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 © 2026 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

Kansas Plaintiff Drops Chaturbate AV Suit, Revamps SuperPorn Complaint

The plaintiff in a lawsuit alleging that cam platform Chaturbate violated Kansas’ age verification law has voluntarily dismissed that action, while retooling a similar complaint against adult site SuperPorn.

AV Bulletin: Loopholes and Lawsuits

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Utah 'Porn Tax' Bill Will Head to Governor's Desk

A bill that would tax adult websites and make them liable if minors circumvent geolocation has passed the Utah state legislature and will soon head to the office of Gov. Spencer Cox for signature or veto.

Pornhub to Restrict Access in Australia as AV Rules Take Effect

Pornhub parent company Aylo will restrict access to its free video-sharing platforms in Australia in response to new age verification regulations, the company confirmed Thursday.

House Committee Approves Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce on Thursday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

Federal Judge Orders Refunds for Companies That Paid Trump Tariffs

A judge for the U.S. Court of International Trade on Wednesday ordered U.S. Customs and Border Protection to refund duties paid under the Trump administration’s sweeping program of tariffs.

House Committee to Weigh Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce will meet Thursday to consider and potentially amend the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

FSC Launches Privacy-First Age Verification Solution for Members

The Free Speech Coalition (FSC) announced today that it has granted members exclusive access to the PrivateAV age verification solution.

Brazil: New AV Requirements Set to Take Effect March 17

President Luiz Inácio Lula da Silva this week gave final approval to new regulations requiring adult websites to age-verify users located in Brazil starting March 17.

Show More