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ExtraTorrent.cc > Articles > Porn Movie Pirate Ordered to Pay $40,000 in Damages

Porn Movie Pirate Ordered to Pay $40,000 in Damages

Porn Movie Pirate Ordered to Pay $40,000 in Damages

Added: Tuesday, March 25th, 2014
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2013, www.extratorrent.cc
A US federal court has recently handed down a damages award in favor of a porn movie studio. According to the court ruling, a defendant from Michigan will have to pay $40,500 for downloading "X-Art" movies through BitTorrent networks.

x-art.png

Malibu Media, the California-based company behind the “X-Art”porn movies, is recognized as one of the most active copyright trolls in the country. In 2014 alone the company has filed about 300 separate cases against one or many defendants. Malibu Media just scours the web for users sharing their movies via BitTorrent, collects the associated IP-addresses, and then asks courts to find the pirates.

It should be noted that most of those cases end up being settled for a few thousand dollars each. However, sometimes defendants fail to respond, and Malibu Media receives the opportunity to obtain a default judgment.This happened to L. Sagala from Michigan, who was found guilty of willful copyright violation by a federal court.

Malibu Media managed to prove that the IP-address registered to Sagala was used to illegally share some of its movies. As such, the company asked the court to award $40,500 in statutory damages – it says it is an insignificant amount, as the real damages are even higher. Its lawyers claimed that even despite the fact of Sagala’s willful copyright violation, Malibu Media only seeks an award of $40,500 in statutory damages – a reasonable amount when considering that the company’s actual damages far exceed that sum.

The attorneys representing the company explained to the court that the defendant materially aided each of the other participants in the BitTorrent swarm of infringers. As such, actual damages of the movie studio are the lost sales of its material to those thousands of infringers. Overall, those lost sales far exceed $40,500, they claimed.

As a result, the court granted Malibu Media’s damages request, along with $1,650 for attorneys’ fees and costs. As the defendant failed to defend himself, the ruling didn’t come as a surprise, but still the relatively high damages award is seen not that often.
The industry observers admit that the movie studio has scored several similar default “victories” within the past few months and is not going to stop. Coupled with numerous settlements, which are worth up to thousands of dollars each, Malibu Media and its lawyers are estimated to have made millions of dollars.

The company’s legal action against alleged BitTorrent infringers initially started two years ago, when Malibu Media followed other adult entertainment companies. Since then, it has filed almost 2,000 lawsuits.

Thanks to TorrentFreak for providing the source of the article.


By:
SaM
March 25th,2014

Posted by: 
SaM

Date:  Tuesday, March 25th, 2014



Comments (9) (please add your comment »)

1
posted by (2014-03-25 13:58:55)
mwd25 avatarThanks for article SAM. "Malibu Media managed to prove that the IP-address registered to Sagala was used to illegally share some of its movies" I thought other courts have ruled on this already? Proving your ip was used is NOT the same as proving you were the one who used it and therefore the lawsuit should be thrown out. Because they have been given a "default" judgement doesnt mean they are going to ever receive a dime from from the defendant.

2
posted by (2014-03-25 17:53:11)
No avatarLol 40k... only in the Americas could porno makers bring someone to court.

40k... who buys porn dvds? They must have sent a few whours around to the judge, or cut him in on the loot : P

3
posted by Blocked (2014-03-25 23:00:49)
majordik avatarCan't get a default judgement unless they served the guy and he knew about the court appearance.
Besides how many ways can a hole being pounded filmed and its worth?

Here is an article about these POS Trolls and PDF documents as to what happened to their lawyer and cases: www.eff.org/cases/malibu-media


Malibu Media
EFF Calls For Court Sanctions For Copyright Troll's Public Humiliation Tactic

EFF fought back against a particularly nasty copyright troll tactic recenlty. Lawyers representing the adult film producer Malibu Media, LLC file long lists of movie titles on the public record, accusing an Internet subscriber of copying those movies illegally. Among the titles on that list are many adult films with very embarrassing titles. The lawyers then send a copy of the court filing to the subscriber along with a demand for money. The threat is obvious - either pay up, point a finger at a friend or family member, or be named in a public lawsuit as a habitual user of hard-core porn. Faced with these threats, many people pay thousands to the lawyers to make the threat go away - whether they were responsible for illegal downloading or not. But more and more judges are catching on to copyright trolls' abuses of the justice system.

