In just one day, Malibu Media filed another 5 BitTorrent-based lawsuits in Virginia. This has been a record breaking year for the company, as they have filed more than 1,000 copyright infringement lawsuits across the country. Almost 80 of those lawsuits have been in Virginia, averaging more than a lawsuit per week!
Malibu Media claims to hire overseas investigators that monitor BitTorrent activity and record any IP addresses that allegedly download or share the X-art brand adult films. The Plaintiff then sues the IP address as a “John Doe” and requests the court issue a subpoena to the Internet Service Provider (ISP) so the subscriber can be identified and served with the complaint.
Often, a defendant first discovers the lawsuit when they receive a letter from their ISP notifying them of the subpoena and the possibility to file a motion to quash. It is important to begin an effective defense at this stage. Securing representation early can provide you with more options to protect your identity and fight the allegations.
Although each lawsuit is similar, every case represents potentially thousands of dollars in damages per infringement if not properly defended against. These companies invest money into each case and hope to maximize the damages for their financial benefit. These notices are serious. If you do not respond, the ISP is obligated to provide your identity to the Plaintiff, which allows them to serve you with a summons and complaint. Once you are served, you typically have 21 days to respond in Federal court.
For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.
Many defendants wish to defend anonymously because federal civil lawsuits are generally public record and easily searchable. For those who wish to minimize the suit’s effect on their private and professional lives, it is vital they retain counsel without delay.
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 years of experience defending file-sharing lawsuits and can help you achieve the best outcome possible. I have defeated several copyright plaintiffs in lawsuits around the U.S.; I also fought Malibu Media in their first trial. I’ve represented over 600 defendants in both settling and litigating file-sharing 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.