N.Y. Magistrate Judge Tosses 4 Porn BitTorrent Suits

NEW YORK — Another federal judge has ruled against a number of adult companies seeking to hold John Doe defendants on the hook for alleged copyright infringement via BitTorrent networks.

U.S. Magistrate Judge Gary Brown last week recommended dismissing more than 80 defendants in four porn BitTorrent suits brought on by adult studios K-Beech, Malibu Media and Elegant Angel. Brown said all of the defendants, with the exception of one Doe per suit, should be dismissed.

Brown characterized the four suits involving the Doe defendants as "part of a nationwide blizzard of civil actions brought by purveyors of  pornographic films" and that there are more similar suits — 19 — currently on the docket in his jurisdiction.  

In the consolidated case, Brown said that nearly a half-dozen defendants have raised a panoply of individual defenses, including age, religious convictions, and technological savvy; misidentification of ISP accounts; the kinds of Wi-Fi equipment and security software utilized; and the location of defendant’s router. 

"The individualized determinations required far outweigh the common questions in terms of discovery, evidence and effort required," Brown said. "Thus, swarm joinder complicates these actions, resulting in waste of judicial resources."              

Brown further said that despite the fact that the three studios tout that “joinder in BitTorrent copyright infringement cases has been thoroughly analyzed in 40 reported opinions and has been permitted in district courts across the country,” many of the courts might not have had the resources to make solid legal opinions.

"[D]ue to plaintiffs’ litigation strategy, which includes avoiding review on the merits except at a preliminary, ex parte stage, these determinations were made without any factual record by judges unaware of the highly individualized, fact-specific defenses raised on the motions to quash, or evidence of strong-arm tactics, both of which strongly militate against allowing joinder in these mass actions," Brown said.

Brown also cited "abusive litigations tactics to extract settlements from John Doe defendants" in his reasoning to disallow discovery proceedings by the three studios that have sued for copyright infringement involving the movies "Gang Bang Virgins," "Veronica Wet Orgasm," "Maryjane Young Love" and "Gangbanged."

So far, magistrate judges in California and Illinois have made the same conclusion as Brown's. Brown gave plaintiffs attorneys from the three adult studios until May 15 to object to his order.

View Brown's ruling

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

New EU User Stats Could Reclassify Major Adult Sites Under DSA

Three high-traffic adult sites previously classified as “very large online platforms” under the European Union’s Digital Services Act are reporting user numbers below the threshold for that label, opening the way for possible downgrading of their obligations under that law.

Spicerack Launches 'SpicyFanz' Creator Monetization Platform

Adult product marketplace Spicerack Market has launched its SpicyFanz creator monetization platform.

Connie Perignon Headlines Latest From Brazzers

Connie Perignon stars with Nick Strokes in the latest release from Brazzers, titled “Wanting Your Stepmom's Bubble Bath Body.”

Adult Time Releases New Installment of 'MILF Overload'

Adult Time has released the latest installment of director Jim Powers' series "MILF Overload."

Krystal Sparks Fronts Latest From MYLF

Krystal Sparks stars with Juan Loco in the latest scene from MYLF, titled “Cultural Penetration.”

Willow Ryder Stars in Latest From New Sensations

Willow Ryder stars with Will Pounder in the latest release from New Sensations.

Dorothy Black, Jasmin Jayne & Lily Blossom Share the Spotlight in Latest From MixedX

Dorothy Black, Jasmin Jayne, and Lily Blossom star in the latest release from MixedX, titled "A Glimpse of Lost Youth."

Singapore Livestreamer Jailed for Performing 'Obscene Acts' in Public

A judge in Singapore on Thursday sentenced a Vietnamese woman to three weeks in jail for livestreaming “obscene acts” from a public area.

FSC Withdraws Support for North Dakota AV Bill

The Free Speech Coalition (FSC) has withdrawn its support for an age verification bill in North Dakota, following changes made by the state legislature.

Octavia Red Returns to Blacked Raw

Octavia Red has made her return to Vixen Media Group studio imprint Blacked Raw alongside Isiah Maxwell.

Show More