Category Archives: Malibu Media LLC

Malibu Media California cases ordered to reveal geolocation accuracy.

BIt is nice to see when a house of cards starts to shake.  It reminds me that with a gentle blow, all the cards can come tumbling down.  SJD shares that Malibu Media California Cases (X-Art) are about to experience some wind.

Kudos to Sophisticated Jane Doe at Fight Copyright Trolls for breaking this story.  Her article, entitled “Judge Alsup threatens to bar further Malibu Media cases in his district until the accuracy of the geolocation technology is fully vetted” is a worthwhile read. This is true EVEN for those who do not delve into the details of what happens in Malibu Media California cases versus Malibu Media Texas cases filed by Andrew Kumar and Michael Lowenberg.

California Judge Alsup Order Asks To Scrutinize Maxmind Geolocation Services.

Malibu Media, LLC has filed 6,000+ lawsuits across the US relying on a Maxmind geolocation database which they use to determine which infringers to sue (based on their city and/or zip code), and in which federal court to sue them.

The zip code data becomes relevant internally because Malibu Media targets accused defendants who live in ‘wealthy’ neighborhoods and ignores defendants who they believe do not have the ‘assets’ to pay them the ransom they demand from each accused downloader.

Taken from Maxmind’s site, they even offer services which provide their customers the estimated average income of each infringer so that Malibu Media can focus their efforts on only the ‘highest income infringers.’

Average Income (US Only)The weighted average income in US dollars per person for the zip code(s) associated with the IP address.

More relevant to the Malibu Media California cases and SJD’s article, geolocation data is important because filing a lawsuit against a defendant who does not live in that district deprives the court of jurisdiction to hear the case against that defendant.  This is called ‘personal jurisdiction.’

But, in the California Malibu Media Cases, this “Maxmind” service might cause the downfall of all of the Malibu Media California cases.  Why?  Because Judge Alsup is about to figure out exactly how the geolocation services work.

You could bet that if they fall in California, I will be sharing what made those cards fall with the judges in Texas, NJ, NY, (and since I follow Malibu plaintiff attorney Jackie James around with her Malibu Media cases), CT too.  Why?  Because California Judge Alsup’s rulings are binding only in the California federal courts.  However, in all other federal courts, they are still PERSUASIVE.

If I had one wish, it would be for Judge Alsup to also review the Guardaley Black Box.

Not to look a gifthorse in the mouth, but when I wrote this article initially, I thought that Judge Alsup was going to investigate Guardaley’s black box.  Here is why:

Malibu Media California Cases | Soon to fall like a House of Cards
wilhei / Pixabay

“Because we download fragments from you, you must have the entire file.”

The Guardaley bittorrent tracking system dips in to various bittorrent swarms and connects with computers to download tiny bittorrent file fragments with the logic that if the download from a particular internet user’s computer was successful, then [LOGIC JUMP] that user must have the entire file downloaded on his computer.

This identical black box issue applies to the other MOVIE LAWSUITS too.

It should be noted that without getting into conspiracy theories about how the MPAA / RIAA colluded with Malibu Media, LLC and the other pornography companies to break copyright, other mainstream movie cases potentially ‘have egg on their faces’ too with Judge Alsup’s order.

Why?  Because whether we are dealing with a Malibu Media, LLC case, a ME2 Productions case, a Cook Productions case, a I.T. Productions case, or even a WWE Studios Finance Corp. movie… you are still dealing with RIGHTSENFORCEMENT, Carl Crowell, Anti-Piracy Management Company (APMC), and ultimately… Guardaley, the German company behind each of the various US-based shell companies selling rights to use their black box bittorrent tracking software.

I could also bet that these same companies are likely using the same “Maxmind” geolocation services as well (since they cut-and-paste their boilerplate strategies, whether applying their system to internet users accused of downloading pornography, e-books, or movie content).

How much of the infringing file must you have for Malibu Media to prove copyright infringement?

If Judge Alsup continues to investigate Malibu Media’s cases beyond the Maxmind geolocation services, I encourage him to also investigate the Guardaley black box.

QUESTIONS TO ASK:  Judge Alsup might ask how the system chooses to connect to the computers, and whether it randomly selects one “block” (a file fragment; often 16 KB in size) hundreds of blocks, or millions of blocks (Malibu Media bittorrent files (“.torrent” files) usually comprise a siterip which contains multiple movie files contained in one bittorrent “.torrent” file.  Each movie file can be hundreds of MEGABYTES large, and the total bittorrent “.torrent” file can potentially be MULTIPLE GIGABYTES large).

Simplifying the numbers:  Assuming a .torrent file contains 1GB of movie files (1GB = 1,000 MB = 1,000,000 KB), and that 1GB torrent is broken down into 16 KB blocks (file fragments), then the Malibu Media X-Art Movie bittorrent will be broken down into 62,500 blocks.  If Malibu Media’s Guardaley black box shows that they have successfully downloaded 100 separate 16KB blocks, that means that they have established only that accused infringer has downloaded 1.6 MB of a 1 GB torrent file.  At 200 KB/s (not going into the minute differences between a Kilobyte and a Kilobit), that means that the downloader participated in the bittorrent swarm downloading Malibu Media’s Siterip content for a total of 8 seconds, and that they have only 1.6 MB of Malibu’s X-Art movie (1.6 MB of 1 GB = .0000016% of Malibu’s Siterip, hardly enough to prove that it was “more likely than not” that the accused John Doe Defendant committed copyright infringement.

If Malibu Media’s Guardaley black box is selecting and connecting to only a small number of blocks (a small set of file fragments, noting that there are potentially tens of thousands of blocks needed to complete a download) this does not prove that the accused defendant downloaded anything more than the number blocks the Guardaley black box software tracked the user as possessing on his or her computer.

Malibu Media California Cases and the “Preponderance of Evidence Standard”

Malibu Media, LLC will counter that the evidence they need to prove is “more likely than not,” namely, that it is more likely than not that the accused downloader downloaded enough of the infringing file to constitute copyright infringement.  This is also called the “preponderance of evidence” standard of proof in legal speak.  Thus, Malibu Media, LLC will not need to prove that the entire file was downloaded; only that ‘it was more likely than not’ that the file was downloaded.

However, for the Malibu Media California cases, I am hoping that the plaintiff attorney will need to prove to Judge Alsup that this is the case, and to do this, they will have to open their black box software up to Daubert-level scrutiny.  If they fail in this task, Malibu Media California cases will end and the next ‘wave’ of cases will need to be spread across other federal courts, sans California.  Looking into the geolocation technologies (which Malibu Media, LLC claims is 100% accurate), however, is a good start.

He just used the words…”HEARSAY.”

Of interest to me is something that Fight Copyright Troll’s article didn’t talk about — namely, that UNLESS THE MAXMIND GEOLOCATION SERVICES CAN BE VETTED, the printouts and data Maxmind purports to share about an accused John Doe Defendant’s location is nothing other than HEARSAY.  (See Judge Alsup’s Order, p.2, line 12).

The declaration parroted several hearsay statements about the accuracy of Maxmind from its website.

To the copyright troll attorneys who read my blog to learn what we are thinking about as far as strategy: While I am not making a big deal to flush out the hearsay issue, I just wanted to take a moment to point out that those same words just came out of Judge Alsup’s mouth.  Namely, that the so-called geolocation evidence that the Maxmind services provide might not even be admissible at trial because the it is considered HEARSAY, and likely not admissible under the hearsay exceptions.

Since these words came out of his mouth, I bet it is a good idea to have a good explanation prepared why the data provided by the Maxmind geolocation service should not be considered hearsay and thus inadmissible as you are trying to reach that “more likely than not” evidence standard.

Malibu Media Copyrights No Longer Filed, but X-Art is still FILMING?

Five days ago, I wrote an article noting that Malibu Media copyrights were no longer being filed.  I noted that from 2012-2015, Colette and Brigham Field, owners of X-Art (Malibu Media, LLC) filed over 100+ copyrights each year, and that to date they have filed over 6,000 copyright infringement lawsuits in federal courts across the US.  Because the number of copyright filings dropped off in 2016 (and now in 2017, there were ZERO copyright filings to date) I mistakenly assumed that Malibu Media was no longer filming porn videos.

This morning, I read an article by Breitbart author Warner Todd Huston that not only is X-Art still filming their porn videos, but that they did so from NBA star Chris Bosh’s 10,755-square-foot mansion in Pacific Palisades, California.  Pictures of Bosh’s 1.5 acre estate [now the backdrop of future X-art.com films] can be found here.

Malibu Media still filming X-Art porn videos, but are filing NO COPYRIGHTS.

The fact that valid Malibu Media copyrights exist has been the tactical keystone to justify the thousands of copyright infringement lawsuits they have filed over the years.  To date, Malibu Media holds 731 copyrights, each of which have been used or asserted against those who have downloaded their films using bittorrent.

Copyright.gov Malibu Media Copyrights

Malibu Media copyrights, just like every other action taken by Colette and Brigham Field are filed are maneuvers to maximize the profitability of their X-Art adult films (even to the point of complaining that the Bosh house was full of toxic mold and rat droppings in order to recoup a $92,000 security deposit):

…the mansion was unsafe and filled with toxic mold, roof leaks, rat droppings, plumbing problems, and slow internet connections. The couple is suing to get their $92,000 security deposit back.

What I do not understand is why they are not filing copyrights for these new films.  There must be a REASON — a tactical reason — whether it is to scheme, scam, or extort money from some family or some internet user who has stumbled upon their films.  Why to date are there ZERO copyright filings for their new movies?

Malibu Media Copyrights To Date (Filed 2009 – YTD 2017)

Here is a tally of the number of copyrights filed by Malibu Media to date:

  • In 2009, Malibu Media, LLC filed for only 2 copyrights.
  • In 2010, 15 copyrights.
  • In 2011, 61 copyrights.
  • In 2012 (when they first started suing), 129 copyrights.
  • In 2013, 177 copyrights.
  • In 2014, 189 copyrights.
  • In 2015, 112 copyrights.
  • In 2016, 46 copyrights.
  • In 2017, ZERO copyrights filed.

Malibu Media movies, and why it is important to know this list.

MALIBU MEDIA MOVIES

Malibu Media, LLC is the biggest filer of copyright lawsuits, possibly ever.  Since 2012, Malibu Media, LLC filed 6,000+ cases filed in federal district courts across the U.S. (and counting).  Their lawsuits sue for $150,000 in copyright infringement damages for the unlawful download of ONLY ONE MALIBU MEDIA MOVIE, but in their filing against the individual ISP account holder, they accused that subscriber of downloading tens, sometimes over 100 films. Malibu Media movies are no longer filmed (or, at a minimum, they are no longer filing copyrights for any new movies), but it appears as if 100% of their efforts is on tracking users who view those movies without authorization over the internet.

Malibu Media, LLC has been accused of not properly publishing their movies before suing defendants, and more often than not, internet users have reported that they were sued for downloading Malibu Media movies which were not yet posted on Malibu Media LLC’s X-Art.com website.  Curiously, Malibu Media movies first appear as “leaked” onto the bittorrent networks.  Recently, it has become a question as to whether Malibu Media, LLC is running what is called a ‘honeypot’, similar to what John Steele of Prenda Law Inc. was caught doing.

