Malibu Media and Lawsuits
Malibu Media, LLC, produces pornographic films through a paid subscription. Despite the subscription feature, Malibu Media has claimed that approximately 80,000 US-based people are illegally downloading their movies each month using BitTorrent software.
BitTorrent is a peer-to-peer file transfer protocol: Essentially, it’s a way to share large amounts of data over the Internet.
Due to the number of illegal downloads that they claim are happening each month, they have filed thousands of copyright infringement claims in federal courts across the country.
Malibu Media, LLC vs. Defendant
In 2015, Malibu Media filed suit against a defendant for copyright infringement. They alleged that the defendant illegally downloaded various adult films that are created and distributed through their subscription website, x-art.com.
The defendant, however, decided to file a counterclaim against Malibu Media, which the court dismissed. The defendant then appealed the dismissal. Unfortunately, the court affirmed the original decision.
Are you being sued by Malibu Media and unsure what to do next?
You have three options:
1. Settle it anonymously
2. File a motion to quash
3. Prepare to fight it in court
We’re America’s most experienced BT copyright defense firm and we represent cases nationwide. Call us for a free, confidential consultation to find out which path forward is best for you: 312-201-8310
The history of this Malibu Media case
Malibu Media filed suit against ‘John Doe’- a defendant only identified by his IP address. They allege that he used BitTorrent to illegally download, copy and distribute 26 of their movies.
Once they identified the IP address, Malibu Media served a third-party subpoena on the ISP connected to that IP address and obtained the identity of the subscriber.
(While the defendant lost his anonymity in court, we do not feel that it adds anything to this post by identifying him, so we will continue to refer to him as ‘defendant’.)
Once they had his information, Malibu Media filed an amended complaint naming the defendant in the court documents. He filed an answer, as well as counterclaims. Both parties consented to the jurisdiction of a U.S. Magistrate Judge, but the magistrate dismissed the defendant’s counterclaims.
The defendant wasn’t ready to give up yet, filing a motion for reconsideration of the dismissal, which started what the court characterized as a “firestorm of motions filed over a three-and-one-half month period.”
Many of the defendant’s arguments stem from his view of Malibu Media’s litigation model, which he alleges is abusive and coercive to defendants.
In the end, after much legal maneuvering and filings by both Malibu Media and the defendant, Malibu Media dismissed its claim without prejudice(meaning they could file again any time) as they had alleged that pursuing the case would not be financially justified based on the defendant’s current finances.
Once the case was dismissed, the defendant argued that the dismissal of Malibu Media’s complaint makes him a ‘prevailing party’, which would entitle him to fees to cover some or all of his costs.
The court assessed this claim, as well as his final arguments, and ultimately decided not to award him any fees in this case.
Malibu Media and Your Lawsuit
Have you been served by Malibu Media for copyright infringement?
As you can see from the above case, each defendant should seek legal advice from an ISP subpoena defense law firm, such as Antonelli Law.
By discussing your individual case, you will be better able to understand what each option means for you and make the best decisions for your particular case.