Elf-Man LLC, producer of the direct-to-DVD release "Elf-Man" sued Eric Cariveau et al. in Federal Court a year ago, accusing them of sharing a peer-to-peer file of the movie.
Elf-Man claims the defendants illegally copied and distributed the movie online.
"Despite the industry's efforts to capitalize on internet technology and reduce costs to end viewers through legitimate and legal means of online viewing such as through Netflix, Hulu, and Amazon Prime, there are still those that use this technology to steal motion pictures and undermine the efforts of creators through their illegal copying and distribution of motion pictures," Elf-Man's attorney Maureen VanderMay wrote in the complaint.
U.S. District Judge Robert Lasnik granted Elf-Man's motion to initiate discovery on the IP addresses of defendants, but noted that "the risk of false positives is very real."
"It is not clear that plaintiff could
Elf-Man named 18 individual defendants in its first amended complaint. A default judgment was ordered against two of them; claims against the Doe defendants were dismissed. Claims against four other named defendants were also dismissed on the grounds of their implausibility.