Malibu Media Tries to Dismiss Piracy Case After Realizing Defendants Were IT Experts.
Malibu Media LLC is a Los Angeles-based company that creates adult films and distributes them through the website x-art.com.
If you have received a notice from your internet service provider, Malibu Media LLC is seeking your name from your internet provider (Comcast, Cox, Verizon, etc.). They are accusing someone at your IP address of illegally downloading their adult film content without paying the proper licensing fees.
This is a blog dedicated to updates on copyright infringement cases. We have handled more than 1,000 Malibu Media cases over the past eight 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 Attempts to Drop Case
Recently, Malibu Media informed the court that they would like to drop one of their piracy cases. Their reasoning? The defendants are IT professionals, and Malibu Media claims the defendants will be sophisticated enough to hide their infringing activity.
The defendants disagree with this reasoning and would like the case to continue in order for them to clear their name. They would also like to review Malibu Media’s technical evidence against them.
Malibu Media has filed thousands of copyright infringement lawsuits over the past several years, typically accusing defendants of sharing Malibu Media’s adult films via BitTorrent without the right permissions to do so. Most cases do not make it to trial.
According to a statement released by Malibu Media,
“Plaintiff has elected not to pursue its claim against Defendants as present evidence does not support the time and expense that would be incurred in an attempt to bear out Defendants’ infringer status as a direct or contributory infringer as it appears the Defendants are sophisticated IT professionals with the knowledge to hide infringing activity.
“For this reason, and to conserve judicial resources and prevent unnecessary expense for the parties, Plaintiff respectfully requests that this Court dismiss with prejudice Plaintiff’s claim against Defendants,” Malibu Media added.
The defendants are not happy with the request for a dismissal as it would make it difficult to clear their name and to be compensated for costs accrued so far in their defense. The defendants also claim that the allegations made by Malibu Media LLC have led to financial and reputational damage, and have requested the court to deny the motion to dismiss.
The case was dismissed on May 1, 2019 after a settlement.
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JAntonelli
Jeffrey Antonelli is a member of the federal trial bar of the Northern District of Illinois and is admitted to numerous federal courts around the country. He has been a civil litigator nearly 25 years in a broad range of actions representing corporations and individuals as plaintiffs and defendants in state and federal court. Jeffrey has been interviewed by the media many times, including Bloomberg BNA, NBC, The New York Times, Chicago Lawyer, Chicago Tribune, and the longstanding lawyer’s publication Chicago Daily Law Bulletin. Prior to forming Antonelli Law Ltd. in 2007 Jeffrey worked for several litigation boutiques in Chicago’s Loop as well as a full service firm. His litigation experience includes hotly contested issues in intellectual property, business, insurance, and consumer fraud. He is an adviser to the Illinois Board of Higher Education Advisory Council for Private Business and Vocational Schools (PBVS), and was a member of the Illinois State Bar Association Education Law Section Council from 2012-2013. Jeffrey is especially proud of his work representing hundreds of students defrauded by improperly accredited educational institutions, including as certified class counsel. Before attending law school, Jeffrey was interested first in business, and then in biomedical ethics. These interests led him to graduate from the nation’s largest philosophy department at Loyola University in Chicago, where some of his favorite (and most challenging) subjects were cognitive science and philosophy of science. During college he held positions at the University of Chicago’s Ben May Institute; as a medical assistant for a University of Chicago foot and ankle surgeon; and volunteered in the emergency room at the University of Chicago Hospitals. These experiences led to studying health law at the DePaul College of Law where Jeffrey earned his law degree and a certificate in health law. At that time DePaul’s Institute for Health Law was consistently ranked in the top 10 health law specialty programs nationwide. During law school Jeffrey immersed himself in studying the practical and public policy aspects of health care through internships at the American Medical Association in Chicago, and on Capitol Hill at the Governmental Relations Office of the Association of American Medical Colleges in Washington, DC. Jeffrey has concentrated in civil litigation throughout his legal career, and is a member of the federal trial bar of the Northern District of Illinois, the Central District of Illinois federal court, and all federal courts of Colorado, Wisconsin, Michigan, and Indiana. In addition, he is a member of the DuPage County Bar Association and the Illinois State Bar Association. Jeffrey prides himself on his strong personal ideals, passionate, ethical advocacy, and working hard to bring the best possible results for his clients. He also maintains a special interest in cases involving fraud. Whether due to good parenting, his family’s law enforcement employment, undergraduate studies in philosophy including ethics, or a fortuitous outcome of good breeding, one essence of Jeffrey’s character is a drive to root out the truth behind fraudulent practices.