Malibu Media, LLC deceptively takes advantage of the three-month rule loophole as codified in 17 U.S.C. § 412  by suing for Malibu Media movies which were not copyrighted at the time the alleged downloads took place.  Thus, any internet user who took the time to visit the Copyright.Gov website to check on the status of Malibu Media movies before downloading them (a ‘careful’ infringer) often will not find the searched-for Malibu Media movie title, yet Malibu Media still claims copyright rights over that movie.

What makes Malibu Media, LLC especially dangerous?

I normally wouldn’t spend the time on an article like this, but what makes Malibu Media, LLC especially dangerous to a copyright infringement defendant is that unlike other copyright holders who file a lawsuit as soon as infringement is detected, Malibu Media, LLC waits.

Malibu Media, LLC does not immediately file the lawsuit once infringement is detected.  Rather, using technology akin to wiretapping, they will watch the IP address and network of their suspected infringer, and they will sit in the background like a virus and will log each and every movement, web page visited, and every movie watched (legally, illegally).

NOTE: Both I and Professor Sag have gone in depth about the lack of evidence Malibu Media, LLC has in their cases.  Like the other ‘common troll’ copyright trolls and those affiliated with Guardaley and their German shell company counterparts, the type of ‘evidence’ Malibu Media, LLC appears to log and produce is ‘snapshot’ evidence.  Snapshot evidence is proof that on a certain date and time, a computer having an IP addressed assigned to a defendant’s internet account was ‘in the room’ (in a bittorrent swarm).  However, this is not evidence that actual copyright infringement happened, or that they actually logged anything other than a snapshot.  Similarly, this “other evidence” they have when they track you 1) is likely inadmissible because it is illegal, and 2) if it is not wiretapping and it was obtained with legal means, it is likely prejudicial character evidence.  And even if it is not, 3) it is still likely hearsay.

Once Malibu Media’s German investigators have enough so-called ‘evidence’ on an alleged infringer, they will file a copyright infringement for one lawsuit, and as an attachment, they will list “other Malibu Media movies” they claimed were also downloaded, some logged months or even over a year before the lawsuit was filed.

I used the term ‘wiretapping’, which is illegal.  However, wiretapping is not the subject of this article.  The point to acknowledge is that Malibu is somehow tracking the activities of its selected targets, and once it has amassed enough incriminating data on that defendant, they file a lawsuit.

How do I know that Malibu is tracking their users?

The fact that Malibu Media, LLC is actually tracking the activities of their targeted users over a long period of time was not immediately clear to me.

In 2013, Malibu Media was listing “other downloaded movies and copyrighted titles” in their lawsuit filings.  Back in 2013, Malibu Media, LLC spent quite a bit of time trying to establish that their defendants were ‘serial’ infringers, and thus the judge should rule that any innocuous downloads should be considered ‘willful infringement’.  (‘Willful infringement’ carries statutory damages of $150,000, whereas ‘non-willful infringement’ can allow for minimum statutory damages of only $750).  Malibu’s goal at the time was to prove that since the defendant was a ‘serial infringer,’ meaning, since he downloaded all of these other titles, he must have downloaded their adult videos as well, as claimed in the lawsuit complaint.

The courts obviously did not like Malibu’s practice of including “other non-Malibu titles downloaded,” and they ruled that this evidence was prejudicial character evidence.  Since then, Malibu Media, LLC stopped including this extraneous data (although, this has not stopped other copyright attorneys from doing the same thing out of the court).

Thinking back, however, the question the attorney defending the case should have asked (it wasn’t my client’s case) was not only whether the so-called evidence of other downloaded movies is prejudicial character evidence, but whether Malibu Media, LLC broke federal and state wiretapping laws to acquire that information.

Just yesterday, I wrote that Malibu Media, LLC was on a three-month hiatus, and that based on their pattern of filing lawsuits, I did not expect new lawsuits to be filed until the summer.  However, for users watching and viewing Malibu Media movies, it occurred to me that they have already likely tagged you and are actively tracking your internet activities.  They will likely continue to do so until they file suit in their next round of lawsuits.

What can we do about it if Malibu is already tracking me?

Remember, Malibu Media only files lawsuits against defendants who have a history of viewing their copyrighted movies.  So if you were tagged, the best way to minimize your chances of being sued is to stop viewing Malibu Media movies.

However, as soon as you see the X-Art.com logo featured at the top of this page in Malibu Media movies’ intro clips, it is likely too late.  They have likely already tracked that, so unplugging the power from the wall won’t change the fact that they just monitored you downloading their adult film.  It is better to be aware of the sheer number of Malibu Media movies already copyrighted, and to be aware of which adult movie titles belong to Malibu Media, LLC.  Better yet, it is a good idea not to get tracked at all, but that is outside the scope of this article (and take those precautions at your own risk), especially since we do not yet understand how they are tracking your activities.

How can I look up the Malibu Media movies which have been copyrighted?

The Copyright.Gov page allows you to do a search.  You would search for “Malibu Media” in the “Name”.

When you do the search, you will see the following page snippet; click on “Malibu Media, LLC” (as of writing this article, they have 731 titles copyrighted).

Copyright.gov Malibu Media Search

How Many Malibu Media movies were filed each year?

This is not exactly relevant or useful (yet), but it is still interesting to note.

  • In 2009, Malibu Media, LLC filed for only 2 copyrights.
  • In 2010, 15 copyrights.
  • In 2011, 61 copyrights.
  • In 2012 (when they first started suing), 129 copyrights.
  • In 2013, 177 copyrights.
  • In 2014, 189 copyrights.
  • In 2015, 112 copyrights.
  • In 2016, 46 copyrights.
  • In 2017, ZERO copyrights filed.

Obviously, I can pull a lot of information from this data, namely that the number of Malibu Media movies filmed appears to follow the number of copyright infringement lawsuits filed for the sharing of these titles, as if they were filmed for the sole purpose of suing for the infringement of these titles.

I also want to note that at the peak of their lawsuits — 2013-2014, they filed a total of 366 full length adult videos.  That’s a lot of video taping (and a lot of something else) — almost one full length adult film churned out every other day.

Lastly, it is notable that in 2016 and 2017, the number of new Malibu Media movies dropped to 46 in 2016, and ZERO in 2017.  At this point, Malibu Media, LLC and X-Art.com are no longer in the adult film business.  Their activities appear to now comprise 100% copyright trolling.

Can I see the list of Malibu Media, LLC movie titles?

And last, but not least, the list of Malibu Media movies currently copyrighted (in ABC order).

