July 9, 2014 | The Biz

Copyright trolls use porn to shame alleged pirates

We all know that pirating movies, music and porn is illegal. If you get caught doing it, you could be fined. 
 
However, some companies and their lawyers are going a bit too far in their attempt to prosecute - and persecute - alleged copyright pirates.
 
Known as copyright trolls, these law firms and companies threaten alleged pirates with expensive court cases and the outing of personal information, in order to convince the individual to pay up to settle the case before it lands before a judge. In cases involving porn, the lawyers threaten to reveal to the public the various porn titles an individual illegally downloaded, hoping for a settlement.
 
But it may be getting worse. Porn producer Malibu Media, which owns the adult site X-Art, is hoping to shame alleged pirates by not only revealing the dirty videos the individual may have stolen, but by also demanding he confess to all his porn related activities.
 
In a current court case, Malibu lawyers asked the following questions:
  1. “Have you or anyone who has had access to a wireless router(s) or modem(s) in your home visited an adult website within the last two years? If so, identify the websites and state how often those websites were visited.”
  2. “Have you ever watched x-rated, adult or pornographic movies or live feeds (collectively, “adult content”)? If so, when was the last time you watched adult content, how often do you watch adult content, which studios do you prefer, and what type of movies do you prefer?”
  3. “Have you ever subscribed to an internet company distributing adult content? If so, identify the company and state the period of time that you were a subscriber.

In each instance, the defendant asserted that the questions were irrelevant, “overly broad, vague, unduly burdensome, and part of a calculated strategy intended to threaten Defendant with an intrusive invasion of unrelated personal information as retaliation for his failure to submit to Plaintiff’s extortion tactics.”

Malibu countered that any "...preference to studios that produce similar content can demonstrate a likelihood of infringement and may lead to the discovery of admissible evidence.” 

The judge has yet to determine who is right.

A lot of horny pirates will be watching this case closely. Best bet: get your porn legally and you won't have to  worry about the trolls under the "free" porn bridge. 

Copyright holder’s question: How much porn do you watch? [Arstechnica]

Copyright troll Malibu Media cries “Mommy!” [Fight Copyright Trolls]

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