Judge Issues Strongly Worded Order Denying X-art.com Subpoena Power

NEW YORK — In a strongly worded order yesterday, a federal judge denied a motion by the operators of X-art.com to subpoena a John Doe defendant accused of sharing its movies through BitTorrent.

In his order and opinion, U.S. District Judge Alvin Hellerstein denied expedited discovery in the case, which would have allowed X-art to send a subpoena to Time Warner Cable ISP to learn the actual identity of Doe, saying the porn company failed to show “good cause” in its request.

Hellerstein noted X-art’s “history of abuse of court process” and said that its operators, husband-wife team Brigham and Collette Field, are a “prolific litigant,” noting that the porn company whose corporate name is Malibu Media was responsible for 38 percent of all copyright lawsuits in the U.S. between January and May 2014.   

Its corporate strategy, Hellerstein said, relies on aggressively suing for infringement and obtaining accelerated discovery of the IP address holder's identity from the ISP.

“It then seeks quick, out-of-court settlements which, because they are hidden, raise serious questions about misuse of court procedure,” Hellerstein said.

Hellerstein said that X-art “effectuates its strategy by employing tactics clearly calculated to embarrass defendants” and that it has a history of being sanctioned for sending out demand letters that included racy and lewd titles “to coerce larger, faster settlements by further shaming defendants.”

A lower court sanctioned X-art when it learned that it did not even own the copyrights for the titles listed in the letters, he noted.

In the case involving Doe, the defendant was accused of downloading and sharing over the Internet a large file containing 127 movies owned by X-art, including such titles as “Cum In Get Wet” and “Tie Her Up For Me.”

Hellerstein, in his order denying X-art subpoena power, said there is no doubt that online piracy of digital media is a major problem today, and ordinarily, the federal court system provides litigants “with some of the finest tools available to assist in resolving disputes."

“Those tools can empower copyright owners to enforce their rights, but they are also capable of being used as instruments of abuse,” he said. “Where abuse is likely, as it is here, courts should not make those tools available without careful scrutiny.”

View Judge Hellerstein's order

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

Pre-Nominations Now Open for 2026 TEAs

The pre-nomination period for the 2026 Trans Erotica Awards (TEAs) is now open.

FSC Releases Updated Age Verification Toolkit

The Free Speech Coalition (FSC) has announced the release of its updated age verification toolkit.

Duke Tax Joins Pineapple Support as Supporter-Level Sponsor

Duke Tax has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

UK Moving Ahead with Plan to Outlaw 'Choking' Content

The U.K. government has announced its intent to follow through on criminalizing “choking” content, a plan that was announced earlier this year.

Italy to Require Age Verification for Adult Sites

Italian media regulator AGCOM has announced that all sites and platforms hosting adult content will be required to implement age verification systems starting Nov. 12 to prevent access by users under 18.

'MILFlicious' Launches Through YourPaysitePartner

MILFlicious.com has officially launched through YourPaysitePartner (YPP).

Op-Ed: The Guardian's XBIZ Amsterdam Podcast Dismisses Creators' Experiences

British newspaper The Guardian’s podcast coverage of XBIZ Amsterdam 2025 purports to investigate the power dynamics of today’s online adult industry. Instead, it ignores creators’ voices, airs tired and outdated preconceptions about the business, and rehashes the unsupported claims of anti-pornography crusaders.

Eva Maxim, BranditScan Launch 'Killer' Promo

Eva Maxim and BranditScan have partnered for the Killer Creator Giveaway promotion.

2026 XBIZ Exec Awards Nominees for Online Industry Announced

XBIZ is pleased to announce the nominees for the online industry edition of the 2026 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Wednesday, Jan. 14 in conjunction with the XBIZ 2026 digital media conference.

AEBN Publishes Report on POV Trends

AEBN has published a report on POV and gonzo categories from its straight and gay theaters.

Show More