Sanctions Against Porn Piracy Attorney Upheld

DALLAS —  A federal appeals panel today affirmed a lower court's order to impose sanctions on attorney Evan Stone, who improperly issued subpoenas to ISPs seeking the identities of anonymous subscribers in a mass porn piracy case.

The decision affirms a sanction of $22,000 in attorneys fees and expenses incurred in bringing the motion for sanctions, as well as another $10,000 imposed by the court.

Stone last year filed a porn BitTorrent lawsuit at U.S. District Court in Dallas targeting 670 John Does on behalf of Mick Haig Productions for allegedly trading “Der Gute Onkel,” translated in English as “The Good Uncle.”

Stone later asked the court to allow him to send out subpoenas to Internet service providers to find out the identities of the infringers. But the court never made a ruling on the request and, instead, Stone ordered the ISPs to store the information for a later date.

U.S. District Judge David Godbey, in the lower court ruling imposing sanctions against Stone, summed up the "staggering chutzpah involved in this case": "Stone asked the court to authorize sending subpoenas to the ISPs. The court said 'not yet.' Stone sent the subpoenas anyway. The court appointed [EFF and Public Citizen] to argue whether Stone could send the subpoenas. Stone argued that the court should allow him to – even though he had already done so – and eventually dismissed the case ostensibly because the court was taking too long to make a decision. All the while, Stone was receiving identifying information and communicating with some John Does, likely about settlement. The court rarely has encountered a more textbook example of conduct deserving of sanctions."

In today's ruling by the 5th U.S. Circuit Court of Appeals, a panel held that Stone waived all of his arguments such as that he could have issued a different kind of subpoena to obtain the subscriber information, that sanctions couldn't be issued under the specific federal rules cited by the district court, and that EFF and Public Citizen lacked standing to bring a sanctions motion.

The appeals panel held that "no miscarriage of justice will result from the sanctions imposed as a result of Stone’s flagrant violation of the Federal Rules of Civil Procedure and the district court’s orders."

View panel's decision on Evan Stone

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

U of Wisconsin Lawyers Admit to Political, Donor Pressure to Terminate Prof. Joe Gow Over OnlyFans Content

Lawyers for the Universities of Wisconsin admitted during a hearing Friday that the institution has received pressure from a Republican politician and from a donor to strip veteran UW professor of communications Joe Gow of tenure for unremorsefully creating and appearing in adult content.

Heritage Foundation Leader Kevin Roberts Doubles Down on Defense of Anti-Porn Project 2025

Heritage Foundation and current Project 2025 leader Kevin Roberts appeared on Fox News' Special Report with Bret Baier on Wednesday to defend the controversial conservative initiative, which includes a call to criminalize the production and distribution of pornography.

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

Show More