MOVIE TITLE#DATE:
Above the Air.PA00019442002015
After Hours.PA00017804612011
Afternoon Picnic.PA00018269982013
Afternoon Snack.PA00018332672013
Afterthoughts.PA00019094792014
Alexis Lovely and Ready to Fuck.PA00019704602015
All About Anna.PA00018861952014
All I Want for Christmas.PA00019869762015
All Oiled Up.PA00018851872014
All Tied Up.PA00018660772013
Almost Famous.PA00018646872013
Alone in My Room.PA00018596632013
Alone is a Dream Left Behind.PA00018609842013
Amazing Grace.PA00018064772012
Among the Wildflowers.PA00019547942015
And Then There Was You.PA00018746152013
Angel Afternoon Delight.PA00017768352012
Angel Dust.PA00019442012015
Angel Journey to the East.PA00017694902011
Angel Seaside Romp.PA00017715282012
Angelica Means Angel.PA00019097822014
Angie VIP Lounge.PA00017717052011
Anneli Dream Girl.PA00017694892011
Anneli Leila Menage a Trois .PA00017716622012
Another Night.PA00018333592013
Any And All For You.PA00019086772014
Apartment in Madrid.PA00018269922013
Apartment Number Four.PA00018359542013
Apertif Our Style.PA00018745222013
Are You Man Enough.PA00019507612015
Arrest Me.PA00018719412013
Art of Anal Sex.PA00017768342011
Artiste.PA00020201802016
Aspirations.PA00018346692013
Aspirations.PA00018385942013
Asstastic.PA00020150882016
At Home With Tiffany.PA00018804962014
Au Paradis.PA00018958462014
Aurora Wants It All.PA00020252412016
Awakening.PA00018688062013
Awe Inspiring Orgy.PA00019177122014
Baby Blues.PA00018678872013
Back For More.PA00019284272014
Back to Bed.PA00018476562013
Backdoor Lover.PA00017859582011
Backstage.PA00017979432012
Bad Girls.PA00018476612013
Barely Fits.PA00019284122015
Be With Me.PA00019075742014
Beautiful Girl.PA00019097842014
Beautiful Place.PA00019954802016
Bedtime Hijinks.PA00019127762014
Being Me.PA00018025602012
Best Blondes.PA00018658162013
Best Friends With Benefits.PA00019351022015
Black and White.PA00018312262013
Black Lingerie Bliss.PA00018064682012
Black On White.PA00019094892014
Black Widow.PA00019871832015
Blindfold Me : 2.PA00018678902013
Blindfold Me and Tie Me Up.PA00018678882013
Blindfold Me Baby.PA00019029712014
Blonde Ambition.PA00017797962012
Blonde In My Bedroom.PA00018692472013
Blonde Perfection.PA00019260612014
Blonde Teenage Dream.PA00020252372016
Blondes Love Brunettes.PA00019373762015
Body Language.PA00018680962013
Bohemian Rhapsody.PA00018675842013
Bottoms Up.PA00018385962013
Bound By Desire.PA00019507602015
Brazilian Love Affair.PA00018950952014
Breakfast at Eves.PA00019094802014
Breakfast in Bed.PA00017872532012
Brilliant Jillian.PA00018826482014
Bring Me To My Knees.PA00019321062015
Bunny Love.PA00018431092013
Burning.PA00018609512013
By Myself.PA00018161672012
Cabin And My Wood.PA00019739972015
California Dreams.PA00017805642012
California Surf Fever.PA00019539532015
Call Me Fox.PA00019212912014
Cant Let Go.PA00019177132014
Caprice Makes Me Cum.PA00019740232015
Caprice Tropical Vibe.PA00017768022011
Capture Me.PA00019442022015
Caribbean Christmas.PA00019260932014
Carla Intimate.PA00017787672012
Carlie Beautiful Blowjob .PA00017620792010
Carlie beautiful blowjob & 9 other titles; motion pictures.V3621D3962012
Carlie Beautiful Blowjob / by Malibu Media, LLC.PA00013971912011
Carlie Big Toy Orgasm.PA00017768392010
Carlie Big Toy Orgasm / by Malibu Media, LLC.PA00013971922012
Carlie Leila Strawberries and Wine .PA00017620812010
Carlie Leila Strawberries and Wine / by Malibu Media, LLC.PA00013971902011
Carmen An Afternoon to Remember.PA00017759022012
Carmen Leila Christmas Vacation.PA00017717062011
Carmen Poolside Striptease.PA00017716722012
Carry Me Home.PA00019084522014
Cassie My Love.PA00018660532013
Casual Affair.PA00018004712012
Casual Sex.PA00018208572012
Cat Fight.PA00019160432014
Catching the Sun.PA00019507622015
Catching Up.PA00018893912014
Chloe Loves Carl Part 2.PA00019065612014
Christmas Story.PA00018745272013
Circles of Bliss.PA00018332972013
Classic Beauty.PA00018064732012
Clean and Wet.PA00018609552013
Close to the Edge.PA00018005792012
Cloudy Hot Day.PA00019187902014
Cock Teaser.PA00019953342016
Come Close.PA00019051402014
Come From Behind.PA00018632482013
Come Fuck With Me.PA00020149512016
Come Inside From the Cold.PA00018624842013
Come to Me.PA00017913502011
Come To Me Now.PA00018921812014
Come To My Window.PA00017995762012
Come Together Part #1.PA00019428402015
Come Together Part #2.PA00019428412015
Coming Late.PA00019042862014
Competition.PA00019321162015
Connie True Love.PA00017759032012
Constance Aaron X-Art on TV.PA00017717072011
Coucher Avec une Autre Fille.PA00018017152012
Creamy.PA00018746172014
Cristalina.PA00017939722011
Crush on Kush.PA00020149352016
Cum In Get Wet.PA00019239482014
Cum Inside the Fantasy Suite.PA00019420002015
Cum on the Floor.PA00019148182014
Cum With Me.PA00018177142012
Cum Worthy.PA00019364742015
Cut Once More Please.PA00019054912014
Czech Beauties.PA00018596542013
Czechmates.PA00020149322016
Daddy’s Office.PA00017768382010
Daddy’s Office / by Malibu Media, LLC.PA00013971842012
Dancing Romance.PA00019039152014
Dangerous Game.PA00018105052012
Dangerous When Wet.PA00019547932015
Dark Desires.PA00018596582013
Date Night at Home.PA00018646892013
Day to Remember.PA00018118502012
Daydream.PA00018104552012
Deep Awakening.PA00019493682015
Deep Blue Passion.PA00018851682014
Deep Down In Me.PA00019229552014
Deep In Love.PA00020150852016
Deep Inside Caprice.PA00017768372011
Deep Longing.PA00018257222013
Deepest Desires.PA00019351102015
Digital Love.PA00018630552013
Do It To Me One More Time.PA00019441982015
Do Me Darling.PA00019212972014
Do Not Keep Me Waiting Part #1.PA00019412832015
Do Not Keep Me Waiting Part #2.PA00019412842015
Domination.PA00019739992015
Domination Part 2.PA00019740012015
Dorm.PA00017804682011
Double Daydreams.PA00018692462013
Double Oh Heaven.PA00019187362014
Double Tease.PA00018921832014
Dream Come True.PA00018003562012
Dream of You.PA00019095162014
Dreams do Come True.PA00018519792013
Dressed to Thrill.PA00019739952015
Drinks For Two.PA00019055122014
Dripping Desires.PA00019187372014
Dripping Pleasures.PA00019412852015
Early Morning Orgasm.PA00019145362014
East Meets West.PA00019260882014
Elevated Erotica.PA00019095132014
Elle Hearts Girls.PA00018476522013
Emilie Is All Alone.PA00018899132014
Enchanting Real Orgasms.PA00018332952013
Enjoy My Backdoor.PA00019041492014
Enjoy the Ride.PA00019260862014
Epic Love.PA00018980912014
Erotic Encounter.PA00019657582015
Erotic Stretching and Sex.PA00018622932013
Evening at Home.PA00017825592012
Evening at Home Part 2.PA00017852042012
Everlasting Friendship.PA00018346202013
Everlasting Friendship.PA00018385952013
Every Guys Perfect Threesome.PA00020151132016
Every Mans Sexy Camping Trip.PA00019670792015
Exposed And Aroused.PA00019212932014
Falling For You.PA00018460972013
Fantasy Come True.PA00018746292013
Farewell.PA00018004732012
Fascination With My Body.PA00018851892014
Fashion Fantasy.PA00018851852014
Fashion Models.PA00018385992013
Fashion Models Are Bisexual.PA00019260852014
Faye Prelude to an Orgy.PA00017768362011
Featherlight.PA00018346182013
Feeling Frisky.PA00018806712014
Finding Elysium.PA00018147842012
Fine Fingerfucking.PA00020150982016
Fireside Fantasy.PA00019076072014
First and Forever.PA00018631122013
First Lesbian Experience.PA00019470932015
First Love.PA00018064762012
First Time.PA00019260922014
Flexible Beauty.PA00018118532012
Floating Emotions.PA00018871262014
Foot Fetish.PA00017939702012
For Your Eyes Only.PA00019094852014
Forever You Part #1.PA00019239652014
Forever You Part #2.PA00019239662014
Formidable Beauty.PA00018147852012
Four Play.PA00020149382016
Four-Way Fuckathon.PA00019785122015
Four Way In 4K.PA00019954992016
Four Ways.PA00019145322014
Foursome.PA00017804702011
Freckle Faced Fox.PA00019704542015
From Three to Four.PA00018980592014
From Three to Four Part 2.PA00019029702014
Fuck Me More.PA00019239572014
Fucking Ballerinas.PA00019284042015
Fucking Goddesses.PA00019160512014
Fucking Hot Threesome.PA00019577002015
Fucking Perfection.PA00017895072011
Fucking Picnic.PA00019704872015
Fun for Three.PA00019147312014
Get Wild At Home.PA00018774702014
Getting Down.PA00018386012013
Getting Our Pussies Wet For You.PA00019953322016
Getting Ready for Bed.PA00018806692014
Getting Ready For You.PA00018747442014
Gift From Colette.PA00018729692013
Gift From Vegas.PA00019740042015
Girl in a Room.PA00018609682013
Girl in My Shower.PA00017835492009
Girl in My Shower / by Malibu Media, LLC.PA00013971782012
Girl Like You.PA00018270062013
Girl’s Fantasy.PA00018192942012
Girls Just Want to Have Fun.PA00019470902015
Girls Love Pink and Diamonds.PA00018622902013
Girls Night.PA00017939712012
Girls Night Out.PA00017624092011
Girls Who Like Girls.PA00018526762013
Girly Girls.PA00018622842013
Give Me More.PA00019043112014
Give Me More Part 2.PA00019054792014
Go Down On Me.PA00019041312014
Go Fish.PA00018804692014
Going Strong.PA00018596602013
Good Morning Baby.PA00018476552013
Good Morning I Love You.PA00019412872015
Good Morning Melissa.PA00020201752016
Good Night Kiss.PA00018729702013
Good Vibrations.PA00018003592012
Grace Angelic.PA00018000222012
Green Eyes.PA00018430902013
Group Sex.PA00018921822014
Grow Up With Me.PA00018661852013
Happy Birthday Capri.PA00018460872013
Happy Couple.PA00017944612012
Happy Ending.PA00017804642011
Hayden Pink and Tight.PA00017768052011
Heart & Soul.PA00018153532012
Heaven Sent.PA00017881362012
Heavenly Brunettes.PA00017807662012
Her First Threesome.PA00017913492011
Her First Time.PA00018630462013
High School Dropouts.PA00018719342013
Highrise Rendezvous.PA00019082132014
Hippie Chic.PA00019461892015
Holiday in Spain.PA00017804662011
Horsing Around.PA00019955022016
Hot Bath for Two.PA00019147342014
Hot Brunettes.PA00018659572013
Hot Chocolate.PA00018596572013
Hot In Here.PA00019900012016
Hot Number.PA00018784562014
Hot Orgasm.PA00019039222014
Hot Sauna.PA00017804712011
Hot Summer Rain.PA00019239602014
Hot Winter Fox.PA00019740182015
House of the Rising Sun.PA00018064752012
I Am In the Mood.PA00018806722014
I Can Not Wait.PA00018774732014
I Know You Love Me.PA00019461902015
I Like Cherry Pie.PA00020252422016
I Love James Deen.PA00018609822013
I Love X-Art.PA00018332962013
I Touch Myself.PA00018460842013
I Want to Tell You.PA00018720822013
I Want You To Want Me.PA00019253352014
I Want You To Watch Me.PA00018921792014
I Will See You In The Morning.PA00018747462014
Ibiza Love.PA00018208552012
If Only It Were You.PA00017906562011
In Bed.PA00018118972012
In Bed With Me.PA00019351012015
In Charge.PA00018659562013
In For The Night.PA00018746702014
In Love with a Girl.PA00018660522013
In Love With Lexi.PA00018333182013
In Love With Little Caprice.PA00019749932015
In My Living Room.PA00018950882014
In the Blind.PA00019094872014
In The Dark.PA00019084512014
In the Garden of Ecstasy.PA00020149402016
In the Mirror.PA00019321182015
Infinite Luvv.PA00019586062015
Insanely Gorgeous.PA00018852052014
Inside Caprice.PA00019900042015
Inside Perfection.PA00018177562012
Inspiration.PA00018017142012
Instant Erotica.PA00019160582014
Intimate Experience.PA00018476572013
Introducing Angelica.PA00018182832012
Introducing Diana.PA00017895112012
Introducing Kaylee.PA00017836462012
Introducing Kennedy.PA00019657592015
Introducing Kenzie.PA00018622862013
Introducing Kiki.PA00018609652013
Introducing Maya.PA00019284292015
Introducing Mila.PA00018596522013
Introducing Veronika.PA00017768012012
Invisible.PA00018268602013
It Has Always Been You.PA00018784242014
It Is A Fine Line.PA00018804372014
Je Mappelle Belle.PA00019212942014
Jennifer Naughty Angel.PA00017768092010
Jennifer Naughty Angel / by Malibu Media, LLC.PA00013971852012
Jillian Multiple Orgasms.PA00020151162016
Journey.PA00018656032013
Jumping on the Bed.PA00018332982013
Just Jennifer.PA00019038422014
Just Married.PA00017804722011
Just Natalie.PA00019229532014
Just the Three of Us.PA00018806702014
Just the Two of Us.PA00017816722011
Just Watch.PA00018980922014
Just Watch Part 2.PA00019029642014
Kacey Jordan Does Xart.PA00019160652014
Kat Translucence.PA00017620732009
Kat Translucence / by Malibu Media, LLC.PA00013971762011
Katka Cum Like Crazy.PA00017620742010
Katka Cum Like Crazy / by Malibu Media, LLC.PA00013971892011
Katka Sweet Surprise.PA00017620752010
Katka Sweet Surprise / by Malibu Media, LLC.PA00013971882011
Keep Cumming Kylie.PA00019670822015
Keep on Cumming.PA00019419992015
Kitty Will Play.PA00020201832016
Knock On My Door.PA00018957632014
Kristen Girl Next Door.PA00017620762010
Kristen Girl Next Door / by Malibu Media, LLC.PA00013971872011
Kristin and Nine Unleashed.PA00020151072016
LA Love.PA00017904582010
LA Love / by Malibu Media LLC.PA00013980152010
