D.C. Circuit Hands Prenda Law a Stinging Defeat

WASHINGTON — A federal appeals court yesterday rebuffed Prenda Law's attempt to  subpoena identifying information on more than 1,000 allegedly illegal porn downloads.

The decision by the U.S. Circuit Court of Appeals for the District of Columbia is a stinging one for the copyright troll law firm and is the first appellate ruling on key tactics employed by them to tilt the playing field.

“It is quite obvious that AF Holdings could not possibly have had a good faith belief that it could successfully sue the overwhelming majority of the 1,058 John Doe defendants in this district,” U.S. Circuit Judge David Tatel wrote. “AF Holdings clearly abused the discovery process.”

Tatel and two other judges ruled that AF Holdings is not entitled to contact information for people whose IP addresses were linked to BitTorrent downloads of the film “Popular Demand” because few of them live in the District of Columbia, where the lawsuit was filed.

As a result, the panel said it’s unlikely any connection exists among all of the Internet addresses subject to the subpoena.

"To paraphrase an analogy offered by amicus counsel at oral argument, two BitTorrent users who download the same file months apart are like two individuals who play at the same blackjack table at different times," the 16-page ruling said. "They may have won the same amount of money, employed the same strategy, and perhaps even played with the same dealer, but they have still engaged in entirely separate transactions."

Tatel criticized counsel from Prenda Law, noting that a judge in another case, Los Angeles federal jurist Otis Wright, had described it as a “porno-trolling collective” and that the firm “appears to have disbanded and then reconstituted itself in a similar form." AF Holdings is represented by Paul Duffy, who works for Prenda Law.

"[S]ometimes individuals seek to manipulate judicial procedures to serve their own improper ends. This case calls upon us to evaluate — and put a stop to — one litigant’s attempt to do just that.”

The appeal was brought by several ISPs — Verizon, Comcast, AT&T and affiliates — with amicus support from Electronic Frontier Foundation, the ACLU, the ACLU of the Nation's Capitol, Public Citizen and Public Knowledge.

The ruling in AF Holdings LLC vs. Cox Communications, 12-7135, is a key one because it likely will discourage copyright infringement suits against large numbers of defendants seeking to corner them through embarrassment or costly litigation into paying settlements without establishing a sound legal basis, according to the EFF.

"Prenda, and other groups like it, wanted to use the courts' subpoena power to identify Internet subscribers, then shake them down for $2,000-$4,000 'settlements,'" the EFF's Mitch Stoltz said. "They assuredly didn’t want to invest the time and expense needed to actually figure out who, if anyone, likely infringed a copyright. Trolls use court processes not to enforce their rights or to protect a legitimate business, but to make a profitable business out of groundless threats and intimidation."

View ruling by the U.S. Circuit Court of Appeals for the District of Columbia

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

On the Set: Ricky Greenwood Makes a Case for Dystopian Desire in 'The Tribunal'

Outside a warehouse on a scorching, treeless frontage road in Compton, there is little to suggest that a movie is being made behind its nondescript walls. Similar buildings across the Southwest frequently house adult productions, their unassuming exteriors concealing carefully lit sets where crews labor over every visual detail.

Romantix-Fargo Zoning Dispute Heads Back to District Court

A federal appeals court on Thursday ruled that zoning officials in Fargo, North Dakota, acted in an “arbitrary and capricious” manner when they prevented sex toy retailer Romantix from opening a planned retail store in that city.

Leana Lovings Fronts Latest From Pure Taboo

Leana Lovings stars with Jason Sarcinelli in the latest release from Pure Taboo, titled "Swapping Students."

Reina O'Hara Is Hustler's 'Cover Honey' for September

Reina O’Hara is the Cover Honey for the September issue of Hustler Magazine and appears in a 14-page centerfold spread shot by Davide Esposito.

Angela White Returns to Deeper

Multi-XMAs winner Angela White stars with Alex Jones in the latest release from Vixen Media Group studio imprint Deeper, titled "More Games."

Lily Blossom Performs Her 1st Gangbang for Blacked

Lily Blossom has performed her first gangbang in the latest episode of “Hotel Vixen: Season 3” from Vixen Media Group (VMG) studio imprint Blacked.

Eva Maxim, Zariah Aura Headline Latest Volume of 'Salacious TS Encounters' From TransSensual

Eva Maxim and Zariah Aura topline “Salacious TS Encounters 4” from Mile High Media studio imprint TransSensual.

Marie Fox, Rebel Rhyder Topline Richard Mann's 'World of Mann: Gangbangs'

Marie Fox and Rebel Rhyder headline director/performer Richard Mann's "World of Mann: Gangbangs," from Evil Angel.

Naomi Korae Performs 1st Studio B/G/G in Latest From TeamSkeet

Naomi Korae performs her first studio B/G/G alongside Kitty Chow and Arin Jones in the latest scene from TeamSkeet’s “Family Strokes” series.

Angellica Good Stars in Latest From TransAngels

Angellica Good stars with Angel Santana in the latest release from TransAngels.

Show More