7,097 Defendants Pared From 'Batman XXX' Suit

MARTINSBURG, Va. — The federal judge who quashed thousands of subpoenas requested in seven porn BitTorrent suits earlier this month has struck again.

This time, 7,097 defendants have been pared from Axel Braun Productions' suit, which alleges the John Doe defendants poached "Batman XXX: A Porn Parody." Only one Doe defendant remains in the suit.

"The plaintiff appears to allege that joinder is based upon the Does’ use of some of the same ISPs and some of the same peer-to-peer networks to infringe the same copyright," U.S. District Judge John Preston Bailey said in an order. "Moreover, several courts agree that where there is no allegation that multiple defendants have acted in concert, joinder is improper.

"Further evidence of misjoinder is found in the undeniable fact that each defendant will also likely have a different defense," he said. "For this reason also, the court finds joinder in this case improper.

"This court chooses the route of severance. In fact, this court will sever all Doe defendants except Doe No. 1."

Today, Axel Braun Productions' attorney sent letters out to 12 ISPs explaining the judge's order.

When the "Batman" suit was filed, Axel Braun told XBIZ he wouldn't be shy suing those who pirate his movies, and he planned to use legal avenues against those who steal his content for every movie going forward.

"Fuck 'em all," he said at the time. "People don't realize that when you pirate a movie it hurts all of the people who work very hard to get it produced — from the cast to the production assistants to the makeup artists. These are people who live paycheck to paycheck, and with 'Batman XXX,' that was a film I financed myself. "

The suits involving the eight cases, including "Batman," that have resulted in quashed subpoena were filed by Kenneth Ford of the Adult Copyright Co.; all of those cases were filed at U.S. District Court in Martinsburg, W. Va.,

Braun and Ford couldn't immediately be reached by XBIZ late Monday.

Bailey earlier this month threw out 5,462 unnamed defendants from suits filed by Combat Zone, Elegant Angel, Third World Media and West Coast Productions.

Bailey, in Braun's case and the other adult studios' cases, said if they wanted to proceed they can do so by filing fees for each of the amended complaints, which would be assigned separate civil action numbers, but only if the defendants are located in West Virginia, where the cases were filed.

The EFF said that the studios in the suits were "abusing the law in an attempt to pressure settlements."

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

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

Violet Myers, Jasmine Sherni Star in Latest From Brazzers

Violet Myers and Jasmine Sherni star with Dyawne Foxxx in the latest release from Brazzers, titled "Trapped and Tapped."

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

UK Performer Rebecca Jane Smyth Passes Away at 51

Veteran British performer Rebecca Jane Smyth has passed away, according to her longtime friend, Tanya Virago. She was 51.

Brazzers Debuts Limited Series 'Gamer Stepmom'

Brazzers has released the first installment of its new limited series, “Gamer Stepmom.”

Vixen Drops Final Installment of Crossover Feature 'Long Con'

Vixen Media Group has released the fourth and final installment of "Long Con," the crossover feature from its studio imprints Vixen, Blacked, and Tushy.

Alyssa Bounty, Angelika Grays & Annalisa Atomic Blonde Star in Latest From MixedX

Alyssa Bounty, Angelika Grays, and Annalisa Atomic Blonde star in the latest release from MixedX, titled “Crimson Hollies.”

Jayne Calloway, Zariah Aura Star in Latest From TransAngels

Jayne Calloway and Zariah Aura star in the first installment of “Clueless and Horny as Fuck,” the upcoming two-part series from TransAngels.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

Melody Marks Stars in Latest From New Sensations

Melody Marks stars with Milan Ponjevic in the latest release from New Sensations.

Show More