LA Plans.PA00018692482013
Late for Work.PA00018333602013
Leila Faye Awesome Threesome.PA00017768042011
Leila Faye Awesome Threesome / by Malibu Media, LLC.PA00013971812012
Leila Last Night.PA00017759062012
Leila Naked in the Hot Sun.PA00017768032011
Leila Sex On The Beach.PA00017620832010
Leila Sex On The Beach / by Malibu Media, LLC.PA00013971832011
Let Me Join You.PA00019364752015
Let Me Take Your Picture.PA00018624862013
Life In The Fast Lane.PA00019733402015
Light My Fire.PA00019239612014
Like a Dove.PA00017904572012
Like the First Time.PA00017788442012
Like the Sun.PA00018659552013
Lily Ivy Like the First Time.PA00019869782015
Lipstick Lesbians.PA00018177552012
Lisa’s Hidden Cam.PA00019145342014
Lisas Playroom.PA00019470912015
Listen To Me Cum.PA00019082112014
Little China Girl.PA00019441992015
Little Lover.PA00017949762012
Little Play Thing.PA00019405972015
Little Rain Must Fall.PA00018226532013
Little Time For Myself.PA00018774742014
Lonesome Without You.PA00018871082014
Lost In My Own Moment.PA00018772532014
Love at First Sight.PA00018727562013
Love From USA.PA00019284302015
Love Story.PA00018192962012
Love With A View.PA00018633692013
Lovely Lovers.PA00017873302012
Lovers at Home.PA00018688162013
Lovers in Paradise.PA00017804632011
Lovers Lane.PA00019586222015
Lovers Quarrel.PA00018142472012
Lovers Way.PA00019051412014
Loving Angels.PA00018177522012
Loving It Hard And Deep.PA00019953312016
Luckiest Man Alive.PA00019962162016
Luminated Emotions.PA00019222752014
Luminescense .PA00018692492013
Lunchtime Fantasy.PA00017817022012
Lying Around.PA00018727542013
Mad Passion.PA00018310832013
Maddy Me Crazy.PA00019493672015
Made for Each Other.PA00018609742013
Make Love To Me.PA00019704952015
Make Me Feel Beautiful.PA00018596512013
Make Up Sex.PA00019387712015
Making Music.PA00018837692014
Malibu Moments.PA00018622832013
Malibu Moments II.PA00018609582013
Many Shades of Grey.PA00018720832013
Marry Me Caprice.PA00018476502013
MaryJane Young Love.PA00017624042011
Masseuse.PA00017796342011
Maybe Yes.PA00019314752015
Me Myself And I.PA00019336862015
Meet Me in Madrid.PA00018476582013
Meet My Lover From Austria.PA00018980942014
Megan Morning Bath.PA00017620772010
Megan Morning Bath / by Malibu Media, LLC.PA00013971932011
Midnight Passion.PA00019336852015
Mile High Club.PA00018772492014
Mina’s Fantasy.PA00017620782010
Mina’s Fantasy / by Malibu Media, LLC.PA00013971772011
Miss Me Not.PA00018177632012
Miss Perfect.PA00018092842012
Miss You.PA00018332622013
Model Couple.PA00018526772013
Model Couple on Vacation.PA00018746132013
Morning Desires.PA00018192922012
Morning Fantasy.PA00017804742012
Morning Glory.PA00019029682014
Morning Meditation.PA00018826502014
Morning Memories.PA00018064692012
Morning Tryst.PA00018003552012
Move With Me.PA00018789802014
Much Needed Vacation.PA00018660832013
Mutual Orgasm.PA00017833572011
Muy Caliente.PA00019336832015
My Best Friend’s Boyfriend.PA00017895102011
My Blue Heaven.PA00019670772015
My Days in Rome.PA00018861872014
My Love.PA00017796922011
My Naughty Girl.PA00018680942013
Names.PA00018431062013
Natural Beauty.PA00017804672011
Naughty & Nice.PA00018192902012
Never Better.PA00019260872014
New Romance.PA00018609722013
Newlyweds.PA00018596622013
Nice and Slow.PA00019160382014
Night of Excitement.PA00020201772016
Nina Needs It Now.PA00020151122016
No Hurry.PA00018688112013
No Turning Back Part #1.PA00018745242013
No Turning Back Part #2.PA00018745252013
Not Alone.PA00018894102014
Oh Mia!PA00018526742013
Old Enough to Know Better.PA00018385972013
On My Own.PA00017949652012
One and Only Caprice.PA00017804622012
One Day In Paradise.PA00020150992016
One Night Stand.PA00017949732012
One Show For Each.PA00019212952014
Only Girls.PA00018526782013
Only Lorena.PA00018476542013
Only The Lonely.PA00019065632014
Our Little Cum Cottage.PA00019145372014
Out of This World.PA00018332942013
Paint Me Beautiful.PA00019086742014
Paint Me White.PA00019097852014
Paradise Found.PA00017833622012
Party Boat.PA00018624852013
Perfect Girls.PA00017834542012
Perfect Lovers.PA00017859592011
Perfect Match.PA00018624192013
Perfect Timing.PA00018958482014
Perfect Together.PA00018052622012
Perfectly Taylored.PA00020151092016
Photo Fantasy.PA00018086312012
Photo Finish.PA00018746162013
Pink Magic.PA00019321042015
Pink Orgasm.PA00017979442012
Pink Perfection.PA00018870982014
Play Me.PA00018476592013
Playful And Wet.PA00019387702015
Playing Dress Up.PA00018747422014
Pleasant Surprise.PA00019351072015
Pool Party for Three.PA00018596562013
Poolside Passion.PA00018118512012
Poolside Pleasure.PA00019314772015
Poolside Romp.PA00017851222011
Positively in Love.PA00018003582012
Precious Metal.PA00019082482014
Prelude to Passion.PA00018161662012
Pretty Babies.PA00018359532013
Pretty Back Door Baby.PA00017894272012
Pretty Bad Girl.PA00019095042014
Pretty Little Belle.PA00018784252014
Pretty Pink.PA00019160552014
Private Time.PA00018049662012
Puffy Nipple Lovers.PA00019733412015
Pure Aubrey.PA00019260842014
Pure Grace.PA00018004842012
Pure Passion.PA00017804732011
Putting On A Show For You.PA00018928892014
Queen of Hearts.PA00019147202014
Raw Passion.PA00018609792013
Ready for Bed.PA00018311992013
Ready For Love.PA00018729682013
Ready or Not.PA00018526752013
Red Hot.PA00018105032012
Red Hot and Ready.PA00019351042015
Red Hot Summer.PA00017804692011
Red Satin.PA00018288922013
Remembering Strawberry Wine.PA00018851842014
Rendezvous.PA00018893972014
Retro Romp.PA00019442032015
Rich Girl Part 2.PA00017628082011
Rich Girl – Part One.PA00017804752011
Risky Business.PA00018784552014
Rock Me Baby.PA00019837452015
Rock Me Baby.PA00019075922014
Rollergirl.PA00020150812016
Rolling in the Sheets.PA00018476532013
Romance In The Garden.PA00020252382016
Romantic Memories.PA00017903752012
Romp at the Ranch.PA00019539522015
Roommates.PA00017862652012
Rope Priority.PA00018957602014
Rose Petals.PA00018385982013
Rub Me the Right Way.PA00019493662015
Rub Me The Right Way Too.PA00020150952016
Russian Connection.PA00018861892014
Russian Invasion.PA00018086292012
Sacred Romance.PA00018257212013
Santas Little Helper.PA00018745202013
Sapphic Experience.PA00017933642012
Sapphic Waltz.PA00018431102013
Sapphically Sexy.PA00019215422014
Saturday Eve.PA00019095112014
Season of Love.PA00018772522014
Secret Weapon.PA00018460982013
Secretary.PA00019283972015
Seeing Double.PA00018248402013
Seize the Moment.PA00019493712015
Self Pleasure.PA00017913512011
Selfie Love.PA00019351062015
Sent From Heaven.PA00018192952012
Serving Seduction.PA00019167042014
Sex and Submission.PA00018826492014
Sex At The Office.PA00019900032016
Sex Drive.PA00019962292016
Sex With Glasses.PA00019039142014
Sexual Vanity.PA00019284222015
Sexy and Wild.PA00019145302014
Sexy En Noir.PA00019097832014
Sexy In The City.PA00019055112014
Sexy Lazy Afternoon.PA00019412812015
Sexy Summer Camp.PA00019900022016
She Bad.PA00018622952013
She Is On Fire.PA00019364762015
She’s A Spinner.PA00019145212014
She’s Not Alone.PA00019145352014
Should Have Seen Your Face.PA00019351052015
Show You My Love.PA00017871212011
Show You My Love.PA00017939692011
Side By Side.PA00018052612012
Silver Bullets.PA00017903732012
Silvie Centerfold.PA00017747622012
Silvie Eufrat Strip Poker.PA00017759092012
Silvie the Siren.PA00018430892013
Simply Stunning.PA00018431032013
Sizzling Hot.PA00019284332015
Skin-Tillating Sex For Three.PA00019739932015
Sleepover.PA00018386002013
Slippery Sensations.PA00018956682014
Slow Motion.PA00017878752012
Smarty Pants.PA00019127742014
Sneak n Peek.PA00017915222012
Sneaking In.PA00018609622013
Snow White and the Prince.PA00018460952013
So Beautiful.PA00018689192013
So Close Together.PA00018609762013
So Cute.PA00019298022015
So Right Its Wrong.PA00018720842013
So Young.PA00018774722014
Soul Mates.PA00018133612012
Spanish Garden.PA00017913522011
Spanish Heat.PA00019177092014
Sparks.PA00019160392014
Spellbound Lovers.PA00019229542014
Spilled Milk.PA00018332992013
Spontaneous.PA00018609772013
Spread Across The Floor.PA00019373782015
Spread Wide Open.PA00019321152015
Spur of the Moment.PA00018201922013
Starting Over.PA00018036632012
Stay for a While.PA00018596612013
Stay with Me.PA00017804652011
Still Mine.PA00019253462014
Still With Me.PA00018133602012
Strawberry Blonde.PA00017944502012
Strawberry Morning.PA00019260892014
Studio Part #1.PA00019366212015
Studio Part #2.PA00019314762015
Submissive Seduction.PA00018784202014
Suds And Sex.PA00019953332016
Sultry Summer Invitation.PA00019442062015
Summertime.PA00019222742014
Summertime Lunch.PA00019070782014
Sunday Afternoon.PA00018003532012
Sunday Afternoon Solo.PA00018226752013
Sunset Memories.PA00019212962014
Super Cutie.PA00019298042015
Super Nymphs.PA00019373832015
Superhot Sexting.PA00020252392016
Supermodel Sex.PA00019670752015
Surprise Surprise.PA00018921862014
Surrender to Seduction.PA00019533672015
Susie Forever.PA00020149392016
Sweet Awakening.PA00019070772014
Sweet Dreamers.PA00018837712014
Sweet Moment.PA00018729672013
Sweet Sensations.PA00019962302016
Sweet Surrender.PA00018848612014
Sweetest Dreams.PA00018201942013
Take Me Now.PA00019373802015
Take Your Picture.PA00019428632015
Tantalizing Fox.PA00020149502016
Tantric Massage.PA00018921802014
Tarde Espanola.PA00018153452012
Taste Me.PA00019127732014
Tatiana the Voyeur.PA00017768082011
Tease and Please.PA00018719372013
Tease Me Please Me.PA00019260952014
Technicolor Dreams.PA00018431012013
Teenage Dream.PA00017914912012
Teenage Lust.PA00020252402016
Then They Were Three.PA00018177612012
These Girls Are On Fire.PA00020149482016
They Meet Again.PA00018660492013
They Only Look Innocent.PA00018774712014
They Seem So Sweet.PA00019041512014
This Is What Heaven Looks Like.PA00019869752015
This Really Happened.PA00018609702013
This Side of Paradise.PA00018026032012
Those Beautiful Lips.PA00019314782015
Thought Of You.PA00019071042014
Thought of You Part 2.PA00018956652014
Three for the Show.PA00018086302012
Three in the Morning.PA00017833602011
Three Way Is The Best Way.PA00018784262014
Threes Company.PA00018049392012
Threesome With a View.PA00020151102016
Through the Looking Glass.PA00018519802013
Thunderstorm Love.PA00019095072014
Tickle My Pink.PA00019740092015
Tie Her Up For Me.PA00019065512014
Tiffany Sex with a Supermodel.PA00017620222011
Tiffany Teenagers In Love.PA00017620192010
Tiffany Teenagers In Love / by Malibu Media, LLC.PA00013971822011
Tiffanys Tight Ass.PA00019127722014
Tight and Wet.PA00019231762014
Tight and Wet.PA00019239592014
Tight Ass Teen.PA00019387482015
Time to Go.PA00017807712012
Tiny Seductress.PA00019740112015
Together Again.PA00018192882012
Together at Last.PA00018460962013
Too Hot To Handle.PA00019253452014
Tori The Endless Orgasm.PA00017620822010
Tori the endless orgasm & 6 other titles.V3621D3972012
Tori The Endless Orgasm / by Malibu Media, LLC.PA00013971862011
Transcendence.PA00017995772012
Triple Play.PA00019507632015
Triple Threat.PA00018609612013
Trophy Wife.PA00018837672014
Tropical Sexcapades.PA00020149422016
Truth or Dare.PA00018460992013
Tuesday Morning.PA00018288972013
Twice as Nice.PA00019953352016
Twice The Fun.PA00019373812015
Two Boys and a Girl.PA00018288962013
Two By Two.PA00018980932014
Two Cocks In Karla.PA00019953362016
Two Fingers Deep.PA00019740142015
Ultimate Blowjob.PA00017768062011
Unbelievably Beautiful.PA00018053152012
Unbreelievable.PA00019388302015
Under My Blanket.PA00019252982014
Underwater Lover.PA00018064742012
Undress Me.PA00018692382013
Unforgettable View Part II.PA00018177652012
Unforgettable View Part One.PA00018177592012
Unveiling Part #2.PA00018661882013
Unveiling Part One.PA00018631052013
Up Close and Personal.PA00018596532013
Vacation Fantasy.PA00018142502012
Veronica Wet Orgasm.PA00017624122011
Veronika Coming Home.PA00017747612012
Wake Me Up.PA00018871052014
Wake Me Up Like This.PA00018622892013
Want You.PA00018226502013
Warm and Fuzzy.PA00018727532013
Warm Inside.PA00018208562013
Watching.PA00019260902014
Waterfall Emotions.PA00018177572012
Way I Feel.PA00018747452014
We Love Ourselves.PA00018609442013
Wet Dream.PA00018003572012
What a Girl Wants II.PA00018476602013
White Hot.PA00018004722012
Why I Love Czech Girls.PA00019222722014
Wild at Heart.PA00017859692012
Wild Things.PA00018092872012
Without Words.PA00018596502013
Wonder Waltz.PA00018596552013
Wonderful World.PA00018476512013
Working Out Together.PA00018248412013
Xmas Cums Once A Year.PA00019871842015
Yeah Baby.PA00018596592013
Yoga in the Sky.PA00017947152012
Yoga Master & Student.PA00018226512013
Young & Hot.PA00017949692012
Young and the Restless.PA00018431112013
Young Passion.PA00018118522012
Yours Forever.PA00019075732014
Zeppelin on Fire.PA00018746142014

