SUING THE PORN PIRATES

ATTORNEY TAKES ON LITIGATING PORN BITTORRENT CASES

n MARC RANDAZZA

n EVAN STONE

Anti-Piracy Strategy Paying Off
BY LYLA KATZ

Using New Tactic to Fight Infringers
BY LYLA KATZ
ALLAS — After a federal judge in Dallas severed all but one of his defendants from each of his 14 porn BitTorrent lawsuits, attorney Evan Stone is now using a new approach to get the desired results. Stone filed in March a total of 49 subpoenas in another Texas federal district using a subpoena provision in the Copyright Act, which says any copyright holder can have federal clerks issue a subpoena for the expressed purpose of obtaining the identity of the copyright infringer. “This is what I should have been doing from the beginning,” Stone told XBIZ. Out of the 49 subpoenas, 14 were issued to AT&T Internet Services, Charter Communications, Comcast Cable Communications, Cox Communications, Qwest Communications, Verizon Corporate Services and Time Warner Cable and 35 were issued to lesser known service providers that have already complied, Stone said. Seven of the subpoenas, which were filed in Marshall, Texas, include defendants who were part of Stone’s previous lawsuits, were filed on behalf of adult clients Lucas Entertainment, VCX, Harmony Films and Adult Source Media. “All of our subpoenas provide sufficient information to locate the infringing material,” Stone said. But, the larger ISPs are fighting the subpoenas. A judge has already granted Time Warner’s motion to quash. Stone

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AN DIEGO — When it comes to fighting piracy for his clients, attorney Marc Randazza doesn’t believe in get-rich-quick schemes, instead he prefers a more multifaceted approach in order to achieve maximum results for both his clients and the adult industry. So far, his approach has worked. During the past two years, Corbin Fisher, for whom Randazza serves as general counsel, has seen the availability of its material on pirate sites drop by 70 percent while signups have jumped by 20 percent. Randazza attributes this to not only his work ethic and belief in due process of the law, but to his long-term campaign in attempting to change what he calls a “toxic pirate environment.” By assembling a network of lawyers, Randazza said he plans on filing more suits in other states such as North Carolina, Florida, Texas, Michigan and others. “We’ve got to get people everywhere,” he said. “We’ve got to change the prevailing view, which is ‘Who pays for porn?’” He said he hopes his lawsuits will deter others from illegally downloading or sharing content online and that changing the behaviors of people who believe porn should be free isn’t an easy task, but he’s in it for the long haul and it begins with a multi-pronged strategy. “The first goal is to do loss prevention and recognize how much my clients are

losing and find a way to stem the bleeding,” he said. “The second goal is to create awareness and let people know that there are consequences. “The third goal is to use the money from litigation proceeds to fund research and development for market-based approaches to the problem.”

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Attorney Marc Randazza is filing suits in jurisdictions where the defendants are located because he wants to give them a fair shot at defending themselves.
Randazza is filing suits in jurisdictions where the defendants are located because he wants to give them a fair shot at defending themselves. “I don’t believe in bullying people into writing checks,” he said. Meanwhile, the money Randazza has recouped for his clients has not only helped stem the tide of loss, but some of the companies have used that money as a seed fund for creating technological solutions, while others have donated to charity. “By playing by the rules, you do the entire community a service,” he said. “We all have to do this together.”

said the judge went beyond his authority. “We will move to have the issue reviewed by a district judge,” Stone said.”We will file an appeal, and we want this addressed by the 5th U.S. Circuit Court of Appeals.” Stone said that he is waiting to see if the service providers reveal the identities of the infringers at which point he will try to reach a settlement with them. He says if he can’t reach an agreement, he’ll go to court. “If I’m forced to sue, then I’ll sue,” he said. “I’m not sure what jurisdiction I’ll do that in.” Stone added that he may seek admission to the D.C. courts because the rulings that are coming out of the courts make sense.

After a federal judge in Dallas severed all but one of his defendants from each of his 14 porn BitTorrent lawsuits, attorney Evan Stone is now using a new approach to get the desired results.
“If they don’t get it in Texas, then I’ll go to D.C.” In the meantime, Stone said he has resumed settlement agreements with various infringers.

May 2011

XBIZ WORLD

61

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