Malibu Media, which runs the site "x-art," files civil complaints in courts around the country. Each complaint accuses an anonymous Internet user of illegally downloading and sharing one or more of Malibu's movies. But the complaint goes further: Malibu attaches a list of other movies and files that Malibu accuses the user of copying illegally. Some of them have titles that are far more lewd and embarrassing than the titles of Malibu's own movies. But Malibu doesn't own the copyright in those other movies, and can't actually sue over them. There's no legitimate reason to attach that list of other titles to a complaint, because complaints in federal court are not the place for laying out evidence. They're just to initiate a case and let the other side know what the case is about. But adding some really embarrassing titles to a complaint and filing it on a public court docket ups the embarrassment factor and discourages innocent people from standing up for themselves in court. (It's not clear what those extra titles would add to a court case, anyway - most judges would bar them from being read to a jury.)

Magistrate Judge Stephen L. Crocker didn't like this tactic. He froze eleven of Malibu's cases in western Wisconsin, and ordered Malibu's lawyer to explain why she shouldn't be sanctioned for violating court rules. Filing paperwork with the Court with no purpose except to harass or embarrass an opponent is a big no-no. Judge Crocker wondered why Malibu would file a list of movies with embarrassing titles that Malibu doesn't own and can't sue over.

Malibu's attorney responded with a 37-page defense, insisting that Malibu's motives are pure and that it had legitimate reasons for filing the list of titles. EFF, along with Chicago attorney Erin Russell, stepped in with a friend-of-the-court brief to give the court another perspective. EFF argued that there's no legitimate reason to plaster the public record with lists of lewd but irrelevant movie titles. In fact, EFF told the court, there's no real reason to file those titles except to up the embarrassment factor and intimidate defendants into not fighting back - even if they didn't download anything.

Copyright trolls use the power of the courts to gather the names of Internet subscribers and threaten them into paying up. But more and more judges are casting a critical eye on these tactics. Courts have largely put an end to the trolls' practice of suing dozens or hundreds of John Doe defendants in a single lawsuit, at least in the federal courts. And a federal judge's sanctions against the notorious Prenda Law outfit - including a referral to federal prosecutors for fraud on the court and possible tax evasion - were a wake-up call to lawyers and copyright owners.

Still, the bullying tactics continue. Even without the public embarrassment factor, copyright law gives trolls a big club to wield - copyright holders can get damages of up to $150,000 per infringement without even having to prove they were harmed. Until the law is fixed, there will always be those who will misuse it to make some quick cash. But we're glad that Magistrate Judge Crocker and other judges are casting a critical eye on improper threats of public humiliation as a way to earn cash from copyrights, and we hope this tactic, too, is shut down for good.

4
posted by (2014-03-25 23:56:58)
No avatarI just find if funny that porn is the one that's going after people. not any of the software giants or music industry, but porn is. Back in the mid 90's those bastards would charge an arm and a leg for a membership to their sites. Now, you can get it basically free. They still want a lot of money for what you might have downloaded and watched, maybe a few minutes at a time. Whats really messed up is that at one time the LEA was trying to shut those places down. Now they are on there side. I smell something not right there.

5
posted by Trusted UploaderTurtle (2014-03-26 12:26:39)
ponklay avatarX-art has some good videos, great pornstars but 75% of there videos are too dark its is complete shit

6
posted by Trusted UploaderSite FriendET junkieET loverSupermanSun (2014-03-26 21:04:15)
bone111 avatarTHATS ONE EXPENSIVE WANK LOL

7
posted by (2014-03-26 23:56:12)
coleyrock avatarPorn studios should be sued for showing us sexy model like woman then given us baseless talent and females strong out on heroin and other illegal street drugs. Shame on you X~ Art.

8
posted by Kitty (2014-03-27 04:17:43)
Crash1 avatarScrew X-Art, Babes.com has MUCH better quality videos, with better looking actresses in their BG (couples) section.

PS. if you download your porn while connected to a VPN service they CAN'T find you ... ESPECIALLY if the VPN service is in a foreign country. (I use services in Japan and India)

9
posted by (2014-03-27 12:00:37)
Arkfox avatarRidiculous! An industry that exploits people claiming that they are being exploited. Perhaps that money should be placed into a trust fund for addiction and mental health for the actors that appear in them. Again money falls into the hands of lawyers out to make a quick buck...

Thanks for the story.



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