Attorney Evan Stone Fined $10K Over 'Improper' Subpoenas

DALLAS — A federal judge has fined attorney Evan Stone $10,000 for sending out subpoenas before getting court approval.

But Stone told XBIZ he plans to appeal the ruling and said that people have lost sight of why these BitTorrent suits are happening in the first place.

"Years ago, we in the entertainment industry made a deal with the nation’s largest Internet service providers," Stone said. "Part of this deal stated that we wouldn’t sue ISPs for unlawfully distributing content through their networks [at the behest of their customers] provided that the ISPs would help us identify the individuals engaged in these unlawful activities.  The problem now is that the ISPs have welshed on their end of the deal."

Stone, who earlier this year filed a BitTorrent lawsuit at U.S. District Court in Dallas targeting 670 John Does on behalf of Mick Haig Productions , asked the court to allow him to send out subpoenas to Internet service providers to find out the identities of the infringers.

But the court never made a ruling on the request and instead ordered the ISPs to store the information for a later date.

Stone said that the only alternative seems to be is to file a federal lawsuit and obtain a court order specifically granting discovery that IPSs had originally promised to comply with on their own volition. 

"This 'sue first and ask questions later' approach we are left is far from ideal for everyone involved, but the copyright holder’s right to conduct discovery to identify wrongdoers should not be in question," Stone said.

The Electronic Frontier Foundation represented the defendants in the case and asked the court to disallow subpoenas seeking the identities of the accused Does.  The judge ruled that Stone was not to send out any subpoenas until after the court ruled if it was proper to do so.

However, Stone sent out the subpoenas anyway, and began identifying individuals, even though the court had not ruled if it was proper.

By serving invalid subpoenas, Stone necessarily, “imposed an undue burden or expense on each ISP and the putative Does,” the court said. “To say that the subpoenas imposed an undue burden on their targets fails to capture the gravity of Stone’s abdication of responsibility because Stone obtained information that he had no right to receive.”

Stone was ordered by the court to pay $10,000 in sanctions and take remedial steps outlined by the judge.

"Discovery can, most certainly, be guided by the court," Stone said. "But for an order to be issued at the outset of a case that discovery itself should be opposed continues to perplex me."

Stone added that Congress had some notion of the "volume of piracy we would be experiencing now and noone, even today, could suggest with a straight face that the simple, essential step of matching an account holder to an IP address merits the scrutiny of a federal judge every time someone unlawfully downloads the content of another.  That scrutiny should be reserved for the merits of the 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

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

FSC: Age-Verification Laws Go Into Effect in South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Ofcom: More Porn Providers Commit to Age Assurance Measures

A number of adult content providers operating in the U.K. have confirmed that they plan to introduce age checks in compliance with the Online Safety Act by the July 25 deadline, according to U.K. media regulator Ofcom.

Show More