Malibu Media and the Pressure to Settle

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Malibu Media LLC alleges that an anonymous defendant in Connecticut committed copyright infringement by distributing Malibu Media LLC adult films using BitTorrent software.

This is a blog dedicated to updates on copyright infringement cases. We’ve represented nearly 2,000 clients across the US and are America’s most experienced BT copyright defense firm; we can represent you in your case against Malibu Media. For more information about handling your subpoena visit our main website’s Malibu Media page.

Connecticut Judge takes measures to protect defendant from Malibu Media LLC

A United States District of Connecticut Court Judge recently granted permission to Malibu Media LLC to subpoena an internet service provider in order to find a resident who allegedly downloaded their adult content illegally. United State District Judge, Stefan R. Underhill, who granted the motion to move forward, acknowledges that many defendants may feel pressured to settle these suits in order to retain their anonymity given the nature of the films that were allegedly distributed.

Therefore, Judge Stefan Underhill clarified the scope and limitations of the order to the following:

Plaintiff acknowledges the concerns raised by many courts around the nation that, given the nature of the films allegedly distributed by defendants, defendants may feel coerced to settle these suits merely to prevent public disclosure of defendants’ identifying information. I share those concerns. This order is therefore subject to the following conditions and limitations:

  1. Plaintiff may subpoena defendant’s ISP only to obtain defendant’s name and address, but not defendant’s e-mail addresses or telephone numbers. Plaintiff may only use defendant’s name and address, if obtained by defendant’s ISP, for the purposes of this litigation; plaintiff is ordered not to disclose defendant’s name or address, or any other identifying information other than defendant’s ISP number, that plaintiff may subsequently learn. Plaintiff shall not threaten to disclose any of defendant’s identifying information.

 Defendant will be permitted to litigate this case anonymously unless and until this Court orders otherwise and only after defendant has had an opportunity to challenge the disclosure. Therefore, plaintiff is ordered not to publicly file any of defendant’s identifying information and to file all documents containing defendant’s identifying information under seal.

  1. After having been served with the subpoena, the ISP will delay producing to plaintiff the subpoenaed information until after it has provided defendant John Doe with:
  1. a. Notice that this suit has been filed naming defendant as the one who allegedly downloaded copyright protected work;

  2. b. A copy of the subpoena, the complaint filed in this lawsuit, and this Order; and

  3. Notice that the ISP will comply with the subpoena and produce to plaintiff the information sought in the subpoena unless, within 60 days of service of the subpoena on defendant by the ISP, defendant files a motion to quash the subpoena or for other appropriate relief in this Court. If a timely motion to quash is filed, the ISP shall not produce the subpoenaed information until the Court acts on the motion.

Read more about Judge Stefan Underhill’s ruling >

What this means for Malibu Media LLC Subpoenas  

Due to the influx of Malibu Media cases throughout the country, some courts are trying to make sure defendants have a clear understanding of the lawsuit against them in order to make an informed decision regarding their case and not feel pressured into settling purely to retain their anonymity. Judge Stefan Underhill still granted Malibu Media the motion to subpoena the defendant’s ISP but only to obtain the defendant’s name and address, not their e-mail address or telephone number, and noted that Malibu Media should not threaten to disclose, or publicly file any, of the defendant’s personal information.

Why Hire an ISP Subpoena Defense specialist for your Malibu Media LLC case?

This is an ever-changing area of law and we continually follow the latest developments. We understand the technology so are able to better defend you; we’ve helped negotiate anonymous settlements, and have also handled trials that have involved computer firewalls, sophisticated commercial networks, and a Microsoft certified expert.

Antonelli Law will:

  • Reduce your anxiety about the problem
  • Give clear, up to date information to help you decide what to do
  • Be responsive and accessible via phone and email
  • Go over all your options on how to best handle your individual case, including:
    • Anonymous settlements
    • Motions to Quash
    • Fighting back in court

For more information about your case, visit our Malibu Media page or contact us to set up a free consultation at 312-201-8310.

 

 

 

 

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