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+ - Porn studio sues immigrant who has "no idea how BitTorrent works," wins big->

Submitted by mpicpp
mpicpp writes: Lawsuit-happy porn studio beats a "poor sap" whose pleas of ignorance fail.

Porn studio Malibu Media files more copyright lawsuits than anyone else in the US since the fall of Prenda Law; hundreds of suits against "John Doe" defendants have been filed in just the last few months. Nearly all of those cases settle before the case is decided on the merits.

However, in a rare development yesterday, a Malibu lawsuit proceeded to a judgment—and it was a slam dunk for the porn studio. In a terse five-page order (PDF), US District Judge Robert Jonker tore apart defendant Don Bui's arguments that using BitTorrent and the site Kickass Torrents to get porn files didn't violate Malibu's copyright.

Jonker saw guidance in the recent Aereo case as well, calling it "instructive even though it is dealing with a different aspect of copyright infringement." Six justices found that Aereo's "tiny antennas" scheme wouldn't get around copyright law, and in Jonker's reading, even the three dissenting justices "simply believed the proper pathway to liability was contributory infringement rather than direct infringement." The takeaway message of the Aereo case is that "the ever-changing technological means of producing unauthorized copies of protected works must not obscure the basic protection of the Copyright Act for copyright holders."

Malibu is sure to show off the Bui case as a feather in its cap to other defendants, especially after it gets a ruling on damages. The company's lawyers never hesitate to bring up the Pennsylvania "bellwether trial" which resulted in a $112,500 judgment against the only defendant who didn't settle.

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Porn studio sues immigrant who has "no idea how BitTorrent works," wins big

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