In Summary

In closing (if you even got this far in the article), be aware that Malibu Media, LLC is no longer in the adult movie business, but rather, in the copyright enforcement business. Their entire operation is based on monetizing the value of the 700+ copyrights they have filed with the copyright office. Similarly, I must assume that 100% of their operations budget is going into the costs of enforcement, namely, computer servers, and the costs of monitoring each of the hundreds of defendants I expect they are currently tracking and will be suing in the coming months.

If you are interested in Malibu Media, LLC content, get a membership to their site (but do not expect to see new content). Do not view any of their content via bittorrent networks, as this is how they are compiling their lists of who to sue. In fact, if you see anything X-Art related, it’s probably a safe bet just to click away from the site and shut the window. Even streaming can get you sued these days.

And if you are sued, our Cashman Law Firm, PLLC can be of assistance to you. Malibu Media, LLC cases all suffer from the same inherent faults, and that gives our clients a number of options on how to ignore, fight, or settle claims against our clients.


CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

Malibu Media Cases and Why To Track Their Monthly Filings

Why track Malibu Media, LLC filing patterns?

Malibu Media, LLC is possibly the most prolific (and in my opinion, the most egregious) copyright troll, having filed 6,000+ identical copyright infringement lawsuits across the US against bittorrent users.  Regardless of whether there is a relationship between the adult film industry and the movie industry or not, Malibu Media cases singlehandedly are destroying hundreds of families with their high settlement amounts.

The difference between Malibu Media cases from years ago and Malibu Media cases today is that attorneys, together with activist bloggers have identified weaknesses in Malibu Media cases which today can allow a defendant to kill a Malibu case without needing to pay their high settlement ransom.  Specifically, recent revelations about the German Guardaley company (and the shell companies they set up) from whom Malibu Media, LLC purchases lists of IP addresses corresponding to defendants sued in Malibu Media cases indicate that Malibu Media, LLC sues defendants who might not actually be committing copyright infringement.

While not necessarily on point, to understand the weaknesses in the Malibu Media cases, we can look to the recent article on “Why the ‘no settlement’ letter defense strategy actually has merit.”  Specifically, scroll down to the part of the article where I explain “why ‘being in the room’ is insufficient to prove copyright infringement.

pcap-file-image

Why Malibu Media cases need to be tracked and shut down.

Even Professor Sag in his “Defense Against The Dark Arts of Copyright Trolling” paper (which exposes Malibu Media’s scheme) notes that certain aspects of Malibu Media cases — namely, that they claim infringement on a list of copyrighted titles — makes both fighting and settling a Malibu case slightly more complicated (1) because they do not ask for settlement for one title, and (2) winning one case alleging copyright infringement for one title does not stop Malibu Media, LLC from filing additional Malibu Media cases for any of the other titles allegedly downloaded.

For these reasons, an attorney knowledgeable specifically about Malibu Media’s operations is important to understanding their actions.  Our Cashman Law Firm, PLLC has been fighting against copyright trolls since 2010, literally TWO YEARS before Malibu Media cases even showed up with their first filing (I mention this as a historical fact, and not as a “we’re the greatest, we’re so cool” self-aggrandizement comment).  As the owner of the Cashman Law Firm, I don’t claim to have special knowledge about Malibu Media, LLC or their inner workings, but what I do have is HISTORICAL PERSPECTIVE.  THEN AND NOW.

Specifically, by understanding where the Malibu Media cases are in their filing cycle, we can determine how their attorneys will react to a fight in the courtroom, and if in the client’s best interests, whether and when to propose a settlement to maximize our savings to the client.  This could be the difference between a walkaway agreement (no settlement), a $5,000 settlement, or a $20,000 settlement (G-d forbid), the kind that settlement factory attorneys end up getting for their clients.

Money Swarm | Malibu-Media-on-a-20K-Per-Month-Budget-image

Why I believe Malibu Media cases are on a $20K/month filing budget.

In that article, I estimated that Malibu Media was under budget with only 204 cases filed in February, 2017.  Based on this history of filings, I expected to see another 20 cases filed to meet what I estimated to be their $20,000/mo budget for February, 2017.  

Something has changed since February, 2017 in the Malibu Media, LLC filings.

Since February, 2017, WE HAVE NOT SEEN EVEN ONE NEW CASE FILED.

This means one of two things — 1) Malibu Media, LLC is dead.  This is highly unlikely.

More likely, 2) Malibu is due to file at least 170 new cases in May, 2017, or 245+ new cases to be filed over the summer.

Here are my notes so that you see the logic behind my thinking:

July = 75 filings x $400 per filing = $30,000
August = 59 filings x $400 per filing = $23,600 (-16 cases)
September = ZERO FILINGS. (-75 cases)
October = 109 filings x $400 per filing = $43.600
November = ZERO FILINGS. (-75 cases)
December = ZERO FILINGS. (-75 cases)
January = ZERO FILINGS. (-75 cases)
February = 204 filings x $400 per filing = $81,600
March = ZERO FILINGS. (-75 cases -20 cases from being under budget in February)
April = ZERO FILINGS. (-75 cases)
May = ?

Why do I believe Malibu Media, LLC will file 245+ new cases this summer?

Looking at the pattern of filings over the past year, it appears as if Malibu Media, LLC files a set of cases, then waits a month or so, then files more, then waits, and so on.  Between 10/2016 – 02/2017, there were THREE MONTHS of no filing while they processed the 109 cases that they filed in 10/2016.  Then in February of this year, they filed an additional 204 cases.

If they follow the same THREE MONTH hiatus plan, we should see another month of NO CASES FILED IN MAY, and then 245 new cases filed in June.  [If there was a reason they did not file any cases in June, 2016 (noting that case filings did not start until July), then these cases will be filed in July, 2016.]

Another Perspective

Obviously I am tracking information and making educated guesses based on what Malibu Media, LLC has done in the past.

Looking at their filing patterns from a different perspective, when Malibu Media filed 109 cases in October, 2016, they waited 3 MONTHS before filing the next set of cases.  But when they filed the cases in February, 2017, they filed not 109 cases, but 204 cases (almost double the amount of cases).

Thus, it is possible that it might take DOUBLE THE TIME to get through DOUBLE THE CASES (109 cases vs 204 cases), since they do not appear to have hired new attorneys, and the same attorneys are handling (or shall I say, ‘guarding’) their own respective territories.

According to this logic, we might not see new filings for SIX MONTHS from February, 2017, which would land the new set of cases to be filed in SEPTEMBER, 2017 (just as the kids return to college).

NOTE: If Malibu is waits until the summer to file their next set of cases, and they keep to their average $20,000/mo. filing fee budget, they wouldn’t be filing 204 cases, they would be filing 400+ cases.  That is too much for any of their attorneys to handle at one time.

red-herring-image

My Opinion and the Red Herring.

In my opinion, the relevant piece of data in monitoring Malibu Media, LLC’s filing patterns is not how many Malibu Media cases are filed each month, but how much money they are spending each month on their cases.

