One Woman Fights Back as Malibu Media Files Lawsuit in Texas
Malibu Media lawsuits allege that defendants have illegally downloaded their adult content, often using BitTorrent software.
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. For more information about settling and other options for handling your subpoena visit our Malibu Media page.
Malibu Media is a company that produces adult content for the website x-art.com and is actively filing lawsuits across the country. They have filed thousands of copyright infringement lawsuits to date.
Texas Woman Fights Malibu Media Lawsuit
Jenna Howard from Houston, Texas is fighting back against her Malibu Media lawsuit. When Ms. Howard refused to pay the settlement offered, the pressure was significantly increased and she received spreadsheets alleging even further download activity connected to her IP address.
The downloads amounted to over 54,000 torrents in recent years, some titled in languages Ms. Howard does not speak. This averages out to about 31 items downloaded every day for the last four years, including 31 downloads on her wedding day and an average of 22 downloads per day while she was on her honeymoon overseas. Ms. Howard’s attorney believes that these allegations point to either an issue with the data gathered by Malibu Media or that Ms. Howard’s IP address was hacked.
According to her attorneys, “Malibu’s shoddy research simply does not support the implication that Ms. Howard illegally downloaded the pornographic movies that are the subject of this suit, as well as an additional 54,000 other, unrelated, downloads.”
The defense further argues that Malibu Media’s efforts are a textbook case of discovery abuse.
In situations similar to Ms. Howards, it is possible that filing a motion to quash is a viable option. Filing a motion to quash the subpoena means that you are claiming Malibu Media lacks sufficient evidence for their case. Inaccuracies with the geographical information gathered by the company’s geolocation technology have led some cases to be filed in the wrong court and subsequently quashed. If it seems possible that there is a problem with the evidence provided in your case or if you live in a different jurisdiction than where the lawsuit was filed, filing a motion to quash may be a viable option.
Other Malibu Media Lawsuit Options
- Settle anonymously: You can resolve your case and remain anonymous by agreeing on a financial settlement before your ISP releases your name. Settling with an experienced copyright defense law firm, such as Antonelli Law, means you will be protected from any further attempts to obtain more money in the future for any supposed download activity that occurred before the settlement date.
- Fight it in court: Choose an experienced law firm like Antonelli Law to fight your case in court. As experienced copyright infringement defense attorneys, we understand the technology involved in these cases and are well-equipped to defend you. Our last complex trial involved computer firewalls, sophisticated commercial networks, and a Microsoft certified expert.
Contact us at 312-201-8310 to schedule your free consultation and discuss the options for your Malibu Media case.
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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.