Tag Archives: porn downloading lawsuits

Porn Downloading Lawsuits On The Rise

porn downloading lawsuitsMusic labels and Hollywood studios have been doing it for years – and now porn studios are filing dragnet copyright infringement lawsuits.

Over the past several months, thousands of individuals have been targeted by porn studios for illegally downloading adult films. And while it’s true that downloading copyrighted material is illegal, the way in which many of these porn downloading lawsuits are being carried out is raising a few legal eyebrows.

It’s Illegal To File A Lawsuit You Have No Intention Of Actually Seeing Through

It’s against the law to file a lawsuit you have no intention of properly seeing through. The spirit of the law is tainted when lawsuits are pursued for mere intimidation purposes. Moreover, the technology being used to catch porn downloaders is questionable, as it relies on IP addresses, which can easily be duped or otherwise obfuscated. In fact, earlier this year, a blind man was accused of downloading porn.

Why Most Porn Downloading Lawsuits Are “John Doe” Suits

Most porn downloading lawsuits are filed as John Doe cases. This is done for a few reasons, but the core psychological impetus is money. The plaintiffs know their chances of getting a quick payout increase greatly if they don’t name names at first. After all, nobody wants their reputation mixed up with a pornography lawsuit. So, most folks just pay the fine – even when there’s reasonable doubt that they’re the actual culprit. Simply put, some innocent citizens are being shamed into paying a fine to avoid public porn downloading stains on their records.

Why Are Many Porn Copyright Cases Are Legally Sketchy?

“We think the suits are unfair,” began Rebecca Jeschke of the Electronic Frontier Foundation, who went on to explain that many plaintiffs in pornography downloading lawsuits are “cutting corners” and “not giving people due-process rights.”

Since November 2010, over 16,000 anonymous downloaders have been sued by adult entertainment entities. Most of the lawsuits, however, are settled before the discovery phase of litigation.

Teensy Bit Hypocritical (Some People Think)

What makes these porn downloading lawsuits even more irksome is prosecuting porn executives propensity to remain elusive. As such, a certain irony arises; executives who actively dodge legal radars are going after average John Does (and let’s be honest, many are most likely the people who keep the adult industry alive in various ways).

High Error Rate

In addition to questionable monetary motivations, there is a significant error rate with many of these porn downloading lawsuits. IP-sniffing software is used to identify alleged porn perpetrators. The problem is that Internet protocol addresses are easily spoofed. Moreover, those who are not computer savvy may inadvertently have their wireless connections unprotected (there’s a joke here somewhere), which means anyone can access their IP address. In other words, if a plaintiff can prove they purchased a wireless router, in theory, that constitutes grounds for reasonable doubt.

But again, the shame associated with a porn downloading lawsuit means most people are intimidated out of pursuing their legal rights further – even when they are not in the wrong!

Contact A Lawyer With Online Copyright Defense Experience

If you have been targeted in a dragnet-style porn downloading lawsuit, give us a call. Our firm has helped others in the very same situation. Uber-discreet is our middle name, and we know the correct legal course of action to take when it comes to defending John Does in porn downloading lawsuits.

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