Judge Issues Strongly Worded Order Denying X-art.com Subpoena Power

NEW YORK — In a strongly worded order yesterday, a federal judge denied a motion by the operators of X-art.com to subpoena a John Doe defendant accused of sharing its movies through BitTorrent.

In his order and opinion, U.S. District Judge Alvin Hellerstein denied expedited discovery in the case, which would have allowed X-art to send a subpoena to Time Warner Cable ISP to learn the actual identity of Doe, saying the porn company failed to show “good cause” in its request.

Hellerstein noted X-art’s “history of abuse of court process” and said that its operators, husband-wife team Brigham and Collette Field, are a “prolific litigant,” noting that the porn company whose corporate name is Malibu Media was responsible for 38 percent of all copyright lawsuits in the U.S. between January and May 2014.   

Its corporate strategy, Hellerstein said, relies on aggressively suing for infringement and obtaining accelerated discovery of the IP address holder's identity from the ISP.

“It then seeks quick, out-of-court settlements which, because they are hidden, raise serious questions about misuse of court procedure,” Hellerstein said.

Hellerstein said that X-art “effectuates its strategy by employing tactics clearly calculated to embarrass defendants” and that it has a history of being sanctioned for sending out demand letters that included racy and lewd titles “to coerce larger, faster settlements by further shaming defendants.”

A lower court sanctioned X-art when it learned that it did not even own the copyrights for the titles listed in the letters, he noted.

In the case involving Doe, the defendant was accused of downloading and sharing over the Internet a large file containing 127 movies owned by X-art, including such titles as “Cum In Get Wet” and “Tie Her Up For Me.”

Hellerstein, in his order denying X-art subpoena power, said there is no doubt that online piracy of digital media is a major problem today, and ordinarily, the federal court system provides litigants “with some of the finest tools available to assist in resolving disputes."

“Those tools can empower copyright owners to enforce their rights, but they are also capable of being used as instruments of abuse,” he said. “Where abuse is likely, as it is here, courts should not make those tools available without careful scrutiny.”

View Judge Hellerstein's order

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

Brazilian Adult Industry Association ABIPEA Launches

Brazilian Association of the Adult Entertainment Industry and Professionals (ABIPEA) has officially launched its organization.

New Adult Social Media Platform 'Havven' Opens Beta Phase

Havven, a new adult social media platform, has opened its beta phase and will officially launch Oct. 5.

Former Backpage CEO Carl Ferrer Sentenced to 3 Years Probation, $40,000 Fine

Former Backpage.com CEO Carl Ferrer was sentenced in federal court today to three years' probation and a $40,000 restitution fine for a conspiracy conviction related to money laundering through the defunct website.

Pineapple Support to Launch 'Wellbeing by PS' Initiative

Pineapple Support has announced its Wellbeing by PS initiative, naming new team member Amber Madden to head the project.

Playboy Wins $81 Million Judgment in Chinese Licensing Arbitration

Playboy Inc. was awarded $81 million in damages on Monday by the Hong Kong International Arbitration Centre, in a licensing dispute with former partner New Handong Investment (Guangdong) Co. Ltd.

GirlsDoPorn Owner Michael Pratt Sentenced to 27 Years

Michael Pratt, former owner of the website GirlsDoPorn, has been sentenced to 27 years in federal prison.

TrustyFans Introduces New Blog

Creator directory TrustyFans has introduced an official blog to its site, titled "From Hidden to Hype."

JustFor.fans' Dominic Ford Featured in Wired Magazine

JustFor.fans Founder and CEO Dominic Ford is featured in a new article in Wired Magazine, titled "The Internet Revolutionized Porn. Age Verification Could Upend Everything."

Dr. Charlotte Gaydos Joins ProDx Health Advisory Board

Dr. Charlotte Gaydos has joined the Advisory Board of ProDx Health.

Aylo Fined $5 Million as FTC, Utah Settle Safety Practices Complaint

The Federal Trade Commission and the state of Utah on Wednesday settled a complaint against Aylo, requiring the company to pay a $5 million penalty and implement measures to prevent illegal content from appearing on its sites.

Show More