TorrentSpy Lawyer Responds to $111M Penalty

LOS ANGELES — Calling the ruling a "Hollywood publicity stunt," TorrentSpy lawyer Ira Rothken said that yesterday's $111 million judgment against the torrent-tracking service TorrentSpy was not decided on the merits of copyright law.

Yesterday, U.S. District Judge Florence-Marie Cooper hit TorrentSpy for $30,000 for each of 3,699 counts of copyright infringement brought against the company by the Motion Picture Association of America.

As for the $111 million penalty, Rothken said that although TorrentSpy's parent company, Valence Media, "will obey the law," he noted that the company filed for bankruptcy protection in England last week.

"[They have] no appreciable assets," he said. "This was a Hollywood publicity stunt."

MPAA Communications Director Elizabeth Kaltman told XBIZ that Judge Cooper's decision "speaks for itself," and that despite Valence Media's bankruptcy filing, the MPAA plans to "pursue enforcement of the judgment."

In March, TorrentSpy lost the case on a default judgment. Judge Cooper said that the company had destroyed evidence and provided false testimony during the discovery process for their trial with the MPAA. Kaltman said that this decision "clearly indicates that there was some wrongdoing that [TorrentSpy was] trying to cover up."

But Rothken contended that TorrentSpy had only been protecting its users' privacy.

"One man's alleged evidence destruction is another man's privacy protection," he said.

Adult industry attorney Rob Apgood told XBIZ he applauded the decision.

"Copyright infringement is so rampant on the Internet, and it's severely damaging copyright holders," said Apgood, a member of the firm CarpeLaw. "People who facilitate theft should be held just as accountable as the thieves themselves."

Online guru Brandon Shalton agreed with Apgood's assessment, even though TorrentSpy, by its very nature, hosts no copyrighted content on its servers, a distinction Rothken made.

TorrentSpy works like a search engine, except that it seeks out small text files, often called "torrent files," that users then load into locally hosted proprietary programs that use the files as guideposts to find and download actual media files.

Rothken pointed out that Google could be used for the same purpose — a simple search for torrent files for the TV show "Lost" returned more than 200,000 results — but Shalton said that sites like TorrentSpy are "essentially an accessory" because they only search for torrent files.

"When you look at the content on torrent sites, probably like 99 percent of it is stolen," said Shalton, who founded the traffic analysis service T3Report.com. "Anyone who sets up a torrent website knows it's illegal stuff. So that’s the gray area. If you know that what it has is mostly illegal, then you know what's up."

Rothken has appealed the case to the 9th U.S. Circuit Court of Appeals in San Francisco.

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

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.

Paysite Confidential: Inside the Creator Economy's Shift Toward Ownership

For years, the adult industry’s creator economy has been defined by platforms — powerful engines of discovery, monetization and scale that reshaped how performers connect with their audiences.

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Kickstarter Revokes New Rules Banning Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter announced Tuesday that it has reversed its recent decision to impose new “Mature Content” rules banning projects that involve adult content and sextech.

Report: Irish Justice Minister Seeks UK-Style Ban on 'Extreme' Content

Ireland’s justice minister plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, according to a report by the Irish Independent.

New Kickstarter Rules Ban Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter has posted new “Mature Content” rules banning projects that involve adult content and sextech.

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

AEBN Publishes Popular Searches for March, April

AEBN has published the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Show More