National Law Review: Invasion of Copyright Trolls and What To Do if You Have Been Sued by Malibu Media

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Malibu Media LLC files John Doe lawsuits accusing internet users of illegally downloading their videos through file-sharing services such as BitTorrent.

According to a recent article in natlawreview.com, over 2700 more copyright infringement lawsuits were filed in the U.S. federal courts in 2018 vs. 2017. A large portion of that increase was due to pornography studios, such as Malibu Media.

What is BitTorrent, and what does it have to do with my Malibu Media lawsuit?

BitTorrent is a peer-to-peer file-sharing protocol that allows users to easily and quickly exchange large amounts of data. According to the article:

“Unlike other download methods, BitTorrent maximizes transfer speed by gathering pieces of the file users want and downloading these pieces simultaneously from people who already have them. Moreover, once a user downloads the pieces, which together combine to create the complete video, the protocol shares them with other users downloading the same content. Thereby, users who download videos using BitTorrent are also inadvertently sharing and distributing that content with other users.”

Malibu Media vs. John Doe: How did Malibu Media identify me from BitTorrent?

Malibu Media uses third party forensic internet investigators which allegedly establish direct TCP/IP connections to track the illegal downloads to your IP address. Armed with an IP address Malibu Media LLC was able to figure out who your internet service provider (ISP) is.

With these two pieces of information, Malibu Media LLC 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. Before your internet service provider releases your name and address, they send the subpoena notification to you.

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.

The article goes on to say:

Because these plaintiffs have accounted for a sizable portion of all copyright cases filed in the United States last year, Judges have referred to these studio plaintiffs as “copyright trolls” —owners of valid copyrights who bring cookie-cutter infringement actions “not to be made whole, but rather as a primary or supplemental revenue stream.”

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

To start with, here are the things you shouldn’t do:

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

You need to decide how you want to handle your Malibu Media subpoena.

The longer you wait, the fewer options you’ll have.

While you’re still known as ‘John Doe’ 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

Every defendant’s circumstances are different so it’s best to discuss your situation with an experienced ISP subpoena defense law firm, such as Antonelli Law.

We work with clients nationwide. Contact us today at 312-201-8310 to set up your free consultation regarding your Malibu Media LLC subpoena.

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.

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