Titan Roadblocked in Porn BitTorrent Lawsuit

SAN FRANCISCO — Titan Media, which hit a roadblock in a BitTorrent suit last week, has vowed to refile it.

A federal judge last week denied a Titan motion to file a first amended complaint against 50 BitTorrent users, earlier whittled down from 435 John Doe defendants, who not only were charged with copyright infringement but civil conspiracy as well.

The ruling continues to leave Titan with only one Doe defendant, known as J.W, in the case.

U.S. Judge Susan Illston said in her order that it would be futile to grant plaintiff leave to amend to file a first amended complaint because it ultimately would be dismissed for improper joinder.

"The vast majority of Does are alleged to have distributed different movies, on different days, at different times," Illston said in the ruling. "The fundamental problem [Titan] faces is that there are no factual allegations to support the assertion that the Doe defendants are connected to the 'same transaction, occurrence or series of transactions or occurrences,' or any facts that show they specifically acted in concert.

Illston noted that the court "is troubled by plaintiff’s motive for seeking joinder of the Doe defendants in one action."

"[Titan's] motive for seeking joinder ... is to keep its own litigation costs down in hopes that defendants will accept a low initial settlement demand," she ruled. "However, filing one mass action in order to identify hundreds of doe defendants through pre-service discovery and facilitate mass settlement, is not what the joinder rules were established for."

Attorney Gill Sperlein, who represents Titan's parent company, the IO Group, said the gay adult studio believed it set forth "unique" claims that make the joinder in the case proper.

"Unfortunately, the court disagreed," Sperlein told XBIZ. "We will analyze the court’s guidance and refile shortly.

"One thing the lawyers representing the defendants in these cases don’t understand — we will not go away. They have every right to make sure plaintiffs follow proper procedures.

"However, if they convince the courts that extra measures are necessary because these claims should be disfavored, the increased expense will ultimately be paid by their clients and other defendants who frankly would have preferred an opportunity to settle quickly and less expensively."

Related:  

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

Luxembourg Rejects Request to Enforce French AV Law

Government officials in Luxembourg have rebuffed a French government request to help enforce France’s Security and Regulation of the Digital Space (SREN) law by taking action against webcam platform LiveJasmin, the Luxembourg Times is reporting.

Jamie Young Relaunches Site Through YourPaysitePartner

Creator Jamie Young has relaunched her official website through YourPaysitePartner (YPP).

American Arrested in Indonesia for Producing, Distributing Porn

An American man is being held for allegedly producing and distributing pornographic content in Indonesia via social media, according to Indonesian national news agency Antara and other sources.

Creator of Hentaied, Parasited Launches New Site 'Vampired'

Romero Mr. Alien, the creator of Parasited and Hentaied, has launched Vampired.com as both a stand-alone paysite and part of the Hentaied.Pro streaming platform.

Australian eSafety Commissioner Demands Stricter Child Protection Codes

Australia’s online safety regulator, eSafety, is once again reviewing a “final” draft of industry codes to protect children from pornography and other age-inappropriate content, after eSafety Commissioner Julie Inman Grant rejected the previously announced “final” codes as insufficiently stringent.

Nerdgasm: A Look at the Naughty Side of Pop Culture Geekdom

From “Call of Duty” to cosplay, from tabletop dice rolls to dungeon-inspired dirty talk, the worlds of geek fandom and fantasy are no longer confined to the basement. They’ve kicked down the door, shed the “Firefly” tee and gone full frontal.

Kyrgyzstan Parliament Moves to Outlaw Internet Pornography

A parliamentary committee of the Supreme Council of Kyrgyzstan on Tuesday approved a measure to outlaw online adult content in the country.

Sweden Bans Purchase of 'Remote' Sexual Services

The Riksdag, Sweden’s parliament, has approved a proposal to criminalize purchasing sexual services performed remotely by streamers and custom content creators.

Asa Akira to Deliver XBIZ Talk at Miami Conference

XBIZ is pleased to announce that decorated performer, Pornhub brand ambassador, and author Asa Akira is set to deliver an exclusive talk at XBIZ Miami.

JustFor.fans Launches 'Fentanyl Test Strip' Initiative

JustFor.fans (JFF) has launched a test strip initiative to combat the nationwide fentanyl crisis.

Show More