New Twist in 'Avatar XXX' BitTorrent Suit

DALLAS — A federal judge in Texas has asked another adult company to show cause why the court shouldn't appoint an attorney for a John Doe defendant accused of poaching porn on a peer-to-peer network.

U.S. Judge Royal Furgeson has ordered LFP Internet Group's attorney, Evan Stone, to respond to the order in the case by Feb. 28. Furgeson said he wants Doe represented by counsel before discovery motions.

Stone, of Dallas, waged a suit in October on behalf of LFP, which sued 1,106 BitTorrent users who shared "This Ain’t Avatar XXX 3D,” the blockbuster spoof released in September that had a working budget that was three times that of a normal adult feature.

But the case went awry last week when Furgeson severed 1,105 users in the suit and quashed all of the subpoenas, leaving just one Doe defendant.

"Upon inspection of plaintiffs complaint, the court finds that Doe defendants 2-1,106 have been improperly joined," Furgeson ruled last week. "There are no allegations in plaintiff's complaint that the defendants are in any way related to each other, or that they acted in concert or as a group in their allegedly offending actions.

"The complaint only alleges that each defendant, without the permission or consent of the plaintiff, has used and continues to use BitTorrent software to reproduce and/or distribute plaintiffs motion picture to hundreds of other BitTorrent users."

In the most recent ruling, made yesterday, Furgeson said the Doe in the case is unlikely to have any idea a lawsuit has been filed or that the plaintiff is seeking their identity.

Appointing an attorney for limited purposes is one way to ensure that the Doe receives the same constitutional protections that apply to all litigation defendants.

Furgeson similarly ruled last week in three suits involving adult companies, asking their attorneys to show cause why the court shouldn't appoint counsel for Doe defendants.

Those adult companies include Serious Bidness, which sued 109 for "Kayla Kleevage"; Adult Source Media, which sued 247 for "Hot for Teachers"; and BrokeAmateurs.com, which sued 168 for several scenes.

Stone told XBIZ he sees the recent rulings as a "minor setback" and will ask the court to reconsider them.

"I guess it was my failure for not initially distilling the technological aspects of this unique form of piracy to a more palatable format," Stone said. "Those who understand BitTorrent technology are well aware that it's almost useless without a large group of users working in concert to help each other acquire the same content at the same time. Joinder is absolutely inherent to any BitTorrent case."

Related:  

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

Metart Marks Its 25th Anniversary

Metart is celebrating its 25th year as an adult studio.

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.

Connie Perignon Performs Her 1st Girl/Girl Scene for LesbianX

Connie Perignon has performed in her first girl/girl scene alongside Nicole Doshi, in the latest release from LesbianX, titled "Tasty Holes."

Vanessa Jhons Makes Her TransAngels Debut in 'Poolside Seduction'

Vanessa Jhons and Justin Jett make their TransAngels debuts in “Poolside Seduction.”

Naudi Nala Stars in Latest From TeamSkeet

Naudi Nala stars with Nikki Slick, Nina White and Satine Summers in the latest release from TeamSkeet.

Abby Rose Stars in Latest From Brazzers

Abby Rose stars with Zane Walker in the latest release from Brazzers.

Leilani Li, Haley Reed Star in Latest From Transfixed

Leilani Li and Haley Reed star in the latest release from Transfixed, titled "What Good Roommates Do."

Willow Ryder, Anna Claire Clouds & Baby Gemini Star in Latest From Ricky's Room

Ricky’s Room has released “Party In Willow’s Room” a new orgy scene starring Willow Ryder, Anna Claire Clouds, Baby Gemini, Derek Savage, studio honcho Ricky Johnson and the late Jay Hefner.

Show More