All Malibu Media Subpoenas In Eastern District NY Put On Hold

NewYorkCountryLawyer sends an update on the progress of Malibu Media, the company that filed subpoenas and copyright lawsuits over alleged BitTorrent piracy of pornography films: A federal Magistrate Judge in Central Islip, New York, has just placed all Malibu Media subpoenas in Brooklyn, Queens, Long Island, and Staten Island on hold indefinitely, due to "serious questions" raised by a motion to quash (PDF) filed in one of them. Judge Steven Locke's 4-page Order and Decision (PDF) cited the defendant's arguments that "(i) the common approach for identifying allegedly infringing BitTorrent users, and thus the Doe Defendant, is inconclusive; (ii) copyright actions, especially those involving the adult film industry, are susceptible to abusive litigation practices; and (iii) Malibu Media in particular has engaged in abusive litigation practices" as being among the reasons for his issuance of the stay.

Comments

DMCA needs to die

[Roodvlees]

Great that anti-piracy bullshit is not enforced here, probably because it's a porn producer. But there are still plenty of reasons why DMCA is terrible and should die.

Re:DMCA needs to die

[jonwil]

This has nothing to do with the DMCA, this is a straight out copyright infringement lawsuit being filed.

The real problem is that the methods the copyright holders (or the copyright enforcement goons acting on their behalf) are using to identify torrent users aren't good enough and its good to see at least one judge willing to call these enforcers out on it.

You're a funny dinosaur, and wrong

[Anonymous Coward]

Porn needs to die. It harms families, creates promiscuity, and is harmful to children and women. Why we tolerate this smut in our Christian nation I will never know.

I know you're trolling, but I'll bite anyway.

All the perceived negative effects of porn stem from sex and nudity having been given a historic stigma by the church, for which your kind is to blame entirely. There is nothing evil or harmful in natural sexual processes whatsoever, nor in the naked body, but just the opposite: they provide happiness and enjoyment, and as a side effect produce offspring which was nature's motive for making sex enjoyable in the first place.

The above doesn't excuse non-consensual or violent porn of any kind, nor sexual servitude under duress, let alone attacks on children. Those are all simply criminal abuse, and should have no place in a civilized society. That's not because of religious doctrine but because abuse and duress are a violation of people's personal freedom and safety in a supportive society.

Religion has programmed you into seeing good things as evil without any defensible justification other than historic dictats. You really ought to think about it yourself a little more deeply and logically, instead of blindly adopting what you're told to think. It doesn't stand up to scrutiny.

Re:You're a funny dinosaur, and wrong

[Anonymous Coward]

"All the perceived negative effects of porn stem from sex and nudity having been given a historic stigma by the church, for which your kind is to blame entirely. There is nothing evil or harmful in natural sexual processes whatsoever, nor in the naked body, but just the opposite: they provide happiness and enjoyment, and as a side effect produce offspring which was nature's motive for making sex enjoyable in the first place."

If you make more things forbidden, then you have more things to feel guilty about. And if you feel guilty about something you need someone to forgive you.
And having a select few who know everyone's guilty little secrets gives those few a lot of indirect power.

Re:You're a funny dinosaur, and wrong

[Kjella]

You have to remember that Christianity is at its core a guilt trip. We are all pitiful sinners that can be redeemed by the mercy of our Lord, who selflessly sent his only son so he could die for our sins. That's how it starts in the garden of Eden with the original sin, the seven deadly sins of lust, gluttony, greed, sloth, wrath, envy and pride and so on. Who has never had a touch of any of them? Not to mention all the implied ones by breaking the commandments and so on, unless you're a walking saint everybody needs forgiveness for something. Sexuality is of course a big one, take a basic instinct humans have and turn it into something shameful and you'll have a never-ending supply of people needing forgiveness for their sinful thoughts. Fortunately this institutionalized manipulation is in massive retreat though there's still some slut shaming at the fringes but for the most part people seem to feel good about their sexuality. As it should be.

Re:wow 38% of copyright cases, 88% of IP, are Mali

[sjames]

Correction: Someone in that household, or leeching that household's WiFi or someone with a hacked cable modem or someone at the ISP downloaded that content that they may or may not have known was copyrighted.

Or due to a clerical error, perhaps it was another household.