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Malibu Media motion to proceed bellweather

Malibu Media motion to proceed bellweather

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Published by asasdd673
John Doe #13 admits that he made a grave mistake when he
downloaded thirty X-Art movies over the internet using bittorrent,
ininging on Malibu Media’s copyrights.
2. What he once viewed as downloading some pornographic movies
in the privacy of his home has since turned out to be the biggest
mistake of his life.
3. Doe #13 is currently facing a high profile Bellwether trial that he
did not ask for, which will be the first pornographic bittorrent
case ever tried to a jury verdict.
John Doe #13 admits that he made a grave mistake when he
downloaded thirty X-Art movies over the internet using bittorrent,
ininging on Malibu Media’s copyrights.
2. What he once viewed as downloading some pornographic movies
in the privacy of his home has since turned out to be the biggest
mistake of his life.
3. Doe #13 is currently facing a high profile Bellwether trial that he
did not ask for, which will be the first pornographic bittorrent
case ever tried to a jury verdict.

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Categories:Types, Research
Published by: asasdd673 on Jun 04, 2013
Copyright:Attribution Non-commercial

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06/04/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIA 
Malibu Media, LLC,
Plainti
 ff 
,
v.Civil Action No. 12-2078 John Does 1, 13, 14, and 16,
Defendants.
Order
Today, this day of 2013, a
erconsidering John Doe #13’s unopposed motion in limine to proceedanonymously at trial, it is ordered that the motion is granted. JohnDoe #13 will be referred to as “John Doe #13” at trial.
 
 
 

:Michael M. Baylson, U.S.D.J.
Case 2:12-cv-02078-MMB Document 157 Filed 05/30/13 Page 1 of 24
 
IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIA 
Malibu Media, LLC,
Plainti
 ff 
,
v.Civil Action No. 12-2078 John Does 1, 13, 14, and 16,
Defendants.
Defendant John Doe #13’s Unopposed Motion in Limine toTestify Anonymously at Trial
Defendant John Doe #13, through his counsel, A. Jordan Rushie,requests this Honorable Court to allow him to testify at trialanonymously and says in support:1.John Doe #13 admits that he made a grave mistake when hedownloaded thirty X-Art movies over the internet using bittor-rent, in
inging on Malibu Media’s copyrights.2.What he once viewed as downloading some pornographic moviesin the privacy of his home has since turned out to be the biggestmistake of his life.3.Doe #13 is currently facing a high profile Bellwether trial that hedid not ask for, which will be the first pornographic bittorrentcase ever tried to a jury verdict.4.News of the the Bellwether Trial has already grabbed the mediaand blogosphere by fire, and was even reported on by the BBC.(Exhibit “A”).5.The results of the Bellwether Trial will most likely be widely cir-culated and discussed for years to come.6.Normally this type of case gets resolved among the parties rela-tively quietly, especially where liability is not disputed like inDoe #13’s situation.
Case 2:12-cv-02078-MMB Document 157 Filed 05/30/13 Page 2 of 24
 
7.The Plainti
ff 
accepts a reasonable settlement for having theirmovies shared over a peer-to-peer network, and someone like John Doe #13 learns that it is not okay to pirate copyrighted ma-terial
om the internet, even though internet piracy is com-monplace and widespread.8.For whatever reason, Doe #13’s previous counsel
1
decided to filean ill advised motion to quash rather than engage the plainti
ff 
ingood faith settlement negotiations.9.On October 3, 2012, this Honorable Court designated the casefor a “Bellwether Trial.”10.The purpose of the Bellwether Trial was to test the su
ciency of the plainti
ff 
’s evidence, because it has filed copyright cases inthis district but never tried one to a jury verdict.11.In doing so, this Honorable Court held that “if Plainti
ff 
decidesinstead to continue to ‘pick o
ff 
’ individual John Does, for confi-dential settlements, the Court may draw an inference that Plain-ti
ff 
is not serious about proving its claims, or is unable to doso.”12.Without the prospect of settlement, the Bellwether Order le
 Doe #13 facing at a minimum $22,500 in statutory damages, with potential liability up to $4,500,000 for maximum statu-tory damages, plus having to pay the plainti
ff 
’s attorney’s feesunder 17 U.S.C. § 504(c).13.Although some have suggested that a peer-to-peer file sharing case could never be tried to a verdict, they are wrong.14.
Capitol v. Thomas
2
and
Sony BMG v. Tenebaum
3
,
two file sharing copy-right in
ingement cases,
 
 were both tried to a verdict and re-
Malibu Media, LLC v. Does #1, #13, #14, and #16
 John Doe #13’s Motion in Limine to Testify at Trial Anonymously
2
1
 
Counsel did not enter his appearance, and Doe #13 signed the motion pro se.
2
 
Capitol Records, Inc. v. Thomas-Rasset
, 692 F.3d 899 (8th Cir. Minn. 2012)
3
 
Sony BMG Music Entertainment v. Tenebaum
,No. 07cv11446-NG (D. Mass. Dec. 7,2009).
Case 2:12-cv-02078-MMB Document 157 Filed 05/30/13 Page 3 of 24

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