EFF Files Brief on Behalf of Porn BitTorrent Defendants

SAN FRANCISCO — The Electronic Frontier Foundation, in defense of those targeted in a porn BitTorrent case, has asked a federal judge in Washington to protect the identities of individuals named in the suit waged by Hard Drive Productions.

Some of the 1,495 defendants alleged to have downloaded Hard Drive's "Amateur Allure — MaeLynn" moved to quash subpoenas aimed at revealing their identity. Many filed those motions under seal to protect their anonymity until the motions are decided.

But last month, a federal judge issued a Catch-22 order, requiring these individuals to reveal their identities before their motions — which were made to protect their identities — could proceed.

The EFF, in a friend of the court brief filed Monday, said that this requirement could induce defendants to settle their lawsuits in order to avoid the embarrassment or expense, instead of getting to the merits of the case.

"These subpoenas need to be considered in the context in which this case was brought," EFF Staff Attorney Mitch Stoltz said. "The plaintiffs here hope to take advantage of the stigma associated with pornography — as well as the threat of an expensive court battle — to induce people to settle no matter what their defenses might be.

"If defendants can't fight the exposure of their identities without exposing their identities, then the plaintiffs have already won."

The EFF said that the case is one of a growing number of mass copyright lawsuits that do not appear to be filed with any intention of litigating them.

Instead, the EFF said, once identities of suspected infringers are obtained from ISPs, the plaintiffs send settlement letters offering to make the lawsuit go away for a few thousand dollars.

"A ruling on whether a film company may obtain identities of anonymous Internet users may be the last chance for defendants to be heard by the court," the EFF said.

EFF attorneys said that the brief filed Monday explains both the speech implications of the ruling and the importance of the court rules that protect defendants, given the numerous ways these mass lawsuits violate due process.

"All that the plaintiffs need here to pursue their settlement shake-down scheme is the identity of the anonymous defendants," EFF Intellectual Property Director Corynne McSherry said. "These defendants have a 1st Amendment right to argue for their anonymity without the court forcing them to moot that argument from the start.

"We're asking for these motions to quash to go forward without requiring them to be unsealed, and we're also asking the court to throw this case out given the basic due process flaws."

EFF's Amicus Brief

Related:  

Copyright © 2026 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

Italian Court in Aylo Case Limits International Reach of AV Rules

An Italian administrative court has ruled that Italy’s recently-enacted age verification rules for adult content may not currently be enforced against sites based in other EU member states, pending further procedural action under the EU’s Directive on Electronic Commerce.

OCC, FDIC Prohibit Use of 'Reputation Risk' by Regulators

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) on Tuesday issued a final rule codifying the elimination of ‘reputation risk’ from their supervision of financial institutions.

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

AV Bulletin: West Virginia Enacts AV Law, Ohio 'Innocence Act' Advances

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Clips4Sale Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of content platform Clips4Sale in a case against a website using a similar domain to impersonate the site.

Pineapple Support, SextPanther to Host Stress Management Support Group

Pineapple Support and SextPanther are hosting a free online support group focused on stress management for performers.

Goddess Tangent Launches New Site Through Grooby's Blue.xxx

Goddess Tangent has launched her new membership site, TangentOD.com, through Grooby's website management company Blue.xxx.

Show More