Porn Maker Sues 7,098 Alleged Film Pirates
In a move sure to outrage both file-traders on BitTorrent networks and legal watchdogs, a well-known pornographer has filed a federal copyright suit against 7,098 individuals.
An adult-film accuses 7,000 people in a lawsuit of illegally sharing "Batman XXX, A Porn Parody."
/ Axel BraunAxel Braun Productions filed the complaint Friday in U.S. District Court for the Northern District of West Virginia, alleging that the defendants illegally shared the adult film "Batman XXX: A Porn Parody." The film was written and directed by Axel Braun and distributed by Vivid Entertainment, one of the country's best known porn studios.
In an interview about the suit with Xbiz Newswire, a publication that follows the adult-film industry, Braun made it clear he's prepared to take on the file-sharing crowd.
"F--- 'em all," Braun told Xbiz. "People don't realize that when you pirate a movie it hurts all of the people who work very hard to get it produced--from the cast to the production assistants to the makeup artists...So we are going after every one of them who pirates our content."
All the tough talk notwithstanding, the number of defendants named in a single lawsuit is likely to be condemned by leaders at the Electronic Frontier Foundation, an advocacy group for Web users and tech companies. EFF leaders have taken a stand against grouping thousands of separate defendants in a single complaint. In an interview two weeks ago,
Legal director of the Electronic Frontier Foundation for a decade, Cindy Cohn says recent lawsuits against individuals aren't about copyright but about lawyers lining their own pockets. EFF's Cohn fights copyright's 'underbelly' (Q&A)
The law firm of Dunlap, Grubb & Weaver
Thomas Dunlap is the attorney who has revived the practice of suing people who illegally share files online. Get to know him. 'Hurt Locker' lawyer: Illegal sharing must end (Q&A)
pornographer
The music industry undertook a similar campaign from 2003 to 2008.
Several lawyers, including Ken Ford, who represents Braun in the "Batman" case, have adopted a similar strategy to Dunlap's and have filed suits on behalf of adult-filmmakers such as Third World Media and Larry Flynt, the founder of Hustler.
Up to now, attorneys replicating the Dunlap method start the process by gathering Internet Protocol addresses belonging to people who allegedly shared the movie files. The attorneys then file a complaint in federal court naming the defendants "John Does." A request is made of the court to
A law firm in West Virginia will demand that ISPs hand over the records of customers accused of violating the copyrights of porn studios. Porn studios to subpoena accused file sharers
If a person refuses to settle, then conceivably the attorneys representing the copyright owners will sue, although that has yet to happen. Cohn and other critics of this approach say they doubt the attorneys will want to spend the money on potentially drawn-out litigation. Ford told CNET last month that
Kenneth Ford is launching a copyright fight against people who illegally share X-rated films online. "I think that I have everything in our favor," he tells CNET.Porn studios' copyright lawyer: 'I will sue' (Q&A)
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