Malibu Media, LLC is a company, just like any other company, and their focus is on the bottom line — income brought in versus money spent.  To understand the health (and to track the ultimate demise) of Malibu Media, LLC, by watching the amount of money they pay on average each month, we can see whether they are increasing or decreasing their filing fee budget.

Increasing the budget and filing more cases suggests that their attorneys are being more successful and are bringing in higher dollar settlement amounts (likely through defense attorney troll shills, or settlement factories).

Decreasing their filing fee budget suggests that the ‘copyright trolling’ campaign has become less profitable for them, or that they are tightening their budget.  This is the metric I would like to see in the future.

Eventually, I would like to see them come to the conclusion that filing lawsuits against John Doe Defendants are no longer profitable, and they go back under their bridges and never come back.  Or better yet, I’d love to see a proactive judge such as Judge Wright catch them in their scheme and refer them to the relevant authorities for prosecution and disbarment.

SPEAK TO US (or ask me something).

No doubt you want to speak to a lawyer about the bittorrent lawsuit / ISP subpoena that you have received.  *I get that*, and I will do whatever I can to at a very minimum give you a speedy response, even if I cannot take you as a client.

Our law firm (meaning, “I”) will do my best to answer your call, and I will spend as much time with you on the phone as you need so that you at least do not panic about the case which is allegedly trying to take $150,000 (or some $10,000+ settlement) out of your pocket or home.

I have a pretty terribly-written web page at http://www.cashmanlawfirm.com/, but on there are links to reviews and comments people have written about how I have helped them whether or not they ended up being my client:

REVIEWS POSTED ON GENBOOK

REVIEWS POSTED ON GOOGLE

I am not committing to take you as a client; I do not charge for our phone appointments.  So, consider this as a “free consultation,” (or more as a friendly voice from someone who gets bored and enjoys talking to people,) but be aware that I might be working on a case while I am speaking to you, or that there might be interruptions which might pull me away from a call.

I am currently actively working on the following cases (filed in multiple states across the U.S., so while there are tweaks to be made from one federal court to another [different judges, different local rules], the copyright holder remains the same entity).

SCENARIO 1: IF YOU HAVE QUESTIONS ABOUT WHAT I HAVE WRITTEN, OR IF YOU WANT TO SPEAK TO ME ABOUT YOUR MATTER, I INVITE YOU TO USE THE CONTACT FORM BELOW.

CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

SCENARIO 2: ASSUMING YOU WANT ME TO REPRESENT YOU IN THE CASE OR NEGOTIATE A RELEASE AND DISMISSAL FROM THE CASE, NEGOTIATE A SETTLEMENT (OR AN ANONYMOUS SETTLEMENT), OR HAVE ME REPRESENT YOU IN THE COURTROOM.

Follow these three steps below to have me represent you in your lawsuit (again, I do limit the number of clients I take (and here is why), and I do limit the number of time slots I make available each day):

1. Schedule a phone appointment for us to have a few minutes to speak about your lawsuit, your plaintiff ‘copyright troll’, what we know about them, and what we have achieved in the past with other clients.

2. Get, sign, and return retainer agreement (either I or one of my assistants would need to e-mail this to you after our call.  I do not make them readily available so that hundreds of John Doe defendants can hire me at the same time — I just don’t work that way, and this is a good thing).

3. Sit back, relax, and let us work on your behalf to get you the results you need.

After scheduling your appointment online, you will be contacted by phone at the specified date and time by a Cashman Law Firm, PLLC attorney.

SCENARIO 3: IF ALL ELSE FAILS AND YOU CANNOT REACH ME THROUGH THE WEB FORM, OR IF YOU CANNOT FIND AN OPEN TIME-SLOT ON THE GENBOOK APPOINTMENT PAGE,  I’M PROVIDING MY CONTACT INFORMATION. USE IT SPARINGLY.

Obviously I don’t want you calling me while I am in court, and I don’t want you e-mailing me without first reading the relevant articles about your case.  I’ll get you where you want to go in order to get out of trouble, but I won’t do it for you.  In other words, I’m not teaching you about this case from scratch or doing some dance in order for you to decide to retain me as your attorney.

But I am providing my phone number to you and my e-mail to you — these will break through all the barriers and you will reach me this way.  But respect this information and use it sparingly.

713-364-3476

[email protected]

[And as silly as this sounds, I have written SEVEN YEARS worth of blogs without referencing myself once.  That sounds self-deprecating, but really, I am simply trying to get resources and information in your hands.  So my name is “Rob Cashman.”  Please don’t call me Ron, or some other name, because that does annoy me.  Take the time to pay attention to learn my name if you want to speak to me.] 🙂

Lastly, I know I often have 100+ people contacting me, and I only provide a handful of phone consultations or appointments.  If you need my help, whether or not I become your attorney, *I WILL HAPPILY TAKE THE TIME TO SPEAK TO YOU, AND EVEN SPEND WHATEVER TIME IS NECESSARY (TIME PERMITTING) TO HOLD YOUR HAND.*

So if you need to speak to me after-hours or outside my set schedule, that’s ok too.

-Rob

NOTE: No attorney client relationship is established by sending a web form or an e-mail, and while the attorney-client privilege (which keeps everything that you share with confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

Malibu Media, LLC cases facing hard scrutiny in California.

Let’s take this one step deeper, and delve into the 100 most recent cases filed in October, because these are the Malibu Media, LLC cases most relevant to people now (the July-August batch of cases have likely been disposed of by now).

Of the 109 cases, roughly EIGHTY of them were filed in the California Northern District Court, and EACH AND EVERY CALIFORNIA CASE was assigned to Judge William Alsup (going back to even 2011, I referred to him as ‘Judge Rocket Docket’ by the way he handles and disposes of cases). In my humble opinion, it appears to me as if Malibu Media here stepped in the mud.

[FOR IMMEDIATE CONTACT AN ATTORNEY: Click here for more general information about Malibu Media, LLC lawsuits, their tactics, and their strategies.  To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at [email protected], or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.]

Here are a list of the cases. I’ll write my opinion about them in just a moment.:

80 CASES FILED IN 10/2016 IN THE CA NORTHERN DISTRICT COURT (CAND) — [I’m not formatting these.  Just note the filing dates.]
Malibu Media LLC v. Doe (Case No. 3:16-cv-05741) Oct 06, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-05742) Oct 06, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05742) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05737) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05738) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-05741) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05739) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-05735) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05735) Oct 06, 2016
Malibu Media, LLC v. John Doe (Case No. 5:16-cv-05743) Oct 06
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05743) Oct 06
Malibu Media LLC v. Doe (Case No. 3:16-cv-05825) Oct 09, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05829) Oct 09, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05827) Oct 09, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-05828) Oct 09, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-05826) Oct 09, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-05829) Oct 09, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05826) Oct 09, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05828) Oct 09, 2016
Malibu Media, LLC v. John Doe (Case No. 5:16-cv-05824) Oct 09
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05824) Oct 09
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05823) Oct 09
Malibu Media LLC v. Doe (Case No. 4:16-cv-05850) Oct 11, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05845) Oct 11, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05848) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05847) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-05845) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05849) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-05848) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05850) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-05849) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-05855) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05855) Oct 11, 2016
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05843) Oct 11
Malibu Media, LLC v. John Doe (Case No. 4:16-cv-05843) Oct 11
Malibu Media LLC v. Doe (Case No. 3:16-cv-05925) Oct 13, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05926) Oct 13, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05920) Oct 13, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05927) Oct 13, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05921) Oct 13, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05922) Oct 13, 2016
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05923) Oct 13
Malibu Media LLC v. Doe (Case No. 3:16-cv-05974) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05976) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 5:16-cv-05975) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05975) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-05977) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05977) Oct 17, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05970) Oct 17, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05972) Oct 17, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05973) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-06108) Oct 23, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06110) Oct 23, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-06109) Oct 23, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06111) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06106) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-06110) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-06111) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06107) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06108) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06112) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06109) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-06107) Oct 23, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06160) Oct 25, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06146) Oct 25, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06147) Oct 25, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-06160) Oct 25, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06155) Oct 25, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06141) Oct 25, 2016
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-06144) Oct 25
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-06143) Oct 25
Malibu Media LLC v. Doe (Case No. 3:16-cv-06241) Oct 28, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06242) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06245) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06239) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06247) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06240) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06249) Oct 28, 2016
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-06243) Oct 28

My first impression when reviewing these cases was… why did they file them in batches of 10-13 cases or less?  Were they trying to ‘play’ the case distribution game in order to make sure the cases were equally distributed between all of the California Northern District federal judges?  Because this backfired on them.  Judge Alsup has all of their California cases.

I actually smiled when I saw that each of the cases are now assigned to Judge Alsup, because he has been known to question Malibu Media’s tactics. Let me say this more clearly — Judge Alsup knows exactly who Malibu Media, LLC is, what kind of copyright trolls they are, and he makes no secret about it. He is even on the record in casting doubt on the reliability and the accuracy of the geolocation data that Malibu Media uses to file their lawsuits.

Most recently, on December 1st (see, Case No. 3:16-cv-05738 (Document 8), Judge Alsup denied 53 requests by Malibu Media to send letters to the ISPs ordering them to turn over the identity of the accused internet users, which means that 53 of the 80 California ‘John Doe’ defendants in these cases (maybe more by now) will be shielded from Malibu Media, LLC’s copyright infringement lawsuits and tactics.

IN SUM, BECAUSE JUDGE ALSUP DENIED MALIBU MEDIA LLC’S MOTION FOR EXPEDITED DISCOVERY, MALIBU MEDIA LLC WILL NOT BE PERMITTED TO SEND SUBPOENAS TO THE ISPs ORDERING THEM TO HAND OVER THE CONTACT INFORMATION FOR THESE DEFENDANTS.

I have not checked whether anything has happened since 12/8, but in short, if you live in California, Malibu Media is not doing so well.

Sources and Kudos to:
Fight Copyright Trolls, “Judge Alsup questions accuracy of Malibu Media’s geolocation technology, stays subpoena” on 6/20/2016, updated on 12/6/2016.

Fight Copyright Trolls, ““Malibu Media’s geolocation accuracy: more scrutiny” on 6/21/2016.

Techdirt, “Judge Calls Out Malibu Media For Its Attempt To Cut And Run When Faced With Challenge To Its Infringement Claims” on 6/27/2016.

More Recent TorrentLawyer Articles on Malibu Media, LLC:

Malibu Media, LLC appears to be adhering to an ‘Old Guard, New Guard’ distinction between their older and newer attorneys,” written on 3/13/2017.

Confirmed: Malibu Media invests in $400 filing fees at $20,000/month,” written on  3/13/2017.

2017 Malibu Media – Where Cases Are Filed and Who are the Attorneys?” written on 3/13/2017.


FOR MORE INFORMATION ABOUT MALIBU MEDIA, LLC:  Click here for more general information about Malibu Media, LLC lawsuits, their tactics, and their strategies.

FOR IMMEDIATE CONTACT AN ATTORNEY: To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at [email protected], or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.

CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

Did Malibu Media almost go out of business in April 2016?

