Porn BitTorrent Defendant Goes After Hard Drive Productions

Porn BitTorrent Defendant Goes After Hard Drive Productions
Rhett Pardon

OAKLAND, Calif. — A Bay Area man is suing Hard Drive Productions claiming he has been harassed by its attorneys to settle "baseless and unfounded claims" in a porn BitTorrent infringement suit.

Seth Abrahams, in his suit, says that he is one of 118 anonymous John Doe defendants sued for allegedly trading Hard Drive's "Amateur Allure — Samantha Saint"  movie.

But Abrahams claims that he had no part in poaching and trading the movie, and that the adult company said  he was liable for copyright infringement by merely having  an unsecured wireless network or router.

In his suit, Abrahams claims that Hard Drive's letters to pursue statutory damages up to $150,000 are  "designed  to threaten, notify, intimidate,  embarrass, shame and  to  coerce" him into paying a settlement demand of  $3,400.

Abrahams' suit, which seeks unspecified damages and a declaration from the court that no infringement has occurred, also alleges that Hard Drive Productions' law firm posted on WeFightPiracy.com  that Abrahams is one of the firm's "Top 25 Pirates," defaming him.

In addition, Abrahams alleges in his suit that Hard Drive used unlicensed private investigators in its probe of targeted BitTorrent downloaders, calling the studio and its attorneys "guilty  of unclean  hands  due  to its agents' operation and  use  of honeypots  or use of a third-party's  services  as honeypots."

Abrahams also claims that even if he downloaded the content, he'd be immune from liability because Hard Drive's work is  not  copyrightable "as  the work does not  promote  the  progress  of science  and useful arts as required by the U.S. Constitution,  including but  not  limited  to the  fact  that  the  work is obscene ...."

Abrahams attorney, Steven Yuen, was unavailable for XBIZ comment. Attorneys at Steele Hansmeier/Prenda Law, which represents Hard Drive, did not immediately respond to XBIZ for comment.

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PORN BITTORRENT FILINGS: There were five porn BitTorrent lawsuits filed in the past seven days at federal courts around the U.S.

Elegant Angel filed two infringement suits against 10 Does in California and one in Washington; Malibu Media filed two suits, each with 10 defendants, in California; and Raw Films filed against 10 in California.

XBIZ publishes a weekly report each Thursday on porn BitTorrent legal filings in the U.S.

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