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 expert 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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