So we all thought the Malibu Media, LLC lawsuits were dead this summer after Malibu Media sued their attorney Keith Lipscomb (a.k.a., the “kingpin” and “mastermind” behind the 6,800+ lawsuits filed against single “John Doe” defendants)). If you want a quick summary, here seems to be the jist of what happened.

  • Malibu Media, LLC hired Lipscomb to run their copyright infringement / settlement extortion scheme utilizing his network of attorneys spanning the federal courts across the US.
  • Lipscomb appeared to have pulled in hundreds [maybe thousands] of settlements, each settlement likely amounting to $10,000-$30,000, or more.
    (NOTE: This dwarfs the settlement monies collected by Steele & Hansmeier, now arrested for mail fraud, wire fraud, and perjury allegedly committed in the furtherance of their copyright troll scheme.)
  • Lipscomb apparently paid Malibu Media, LLC only $100,000 in commissions (the equivalent of ten settlements [10 x $10,000 = $100K]), but then never paid Malibu Media again.

[HINDSIGHT: MALIBU MEDIA LLC CONTINUED FILING AFTER THIS, BUT JUST WITH A NEW ‘INVESTOR’.  FOR IMMEDIATE CONTACT WITH AN ATTORNEY: Click here for more general information about Malibu Media, LLC lawsuits, their tactics, and their strategies.  To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at [email protected], or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.]

What caused the lawsuit between Malibu Media, LLC and Lipscomb?

The relationship between Lipscomb and Malibu became sour when Malibu Media, LLC became suspicious as to how they only earned $100K in commissions.  They demanded an accounting to determine whether they were being paid properly (this is still being litigated, but my guess is no; namely, that Malibu was being cheated by the lawyers they hired to extort others). Lipscomb claims that Malibu actually owes him money (to simplify the numbers, think — 6,800 lawsuits filed x est. $400/filing = $2.7 Million in filing fees alone). Malibu sued Lipscomb, they went to court, and in late April 2016, new Malibu Media, LLC filings stopped dead.

On April 18th, 2016, Keith Lipscomb told all of his local counsel that he is no longer representing Malibu Media, LLC (citing a lack of profitability), meaning that each of his local counsel were no longer representing Malibu Media, LLC, or so we thought. Wrong. Various local counsel continued the lawsuits already filed, but very few new suits were filed.

Here are the number of case filings since:
April 2016 Filings: 97
May 2016 Filings: ZERO!
June 2016 Filings: ZERO!
July 1- July 20 Filings: ZERO!
July 21 -> [end of month] filings: 75
August Filings: 59
September Filings: ZERO!
October Filings: 109 — FULL SPEED AHEAD? Nope.
November Filings: ZERO.
December Filings: ZERO…?

So, we are now in December (six months later), and Malibu Media LLC lawsuits are far from dead, or are they?!?

Here’s what I understand:
1) Lipscomb is no longer in charge of the Malibu Media, LLC lawsuits.
2) Individual attorneys (formerly, local counsel) appear to have taken Malibu Media, LLC as their own client, meaning that Malibu is creating relationships with each attorney, and each attorney appears to have a “territory” or a federal district court in which s/he practices.
3) I still think there is someone at Malibu Media, LLC headquarters (maybe Elizabeth Jones) still directing all of the attorneys.

In sum, Malibu Media, LLC and their lawsuits are not dead, at least not yet, but they continue to plague the federal courts and the accused downloaders with their high-ticket settlement prices, and thus they still need to be taken seriously, at least for now.

NEXT: Let’s go into the recent cases themselves to get an idea of what is going on with the last set of cases filed…

Sources:
Arstechnica: “File-sharing lawsuit numbers drop by more than half; both Malibu Media and Prenda Law have run into different roadblocks.” on 7/19/2016.

Techdirt: “Malibu Media Sues Its Former Lawyer Over Missing Funds, Breach Of Bar Rules,” on 6/29/2016.

Arstechnica: “Porn studio that sued thousands for piracy now fighting its own lawyer,” on 6/28/2016

Fight Copyright Trolls: “Malibu Media sues its former counsel Keith Lipscomb and his firm for professional negligence and breach of fiduciary duty,” on 6/28/2016


FOR MORE INFORMATION ABOUT MALIBU MEDIA, LLC:  Click here for more general information about Malibu Media, LLC lawsuits, their tactics, and their strategies.

FOR IMMEDIATE CONTACT WITH AN ATTORNEY: To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at [email protected], or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.

CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

Is Malibu “faking” the publication requirement in lawsuits?

BACKGROUND: Malibu Media, LLC is a copyright holder who has sued internet users for the download of their adult films under the “X-Art” brand name. In the lawsuits they file, they may sue for the download of one title (asking $150,000 statutory damages for that one title), but then they claim in an addendum that the defendant also downloaded multiple “copyrighted” titles, listing a bunch of other videos that were also downloaded.

When settling claims against that defendant, Malibu attorneys ask for settlement FOR EACH AND EVERY ONE OF THOSE ACCUSED DOWNLOADS (and not for just the one title claimed in the lawsuit). So instead of asking for a settlement of $1,000 for one title, they will ask for a settlement of $35,000 for 35 titles allegedly downloaded.

[HINDSIGHT: THEY WERE FAKING THE PUBLICATION DATES.  FOR IMMEDIATE CONTACT WITH AN ATTORNEY: Click here for more general information about Malibu Media, LLC lawsuits, their tactics, and their strategies.  To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at [email protected], or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.]

How Malibu Media, LLC is claiming infringements for unpublished films.

The problem is that of the 35 titles allegedly downloaded, many of them weren’t copyrighted at the time the download took place. Malibu Media, LLC gets around this requirement by stating that since the copyrighted adult film was “published” on their website, thus they have three-months to file the copyright with the U.S. Copyright Office in order to get copyright rights in that video.

Thus, Malibu Media is claiming copyright protection for videos that are not copyrighted at the time they were downloaded. Their logic is that their file was deserving of copyright protection retroactively, BEFORE THEY FILED FOR A COPYRIGHT WITH THE U.S. COPYRIGHT OFFICE, because the video was properly “published” on their website (plain meaning of the word is “posted” on their site), and filed with the copyright office within the three-month statutory period.

Malibu Media Leaks Videos on the Internet?

Not relevant to this discussion (but equally interesting) is the fact that the file somehow “leaks” from their website onto the bittorrent networks to be downloaded by the internet users who then download large .zip or .rar files containing sometimes 100+ Malibu Media videos (or one .torrent file containing multiple video files).  These internet users are then sued in the federal courts for copyright infringement in what are known as the “Malibu Media LLC v. John Doe” lawsuits.

Malibu Media fakes the copyright law’s “publication” requirement.

NEW MATERIAL (THIS IS THE ACTUAL ARTICLE):
Malibu Media, LLC has formed a habit of suing defendants for downloads that appear on the bittorrent networks literally a day or so after they are supposedly “published” on their website. The videos themselves are not copyrighted often for another three-months.

When questioned about this tactic, they claim that their activities are legitimate because U.S. copyright law (17 U.S.C. § 412) gives a content creator up to three months after “publication” to file their copyright with the U.S. Copyright Office. They are correct about this three-month rule.

Malibu Media’s Publication Scam

The scam is that Malibu Media, LLC is basing their “right” to solicit settlements for MANY videos because they “PUBLISHED” each video [according to the plain definition of the word] on their website before it was downloaded by the John Doe defendant.  Thus, they claim that their copyright rights existed in each of the videos at the time the videos were downloaded, even though 1) the downloader couldn’t find the video as being copyrighted when searching the US Copyright Office’s copyright registry, and 2) even though the copyright was not yet filed for when the download took place.  Thus, they can ask for settlements for each and every video because they all were deserving of copyright protection retroactively at the time the downloads happened BECAUSE that video was “published” prior to being downloaded.

Why I believe Malibu Media is not properly satisfying the ‘publication’ requirement.

I am convinced that their stated “publication” is really no publication at all. It’s a scam to make the accused downloader think that Malibu Media, LLC has copyright rights over ALL of the videos they claim in their “list” of infringed videos, including even those videos that were “published” just a day or so before they appeared on the bittorrent websites.

Why do I think that Malibu Media is faking the “publication” requirement in their lawsuits? Because according to the statutory definition of “Publication,” posting a new porn video onto their website is more of a “public performance,” and that does not satisfy the requirement for “publication.” (see, 17 U.S. Code § 101 – Definitions).

Here is the text of the statute:

“Publication” is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication.

LEGAL DEFINITIONS of terms often do not correspond to the PLAIN MEANING of those terms.

Remember, in law, words do not always mean what they do according to the plain meaning of the word.  Tongue-in-cheek, stating, “I did not sleep with that woman” might be telling the literal truth, even if you had sexual intercourse with her.  The understanding to pull from this example is that the legal definition of “sleep” might be very different from the plain meaning of the term.

In the context of the Malibu Media, LLC lawsuits, it is not enough for a lawyer to look up the definition of “Publication” (defined above) in the statute and decide according to the plain meaning of the written definition whether publication is or is not taking place.  (By the way, looking up the definition of a word is a very good start, and is something that is often NOT done!  But the investigation of “the law” should not end there.)

To properly explain the term in the context of bitttorrent lawsuits, the terms “publication,” “to the public,” “distribution,” “public performance,” “public display,” etc. also have to be defined within their context.  How?  In addition to the plain meaning of the term, each term in the legal world has specific LEGAL DEFINITIONS which change as case law interprets them in the context of various situations (and if there is no case law, it is the job of the lawyer to carve out that changed definition for each particular context where justice sees it fit to do so).  These definitions can often be different, or even opposite to the plain meaning of the term.  Again, the “legal definition” of a term is often not the same as the “plain meaning” of that same term.

Summary: There may be a legal argument that “publication” is not actually happening for Malibu Media, LLC’s videos.

In sum, I suspect that there is a legal argument that “publication” is not actually happening with the Malibu Media, LLC lawsuits (even moreso if they are found to be leaking their videos onto the bittorrent networks prior to their release, as is described in Sophisticated Jane Doe’s article, reblogged below). While I have not hashed this out yet completely, I have been working on this theory for some time now, and I believe it may be a viable argument. However, for those attorneys who troll this blog and will immediately jump on me saying “of course it is published,” step out of your box containing only plain meaning definitions, and come over to my side of the room. The view is a bit better here.

I am merely mentioning this issue as food for thought. Anyone who wants to contribute to this legal argument, I’m more than willing to hash this out. And of course, read SJD’s article because it demonstrates the publication issue very nicely.


FOR MORE INFORMATION ABOUT MALIBU MEDIA, LLC:  Click here for more general information about Malibu Media, LLC lawsuits, their tactics, and their strategies.

FOR IMMEDIATE CONTACT WITH AN ATTORNEY: To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at [email protected], or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.

CONTACT FORM: Alternatively, sometimes people just like to contact me using one of these forms.  If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

Contact a Cashman Law Firm, PLLC attorney about your Malibu Media, LLC case.

Understanding the patterns of filings by Malibu Media, LLC.

