7th Circuit Appears Skeptical of Prenda Law's Appeal

CHICAGO — The 7th U.S. Circuit Court of Appeals today heard the appeal of an order that levied $261,000 in sanctions against the attorneys who filed a copyright infringement case on behalf of Lightspeed Media Corp.

A majority of the three-judge panel of the 7th Circuit — Judges Diane Wood, Michael S. Kanne and Diane Sykes — appeared skeptical of Prenda Law's argument in its appeal.  

Prenda Law, prolific in exacting payments from consumer porn piracy defendants in the past four years, appealed a lower court judge's order that ruled the firm's attorneys, John Steele, Paul Hansmeier and Paul Duffy, filed a meritless case against defendant Anthony Smith.

The case against Smith alleged that he was the ringleader of a hacking gang that was said to have obtained stolen passwords to break into about 40 Lightspeed Media porn sites.

At the behest of Lightspeed Media, Prenda Law made additional claims against corporate executives at AT&T and Comcast Cable Communications that they aided, abetted and conspired with the hacker to steal its content because they refused to comply with subpoenas and turn over subscriber data based on IP addresses.

The firm later added the telecommunications executives as defendants in the suit, seeking $200,000 from all of the defendants, as well as punitive awards.

But after Duffy filed a motion for voluntary dismissal, telling the court that Lightspeed Media intended to drop the suit.

The motion spurred defendants into action with requests for reimbursement of attorneys fees because the suit was based on "frivolous claims," which the lower court later affirmed. Lightspeed Media's attorneys were ordered to pay Smith $72,000, AT&T $120,000 and Comcast $69,000.

At Monday's hearing at the 7th Circuit, attorney Daniel Voelker — representing Steele, Hansmeier and Duffy — was asked to describe the relationship between the three firms that have lodged claims against porn piracy defendents — Prenda Law, Alpha Law and Steele Hansmeier.

"I can't your honor. I don't know, I don't know what it is today; I don't know what it was a year ago," Voelker told the panel. "So I wouldn't want to even begin to tell you because I just don't know."

Sykes, one of the 7th Circuit panelists, responded: "That's shocking. There is a lot of shell game activity here."  

The 7th Circuit did not say when they would rule on the appeal. An audio recording of today's hearing is available here.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Child Protection, Civil Liberties Groups File Amicus Briefs in Support of FSC Court Petition

Several child protection and civil liberties groups have filed amicus briefs in support of the Free Speech Coalition's (FSC) petition to the Supreme Court.

Woodhull Urges the Supreme Court to Find Texas AV Law Unconstitutional

The Woodhull Freedom Foundation and the Electronic Frontier Foundation submitted a brief to the United States Supreme Court on Thursday, urging the justices to rule against Texas’ age verification law.

AEBN Publishes Popular Searches for March and April

AEBN has released the top search terms for the months of  March and April from its straight and gay theaters in all 50 states and the District of Columbia.

2024 XBIZ Creator Awards Winners Announced

Winners of the 2024 XBIZ Creator Awards were revealed Wednesday evening during a live ceremony at E11EVEN Nightclub in Miami, Florida. The event, presented by Fansly, was hosted by Siri Dahl and Little Puck.

'90s Japanese Performer Sues to Remove Titles from Streaming Site

Former Japanese performer Miyuki Ariga is suing the Fanza adult streaming site at the Tokyo District Court to remove four titles in which she appeared in 1994.

Free Speech Coalition Asks Court to Block Montana AV Law

The Free Speech Coalition (FSC) has asked the US District Court of Montana to block the state's new age verification law.

Segpay Launches Virtual 'Segcard' Creator Payout Solution

Segpay has updated its Segcard creator payout option by offering a new, virtual version.

Leading Conservative Think Tank Slams 5th Circuit for Upholding Texas Age Verification Law

Leading conservative think tank the American Enterprise Institute has published an opinion piece penned by one of its senior fellows criticizing the 5th Circuit endorsement of Texas’ controversial age verification law.

OpenAI Shuts Down AI-Generated Porn Rumors

A spokesperson for OpenAI, the company behind ChatGPT, has shut down online chatter about how a rumored relaxation of the company’s stance against AI-generated NSFW content may result in a lifting of its porn ban.

9th Circuit Upholds Verdict Against Oregon College for Discriminating Against Former Adult Performer

The 9th U.S. Circuit Court of Appeals on Monday upheld a 2022 Oregon jury’s verdict in favor of Nicole Gililland, a former nursing student who sued her school for discriminating against her because of her adult performer past.

Show More