Prenda Law's 'Copyright Trolling' Operation Blasted at the 9th Circuit

PASADENA, Calif. — A 9th U.S. Circuit Court of Appeals panel today heard an appeal made by the now-defunct “copyright trolling” Prenda Law Firm, which two years ago was ordered to pay $81,000 in sanctions after a federal judge ruled that it engaged in fraud while coercing those who allegedly downloaded porn videos illegally into financial settlements.

The appeal has its roots in an order made by U.S. District Judge Otis Wright, who said in a May 2013 opinion that Prenda Law, along with attorneys John Steele, Paul Duffy and Paul Hansmeier, “outmaneuvered the legal system" in their porn piracy cases representing adult companies AF Holdings LLC and Ingenuity 13 LLC, purportedly started up by the law firm.

Wright in his May 2013 order said he found evidence of forgery in the assignee of the copyrights of the adult entertainment movies.

His lower court ruling said that Prenda Law and its attorneys should not only be sanctioned but also held accountable over possible federal racketeering violations and probed over their tax returns, among other disciplinary measures.

In today’s hour-long oral argument, Daniel Voelker, Prenda Law’s appellate attorney, said that the copyright trolling firm was denied due process with the $81,000 in punitive sanctions by Wright.

Prenda Law, with the appeal, posted a $250,000 bond that will go to defense attorney Morgan Pietz and a John Doe client if it loses. Voelker has asked the 9th Circuit to either dismiss the case involving the sanctions or remand the case back to the lower court without sanctions.

In his argument, Voelker said that Wright punished the firm and its attorneys for invoking their 5th Amendment right.

But 9th Circuit Judge Harry Pregerson said that Wright “got on it and started thinking about” Prenda Law’s “clever scheme.”

“He smelled a rat, didn’t he?” Pregerson asked Voelker about Prenda Law’s operations.

Pregerson noted that Wright went through five similar cases involving Prenda Law and “found the same operation going on” and he probably said, “'Things don’t look right' … and one thing leads to another. He’s an old Marine Corps drill instruction, and he was checking things out and hit on it.”

Pregerson early on began reading Prenda Law’s threat letters to porn downloaders that had been entered into evidence. The letters asked for a $3,400 payment in order to avoid being named in a federal lawsuit over the content.

"This was a very clever scheme they were involved in,” Pregerson said. “Buy several copyrighted [adult movies], then seed the Internet and find addresses. Then they used our court system for illegal purposes to extort money; they used our discovery system."

Voelker said that Prenda Law should prevail in the appeal and that the sanctions should be thrown out entirely because the firm wasn’t given the opportunity to defend themselves after its attorneys invoked the 5th Amendment. He said that Wright imposed criminal contempt penalties without extending criminal contempt procedural protections.

"The entire proceeding was tainted," Voelker said. "Mark Lutz, the CEO of Ingenuity 13, was not allowed to testify. As soon as they asserted their 5th Amendment rights, the judge stopped the proceeding.

"My clients want their day in court, with procedural protections. There was no due process.”

Pietz, in his arguments before the three-judge panel, said that testimony from Lutz wouldn’t have amounted to very much.

"Lutz was a paralegal for [Prenda Law]," said Pietz. "This notion that he went from a humble paralegal at Prenda to the mastermind overseeing shell companies, and overseeing 20 lawyers across the country — it doesn’t hold water."

Listen to today’s appellate hearing in Paul Hansmeier vs. John Doe here.

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

Australian eSafety Commissioner Demands Stricter Child Protection Codes

Australia’s online safety regulator, eSafety, is once again reviewing a “final” draft of industry codes to protect children from pornography and other age-inappropriate content, after eSafety Commissioner Julie Inman Grant rejected the previously announced “final” codes as insufficiently stringent.

Liz Flynt Debuts 'Hustler: 50 Years of Freedom' Book

Liz Flynt has released her new retrospective book, “Hustler: 50 Years of Freedom.”

Nerdgasm: A Look at the Naughty Side of Pop Culture Geekdom

From “Call of Duty” to cosplay, from tabletop dice rolls to dungeon-inspired dirty talk, the worlds of geek fandom and fantasy are no longer confined to the basement. They’ve kicked down the door, shed the “Firefly” tee and gone full frontal.

Kyrgyzstan Parliament Moves to Outlaw Internet Pornography

A parliamentary committee of the Supreme Council of Kyrgyzstan on Tuesday approved a measure to outlaw online adult content in the country.

Sweden Bans Purchase of 'Remote' Sexual Services

The Riksdag, Sweden’s parliament, has approved a proposal to criminalize purchasing sexual services performed remotely by streamers and custom content creators.

Asa Akira to Deliver XBIZ Talk at Miami Conference

XBIZ is pleased to announce that decorated performer, Pornhub brand ambassador, and author Asa Akira is set to deliver an exclusive talk at XBIZ Miami.

JustFor.fans Launches 'Fentanyl Test Strip' Initiative

JustFor.fans (JFF) has launched a test strip initiative to combat the nationwide fentanyl crisis.

2025 XBIZ Miami Speaker Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 19-22 at the Nautilus Sonesta Miami Beach hotel in South Beach.

AV Bulletin: Arizona's About-Face, What New Laws Mean for Adult

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 United States. In the meantime, state legislatures continue to weigh and pass AV bills, the U.K. and the EU are moving ahead with their own AV mandates and strategies, and legal challenges continue to play out in U.S. courts — with some cases on hold pending the SCOTUS ruling in Paxton.

Million Billion Media Launches New Website

Management and PR agency Million Billion Media (MBM) has launched a new website.

Show More