Malibu Media continues to file more copyright lawsuits in Illinois (14 cases), Michigan (4 cases), and New York (12 cases). They filed 30 cases on September 21 and 23, meaning they have filed over 100 lawsuits so far in September alone.
Malibu Media owns the X-Art brand of adult films and is notorious for mass filing lawsuits against anonymous internet subscribers, referred to as John Does, and identified only by their IP addresses. They allege the John Does downloaded and shared their copyrighted films using BitTorrent networks.
The Plaintiff argues that in order to properly serve the lawsuits on defendants, they must get their identity through the subscribers’ Internet Service Provider (ISP). Courts routinely grant subpoenas to allow the Plaintiff to demand the identity of an internet subscriber from the ISP.
Although these lawsuits are filed regularly, they are serious. It may be tempting for a defendant to hope that the Plaintiff forgets about their case but failure to fight the lawsuit can result in tens or even hundreds of thousands of dollars in damages depending on the number of alleged infringements. In civil court, not defending your case can be seen as the same as admitting fault.
Defendants usually first learn they are being sued when they receive a letter from their ISP that informs them the plaintiff has subpoenaed their identity. Because federal civil lawsuits are generally public record and easily searchable, many defendants wish to remain anonymous to minimize the suit’s effect on their private and professional lives. If a defendant wishes to remain anonymous, it is vital they retain counsel without delay.
The online nature of the alleged infringement also presents a challenge to defendants wishing to put forth a full legal defense. Defendants often find the litigation to more complicated, protracted, and expensive than a simple case of file-sharing would initially seem.
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.