First Time Video Gets Green Light in BitTorrent Lawsuit

CHICAGO — First Time Video was given the green light to proceed with its BitTorrent lawsuit against hundreds of people it said had pirated its content.

The Nevada-based company filed suit last year against 500 unknown defendants for infringing on its copyright.

First Time subpoenaed ISPs in an effort to smoke out the illegal poachers, but when the ISPs served its users, 21 of them moved to quash, four moved to dismiss and eight moved to sever.

The company decided however to dismiss certain defendants in June, taking some of the steam out of the suit.

U.S. District Judge Ruben Castillo rejected the remaining motions last week and said that the quash motions did not request the kind of privileged information protected by the federal rules or the Constitution.

Citing a precedent, Castillo wrote, "Anonymous speech does not enjoy absolute protection. Indeed, copyright infringement is not protected by the First Amendment.”

The Judge maintained that "a BitTorrent user may be express himself or herself through the files selected and made available to others in a manner that may be entitled to First Amendment protection," according to the 23-page ruling.

The defendants' motion also relied on the Electronic Communications Privacy Act, under which "a person or entity providing an electronic communication service to the public shall not knowingly divulge the contents of a communication."

Castillo said that although “the putative defendants’ First Amendment right to anonymous speech on the internet is implicated,”  the “courts have consistently held that Internet subscribers do not have a reasonable expectation of privacy in their subscriber information, as they have already conveyed such information to their ISPs."

The court also rejected the defendants' plea that the subpoenas would subject them to undue burden.

Another attempt to sever by the defendants can be filed at a later date, the court ruled.

Related:  

Copyright © 2025 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

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Aylo Releases Statement on Suspending Access to Pornhub in France

Technology and media company Aylo, which operates adult sites including Pornhub, YouPorn, and Redtube, has released a public statement regarding its decision to block access to its sites in France.

Pornhub Blocks Access in France in Response to SREN Law

Pornhub parent company Aylo has opted to block access to its sites in France rather than comply with age verification requirements under the country’s Security and Regulation of the Digital Space (SREN) law.

Canadian Senator Revives Push for National AV Law

Sen. Julie Miville-Dechêne, whose previous multiple attempts to legislate national age verification requirements all failed, has introduced a new bill that would impose fines of up to $500,000 on adult sites that do not implement age verification for Canadian viewers.

FSC Submits Statement to House Committee in Support of FIRM Act

Free Speech Coalition has announced that it submitted a statement to the House Financial Services Committee in support of the Financial Integrity and Regulation Management (FIRM) Act.The announcement follows:

Trump Tariffs Remain in Effect Pending Appeal of Trade Court Ruling

The U.S. Court of Appeals for the Federal Circuit on Thursday stayed an injunction by the U.S. Court of International Trade, delaying the trade court’s order blocking the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry.

EU Investigating 4 Adult Sites for 'Suspected Breaches' of DSA

The European Commission has initiated formal proceedings against Pornhub, Stripchat, XNXX and XVideos for “suspected breaches” of the Digital Services Act (DSA), the Commission announced in a statement Monday.

Luxembourg Rejects Request to Enforce French AV Law

Government officials in Luxembourg have rebuffed a French government request to help enforce France’s Security and Regulation of the Digital Space (SREN) law by taking action against webcam platform LiveJasmin, the Luxembourg Times is reporting.

Show More