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 © 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

Arcom-Targeted Sites Implement Age Verification in France

Five high-traffic adult websites based outside of France have implemented age verification as required under the nation’s Security and Regulation of the Digital Space (SREN) law, after receiving warnings from French media regulator Arcom.

Goddess Lilith Launches 'Adultpreneurs' Networking Site

Goddess Lilith has launched Adultpreneurs, a new community and networking site.

Leilani Li, Arson Leigh Star in Latest From Kink.com

Leilani Li and Arson Leigh star with Baxxx in the latest release from Kink.com's KinkTrans studio brand, titled "Open Your Hole, Fuckmeat!"

Adult Venue Marketplace 'FckSpace' Launches

The adult venue marketplace FckSpace has officially launched.

Chloe Amour, Katerina Karson Topline 'Mom's Lesbian Lover'

Chloe Amour and Katerina Karson headline "Mom’s Lesbian Lover," from Girlfriends Films.

Freya Von Doom Leads Latest From TeamSkeet

Freya Von Doom stars with Juan Largo in a new scene for TeamSkeet’s “Freaky Fembots” series.

Brazzers Premieres Limited Series 'The Three Fucks of Christmas'

Brazzers has released the first installment of its new limited series, "The Three Fucks of Christmas."

Elise London Performs 1st Girl/Girl in Latest From Girlsway

Elise London has performed her first girl/girl scene opposite Lilibet Saunders in the latest Girlsway release, titled “Spooned by StepMommy.”

Proxy Paige Drops New Evil Angel Release With Siswet

Siswet stars in a new Proxy Paige-helmed Evil Angel scene.

Selina Bentz Makes Her New Sensations Debut

Selina Bentz has made her New Sensations debut, starring alongside Gunnar Bishop.

Show More