First Time Video Gets Green Light in BitTorrent Lawsuit

CHICAGO — First Time Video was given the green light to proceed with its BitTorrent lawsuit against hundreds of people it said had pirated its content.

The Nevada-based company filed suit last year against 500 unknown defendants for infringing on its copyright.

First Time subpoenaed ISPs in an effort to smoke out the illegal poachers, but when the ISPs served its users, 21 of them moved to quash, four moved to dismiss and eight moved to sever.

The company decided however to dismiss certain defendants in June, taking some of the steam out of the suit.

U.S. District Judge Ruben Castillo rejected the remaining motions last week and said that the quash motions did not request the kind of privileged information protected by the federal rules or the Constitution.

Citing a precedent, Castillo wrote, "Anonymous speech does not enjoy absolute protection. Indeed, copyright infringement is not protected by the First Amendment.”

The Judge maintained that "a BitTorrent user may be express himself or herself through the files selected and made available to others in a manner that may be entitled to First Amendment protection," according to the 23-page ruling.

The defendants' motion also relied on the Electronic Communications Privacy Act, under which "a person or entity providing an electronic communication service to the public shall not knowingly divulge the contents of a communication."

Castillo said that although “the putative defendants’ First Amendment right to anonymous speech on the internet is implicated,”  the “courts have consistently held that Internet subscribers do not have a reasonable expectation of privacy in their subscriber information, as they have already conveyed such information to their ISPs."

The court also rejected the defendants' plea that the subpoenas would subject them to undue burden.

Another attempt to sever by the defendants can be filed at a later date, the court ruled.

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

AV Bulletin: Age Verification Hits the Mainstream, Ofcom Sets a Date

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the country. In the meantime, state legislatures continue to weigh and pass AV bills, AV tech providers continue to tout their services, and legal challenges continue to play out in the courts — with some cases on hold pending the SCOTUS ruling in Paxton.

Arcom Reports Age Verification Enforcement Actions Against 5 Adult Sites

French media regulator Arcom released a statement Tuesday detailing recent actions to enforce age verification rules as set forth under France’s Security and Regulation of the Digital Space (SREN) law.

Ron Jeremy's Accusers Reach Settlement With Rainbow Bar & Grill

The Rainbow Bar & Grill has reached confidential settlements with a group of women who filed a negligence lawsuit against the Sunset Strip restaurant over alleged sexual assaults committed by Ron Jeremy, according to Rolling Stone.

Sportsheets Joins FSC as Gold Member

Sportsheets has joined Free Speech Coalition (FSC) as a Gold-level member.

AV Bulletin: Two End Runs, Two Failed Bills

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the country. In the meantime, state legislatures continue to weigh and pass AV bills, AV tech providers continue to tout their services, and legal challenges continue to play out in the courts — with some cases on hold pending the SCOTUS ruling in Paxton.

FSC Helps Defeat Colorado AV Bill

Free Speech Coalition (FSC) has announced that, with its help, Colorado's recently introduced age verification bill has been defeated.

Missouri AG Bypasses Legislature, Declares Age Verification Rule

Missouri Attorney General Andrew Bailey on Wednesday announced a new state regulation requiring adult sites to implement age verification of users, bypassing the legislative process in a strategy not seen before in state-level efforts to mandate age verification.

Attorney Corey D. Silverstein Launches 'Q&A Series' on Social Media

Adult industry attorney Corey D. Silverstein has launched a Q&A series on his social media platforms.

'Over the Top' North Carolina Bill Could Play Havoc With Adult Sites

A bill filed in the North Carolina state Assembly on Monday would impose new rules that industry observers warn could push adult websites and platforms to ban most adult creators and content.

Swedish Government Proposes Ban on Purchasing 'Remote' Sexual Services

The Swedish government has asked the country’s Parliament to amend Swedish law so that current laws against purchasing sexual services would also apply to acts performed remotely by cammers, streamers and custom content creators.

Show More