Sanctions Against Porn Piracy Attorney Upheld

DALLAS —  A federal appeals panel today affirmed a lower court's order to impose sanctions on attorney Evan Stone, who improperly issued subpoenas to ISPs seeking the identities of anonymous subscribers in a mass porn piracy case.

The decision affirms a sanction of $22,000 in attorneys fees and expenses incurred in bringing the motion for sanctions, as well as another $10,000 imposed by the court.

Stone last year filed a porn BitTorrent lawsuit at U.S. District Court in Dallas targeting 670 John Does on behalf of Mick Haig Productions for allegedly trading “Der Gute Onkel,” translated in English as “The Good Uncle.”

Stone later asked the court to allow him to send out subpoenas to Internet service providers to find out the identities of the infringers. But the court never made a ruling on the request and, instead, Stone ordered the ISPs to store the information for a later date.

U.S. District Judge David Godbey, in the lower court ruling imposing sanctions against Stone, summed up the "staggering chutzpah involved in this case": "Stone asked the court to authorize sending subpoenas to the ISPs. The court said 'not yet.' Stone sent the subpoenas anyway. The court appointed [EFF and Public Citizen] to argue whether Stone could send the subpoenas. Stone argued that the court should allow him to – even though he had already done so – and eventually dismissed the case ostensibly because the court was taking too long to make a decision. All the while, Stone was receiving identifying information and communicating with some John Does, likely about settlement. The court rarely has encountered a more textbook example of conduct deserving of sanctions."

In today's ruling by the 5th U.S. Circuit Court of Appeals, a panel held that Stone waived all of his arguments such as that he could have issued a different kind of subpoena to obtain the subscriber information, that sanctions couldn't be issued under the specific federal rules cited by the district court, and that EFF and Public Citizen lacked standing to bring a sanctions motion.

The appeals panel held that "no miscarriage of justice will result from the sanctions imposed as a result of Stone’s flagrant violation of the Federal Rules of Civil Procedure and the district court’s orders."

View panel's decision on Evan Stone

Copyright © 2024 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

Age Verification: FSC's Mike Stabile Reports from the Frontlines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to distribute content on its streaming platform from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

Show More