It is difficult to track the activities of a copyright troll such as Malibu Media, LLC, especially when they are filing hundreds of “single John Doe” lawsuits across the U.S.  However, when there is a momentous ruling by a federal U.S. District Court Judge such as the one we saw yesterday in New York, then the story begins to reveal itself.

A few weeks ago, I noticed that there was a shift in the locations where Malibu Media, LLC was filing their cases. Cases began to shift into Ohio (OHND, OHSD), Virginia (VAED), and Pennsylvania (PAED) federal courts (courts which I refer to as “safe haven” courts because of past rulings by judges who allowed Malibu’s cases to proceed unhindered), however I did not understand why.

It was only until a recent conversation with one of Malibu’s local counsel that I understood that they were already aware that this ruling was coming down, and so they shifted their filings into other federal courts in other parts of the country to counterbalance what could be a shift in the law of the New York federal courts.  Call this the dirty word “forum selection,” or call it whatever you would like, but there is a pattern which can be graphed like birds flocking across the U.S. based on rulings that happen in the federal courts.

In sum, in my jaded view over the past five years of dealing with nothing but these bittorrent cases, there is no way to shut down the Malibu Media, LLC copyright infringement / “extortion” machine, as this requires participation from every judge in every federal district court. And, it is a difficult task to break the “my court, my world, my rules” mentality that so many appointed federal judges have (where their appointments often have political leanings or where there is a loyalty to a certain belief system or group).

Specifically, even with an appointed federal judge with a political proclivity to a certain viewpoint, it becomes even more difficult to break the lobbyists’ (such as the MPAA / RIAA copyright anti-piracy lobby) grip, which whisper in the judges’ ears (rich with funding and which no doubt influence decisions across the U.S. [and I dare not bring the question of whether the judges are influenced by bias or “gifts” from these lobbyists (legal or otherwise), and I say this because there have been more than a few questionable rulings which suggest to me that at the very least, certain federal judges have a leaning towards one side or the other and where the law is clear, they still differ to allow the copyright holder to prevail]).

In sum, we have a legal system where when a judge upholds the law, he is lauded and congratulated as if he did something wonderful, when upholding the law was the job in which he was appointed to do and which he took an oath to uphold.

There are easy solutions to wipe out Malibu Media, LLC, and every other copyright troll out there who abuses the legal system in order to extort massive settlements from their defendants, however, the country appears not to be ready to address the issue. Senators, congressmen, federal judges, I don’t have anything to say except to do the right thing. And in the merit of judges such as District Judge Hellerstein, Judge Wright, and many other lone wolf judges who do uphold the law, you have my respect and my continued devotion.

Below are the most recent 100 Malibu Media, LLC filings, filed literally only in the past few weeks. You’ll notice, not one of them was filed in the Southern District of New York (or ANY New York federal court. I wonder why.)

OHIO NORTHERN DISTRICT COURT (Yousef M. Faroniya of Law Office of Yousef M. Faroniya)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-01340)
Malibu Media, LLC v. John Doe (Case No. 5:15-cv-01341)
Malibu Media, LLC v. John Doe (Case No. 5:15-cv-01343)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01342)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-01345)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-01346)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01339)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01344)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01316)
Malibu Media, LLC v. John Doe (Case No. 4:15-cv-01312)
Malibu Media, LLC v. John Doe (Case No. 5:15-cv-01319)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-01317)
Malibu Media, LLC v. John Doe (Case No. 5:15-cv-01315)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01314)

OHIO SOUTHERN DISTRICT COURT (Yousef M. Faroniya of Law Office of Yousef M. Faroniya)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-00235)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02516)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02518)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02515)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02477)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-00236)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02517)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02519)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00435)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02456)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-00230)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00423)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02453)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02454)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00422)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02455)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02457)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-00224)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-00224)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-00228)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-02452)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00420)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00421)

VIRGINIA EASTERN DISTRICT COURT (William E. Tabot of William E. Tabot PC)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00855)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00851)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00859)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00860)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00852)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00862)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00865)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00856)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00853)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00861)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00857)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00863)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00866)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-00850)

PENNSYLVANIA EASTERN DISTRICT COURT (Christopher P. Fiore of Fiore & Barber LLC)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03598)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03600)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03602)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03604)
Malibu Media, LLC v. John Doe (Case No. 5:15-cv-03599)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03601)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03603)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-03605)

MARYLAND DISTRICT COURT (Jon A. Hoppe of Maddox Hoppe Hoofnagle & Hafey LLC)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01851)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01864)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01865)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01855)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01861)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01862)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01869)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01854)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01866)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01868)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01859)
Malibu Media, LLC v. John Doe (Case No. 8:15-cv-01858)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01871)
Malibu Media, LLC v. John Doe (Case No. 8:15-cv-01863)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01853)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01867)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01870)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-01857)
Malibu Media, LLC v. John Doe (Case No. 8:15-cv-01856)

NEW JERSEY DISTRICT COURT (Patrick J. Cerillo – Attorney at Law)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04307)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04309)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04276)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04305)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-04287)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-04288)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04308)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04304)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04275)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04278)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04310)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04272)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04273)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-04269)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04230)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-04232)
Malibu Media, LLC v. John Doe (Case No. 3:15-cv-04243)

MICHIGAN EASTERN DISTRICT COURT (Paul J. Nicoletti of Nicoletti Law PLC)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-12293)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-12294)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-12274)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-12283)
Malibu Media, LLC v. John Doe (Case No. 2:15-cv-12290)


CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

NY Judge asks Malibu the ‘is porn copyrightable’ question.

Judge Alvin Hellerstein of the Southern District of New York just did the right thing in denying “expedited discovery” which would allow Malibu Media, LLC to send a subpoena to the Time Warner Cable ISP, thus preventing Malibu Media from learning the identity of the John Doe Defendant.

The copyright troll blogosphere is no doubt about to erupt with this story — in fact, the Twitter feed is already bustling with comments from Sophisticated Jane Doe (@FightCopytrolls), Raul (@Raul15340965), and other bloggers. Bottom line, a United States District Court Judge just said “no” to allowing Malibu Media’s extortion scheme to proceed.*

Judges are the gatekeepers of the law, and the reason these cases have been allowed to fester and infest our legal system is because judges [until now] have been asleep. They have blindly allowed the plaintiff copyright trolls the ability to wreak havoc on the accused downloaders by allowing the copyright trolls access to them so that they can intimidate, harass, embarrass, and threaten to deplete all of the funds of the accused defendant’s [sometimes life] savings in order to avoid the costly alternative of litigating a copyright infringement lawsuit.

For the purposes of this article, I am focusing on two points which I found to be interesting in today’s Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04369; NYSD) ruling (see Judge’s order here).

RULING 1: OBSCENE PORNOGRAPHY MIGHT NOT BE ELIGIBLE FOR COPYRIGHT PROTECTION.

This ruling (based on Judge Marrero’s Next Phase Distribution, Inc. v. John Does 1-27 (Case No. 284 F.R.D. 165, 171 (S.D.N.Y. 2012)) case is the “third rail” issue in copyright troll litigation. Do copyright rights extend to pornographic materials? What if they are considered “scenes a fair,” or scenes which contain the same “roles” and “characters” as in other films — are these considered copyrightable (keep the same story, scene, genre, and roles, but switch the actors)? Are these works considered art? And, what happens if the copyrighted film violates one or more obscenity laws — does that film still have copyright protection?

These are just questions, and to date, they are unresolved. However, the fact that Judge Hellerstein brought it up means that he is seriously considering whether this should be a basis to deny copyright infringement claims against John Doe Defendants.

Reference: See my 8/14/2012 article entitled, “How to make bittorrent cases go away once and for all…” (Reason 3)

RULING 2: MALIBU MEDIA ACCUSES A JOHN DOE DEFENDANT, BUT PROVIDES **NO EVIDENCE** THAT THE “JOHN DOE” DOWNLOADER IS THE ACCOUNT HOLDER. THUS, THERE IS **NO BASIS** FOR SUING THE ACCOUNT HOLDER OR IMPLICATING THE ACCOUNT HOLDER AS BEING THE “JOHN DOE” DOWNLOADER DEFENDANT IN THE LAWSUIT.

This has always been a blatantly simple, and yet tough argument to describe. But when you think of it, the simplicity — once it jumps out at you with the “aha!” moment — is charming and unforgettable.

In short, Malibu Media can prove that SOMEONE downloaded one or more of their titles. However, they do no prove (or even assert any evidence) to indicate that it was the account holder who downloaded the copyrighted film… so what legal basis does Malibu Media have to sue the account holder?? Judge’s answer: None.  In order to make a “prima facie” case that would convince a judge to rubber-stamp a subpoena permitting the copyright holders to force an ISP to turn over the identity of the account holder (whether or not he is the actual downloader), the copyright holder needs to provide some “link” identifying the actual downloader as being the account holder. No link is ever provided in Malibu Media’s pleadings, and thus in legal terms, the pleading “fails” and the copyright holder’s request for expedited discovery should be denied.

That’s it.  My two cents, for what it is worth.

Congratulations to District Judge Hellerstein for a brave and correct ruling on the law. Now if all of the other judges in the Eastern District of New York would fall in line with this ruling and abandon the “my court, my world, my rules” mentality, we can put an end to these cases once and for all.

Additional Reference:
Fight Copyright Trolls (SJD): Citing previous Malibu Media’s sheer abuse of court process, New York judge denies early discovery

*UPDATE (7/7, 6:30am): I am surprised that there are not more articles on this topic.  This should be all over the news for other NY judges (and judges in other federal district courts) to see.  Unfortunately, if other judges do not see [and act on] this ruling, then it gathers dust and it has little-to-no effect on future Malibu Media, LLC lawsuits. …and the scheme continues unhindered.


CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

OTHER RECENT MALIBU MEDIA (NYSD) CASES:
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04713)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04717)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04720)
Malibu Media, LLC v. John Doe (Case No. 7:15-cv-04725)
Malibu Media, LLC v. John Doe (Case No. 7:15-cv-04728)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04729)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04730)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04731)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04735)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04736)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04738)
Malibu Media, LLC v. John Doe (Case No. 7:15-cv-04732)
Malibu Media, LLC v. John Doe (Case No. 7:15-cv-04733)
Malibu Media, LLC v. John Doe (Case No. 7:15-cv-04734)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04741)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04742)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04743)
Malibu Media, LLC v. John Doe (Case No. 7:15-cv-04739)
Malibu Media, LLC v. John Doe (Case No. 7:15-cv-04740)
Malibu Media, LLC v. John Doe (Case No. 7:15-cv-04744)
Malibu Media, LLC v. John Doe (Case No. 7:15-cv-04745)
Malibu Media, LLC v. John Doe (Case No. 7:15-cv-04367)
Malibu Media, LLC v. John Doe (Case No. 7:15-cv-04374)
Malibu Media, LLC v. John Doe (Case No. 7:15-cv-04370)
Malibu Media, LLC v. John Doe (Case No. 7:15-cv-04377)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04368)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04369)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04371)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04373)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04378)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04380)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04381)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-04382)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-03130)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-03135)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-03137)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-03138)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-03143)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-03144)
Malibu Media, LLC v. John Doe (Case No. 1:15-cv-03134)