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 © 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

Penthouse Names Hazel Winters August's 'Pet of the Month'

Penthouse Magazine has named Hazel Winters as Pet of the Month for August.

Bree Mills Wraps Production on Pure Taboo Thriller 'The Secrets We Share'

Adult Time has announced that production has wrapped on the thriller, "The Secrets We Share," written and directed by studio CCO Bree Mills.

Evil Angel Drops Angelo Godshack's 'Hardcore Gangbangs 4'

Evil Angel has released director Angelo Godshack’s “Hardcore Gangbangs 4.”

European Commission to Assess Pornhub, XVideos, XNXX Compliance With Digital Services Act

The European Commission plans to conduct a study to determine how well adult sites Pornhub, XVideos and XNXX are addressing illegal content and other potential harms under the EU’s Digital Services Act.

Sabien DeMonia Stars in Latest From Brazzers

Sabien DeMonia stars with Jordi El Nino Polla and Danny D in the latest release from Brazzers, titled “Double Stuffed Sabien.”

Connie Perignon Makes Her Deeper Debut

Connie Perignon has made her debut for Vixen Media Group (VMG) studio imprint Deeper, alongside Kazumi and Anton Hardon in “Bare Witness.”

German Higher Court Upholds Ban on PornHub, YouPorn

The Higher Administrative Court of Rhineland-Palatinate on Thursday upheld a “network ban” on Aylo-owned adult sites Pornhub and YouPorn for failing to comply with German age verification regulations.

Kaci Kennedy Makes Her WIFEY Debut

Creator Kaci Kennedy stars with her husband Dakota Sexton and Chocolate Rod in the latest release from Vixen Media Group studio imprint WIFEY.

Bad Bella Makes Her New Sensations Debut

Bad Bella has made her New Sensations debut, starring alongside Danny Mountain.

Alabama Notifying Adult Sites of New Tax Set to Take Effect Sept. 1

The Alabama Department of Revenue has begun sending notices to adult site operators about a new 10% tax on their revenues, set to be enforced starting Sept. 1.

Show More