New Twist in 'Avatar XXX' BitTorrent Suit

DALLAS — A federal judge in Texas has asked another adult company to show cause why the court shouldn't appoint an attorney for a John Doe defendant accused of poaching porn on a peer-to-peer network.

U.S. Judge Royal Furgeson has ordered LFP Internet Group's attorney, Evan Stone, to respond to the order in the case by Feb. 28. Furgeson said he wants Doe represented by counsel before discovery motions.

Stone, of Dallas, waged a suit in October on behalf of LFP, which sued 1,106 BitTorrent users who shared "This Ain’t Avatar XXX 3D,” the blockbuster spoof released in September that had a working budget that was three times that of a normal adult feature.

But the case went awry last week when Furgeson severed 1,105 users in the suit and quashed all of the subpoenas, leaving just one Doe defendant.

"Upon inspection of plaintiffs complaint, the court finds that Doe defendants 2-1,106 have been improperly joined," Furgeson ruled last week. "There are no allegations in plaintiff's complaint that the defendants are in any way related to each other, or that they acted in concert or as a group in their allegedly offending actions.

"The complaint only alleges that each defendant, without the permission or consent of the plaintiff, has used and continues to use BitTorrent software to reproduce and/or distribute plaintiffs motion picture to hundreds of other BitTorrent users."

In the most recent ruling, made yesterday, Furgeson said the Doe in the case is unlikely to have any idea a lawsuit has been filed or that the plaintiff is seeking their identity.

Appointing an attorney for limited purposes is one way to ensure that the Doe receives the same constitutional protections that apply to all litigation defendants.

Furgeson similarly ruled last week in three suits involving adult companies, asking their attorneys to show cause why the court shouldn't appoint counsel for Doe defendants.

Those adult companies include Serious Bidness, which sued 109 for "Kayla Kleevage"; Adult Source Media, which sued 247 for "Hot for Teachers"; and BrokeAmateurs.com, which sued 168 for several scenes.

Stone told XBIZ he sees the recent rulings as a "minor setback" and will ask the court to reconsider them.

"I guess it was my failure for not initially distilling the technological aspects of this unique form of piracy to a more palatable format," Stone said. "Those who understand BitTorrent technology are well aware that it's almost useless without a large group of users working in concert to help each other acquire the same content at the same time. Joinder is absolutely inherent to any BitTorrent case."

Related:  

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

Nebraska AV Bill Moves Forward Despite Privacy, Free Speech Concerns

Nebraska’s unicameral Legislature has given first-round approval to LB 1092, the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Eva Maxim, Katrina Colt Headline 'Cumming to LA' From Cherry Kiss

Eva Maxim and Katrina Colt star with Vince Karter in 2021 XBIZ Europas Female Performer of the Year Cherry Kiss' "Cumming to L.A.," from Evil Angel.

AEBN Celebrates 25th Anniversary

The Adult Entertainment Broadcast Network (AEBN) is celebrating its 25th year in business this week.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still pursue antitrust claims in the future.

Skylar Snow Headlines 'Infidelity 4' From Sweet Sinner

Skylar Snow toplines "Infidelity 4," the latest release from Mile High Media studio brand Sweet Sinner.

Serenity Cox Stars in 'Enjoy It' From MILFY

Serenity Cox stars with Alberto Blanco in "Enjoy It," from Vixen Media Group studio imprint MILFY.

Melissa Stratton Stars in Finale of Wicked's 'So Extra'

Melissa Stratton and Robby Apples star in the final scene from Wicked Pictures' "So Extra."

BiPhoria Drops Jim Powers' 'Saying GoodBi'

BiPhoria has released director Jim Powers' "Saying GoodBi."

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have petitioned the United States Court of Appeals for the 5th Circuit to stay its recent decision upholding the law, because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

Jade Venus, Kasey Kei Star in 'Trans Rave' From GenderX

Jade Venus and Kasey Kei star in "Trans Rave" from GenderX, directed by Jim Powers.

Show More