Malibu Media continues their record breaking year of filing lawsuits, this time filing 9 more lawsuits in New York. This year alone, they have filed more than 1100 lawsuits across the country, including more than 170 in New York alone.
Every lawsuit is almost identical. Each defendant is an unnamed internet subscriber, known as a John Doe. Malibu Media alleges an investigative company has observed each IP address contributing to downloading and sharing X-Art branded adult films.
Once the lawsuit is filed, Malibu Media asks to subpoena the internet service provider (ISP) in order to get the name of the account holder of the IP address. Internet subscribers usually first find out about the lawsuit when they receive a notice of the subpoena from their ISP stating they need to file a Motion to Quash in order to stop the release of their information.
Although downloading through BitTorrent may feel commonplace, the lawsuits against alleged downloaders are serious and represent potentially thousands of dollars in damages per infringement. When multiple infringements are alleged, damages granted by the court can easily escalate into 10’s or 100’s of thousands of dollars. This makes an early and effective defense against these suits all the more important. For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.
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