Malibu Media Subpoena: Why you were targeted and what to expect next

This is a blog dedicated to updates on copyright infringement cases. We have handled more than 900 Malibu Media cases over the past seven years, helping each client figure out the best option for their individual situation. We can represent you in your case against Malibu Media. For more information about your subpoena visit our main website’s Malibu Media page.

Malibu Media LLC produces pornographic films and distributes it through the website x-art.com.

Why did I receive a subpoena from Malibu Media?

If you’ve received a subpoena, Malibu Media is accusing someone at your IP address of illegally downloading their adult films.

Your first notice of the lawsuit will probably be a notification letter from your internet service provider and a subpoena from Malibu Media alleging that your IP address was used to download their content online without the proper licensing fees.

How did Malibu Media get my address?

 Using a variety of methods, Malibu Media was allegedly able to track the illegal downloads to your IP address. Armed with an IP address Malibu Media was able to ascertain who your internet service provider (ISP) is.

With these two bits of information, Malibu Media filed a federal lawsuit for copyright infringement and asked a judge for permission to send a subpoena to your ISP to reveal your name and address.

At this point, you are still anonymous and identified as ‘John Doe’.  Now that your ISP has sent you a notification and a copy of the subpoena, you need to decide how you want to handle the case.  Typically, you have 30 days or less from the time you receive this notification.

What happens if I ignore the notification from my ISP?

If you choose to ignore your subpoena, your internet service provider will likely release your name to Malibu Media’s lawyers. If Malibu Media receives your name, in almost all cases they will quickly amend the complaint name in the public court documents from ‘John Doe’ to your name—and then you will be served with a court summons.

Some clients don’t mind losing their anonymity, but your options on how to handle your Malibu Media case will be limited after ignoring the subpoena and being served with a summons.

Under no circumstances should you ignore a summons.

What are my other options for handling my Malibu Media subpoena?

First, here are the things you shouldn’t do:

• Don’t sign anything
• Don’t try to delete anything – this could make penalties worse

Next, you need to decide how you want to handle your Malibu Media subpoena.  The longer you wait, the fewer options you’ll have.

You have three options:

1. You can anonymously resolve the case through settlement
2. You can file a motion to quash
3. You can fight back in court

What are the pros and cons of each option?

Settling with Malibu Media

A settlement buys you peace of mind and, if you settle through Antonelli Law, the ability to settle and make payment anonymously. However, this means you will pay a settlement regardless of whether or not you believe you should have to.  Many clients feel that the ability to ensure their anonymity and ending the process is worth the settlement.

If you settle through Antonelli Law, we ensure you are completely protected, even if the settlement is an anonymous one. 

Pros:

• The case is resolved quickly
• The case is resolved anonymously from public records and, at times, is anonymous from the movie company and its attorneys as well
• We’ll ensure you (not just your IP address) are released so you can’t be sued again for other supposed download activity that happened prior to the settlement

Cons:

• You have to pay a settlement fee regardless of whether or not you think you’re responsible

Filing a Motion to Quash

We do file motions to quash and believe they can work in certain limited circumstances, but it is a risk.

While this may seem the best option on the surface, even if you win a motion to quash the subpoena, the movie company will probably have the right to file an amended lawsuit against you. If they do file an amended lawsuit, a second motion to quash may need to be filed. The judge may or may not throw the case out of court, and it is possible the movie company may appeal the decision to the appellate court.

Each case is unique, and Antonelli Law has been successful with multiple motions to quash and can provide advice on your particular case.

Pros:

• The case could be thrown out for multiple reasons
• The movie company could be exposed if it was engaged in some kind of technical chicanery or unethical practices, and the case could crumble

Cons:

• You may still get sued
• You may lose your anonymity if you the motion is denied

Fight Back in Court

If this is the right choice for you, we are tenacious, experienced litigators who can help fight back vigorously in any federal court across the country.

Pros:

• You could win the case and get damages, including legal fees

Cons:

• You could lose the case and owe much more than the original settlement fee
• You could lose your anonymity

If you’re ready to speak to an ISP Subpoena Defense specialist about your Malibu Media LLC subpoena, contact us today at 312-201-8310 to set up your free consultation.