Judge Wary of Geolocation Technology in Porn Piracy Case

MIAMI — A Miami federal judge, familiar with the hundreds of porn piracy cases that have found their way and clogged her district's courtrooms, tossed one of them last week on the basis that she didn't buy into the geolocation technology that purportedly was used to finger an alleged infringer.

The case involves serial plaintiff Malibu Media, the parent company of X-Art.com, in the pursuit of one John Doe defendant. The adult entertainment company, at XBIZ post time, has filed more than 1,950 civil cases against individuals and groups of individuals for copyright infringement via peer-to-peer file-sharing sites in the past year and a half.

Malibu Media argued in its case against Doe that its investigator used geolocation technology that "has always been 100 percent accurate when traced to the Southern District of Florida."

But U.S. District Judge Ursula Ungaro threw out the case against Doe, identified by Malibu Media as the user at a certain IP address. In her two-page decision that dismissed and closed the case, she said that Malibu Media has not shown how the geolocation software can establish the identity of defendants.

"There is nothing that links the IP address location to the identity of the person actually downloading and viewing plaintiff’s videos, and establishing whether that person lives in this district," Ungaro ruled. "For example, when arguing that this IP address is not a coffee shop or open Wi-Fi network, [Malibu Media] points to the timing of the alleged infringement and the fact that the Internet service provider typically provides Internet to residences.

"[Malibu Media] then argues that a coffee shop owner could possibly identify the defendant.  Even if this IP address is located within a residence, the geolocation software cannot identify who has access to that residence’s computer and who would actually be using it to infringe [Malibu Media's] copyright."

Ungaro also said that Malibu Media hadn't established good cause as to why the action should not be dismissed for improper venue.

Related:  

Copyright © 2023 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

Conservative Crusader Reveals Plan to Use Civil Lawsuits to Ban Adult Content Online

The leader of the American Principles Project (APP), a well-funded, anti-porn conservative lobby, said Wednesday that the ultimate aim of the age verification laws currently being passed in various states is to create a private right of action, so that parents could directly sue online companies if their children are able to access adult content.

MYLF Releases 2nd Installment of 'Empty Nest'

MYLF has released the second scene from its latest feature, "Empty Nest," starring September MYLF of the Month Jennifer White.

Nominations Open for 2023 Fleshbot Awards

The nomination period is now underway for the 2023 Fleshbot Awards, sponsored by Streamate and Streamen.

Court Blocks California's Controversial 'Age-Appropriate Design Code Act'

A federal judge on Monday issued an injunction blocking the California attorney general from enforcing the controversial California Age-Appropriate Design Code Act (CAADCA), which was passed last year after lobbying from a British baroness.

Stormy Daniels Directs, Stars in 'Redemption' From Adam & Eve

Stormy Daniels has made her debut behind the camera for Adam & Eve Pictures with the release of the western feature "Redemption."

Krystal Sparks, Ember Snow Star in Latest Installment of 'Women Seeking Women'

Krystal Sparks and Ember Snow star in the 194th installment of "Women Seeking Women," from Girlfriends Films.

Ana Foxxx, Ariel Demure Headline Aiden Starr's 'PansexualX Porn Crush 6'

Ana Foxxx and Ariel Demure topline director Aiden Starr's "PansexualX Porn Crush 6," from Evil Angel.

Anissa Kate Stars in 'Hardcore Superstars' From Hard X

Anissa Kate headlines "Hardcore Superstars," the latest release from XEmpire studio brand Hard X.

Demi Hawks Toplines 'Mixed Family 6' From Family Sinners

Demi Hawks headlines "Mixed Family 6," from Mile High Media studio brand Family Sinners.

CAM4 Launches Creator Platform FAN5

CAM4 has launched its new subscription-based fan platform, FAN5.

Show More