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

XBIZ Miami's Host Hotel Sold Out, General Registration Now Open

Guest rooms at XBIZ Miami’s exclusive conference venue, Nautilus Sonesta Miami Beach hotel in South Beach, are now completely sold out.

Leana Lovings, Aria Banks Front Latest From Reality Kings

Leana Lovings and Aria Banks star in the latest release from Reality Kings, titled "Synchronized Scissoring."

Penthouse Names Lennon Elizabeth April's 'Pet of the Month'

Penthouse Magazine has named model Lennon Elizabeth as Pet of the Month for April.

Bella Spark, Kelly Collins Star in Finale of VMG Cross-Site Feature 'Bang and Burn'

Bella Spark and Kelly Collins star with Vixen Media Group exclusive Jason Luv in the final installment of the cross-site spy feature "Bang and Burn."

Jade Kimiko, Cecelia Taylor Headline 'Women Seeking Women 199'

Jade Kimiko and Cecelia Taylor topline “Women Seeking Women 199” from Girlfriends Films.

Adult Industry Educational, Networking Platform 'Imperfectly You' Launches

Imperfectly You, an educational and networking platform for adult industry workers, has officially launched.

Segpay to Launch News Network for High-Risk Merchants

Segpay has announced that it will launch the Segpay News Network (SNN) on April 15.

Age Verification Watch: Patching the Holes

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

Kaela Luna Makes Her TransAngels Debut

Kaela Luna has made her TransAngles debut alongside Parker Savage and Harrison Feels in “Jackhammering Kaela.”

Adult Time Marks April Fool's Day With 5 Satirical Releases

Adult Time is marking April Fool’s Day with the release of satirical scenes from five of its series.

Show More