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Wednesday, May 28, 2014

Ind. Courts - More on: "California porn firm makes money off lawsuits " Fifty-six lawsuits filed in ND Ind.

Recall this ILB post from Nov. 17, 2013, quoting a story by Teresa Auch Schultz of the Gary Post-Tribune that began:

The dozens of lawsuits filed in northern Indiana by Malibu Media appear, at first, to be basic copyright infringement claims.

The company makes videos, and the suits accuse defendants of downloading some of those videos illegally, without paying for them.

But the videos are pornographic movies, and some of the 56 defendants in U.S. District Court in Hammond say Malibu and its attorneys are using the threat of embarrassment to get them to pay thousands of dollars without a fight.

Yesterday the Electronic Frontier Foundation had a story about the fate of another, similar lawsuit. Some quotes:
Washington, D.C. - Striking a crushing blow against a legal linchpin of the copyright troll business model, a federal appeals court held today that copyright holders may not abuse the legal process to obtain the identities of thousands of Internet users.

"This decision is a crucial victory," said Electronic Frontier Foundation (EFF) Intellectual Property Director Corynne McSherry. "We are thrilled that a higher court has recognized that it is unfair to sue thousands of people at once, in a court far from home, based on nothing more than an allegation that they joined a BitTorrent swarm."

The plaintiff in this case, AF Holdings, sought the identities of more than 1,000 Internet users that it claims are linked to the illegal downloading of a copyrighted pornographic film. Over the protest of the Internet service providers that received subpoenas for those identities, a lower court approved the disclosure of the names. EFF, joined by the American Civil Liberties Union, the ACLU of the Nation's Capital, Public Citizen, and Public Knowledge, urged the U.S. Court of Appeals for the District of Columbia Circuit to reverse that ruling and help keep the legal process fair and balanced by requiring AF Holdings to show it has a good faith basis for going after these defendants.

Read on to see how the trolls operate. Also yesterday, The Volokh Conspiracy featured quotes from the opinion.

Posted by Marcia Oddi on May 28, 2014 10:17 AM
Posted to Indiana Courts