Q&A: Attorney Evan Stone Wants Pirates to Pay

DALLAS, Texas — Representing Lucas Entertainment, VCX, Mick Haig Productions, LFP Internet Group and others, it’s been a busy year for Dallas attorney Evan Stone.

In fact, there have been more lawsuits filed in 2010 than ever before on behalf of various adult companies and Stone is leading the way in a new strategy that he says will change the way adult operators go after those who infringe on their copyrights.

XBIZ spoke exclusively with Stone, who is currently on his fifth bit torrent lawsuit to date, about his methodology and the changing face of copyright infringement lawsuits.

XBIZ: Why has the adult industry seen such an increase in copyright infringement lawsuits and how did this all come about?

Evan Stone: Well, in the past, the motion picture and the recording industries haven’t conducted their lawsuits in a cost-effective way. This year, all of these defendants engaged in specifically, bit torrent piracy and these kinds of lawsuits significantly cut down the cost of litigation. I asked someone who already worked in adult if the company would be interested in this kind of approach and they were.

XBIZ: What exactly is the process if a studio suspects infringement?

Stone: Sometimes, people at the studios are well aware of the infringement. If they’re aware of it then they’ll let us know about it. Once we are made aware of the infringements, we engage a company to validate and record the infringement. What they see is a long list of IP [Internet Protocol] addresses which leads them to the service providers. Then we file a federal infringement lawsuit against the infringers [John Does].

The court has to grant permission to conduct discovery regarding who those individuals are. This is not a fast-track method, but you can join all the defendants in one lawsuit because they were all reproducing and distributing pieces of the same film to each other at the same time. It costs $350 just to file. We do it on a contingency basis, so there are no out-of-pocket expenses for the studios.

XBIZ: In your attempts to stop the infringers, you’ve also sent letters, how effective has that approach been?

Stone: After years of sending cease and desist letters to no avail and getting nowhere, we now sue and send demand letters for unlawful distribution.

XBIZ: Once you identify the infringer, what happens then?

Stone: We usually ask people for $1,500 to settle out of court. Statutory damages begin at $750 and go up to $150,000 per work infringed. Most of the time, the damage is much greater than $1,500. The number of defendants we have represent only 5-10 percent of the people who have pirated the films.

XBIZ: What about the people who claim they’ve only done it one time and didn’t know what they were doing was illegal?

Stone: You need to have special software, you need to find a torrent file, and when you find it, it's within a large index of obviously copyrighted content. The innocent infringer? We don't see it happen. Not only are they copying if for themselves, they’re also distributing it to others.

XBIZ: Is it possible to catch all of the infringers?

Stone: I don’t think it’s possible. It’s very costly and there are also foreign jurisdictions we would have to deal with. It really is a tedious and difficult task to fight all the piracy, but it’s the only option we have left to be able to recoup actual revenue that’s been stolen for years.

XBIZ: A group of senators have recently introduced a bill that would give the Justice Department power to shut down illegal-file sharing sites. What do you think about that?

Stone: I’m excited about it. If the proper checks and balances are put into place, I think it’ll be fantastic.

XBIZ: What do you say to those people who say the bill amounts to nothing more than censorship?

Stone: Whatever system is set up should have checks and balances and should stay within the guidelines of due process.

Copyright © 2024 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

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More