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

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Industry Photographer, 'Payout' Founder Mike B Passes Away

Longtime industry photographer and publisher Michael Bartholomey, known widely as Mike B, passed away Saturday.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

AdultHTML Launches Black Friday Web Design, Development Promo

AdultHTML has launched its annual Black Friday/Cyber Monday promo for web design and development, running through Dec. 5.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts Pornhub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) has issued a notice that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Show More