - Jan 15
Los Angeles, CA
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!