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Judge rules Malibu Media can’t stop counter-claim

(Judge Alsup denying dismissal of Def's counter-claim)
(Judge Alsup denying dismissal of Def’s counter-claim)

FightCopyrightTrolls.com reports on Judge William Alsup’s ruling on Monday denying the dissmisal of the Defendant’s sole counter-claim.

The Defendant had both denied committing the alleged infringement and asked the Judge to rule affirmatively that Defendant was not an infringer.

Malibu said that this was “duplicative” and would result in “confusion” to the jury.

But Judge Alsup noted a key difference between the two: A case without the counter-claim could be dismissed without Defendant “prevailing”, therefore avoiding any potential award of attorneys fee and costs to Defendant.

Judge Alsup denied Malibu Media’s motion for the dismissal of the counter-claim.

From here, if Malibu cannot prove the infringement allegations, it will likely have to pay Defendant’s fees and costs or face Judge Alsup again. And, this ruling can be used as persuasive authority in other courts under the right circumstances.

If you have received a notice in one of these cases, please don’t hesitate to call me immediately at 888.801.8681. If calling after-hours, please leave a message; I do return calls after-hours.

I have a ton of experience in file-sharing lawsuits and can help you achieve the best outcome possible. I’ve represented over 400 defendants in both settling and litigating Malibu Media lawsuits. I’ve written a subpoena defense guide for your information, as well.

I look forward to speaking with you and helping you put this matter behind you. Please don’t hesitate to call. 888.801.8681.

Yours,
Leonard French

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13 new Malibu Media lawsuits in Northern New York in April 2016

Reddit user /u/beardfearer may fear beards, but not copyright notices

Malibu Media has filed 13 new federal copyright lawsuits in the Northern District of New York over alleged illegal downloading.

Malibu Media, owner of the adult entertainment website X-Art.com, has filed approximately 5,000 lawsuits in the last four years, and 433 so far in 2016. These newest 13 are just a continuation of that trend.

Defendants in the newest of these lawsuits can expect to begin receiving notices of the subpoenas from their service providers shortly, in not already. These subpoenas seek the subscribers’ names and addresses. Plaintiffs typically use the identities to pursue settlements or further litigation.

If you have received a notice in one of these cases, please don’t hesitate to call me immediately at 888.801.8681. If calling after-hours, please leave a message; I do return calls after-hours.

I have a ton of experience in file-sharing lawsuits and can help you achieve the best outcome possible. I’ve represented over 400 defendants in both settling and litigating Malibu Media lawsuits. I’ve written a subpoena defense guide for your information, as well.

I look forward to speaking with you and helping you put this matter behind you. Please don’t hesitate to call. 888.801.8681.

Yours,
Leonard French

The 13 new Malibu Media lawsuits in the Northern District of New York are:
  • 1:16-cv-00370-FJS-DEP Malibu Media, LLC v. Doe filed 04/01/16
  • 1:16-cv-00372-FJS-DEP Malibu Media, LLC v. Doe filed 04/01/16
  • 1:16-cv-00373-FJS-DEP Malibu Media, LLC v. Doe filed 04/01/16
  • 1:16-cv-00376-FJS-DEP Malibu Media, LLC v. Doe filed 04/01/16
  • 1:16-cv-00377-FJS-DEP Malibu Media, LLC v. Doe filed 04/01/16
  • 1:16-cv-00380-FJS-DEP Malibu Media, LLC v. Doe filed 04/01/16
  • 1:16-cv-00381-FJS-DEP Malibu Media, LLC v. Doe filed 04/01/16
  • 1:16-cv-00382-FJS-DEP Malibu Media, LLC v. Doe filed 04/01/16
  • 3:16-cv-00378-FJS-DEP Malibu Media, LLC v. John Doe filed 04/01/16
  • 3:16-cv-00383-FJS-DEP Malibu Media, LLC v. John Doe filed 04/01/16
  • 5:16-cv-00371-FJS-DEP Malibu Media, LLC v. Doe filed 04/01/16
  • 5:16-cv-00374-FJS-DEP Malibu Media, LLC v. Doe filed 04/01/16
  • 5:16-cv-00375-FJS-DEP Malibu Media, LLC v. Doe filed 04/01/16

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433 new Malibu Media lawsuits in first 97 days of 2016

Reddit user /u/beardfearer may fear beards, but not copyright notices

Malibu Media has filed 433 new federal copyright lawsuits in the United States in the first 97 days of 2016. The Plaintiffs make copyright infringement claims over alleged illegal downloading. 1,933 such lawsuits were filed in 2015. Broadcast Music, Inc. also known as BMI, comes in second for 2016 with 56 new copyright lawsuits.

433 new Malibu Media lawsuits as of 4/7/2016
433 new Malibu Media lawsuits as of 4/7/2016

Malibu Media, owner of the adult entertainment website X-Art.com, has filed approximately 5,000 lawsuits around the county in the last four years. These newest 433 are just a continuation of that trend.

Malibu’s attorneys recently lost 15 cases in California that were dismissed for failure to timely prosecute. Though this is good news for those 15 defendants, it is unusual for Malibu lawsuits to end in outright dismissal.

J. Alsup denies subpoenas in 3:15-cv-06075-WHA and others
J. Alsup denies subpoenas in 3:15-cv-06075-WHA and others

Defendants in the newest of these lawsuits will begin receiving notices of subpoenas sent to their internet service providers. These subpoenas seek the subscribers’ names and addresses. Plaintiffs typically use the identities to pursue settlements under the threat of further litigation.

If you have received a notice in one of these cases, please don’t hesitate to call me immediately at 888.801.8681. If calling after-hours, please leave a message; I do return calls after-hours.

If no response is received, the Plaintiff typically moves the case forward, requiring an Answer from the Defendant to avoid Default. Eventually, the Plaintiff typically requests the Defendant’s hard drive(s) to be scanned for evidence.

I have a ton of experience in file-sharing lawsuits and can help you achieve the best outcome possible. I’ve represented over 400 defendants in both settling and litigating Malibu Media lawsuits. I’ve written a subpoena defense guide for your information, as well.

I look forward to speaking with you and helping you put this matter behind you. Please don’t hesitate to call. 888.801.8681.

Yours,
Leonard French