15 Porn Piracy Suits Dismissed Over Accuracy of Geolocation Tools

LOS ANGELES — A federal judge has dismissed 15 porn BitTorrent suits against scores of John Does alleged to have shared Lethal Hardcore movies, ruling that plaintiffs couldn't prove the accuracy of geolocation tools used to hunt down alleged infringers.

U.S. District Judge Dean Pregerson said that Lethal Hardcore's parent company, Celestial Inc., expressly declined to “make any representations as to the reliability or level of accuracy of IP address geo-location tools” and provided no “details regarding the tools used or the results” in 15 separate suits.  

As a result, Celestial couldn't connect the dots of the alleged infringers identified as "swarms" in the suit actually living in the state of California, where the suits were filed.

Pregerson said that the adult content distributor could only prove that personal jurisdiction "to be somewhat more likely than not."

"The investigating company [to track porn BitTorrent users] makes the conclusory claim that it believes it can correctly identify the state where an IP address is located in the majority of cases, " he ruled. "Likewise, [a] referenced website claims that geolocation beyond the national level is 'more difficult and less accurate,' with accuracy rates between 50 and 80 percent at the municipal level, and perhaps somewhat higher at the state level.

"To put it another way, based on plaintiff’s own reliability claims, there may still be a 20 to 50 percent chance that this court lacks jurisdiction."

Pregerson said that because Celestial failed to make an adequate case out of the geolocation tools used for the 15 cases he would dismiss the suits before they went to discovery.

"[I]t is the First Amendment that requires courts to ensure complaints like this one would at least survive a motion to dismiss, before the court authorizes early discovery to identify anonymous internet users," Pregerson said.

Pregerson's decision follows a recent New York ruling that dealt another setback to antipiracy efforts. In that case, U.S. Magistrate Judge Gary Brown decided that an IP address alone is not sufficient to accuse individuals of illegal downloads because of the potential that multiple people can use the same computer.

Brown said that nearly a half-dozen defendants 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. 

Brown also cited "abusive litigations tactics to extract settlements from John Doe defendants" in his reasoning to disallow discovery proceedings in four suits waged by adult studios K-Beech, Malibu Media and Elegant Angel.

View 1 of 15 dismissal rulings

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

BranditScan Unveils Protection Plan for Adult Studios

BranditScan has launched a new content protection plan tailored specifically for adult studios.

CAM4 Debuts Weekly 'Skyy Knox's CAM Crawl' Livestream

CAM4 is launching "Skyy Knox’s CAM Crawl," a new livestream running every Sunday at 3 p.m. PDT.

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over its implementation of Texas’ controversial age verification requirements for Pornhub, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Author of UN Report Recommending Worldwide Criminalization of Sex Work, Porn to Speak at NCOSE Summit

Jordanian activist Reem Alsalem, a special rapporteur on violence against women and girls at the United Nations Human Rights Council who recently issued a controversial report recommending that governments abolish all forms of sex work, including porn, will speak at anti-porn lobby NCOSE’s 2024 summit in August.

Spicey AI Voice Chat Platform Launches

Spicey AI, a platform that uses artificial intelligence to create interactive voice messages from chatbots based on adult performers, has launched.

Derek Hay Sentencing Hearing: Performers Give Impact Statements

The first day of the sentencing hearing for LA Direct Models’ Derek Hay, who pleaded guilty in May to one charge of conspiracy to commit pandering and a charge of perjury, took place in Los Angeles Wednesday.

Utherverse to Host 8th Annual VirtualCon in September

Virtual reality and metaverse technology company Utherverse will hold the eighth edition of its annual virtual conference, VirtualCon, from Sept. 26-28.

Pornhub Shuts Down Access in Nebraska Over Age Verification

Aylo began blocking access to Pornhub in Nebraska on Monday, in anticipation of the state’s new age verification law — one of many such bills promoted by religious conservatives around the country — which is scheduled to go into effect Thursday.

FeelMe AI Launches 3 New Subscription Tiers

FeelMe AI has launched three new subscription levels, allowing users to connect compatible Kiiroo sex toys to their videos for interactive solo play.

CamSoda Launches AI Girlfriend Builder

CamSoda has debuted a personalized "AI girlfriend" feature, which allows users to create their very own virtual companion at no charge, including free NSFW role-play and chat.

Show More