N.Y. Magistrate Judge Tosses 4 Porn BitTorrent Suits

NEW YORK — Another federal judge has ruled against a number of adult companies seeking to hold John Doe defendants on the hook for alleged copyright infringement via BitTorrent networks.

U.S. Magistrate Judge Gary Brown last week recommended dismissing more than 80 defendants in four porn BitTorrent suits brought on by adult studios K-Beech, Malibu Media and Elegant Angel. Brown said all of the defendants, with the exception of one Doe per suit, should be dismissed.

Brown characterized the four suits involving the Doe defendants as "part of a nationwide blizzard of civil actions brought by purveyors of  pornographic films" and that there are more similar suits — 19 — currently on the docket in his jurisdiction.  

In the consolidated case, Brown said that nearly a half-dozen defendants have raised a panoply of individual defenses, including age, religious convictions, and technological savvy; misidentification of ISP accounts; the kinds of Wi-Fi equipment and security software utilized; and the location of defendant’s router. 

"The individualized determinations required far outweigh the common questions in terms of discovery, evidence and effort required," Brown said. "Thus, swarm joinder complicates these actions, resulting in waste of judicial resources."              

Brown further said that despite the fact that the three studios tout that “joinder in BitTorrent copyright infringement cases has been thoroughly analyzed in 40 reported opinions and has been permitted in district courts across the country,” many of the courts might not have had the resources to make solid legal opinions.

"[D]ue to plaintiffs’ litigation strategy, which includes avoiding review on the merits except at a preliminary, ex parte stage, these determinations were made without any factual record by judges unaware of the highly individualized, fact-specific defenses raised on the motions to quash, or evidence of strong-arm tactics, both of which strongly militate against allowing joinder in these mass actions," Brown said.

Brown also cited "abusive litigations tactics to extract settlements from John Doe defendants" in his reasoning to disallow discovery proceedings by the three studios that have sued for copyright infringement involving the movies "Gang Bang Virgins," "Veronica Wet Orgasm," "Maryjane Young Love" and "Gangbanged."

So far, magistrate judges in California and Illinois have made the same conclusion as Brown's. Brown gave plaintiffs attorneys from the three adult studios until May 15 to object to his order.

View Brown's ruling

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

Bree Brooks Stars in Holiday-Themed Release From New Sensations

Bree Brooks stars with Ricky Spanish in the new holiday-themed release from New Sensations.

Iris Kiss, Astrid Soleil Star in Latest From TGirls.Porn

Iris Kiss and Astrid Soleil star in the latest release from Grooby paysite TGirls.Porn, titled “The Next Generation” and directed by Omar Wax.

Agatha Vega Stars in Christmas-Themed EnjoyX Release

Newly crowned XBIZ Europas Female Performer of the Year Agatha Vega stars alongside Juan Lucho in the latest EnjoyX scene, “Naughty Christmas Gift.”

Clara Mia Makes Her Directorial Debut for Dorcel

Clara Mia has made her directorial debut with "Say You Love Me," the latest release from Dorcel.

Streamate Spotlights Savannah Sly as December 'Elevate' Community Partner

Streamate has selected New Moon Network founder and co-director Savannah Sly as its Elevate Community Partner for December.

Brazzers Debuts Limited Series 'Wet Hot Indian Wedding'

Brazzers has released the first installment of its new limited series, “Wet Hot Indian Wedding.”

LaBellaDX Launches New Site Through YourPaysitePartner

Content creator LaBellaDX has launched her new official website through YourPaysitePartner (YPP).

Slimthick Vic Headlines 'Friends & Exes 2' From Bellesa House

Slimthick Vic toplines the second volume of "Friends & Exes" from Bellesa House.

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

Violet Myers, Jasmine Sherni Star in Latest From Brazzers

Violet Myers and Jasmine Sherni star with Dyawne Foxxx in the latest release from Brazzers, titled "Trapped and Tapped."

Show More