Ohio Judge Questions Malibu Media’s Tactics
Malibu Media is a company that produces pornographic films for the website x-art.com.
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; we can represent you in your case against Malibu Media. For more information about handling your subpoena visit our main website’s Malibu Media page.
Malibu Media is filing lawsuits across the US alleging defendants illegally downloaded their adult content most often using BitTorrent file-sharing software.
Malibu Media Files in Ohio
As a response to a Malibu Media lawsuit, one “Jane Doe” defendant countersued the company alleging abuse of process. With this countersuit the defendant alleges that Malibu Media “made knowing misrepresentations in its Amended Complaint,” that they alleged copyright infringement “despite knowing that an IP address alone is insufficient to identify an infringer,” and that they “intentionally failed to disclose and concealed pertinent and material information regarding (plaintiff’s) knowledge of the falsity of certain claims.”
The judge handling the case was not convinced by “Jane Doe’s” copyright infringement counterclaim but also did not allow Malibu Media to dismiss the case and avoid possible consequence for its abuse of process. The court order says, “The Court notes Plaintiff’s penchant for litigation, which includes its filing of more than 100 cases in this district, more than 200 cases in the Southern District of Ohio, and hundreds more across the country. See Ricupero, 705 F. App’x at 403. While Defendant’s [copyright] counterclaim is redundant, the Court finds that his concern of Plaintiff filing suit in the future without a determination on the merits is very real. The Court, therefore, hereby notices the parties that it will not accept a voluntary dismissal of the instant case unless it is with the consent of both parties.”
Malibu Media Case Options
Anonymously settle: You can have peace of mind through an anonymous settlement. However you will be responsible for paying the determined amount regardless of whether or not you think you should have to. When you settle through a law firm like Antonelli Law you are completely protected from any future copyright actions from Malibu Media for alleged download activity that occurred before the settlement.
Motion to quash: This option can inform the court of defects in the complaint or the plaintiff’s background. Even if the motion is granted, Malibu Media may be able to file an amended lawsuit and you could lose anonymity. It is important to always discuss with an ISP subpoena defense attorney whether filing a Motion to Quash is right for your specific case.
Fight it: You could win the case and get damages including legal fees. However you could also lose the case and owe more than the original settlement. If you choose to fight the case, Antonelli Law has experienced copyright infringement attorneys ready to defend you across the US including in the District Court of Ohio through pro hac vice and local counsel.
For more information visit our Malibu Media page or schedule a free consultation by contacting us at 312-201-8310.
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About Author
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.