Home > News > 7th Circuit Appears Skeptical of Prenda Law's Appeal • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

7th Circuit Appears Skeptical of Prenda Law's Appeal

7th Circuit Appears Skeptical of Prenda Law's Appeal
Get XBIZ News
XBIZ Research
Will virtual reality headsets like the Oculus Rift revolutionize adult entertainment?
Yes
  54.39%
No
  45.61%
Out of 114 votes. Results based on votes submitted by members of XBIZ.net social network.
Apr 7, 2014 5:30 PM PST    Text size: 

CHICAGO — The 7th U.S. Circuit Court of Appeals today heard the appeal of an order that levied $261,000 in sanctions against the attorneys who filed a copyright infringement case on behalf of Lightspeed Media Corp.

A majority of the three-judge panel of the 7th Circuit — Judges Diane Wood, Michael S. Kanne and Diane Sykes — appeared skeptical of Prenda Law's argument in its appeal.  

Prenda Law, prolific in exacting payments from consumer porn piracy defendants in the past four years, appealed a lower court judge's order that ruled the firm's attorneys, John Steele, Paul Hansmeier and Paul Duffy, filed a meritless case against defendant Anthony Smith.

The case against Smith alleged that he was the ringleader of a hacking gang that was said to have obtained stolen passwords to break into about 40 Lightspeed Media porn sites.

At the behest of Lightspeed Media, Prenda Law made additional claims against corporate executives at AT&T and Comcast Cable Communications that they aided, abetted and conspired with the hacker to steal its content because they refused to comply with subpoenas and turn over subscriber data based on IP addresses.

The firm later added the telecommunications executives as defendants in the suit, seeking $200,000 from all of the defendants, as well as punitive awards.

But after Duffy filed a motion for voluntary dismissal, telling the court that Lightspeed Media intended to drop the suit.

The motion spurred defendants into action with requests for reimbursement of attorneys fees because the suit was based on "frivolous claims," which the lower court later affirmed. Lightspeed Media's attorneys were ordered to pay Smith $72,000, AT&T $120,000 and Comcast $69,000.

At Monday's hearing at the 7th Circuit, attorney Daniel Voelker — representing Steele, Hansmeier and Duffy — was asked to describe the relationship between the three firms that have lodged claims against porn piracy defendents — Prenda Law, Alpha Law and Steele Hansmeier.

"I can't your honor. I don't know, I don't know what it is today; I don't know what it was a year ago," Voelker told the panel. "So I wouldn't want to even begin to tell you because I just don't know."

Sykes, one of the 7th Circuit panelists, responded: "That's shocking. There is a lot of shell game activity here."  

The 7th Circuit did not say when they would rule on the appeal. An audio recording of today's hearing is available here.

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 !

OPINIONS & VIEWS

The Payback of Taking Back ‘Defective’ Items

We all love a returning customer but not so much a customer that returns products. Given the nature of our industry, whether you are my favorite bricks-and-mortar kind of store or just work your magic... More »

What Men Want: Expanding the Realm of Male Sexual Pleasure

It’s the last day of high school and I’m completely screwed. How did I manage to make it all the way through my entire senior year and forget to go to the one class I actually needed to graduate?... More »

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 »
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!