U.S. Judge Tosses 'My Little Panties 2' BitTorrent Suit

NEW YORK — Another mass porn BitTorrent piracy suit has bitten the dust.

U.S. District Judge Colleen McMahon of New York this week dismissed all but one of 245 John Does suspected of trading Digital Sin's "My Little Panties 2" because she ruled the suit's joinder was improper and geolocation techniques used in identifying the Does named in the suit were faulty.

McMahon's ruling was notable because she additionally laid forth rules of conduct for further litigation by Digital Sin and its counsel, Mike Meier, in connection with litigating further against the Does over "My Little Panties 2."

McMahon in her decision said that she didn't need to write another lengthy opinion discussing why plaintiff's theory is wrong. Rather, she said she incorporated reasoning by a number of judges in Northern California and New York who have rejected other mass BitTorrent joinder cases.

"Nothing in the complaint negates the inference that the downloads by the various defendants were discrete and separate acts that took place at different times; indeed the complaint alleges that separate defendants shared access to a file containing a pornographic film in separate and isolated incidents over  the course of 59 days," she wrote.

"In other words what we have here is 245 separate and discrete transactions in which 245 individuals used the same method to access a file via the Internet — no concerted action whatsoever, and no series of related occurrences — at least not related in any way except the method that was allegedly used to violate the law."  

McMahon said that it had been no accident that Digital Sin and Meier had not sought to bring the suit to class action status (because the rules for certification could not be met, she said) and that the only economy that litigating these cases as a single action would achieve is an economy to plaintiff  — "the economy of not having pay separate filing fee for each action."

Personal jurisdiction was another problem for McMahon in the Digital Sin suit because IP locator reports on the alleged copyright violations were never offered to the court. She called the oversight "troubling" because plaintiffs counsel averred that he only "personally conducted a random batch test of the purported locations of the IP addresses" of the Does.

As a result of joinder and geolocation issues, McMahon dismissed the case, with the exception of Doe No. 1, "because plaintiff has not paid the filing fee that is statutorily required to bring these 244 separate lawsuits."

The federal judge noted in her order that "litigation abuse has been a hallmark" over purported downloading of "My Little Panties 2." She said that there are currently three separate "My Little Panties 2" swarm cases pending before three different judges.

McMahon cautioned Meier about judge shopping and imposed "going forward" rules if he refiled against any of the severed defendants.

"Lest plaintiffs counsel think he can simply put cases against the severed and dismissed John Doe defendants into the wheel for assignment to yet another judge, I remind him of Local Civil Rule 1.6(a) [which requires the plaintiff attorney to bring the existence of potentially related cases to the attention of the court].”

One day after the McMahon's order severing 244 Does, Meier filed papers to sever Doe No. 1.

Meier said in his dismissal notice that that Doe No. 1 used a mobile device as he was traveling through New York and is outside jurisdiction of the court.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Zariah Aura Makes Her Brazzers Debut

Zariah Aura has made her Brazzers debut alongside Jayden Marcos in the studio's latest release, titled "One Night Stand Needs More."

Blake Blossom, Derek Kage Cap AEBN's Top Stars for 4th Quarter of 2025

AEBN has revealed its most popular performers in straight and gay theaters for the fourth quarter of 2025.

Amiee Cambridge Makes Her WIFEY Debut

Amiee Cambridge stars with her husband Johnny Rifle and multi-XMAs winner Hollywood Cash in the latest release from Vixen Media Group studio imprint WIFEY.

Adult Time Renews Silver Sponsorship for Pineapple Support

Adult Time has renewed its sponsorship of Pineapple Support at the Silver level.

Pornhub to Block UK Users Without Accounts Starting Feb. 2

Pornhub parent company Aylo will block access to its free video-sharing platforms in the United Kingdom starting Feb. 2 unless users have already set up accounts prior to that date, the company announced Tuesday.

Dom King on Managing Persona, Discipline and Domestic Bliss

On-camera, Men.com exclusive performer Dom King is a confident, commanding power top. Off-camera, the contrast is immediately noticeable. Sitting casually in front of a large lion photograph — a nod to his ‘civilian’ name, Andrew Lyon — he’s warm, conversational, and grounded.

Aylo Wins Another Major Piracy Lawsuit

For the second time in recent weeks, Pornhub parent company Aylo has prevailed in a copyright infringement case against sites pirating its content.

FSC Supports OpenAge Initiative and Adoption of AgeKeys for User-Centric Age Assurance

The Free Speech Coalition (FSC) announced today that it will support the OpenAge Initiative and its AgeKey cryptographic age assurance solution.

Lia Lin, Angelica Heart Star in Latest From MixedX

Lia Lin and Angelica Heart star in the latest release from MixedX, titled “Used By You.”

Evil Angel Debuts Proxy Paige's 'Nympho Wars'

Evil Angel has released director Proxy Paige’s new title, “Nympho Wars.”

Show More