N.Y. Magistrate Judge Tosses 4 Porn BitTorrent Suits

NEW YORK — Another federal judge has ruled against a number of adult companies seeking to hold John Doe defendants on the hook for alleged copyright infringement via BitTorrent networks.

U.S. Magistrate Judge Gary Brown last week recommended dismissing more than 80 defendants in four porn BitTorrent suits brought on by adult studios K-Beech, Malibu Media and Elegant Angel. Brown said all of the defendants, with the exception of one Doe per suit, should be dismissed.

Brown characterized the four suits involving the Doe defendants as "part of a nationwide blizzard of civil actions brought by purveyors of  pornographic films" and that there are more similar suits — 19 — currently on the docket in his jurisdiction.  

In the consolidated case, Brown said that nearly a half-dozen defendants have raised a panoply of individual defenses, including age, religious convictions, and technological savvy; misidentification of ISP accounts; the kinds of Wi-Fi equipment and security software utilized; and the location of defendant’s router. 

"The individualized determinations required far outweigh the common questions in terms of discovery, evidence and effort required," Brown said. "Thus, swarm joinder complicates these actions, resulting in waste of judicial resources."              

Brown further said that despite the fact that the three studios tout that “joinder in BitTorrent copyright infringement cases has been thoroughly analyzed in 40 reported opinions and has been permitted in district courts across the country,” many of the courts might not have had the resources to make solid legal opinions.

"[D]ue to plaintiffs’ litigation strategy, which includes avoiding review on the merits except at a preliminary, ex parte stage, these determinations were made without any factual record by judges unaware of the highly individualized, fact-specific defenses raised on the motions to quash, or evidence of strong-arm tactics, both of which strongly militate against allowing joinder in these mass actions," Brown said.

Brown also cited "abusive litigations tactics to extract settlements from John Doe defendants" in his reasoning to disallow discovery proceedings by the three studios that have sued for copyright infringement involving the movies "Gang Bang Virgins," "Veronica Wet Orgasm," "Maryjane Young Love" and "Gangbanged."

So far, magistrate judges in California and Illinois have made the same conclusion as Brown's. Brown gave plaintiffs attorneys from the three adult studios until May 15 to object to his order.

View Brown's ruling

Copyright © 2024 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

Justices Alito, Thomas Invoke Victorian-Era Morality Law, Raising Censorship Concerns

Several national publications reported this week on widespread concern among Free Speech advocates after U.S. Supreme Court Justices Samuel Alito and Clarence Thomas repeatedly invoked during a hearing the infamous segregation-era law the Comstock Act, which was the cornerstone of U.S. censorship of sexual material from the 1870s until the 1970s.

TeamSkeet Releases 1st Installment of 'Ripe for the Taking'

TeamSkeet has released the first installment of its latest feature, "Ripe for the Taking," starring TeamSkeet March AllStar Scarlett Alexis.

Skinfluential Management's FansFuel Acquires Fanwire

Creator stats and affiliate marketing platform FansFuel has acquired creator account management tool Fanwire.

Pineapple Support Taps Kasey Kei as Brand Ambassador

Pineapple Support has named veteran performer and content creator Kasey Kei as its latest brand ambassador.

Nebraska AV Bill Moves Forward Despite Privacy, Free Speech Concerns

Nebraska’s unicameral Legislature has given first-round approval to LB 1092, the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Eva Maxim, Katrina Colt Headline 'Cumming to LA' From Cherry Kiss

Eva Maxim and Katrina Colt star with Vince Karter in 2021 XBIZ Europas Female Performer of the Year Cherry Kiss' "Cumming to L.A.," from Evil Angel.

AEBN Celebrates 25th Anniversary

The Adult Entertainment Broadcast Network (AEBN) is celebrating its 25th year in business this week.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still pursue antitrust claims in the future.

Skylar Snow Headlines 'Infidelity 4' From Sweet Sinner

Skylar Snow toplines "Infidelity 4," the latest release from Mile High Media studio brand Sweet Sinner.

Serenity Cox Stars in 'Enjoy It' From MILFY

Serenity Cox stars with Alberto Blanco in "Enjoy It," from Vixen Media Group studio imprint MILFY.

Show More