U.S. Judge Blocks Porn BitTorrent Suits Filed in W. Va.

MARTINSBURG, Va. — A federal judge has quashed thousands of subpoenas that were requested in seven porn BitTorrent suits, ruling that the cases improperly join mass defendants together.

U.S. District Judge John Preston Bailey, in each of the orders, threw out all of the defendants with the exception of one John Doe for each claim. As a result, 5,462 unnamed defendants have been pared from suits filed by Combat Zone, Elegant Angel, Third World Media and West Coast Productions.

Bailey, in his ruling, said that the cases reeked of misjoinder, finding that it is an " undeniable fact that each defendant will also likely have a different defense."

In each of the cases, Bailey said that he would sever all Doe defendants except the first Doe of each suit. He also said that because so many ISPs were identified with each suit, "[allegations making] the propriety of joinder even more tenuous."

Bailey also said that if plaintiffs' counsel want to proceed they can do so by filing fees for each of the amended complaints, which would be assigned separate civil action numbers, but only if the defendants are located in West Virginia, where the cases were filed.

In the seven cases, Time Warner Cable moved to quash subpoenas seeking the identities of accused filed sharers.

Kenneth Ford of the Adult Copyright Co., which filed the suits, did not immediately respond to XBIZ for comment.

The Electronic Frontier Foundation, which filed amicus briefs in the cases, lauded the judge's ruling, calling it a "big victory in the fight against copyright trolls."

The EFF said that the studios in the seven suits were "abusing the law in an attempt to pressure settlements."

"In these cases — as in many others across the country — the owners of the adult movies filed mass lawsuits based on single counts of copyright infringement stemming from the downloading of a pornographic film, and improperly lumped hundreds of defendants together regardless of where the IP addresses indicate the defendants live," the EFF said in a statement.

"The motivation behind these cases appears to be to leverage the risk of embarrassment associated with pornography to coerce settlement payments despite serious problems with the underlying claims."

The West Virginia order comes on the heels of a ruling by a judge in the District of Columbia earlier this month that dismissed hundreds of individuals from across the country named in the U.S. Copyright Group's campaign due to lack of personal jurisdiction in Washington, D.C.

Copyright © 2025 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

Cameryn Morie Makes Her WIFEY Debut

Cameryn Morie stars with her husband Bobby B. and Alberto Blanco in the latest release from Vixen Media Group studio imprint WIFEY.

Ken Feels Returns to Bellesa House

Ken Feels stars with Aviana Violet in the latest scene from Bellesa House.

Coco Bae Stars in 'Futa's Curse' From Futanari XXX

Coco Bae stars with Matty Mila in “Futa’s Curse,” from Futanari XXX, directed by Mark Zicha.

Elly Clutch Stars in Latest From Ricky's Room

2024 XMAs Female Clip Creator of the Year Elly Clutch stars in the latest release from Ricky's Room, titled "An Aftershock Affair."

Isa Bella, Sage Hunter Topline 'Lesbian Hotwives 3' From Sweetheart Video

Isa Bella and Sage Hunter headline the third volume of "Lesbian Hotwives," from Mile High Media studio imprint Sweetheart Video.

LeWood Drops 5th Volume of 'Anal Crazed'

Evil Angel has released “Anal Crazed 5,” the latest title from director/performer duo LeWood (Francesca Le and Mark Wood).

Remy Rune, Ruby Moon Headline Latest 'Lesbian Seductions'

Remy Rune and Ruby Moon topline the 81st volume of “Lesbian Seductions” from Girlfriends Films.

Mature.nl Taps MsSexySaigon as Producer

Mature.nl has named MsSexySaigon as its newest studio producer.

Ny Ny Lew Returns to Brazzers

Ny Ny Lew stars with multi-XMAs winner Vince Karter in the latest scene from Brazzers, titled “Naughty Ny Ny.”

Digital Playground Premieres Ricky Greenwood's Feature Thriller 'Raw'

Digital Playground has dropped “Raw,” the latest thriller from multi-XMAs winner Ricky Greenwood.

Show More