Malibu Media suffers a rare loss in lawsuit against “John Doe” defendant in Illinois
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Malibu Media is a company that produces adult pornographic movies for the website x-art.com.
Malibu Media Illinois Case
The Chicago Daily Law Bulletin reports that Malibu Media took a loss in a case alleging a “John Doe” defendant used BitTorrent software to illegally download 24 of their copyrighted adult films. BitTorrent allows users to download files broken into separate pieces and then strings them back together to re-create the original file.
An expert testified in this case that there was no evidence on the defendant’s computer of either the movies that were allegedly downloaded or any BitTorrent file-sharing software. However, this Illinois defendant remained anonymous arguing that the movies could have been downloaded by other people such as a neighbor or his house guests.
Jeffrey Antonelli represented a neighbor of the defendant who was deposed in this case. Antonelli said the ruling could help other defendants who decide to fight against Malibu Media’s lawsuits but will likely not result in fewer lawsuits filed by Malibu Media. The ruling will likely just mean that Malibu Media will have to provide expert testimony to prove that the evidence they heavily rely on leads to their videos actually being watched by defendants, Antonelli explained.
Magistrate Judge Geraldine Soat Brown issued a summary judgment order in favor of the “John Doe” defendant. Brown wrote, “There is nothing in either declaration that would allow the court to conclude that the ‘bits’ and ‘pieces’ captured by IPP’s technology as allegedly distributed from Doe’s IP address meet the standard of originality justifying a finding that they are protectable elements of the works.”
- Settle: A settlement buys you peace of mind and allows you to retain anonymity. However you will be responsible for paying the determined amount regardless of whether or not you feel you should have to. Settling through a law firm like Antonelli Law ensures you will be completely protected from any future copyright actions from Malibu Media for alleged download activity that occurred before the settlement.
- Motion to Quash: A motion to quash can inform the court of defects in the complaint or the plaintiff’s background. Malibu Media may have the ability to file an amended lawsuit even if the motion is granted.
- Fight: Fighting the lawsuit in court means that you could win and get damages including legal fees. You could also lose and owe much more than the original settlement amount. If this is the right option for you, choose an experienced copyright infringement defense firm like Antonelli Law. Our attorneys fight back vigorously and understand the complexities involved in this field of the law.
Read one client’s experience as posted on the third party site, Avvo.com:
Top Flight Legal Advice and Representation
Posted by Rob D
July 9, 2018
Jeff Antonelli and his firm was very helpful and empathetic with my situation. He provided me with options, then devised a plan fitting my specific needs of my case. He’s honest, knowledgeable, and after the first consultation, calmed my fears and panic. The man and his firm know what they are talking about. He was able to represent me, and I live out of state. My case was dealt promptly and accurately. For anyone who is in need of an Attorney for a case in the field(s) Jeff Antonelli specializes in, don’t hesitate, hire this man!
For more information visit our Malibu Media page or contact us at 312-201-8310 to schedule a free consultation.
Northern District of Illinois Cases
Malibu Media LLC v. Doe