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: Fast Cars, Sleazy Detectives and Offbeat Mayhem Fuel Ricky Greenwood's 'In the Bag'

Addison Vodka sits behind the wheel of a yellow 1970 Dodge Challenger RT while Elly Clutch rides shotgun, the muscle car's black racing stripe slicing across the hood. Parked beneath the hazy California sky, the whole setup feels like something ripped straight from a Quentin Tarantino film.

JD Directs New Anne Antonela Showcase

Evil Angel has released director JD's latest showcase, titled "Anne Antonela Unleashed."

Pornhub Launches Lesbian Site 'Pornhub Sapphic'

Pornhub has launched Pornhub Sapphic, a site dedicated to female and non-binary content and creators.

Aleksa Mink Performs Her 1st Anal for HardX

Aleksa Mink performs her first anal scene alongside multi-XMAs winner Zac Wild in the latest release from HardX.

Isa Bella Stars in Latest From New Sensations

Isa Bella stars with Nathan Bronson in the latest release from New Sensations.

Anissa Kate Stars in Latest From Brazzers

Anissa Kate stars in the new Brazzers release "The Rizz Chronicles: My Stepmom’s BFF."

Ravyn Alexa, Sav Shaw & Elly Clutch Lead Latest From Brazzers

Ravyn Alexa, Sav Shaw, and multi-XMAs winner Elly Clutch star in the latest Brazzers release, "Perfect 10 GF Brings the Heat."

Lucy Mochi, Tina Yoshi Front Latest From Jules Jordan

Lucy Mochi and Tina Yoshi star with Victor Ray in the latest scene from Jules Jordan Video.

Clémence Audiard, Leya Desantis Star in Latest From MixedX

Clémence Audiard and Leya Desantis star in the latest release from MixedX, titled "Possessed by You."

Brazil Invites Public Input on AV Guidelines

Brazil’s National Data Protection Authority (ANPD) on Friday launched a public consultation on developing guidelines for age verification mechanisms under the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Show More