Mass Porn BitTorrent Case Shot Down, 5,010 Does Severed

SAN FRANCISCO — A federal judge this week severed 5,010 John Doe defendants from a single porn BitTorrent case, leaving only one defendant to fight infringement charges leveled over allegedly sharing On the Cheap's "Danielle Staub Raw."

U.S. Judge Bernard Zimmerman, in his order severing the Does, said that mass copyright litigation against defendants scattered all over the country is a “logistical nightmare” for the courts and violates the "principles of fundamental fairness" to defendants.

"[P]laintiff’s desire to enforce its copyright in what it asserts is a cost-effective manner does not justify perverting the joinder rules to create the management and logistical problems discussed above and then offer to settle with Doe defendants so that they can avoid digging themselves out of the morass plaintiff is creating," Zimmerman ruled.

The federal judge noted that the Does are mostly out-of-state and out-of-district defendants and that they "are left with a decision to defend themselves in San Francisco or hire an attorney to do so. This does not comport with the “principles of fundamental fairness.”

Zimmerman also noted that other courts have taken his posture and discretion on a number of BitTorrent suits brought on by porn companies Titan Media Group, Diabolic Video Productions, MCGIP, Hard Drive Productions and Burning Angel, which all have alleged in cases that Doe defendants act in concert.

"Most recent decisions on this issue have concluded that the use of the BitTorrent protocol does not distinguish these cases from earlier rulings in P2P cases in which courts found that joining multiple Doe defendants was improper since downloading the same file did not mean that each of the defendants were engagaed in the same transaction or occurrence," Zimmerman wrote. "I agree with the views expressed by these courts and find that the plaintiff has not established that joinder ... ."

Zimmerman, in a footnote, said that a previous Burning Angel decision also was "particularly helpful" in reaching his decision.

In that case, "the court was not persuaded by the copyright holder's argument ... that all of the defendants were involved in the same transaction because each one of them joined the same 'swarm' to download or distribute the copyrighted movie and were therefore acting in concert."

"[The Burning Angel case] found that the large gap of time — six weeks — between the alleged infringement act of the first Doe and the last Doe showed that the defendants may not have beeen cooperating with each other," Zimmerman wrote, "The same is true for this case since Doe No. 1's infringing act allegedly happened on June 19, 2010, while Doe No. 5011's infringing act took place almost seven weeks later on Aug. 6, 2010."

Zimmerman said in his ruling that On the Cheap, as well as Beverly Hills, Calif., counsel Ira Siegel, earlier received the court's green light for expedited discovery so it could identify and serve the Does, but that it did so in nefarious fashion.

"Plantiff appears to have used the information from the subpoena for a different purpose: to extract settlements from out-of-state defendants by notifying them that they have been used in California, knowing that it is highly unlikely that many of them will be amenable to suit in California," Zimmerman wrote.

Zimmerman ordered On the Cheap to notify by Sept. 22 every Doe defendant, with the exception of one, that their case has been severed and dismissed.

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

Free Speech Coalition Appoints Megan Stokes to Board of Directors

The Free Speech Coalition (FSC) announced today that it has appointed Megan Stokes to its Board of Directors.

FansRevenue Acquires DivaTraffic

FansRevenue has acquired web traffic service DivaTraffic.

AEBN Announces Peter Green as Top Male Boy/Girl Performer for Summer 2025

AEBN has revealed its top 10 male Boy/Girl performers for summer 2025, with Peter Green landing atop the leaderboard.

Spicey AI Relaunches Site, Debuts $Spicey Tokens

Interactive voice chat platform Spicey AI has relaunched its website and introduced $Spicey tokens.

FSC: Missouri Age Verification Rule Will Not Take Effect August 30

The Free Speech Coalition (FSC) announced that Missouri's proposed age verification legislation will not take effect on August 30, as it had originally estimated.

Little Caprice, Marcello Bravo to Co-Host 2025 XMA Europa Awards

XBIZ is pleased to announce that husband-and-wife duo Little Caprice and Marcello Bravo will co-host adult’s biggest night in Europe: the 2025 XMA Europa Awards on Sept. 4, in the epic climax to XBIZ’s fall events series.

Germany Will Block Payments to AV-Noncompliant Adult Sites as of Dec. 1

Starting Dec. 1, Germany will implement new rules prohibiting financial institutions from providing payment services to adult sites deemed to have inadequate age verification systems and making it easier for the government to target websites mirroring the content of such sites.

Jerkmate Joins Pineapple Support as Partner-Level Sponsor

Jerkmate has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

FSC Launches Age Verification Toolkit for Adult Websites

The Free Speech Coalition (FSC) announced today that it has launched a comprehensive toolkit to help adult websites navigate age verification laws.

Romero Mr. Alien to Present XBIZ Talk at Amsterdam Conference

XBIZ is pleased to announce that noted producer/director Romero Mr. Alien, the impresario of the XMAs award-winning studio Hentaied, will present an exclusive talk at next month’s Amsterdam conference.

Show More