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Gov.uscourts.wiwd.33379.27.0

Gov.uscourts.wiwd.33379.27.0

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Published by J Doe
Gov.uscourts.wiwd.33379.27.0
Gov.uscourts.wiwd.33379.27.0

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Categories:Types, Business/Law
Published by: J Doe on Sep 10, 2013
Copyright:Attribution Non-commercial

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10/20/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF WISCONSINOPINION AND ORDER 
MALIBU MEDIA LLC,Plaintiff, v. 13-cv-205-wmcJOHN DOE subscriberassigned IP address 24.183.51.58Defendant.MALIBU MEDIA LLC,Plaintiff, v. 13-cv-207-wmcJOHN DOE subscriberassigned IP address 71.13.250.95Defendant.MALIBU MEDIA LLC,Plaintiff, v. 13-cv-208-wmcJOHN DOE subscriberassigned IP address 71.87.100.125Defendant.MALIBU MEDIA LLC,Plaintiff, v. 13-cv-209-wmcJOHN DOE subscriberassigned IP address 98.125.121.178Defendant.MALIBU MEDIA LLC,Plaintiff, v. 13-cv-315-wmcJOHN DOE subscriberassigned IP address 24.177.123.74Defendant.MALIBU MEDIA, LLC,Plaintiff, v. 13-cv-318-wmcJOHN DOE subscriberassigned IP address 24.196.90.111Defendant.MALIBU MEDIA, LLC,Plaintiff, v. 13-cv-319-wmcJOHN DOE subscriberassigned IP address 66.168.17.59Defendant.MALIBU MEDIA, LLC,Plaintiff, v. 13-cv-320-wmcJOHN DOE subscriberassigned IP address 71.10.117.251Defendant.MALIBU MEDIA, LLC,Plaintiff, v. 13-cv-321-wmcJOHN DOE subscriberassigned IP address 71.90.19.244Defendant.MALIBU MEDIA LLC,Plaintiff, v. 13-cv-322-wmcJOHN DOE subscriberassigned IP address 97.86.116.18Defendant.MALIBU MEDIA LLC, v. 13-cv-317-wmcJOHN DOE subscriberassigned IP address 24.183.92.115Defendant.
Case: 3:13-cv-00209-wmc Document #: 27 Filed: 09/10/13 Page 1 of 10
 
2On May 28, 2013, Magistrate Judge Crocker ordered plaintiff Malibu Media toshow cause why this court should not issue Rule 11(b) sanctions for its regular practice of attaching an apparently unrelated an
d embarrassing “Exhibit C” to the
complaints ineach of the above-captioned copyright infringement cases. (Order (dkt. #6).)Specifically, each of these exhibits purports to include titles of other movies
not
subject toplaintiff 
’s copyright
, but downloaded by the as yet anonymous defendant and chosen by plaintiff to embarrass and harass to leverage settlement. While plaintiff offers at leastcolorable justifications for attaching these lists, the court is unconvinced, concluding thatthe intent was to harass and intimidate defendants into early settlements by use of thesalacious nature of others
materials, rather than the merit of its own copyright claims. Accordingly, t
he court will sanction plaintiff’s counsel
$200 per case.BACKGROUNDIn recent months, plaintiff Malibu Media, a purveyor of so-called adult films, hasjoined many others in bringing lawsuits in federal courts against anonymous defendants, who are alleged to own internet addresses associated with the unlawful distribution of copyrighted materials by use of an online
“BitTorrent protocol”
service in violation of federal copyright law 17 U.S.C. §§ 101 et seq.
See TCYK v. Does 1-13,
13-cv-296-wmc(dkt. #14). Apparently, the lewd and obscene nature of the graphic titles and contentare enough to persuade many initially anonymous defendants to reach early settlementsout of fear of being
“outed” should
the lawsuit proceed.
See Malibu Media, LLC v. Reynolds
, 2013 U.S. Dist. LEXIS 31288 at *18-23 (discussing cases that have recognized
Case: 3:13-cv-00209-wmc Document #: 27 Filed: 09/10/13 Page 2 of 10
 
3
the power of lawsuits alleging illegal downloading of pornographic movies “to shame
defendants into settlement agreements where they may otherwise have a meritorious
defense”).
 In each of the lawsuits at issue here, Malibu Media and its counsel chose not torely on the relatively tame names given its own pornographic material downloaded by defendants, but instead attached to the c
omplaint an “Exhibit C,”
comprising a list of thenumerous other files downloaded to that targeted address via BitTorrent in the precedingseveral months. Malibu Media concedes it holds no copyright on any of these otherdownloaded files listed in
“Exhibit C,”
meaning they have no direct relevance to its owncopyright claims. Particularly troubling to the court, the list on Exhibit C consistently includes far more disturbing lewd, unusual and unredacted titles of pornographic filmsallegedly also downloaded by the defendant than those belonging to plaintiff. For
example, Malibu Media titles include “Red Satin,” “
Dreams Come True
” and “
Tuesday Morning
,” while the titles
in Exhibit C
include “[Bestiality] Young Blond … Dog
(www.sickporn.in)
,”
Lada.N
ice …
 
 Young.Girl” and “Dirty Stories 5.”
This patternrepeats itself between the titles copyrighted by plaintiff in Exhibit B and those for whichplaintiff holds no copyright in Exhibit C for each of the eleven cases captioned above.Recognizing that the attachment serves no pleading purpose and appearscalculated principally to harass defendants in violation of Fed. R. Civ. P. 11(b), JudgeCrocker issued an order to show cause why counsel should not be sanctioned. Amicus
 
Electronic Frontier Foundation
(“EFF”) got wind of this
order and, given its uniqueinsights and interests, received this
court’s permission to file its own brief in support o
Case: 3:13-cv-00209-wmc Document #: 27 Filed: 09/10/13 Page 3 of 10

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