Titan BitTorrent Suit Alleges Civil Conspiracy

SAN FRANCISCO — Titan Media, in a recent suit against 435 anonymous BitTorrent users, has added another layer to allegations in its copyright infringement complaint — one that to date has not been used in a suit against porn file sharers.

Titan charges the 435 John Does who used eDonkey2000 since last March to download its movies are guilty of civil conspiracy, as well as infringement. Titan has asked a federal judge to seek the identities of the targeted Does through their ISPs.

Titan, in the complaint, said that the targeted eDonkey2000 users made their Titan films available in anticipation of receiving other infringing copies of copyright protected works in exchange.

"Defendants, and each of them, conspired with the other defendants by agreeing to provide infringing reproductions of various copyright protected works, including [Titan's] works, in exchange for infringing reproductions of other copyright protected works, including [Titan's] works," the suit said.

The suit said the 435 John Does stole much of Titan's catalog, including the films "Alabama Takedown Arcade On Route 9," "WoodsMen," "White Trash," "Warehouse," "Tourist Trade," "Tough Guys," "Toolbox," "Tinderbox," "The Road To Redneck Hollow," "The Chest Telescope," "Tag Team," "Swell," "Summer Blaze," "Surprise Package," " Spy Quest 2" "SideEffects," "Naked Escape" and "Mens Room II," among others.

Titan Media General Counsel Gil Sperlein told XBIZ that adding conspiracy charges is nothing new, but putting it into a BitTorrent complaint perhaps is.

"The truth is these individuals work together to engage in massive infringement," he said. "They all agree that they will trade infringing files with others, but only if they receive infringing files in return."