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. For more information about quashing and other options for handling your subpoena visit our Malibu Media page.
Malibu Media has filed hundreds of lawsuits in California: What that means for you.
Recent developments from a California judge may change things for Malibu Media– a Los Angeles based company that produces adult films.
Malibu Media’s Lawsuits Explained
In these cases, it’s been reported that the copyright holders sometimes use BitTorrent swarms to collect information about users’ IP addresses which is linked to a geographical location using geolocation technology. With this information, the copyright holder then attempts to obtain permission from a court to ask the ISP (or internet service provider) for the name and personal details of the user in a subpoena.
This type of subpoena is known as a “doe subpoena” which means that the defendant is identified by their IP address and remains anonymous until the court orders the ISP to provide the details of the person associated with the IP address.
Options for Your Malibu Media Lawsuit
As courts across the country are flooded with these cases one California judge is requesting Malibu Media show cause why future cases should not be barred until the accuracy of their geolocation technology is “fully-vetted.”
US Federal Judge William Alsup is concerned about their recent dismissal of numerous cases without explanation. Judge Alsup says, “Malibu Media’s voluntary dismissal without prejudice of groups of its cases is not a new pattern. A sizable portion of the cases from previous waves were terminated in the same way. The practice has just become more frequent, and it follows skepticism by the undersigned judge and others around the country about the accuracy of the Maxmind database.”
The Maxmind database maps users’ IP addresses to determine which court they belong to.
Following these recent events, the option of quashing the subpoena may be a viable choice, though this choice isn’t without risk, and many defendants choose to settle out of court or find an experienced ISP subpoena defense firm such as Antonelli Law to fight the case in court.
Quashing the subpoena essentially means that the defendant is claiming Malibu Media lacks sufficient evidence for the case. Inaccuracies with the geographical information gathered by the geolocation technology have led some cases to be filed in the wrong court and subsequently quashed. If the defendant lives in a different jurisdiction than where the lawsuit was filed, it is possible that quashing the subpoena is a viable option.
Is this the right option for you? Make sure you discuss it for free, anonymously, with Antonelli Law.
Contact us today at 312-201-8310 to further discuss the options for your Malibu Media case.