Q&A: Attorney Evan Stone Wants Pirates to Pay

DALLAS, Texas — Representing Lucas Entertainment, VCX, Mick Haig Productions, LFP Internet Group and others, it’s been a busy year for Dallas attorney Evan Stone.

In fact, there have been more lawsuits filed in 2010 than ever before on behalf of various adult companies and Stone is leading the way in a new strategy that he says will change the way adult operators go after those who infringe on their copyrights.

XBIZ spoke exclusively with Stone, who is currently on his fifth bit torrent lawsuit to date, about his methodology and the changing face of copyright infringement lawsuits.

XBIZ: Why has the adult industry seen such an increase in copyright infringement lawsuits and how did this all come about?

Evan Stone: Well, in the past, the motion picture and the recording industries haven’t conducted their lawsuits in a cost-effective way. This year, all of these defendants engaged in specifically, bit torrent piracy and these kinds of lawsuits significantly cut down the cost of litigation. I asked someone who already worked in adult if the company would be interested in this kind of approach and they were.

XBIZ: What exactly is the process if a studio suspects infringement?

Stone: Sometimes, people at the studios are well aware of the infringement. If they’re aware of it then they’ll let us know about it. Once we are made aware of the infringements, we engage a company to validate and record the infringement. What they see is a long list of IP [Internet Protocol] addresses which leads them to the service providers. Then we file a federal infringement lawsuit against the infringers [John Does].

The court has to grant permission to conduct discovery regarding who those individuals are. This is not a fast-track method, but you can join all the defendants in one lawsuit because they were all reproducing and distributing pieces of the same film to each other at the same time. It costs $350 just to file. We do it on a contingency basis, so there are no out-of-pocket expenses for the studios.

XBIZ: In your attempts to stop the infringers, you’ve also sent letters, how effective has that approach been?

Stone: After years of sending cease and desist letters to no avail and getting nowhere, we now sue and send demand letters for unlawful distribution.

XBIZ: Once you identify the infringer, what happens then?

Stone: We usually ask people for $1,500 to settle out of court. Statutory damages begin at $750 and go up to $150,000 per work infringed. Most of the time, the damage is much greater than $1,500. The number of defendants we have represent only 5-10 percent of the people who have pirated the films.

XBIZ: What about the people who claim they’ve only done it one time and didn’t know what they were doing was illegal?

Stone: You need to have special software, you need to find a torrent file, and when you find it, it's within a large index of obviously copyrighted content. The innocent infringer? We don't see it happen. Not only are they copying if for themselves, they’re also distributing it to others.

XBIZ: Is it possible to catch all of the infringers?

Stone: I don’t think it’s possible. It’s very costly and there are also foreign jurisdictions we would have to deal with. It really is a tedious and difficult task to fight all the piracy, but it’s the only option we have left to be able to recoup actual revenue that’s been stolen for years.

XBIZ: A group of senators have recently introduced a bill that would give the Justice Department power to shut down illegal-file sharing sites. What do you think about that?

Stone: I’m excited about it. If the proper checks and balances are put into place, I think it’ll be fantastic.

XBIZ: What do you say to those people who say the bill amounts to nothing more than censorship?

Stone: Whatever system is set up should have checks and balances and should stay within the guidelines of due process.

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 Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Curves Ahead: How BBW Creators are Turning Differentiation Into Competitive Advantage

For centuries, curves have been celebrated as a symbol of beauty, sensuality and power. From the soft opulence of Rubens paintings to the glamorous silhouettes of pinup icons, fuller figures have long occupied a place in art, fashion and fantasy.

Woodhull Freedom Foundation to Host Virtual 'Pride' Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting a Pride Month virtual edition of its series “Fact Checked by Woodhull.”

'InMelanin' Relaunches Through PAYSITE

InMelanin.com has officially relaunched through PAYSITE.

Pearl Industry Network Partners With Takedown Piracy

Industry trade group Pearl Industry Network (PiN) has officially partnered with Takedown Piracy.

Hollywood Reporter Spotlights XBIZ Miami in Feature on Fan Platforms

Last month's XBIZ conference serves as the setting for a new Hollywood Reporter feature examining the competitive fan platform market.

F2F, Image Angel Launch 'Forensic Watermarking' for Traceability

Friends2Follow (F2F) and Image Angel have partnered to launch a new traceability solution to combat unauthorized content sharing with the use of forensic watermarks.

EU Court: France Can Require Foreign Sites to Implement AV

The European Union’s Court of Justice ruled on Tuesday that France may require pornographic websites based in other EU states to implement age verification in accordance with French law, as long as France follows EU electronic commerce rules.

LoyalFans Announces 'Group Walkthrough' Online Event Series

LoyalFans has announced its new “Group Walkthrough” online event series for creators, taking place every Tuesday and Thursday.

Show More