Porn Studios Sue Verizon for Defending Its Customers From Torrent Suits
November 27, 2012 2:55 PM
comment(s) - last by
Media group claims Verizon is acting in bad faith by protecting its customers against mass lawsuits
that Verizon Communications Inc. (
) has been targeted in a lawsuit by three adult film companies: Malibu Media, Patrick Collins, and Third Degree Films.
The adult filmmakers want the court to hold the cable firm -- among the largest in the nation -- in contempt for objecting to dozens of mass-filed subpoenas from piracy attack dogs like the aforementioned trio's legal representatives.
Traditionally, piracy attack dogs have filed subpoenas to get ISPs to cough up the name and address of the customer associated with a particular IP address. The piracy watchdogs then turned around and sent extortion letters to the marks, telling them to pay a settlement or prepare to be sued.
Verizon is relatively cooperative with
copyright enforcement efforts. It's among the
the so-called "six-strikes" plan
, which could lead to customers who pirate having their connections throttled to disabled until they take remedial classes on anti-piracy "education".
However, that plan only deals with those who pirate content from the major movie studios and major music labels; porn piracy is not part of the deal (which is good news for
certain Congressional offices with a taste for porn torrents
). Thus the lawsuit, filed in plaintiff-friendly Texas federal court is likely in part a testament to this media market's frustration at being left out of Verizon,
's anti-piracy pact.
Porn studios are upset at Verizon for fighting their subpoenas of bittorrenters.
[Image Source: Julie Jacobson/AP]
When it comes to porn-piracy (not part of the aforementioned pact), Verizon suddenly goes from cooperating with the content holders in targeting customers with punishments to defending its customers. In these cases, it has argued that the infringer is often a teenager or neighbor and not the customer themself, and begun to file mass objections to the subpoenas. That has thrown a wrench in the plans of mass litigation contractors for these media players, as it would be prohibitively expensive to try to overturn each of the objections in court.
writes in one such objection, "[The subpoena] seeks information that is protected from disclosure by third parties’ rights of privacy and protections guaranteed by the first amendment."
When it comes to the
mass lawsuits, Verizon's
also takes issue with the premise of mass lawsuits itself, pointing to
cases that copyright groups lost
, on the grounds that the defendants did not act in a concerted manner (and hence the mass suit was inappropriate).
The porn studios have launched a bold legal attack on the far bigger ISP Verizon.
[Image Source: National Geographic]
The internet service provider's (ISP) unexpected defense of its customers has the pornography studios mad enough to sue. Their lawyers lash out at Verizon in their filing, commenting:
Verizon objects to the subpoenas on various grounds, all of which lack merit. Accordingly, Plaintiffs respectfully request that the Court overrule each of Verizon’s objections, compel immediate compliance with Plaintiffs’ subpoenas and hold Verizon in contempt for failing to obey the subpoenas.
Verizon’s current Objections can only be seen as being asserted in bad faith, and with the expectation to continue to profit from BitTorrent infringement at the expense of other, lower-tier ISPs and the consuming public at large. There is seemingly no incentive for ISPs such as Verizon to aggressively identify infringers on their network.
The trio cite an Aug. 2011
and Telefónica Research
[PDF], which claims that larger internet service providers (ISPs) like Verizon profit off allowing BitTorrent traffic, while smaller ISPs are left footing the bill. The study did not disclose its source of funding.
This article is over a month old, voting and posting comments is disabled
Use a proxy and encrypt traffic to keep other peoples noses out of your business
11/27/2012 3:20:04 PM
I'm not advocating piracy, I'm advocating privacy. If you don't want anyone to know what you are doing, including your ISP, enable encryption on your torrent program and go through a paid proxy like TorGuard. Its incredibly easy to set up. Once done all the RIAA will ever see is an IP to random servers in random countries and your ISP will only see garbled encrypted data flowing to you from these random servers.
RE: Use a proxy and encrypt traffic to keep other peoples noses out of your business
11/27/2012 11:36:26 PM
you kinda are
"We are going to continue to work with them to make sure they understand the reality of the Internet. A lot of these people don't have Ph.Ds, and they don't have a degree in computer science." -- RIM co-CEO Michael Lazaridis
RIAA's Leaked Letter Admits SOPA was "Ineffective", Plots Six-Strikes
July 31, 2012, 3:42 PM
Another Judge Rules IP Addresses Can't be Used to Identify People
May 5, 2012, 10:26 PM
Verizon, TWC, and Comcast to Play "Copyright Cop" for the RIAA
March 16, 2012, 12:31 PM
Congress Plugs Anti-Piracy Legislation By Day, Pirates Porn by Night
December 29, 2011, 10:41 AM
Microsoft to Discontinue Free, Ad-supported Xbox Music Service on December 1
October 23, 2014, 10:03 AM
Christian Bale Confirmed to Play Steve Jobs in Upcoming Film
October 23, 2014, 8:43 AM
Monica Lewinsky Speaks Out, Calls Herself "Patient-Zero" for Internet Cyberbullying
October 21, 2014, 2:25 PM
Google Fiber Finally Heading to Austin, Texas in December
October 16, 2014, 11:48 AM
Dropbox Flexes Security Muscle, Appears to Have Squashed Password Breach
October 15, 2014, 12:12 PM
U2’s Bono Apologizes for Forced “Songs of Innocence” Album Downloads
October 15, 2014, 7:55 AM
Most Popular Articles
Chinese Government Declares Digital War Against America's Top Tech Firms
October 20, 2014, 12:07 PM
Report: 2015 Ford Focus Electric MSRP Slashed by $6,000, Will Retail for $29,995
October 18, 2014, 6:23 PM
Apple Releases iOS 8.1; Adds Apple Pay Support, SMS Relay, Instant Hotspot
October 20, 2014, 1:00 PM
Windows 8.1 + Android "Sell Mini PC" w/ Bay Trail Creates New PC Form Factor
October 20, 2014, 5:07 PM
Update: Motorola Droid Turbo Coming Oct 28, 48-hour Battery Life Confirmed
October 19, 2014, 9:19 PM
Latest Blog Posts
The Surface Mini That Was Never Released Gets "Hands On" Treatment
Sep 26, 2014, 8:22 AM
ISIS Imposes Ban on Teaching Evolution in Iraq
Sep 17, 2014, 5:22 PM
Space Terrorism is a Looming Threat For the United States
Apr 23, 2014, 7:47 PM
Facebook Aims to Provide Internet to "Every Person in the World" with Drones, Satellites
Apr 1, 2014, 10:20 AM
Retail Mobile Sites Experience Outages in Light of Simplexity's Bankruptcy
Mar 14, 2014, 8:48 AM
More Blog Posts
Copyright 2014 DailyTech LLC. -
Terms, Conditions & Privacy Information