"malibu media"

Schadenfreude watch: Porno copyright trolls' investors sue, say the grifters they backed stole their money (the grifters say their lawyer stole the money from them first!)

Malibu Media (previously) is the nom-de-lawsuit for Colette Pelissier and Brigham Feld, notorious copyright troll pornographers who send "speculative invoices" to people whom they accuse of downloading the pornography and B-movies they claim copyright over in the hopes that the people they ding will just send them a check rather than going to court. Read the rest

Copyright trolls cut and run at suggestion that they're a front for disgraced firm Guardaley

Now that evidence has surfaced suggesting that Guardaley, a disgraced firm of German copyright trolls, is secretly behind the legal actions of notorious US trolls like Malibu Media, the US plaintiffs are running scared, asking judges to dismiss their cases before they can be dragged into a discovery process that might confirm the link.

Guardaley is seriously toxic in the USA, and any suggestion that they were pulling the strings of US plaintiffs would likely be enough to get any case booted -- and possibly result in sanctions for the lawyers representing the trolls.

The defendants in a case over downloading the B-movie Elf-Man has presented evidence that not only links Guardaley to the suit, but also suggests that Guardaley was one of the seeders of the Elf-Man bittorrent file. In other words, they were sharing the file while acting as representatives for the copyright holders, making the downloads they're suing over authorized, and not infringing. Read the rest

Judge tells porno copyright troll that an IP address does not identify a person

In Florida, District Court Judge Ursula Ungaro has dismissed a suit brought by notorious porno-copyright trolls Malibu Media on the grounds that an IP address does not affirmatively identify a person, and so they cannot sue someone solely on the basis of implicating an IP address in an infringement. This is a potentially important precedent, as it effectively neutralizes the business-model of copyright trolls, who use IP addresses as the basis for court orders to ISPs to turn over their customers' addresses, which are then inundated with threatening letters. The porno copyright trolls have a distinctly evil wrinkle on this, too: they threaten their victims with lawsuits that will forever associate the victims' names with embarrassing pornographic video-titles, often with gay themes. Read the rest

Porno copyright trolls Malibu Media sanctioned by court for "extortionate" tactic

Malibu Media is a notorious porno-copyright-troll, a company whose business-model is sending blackmail letters to Internet users threatening to sue them for downloading pornographic movies (and forever link their names to pornography) unless they pay up. They invented a particularly loathsome tactic that sets them apart from other pornotrolls: their blackmail letters make a point of mentioning extremely explicit pornographic titles associated with films that they have no interest in -- basically, a sideways way of implying that any legal action eventually taken against you will include a bunch of humiliating and embarrassing movie-titles, when nothing of the sort is possible, since they don't represent those rightsholders and can't take legal action on their behalf.

Finally, a court has seen fit to sanction Malibu for this tactic, after an amicus brief by the Electronic Frontier Foundation argued against it. The judge went so far as to call it extortion.

Mike Masnick points out that other copyright trolls like Prenda and Righthaven have flamed out after the courts caught on to their shady tactics and started issuing sanctions and ruling for defendants. We can only hope that this will be Malibu's (near) future. Read the rest

Fed judge to copyright trolls: get bent

New York magistrate judge Gary Brown blasted copyright trolls Frederic Abramson and Aaron Kotzker, who were acting on behalf of pornographers Malibu Media and K-Beech, delivering a 26-page Order & Report & Recommendation that stopped just short of straight-out accusing the lawyers and their clients of criminal extortion. He started by describing the weak connection between IP addresses and identity:

John Doe #16 has stated that he was at work at the time of the alleged download. John Doe #2 states under oath that he closed the subject Earthlink account, which had been compromised by a hacker, before the alleged download. John Doe #29’s counsel represents that his client is an octogenarian with neither the wherewithal nor the interest in using BitTorrent to download Gang Bang Virgins. John Doe #10 represents that downloading a copy of this film is contrary to her “religious, moral, ethical and personal views.” Equally important, she notes that her wireless router was not secured and she lives near a municipal parking lot, thus providing access to countless neighbors and passersby...

And then he moved on to the trolls' demonstrated insincerity in actually desiring a court-fight, as their deeds had demonstrated that they weren't interested in the courts as a means of finding truth or justice, but merely as a threat to convince innocent people to pay them off just to be rid of them:

Upon receipt of the Complaint, I reached out to Plaintiff and spoke to a self-described “Negotiator” in an effort to see if I could prove to them (without the need for publicly tying my name to the Complaint) that I had nothing to do with the alleged copyright infringements.

Read the rest

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