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XBiz 2011 05 61

The document discusses two attorneys, Evan Stone and Marc Randazza, and their approaches to fighting piracy through litigation. Stone filed 49 subpoenas in Texas using a provision to obtain infringers' identities from ISPs. Randazza files suits across multiple states and sees a 70% reduction in piracy of one client's works, attributing it to deterrence and awareness of legal consequences.

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66K views1 page

XBiz 2011 05 61

The document discusses two attorneys, Evan Stone and Marc Randazza, and their approaches to fighting piracy through litigation. Stone filed 49 subpoenas in Texas using a provision to obtain infringers' identities from ISPs. Randazza files suits across multiple states and sees a 70% reduction in piracy of one client's works, attributing it to deterrence and awareness of legal consequences.

Uploaded by

J Doe
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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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 Stones 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 Warners motion to quash. Stone

AN DIEGO When it comes to fighting piracy for his clients, attorney Marc Randazza doesnt 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. Weve got to get people everywhere, he said. Weve 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 isnt an easy task, but hes 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.

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 dont 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 cant reach an agreement, hell go to court. If Im forced to sue, then Ill sue, he said. Im not sure what jurisdiction Ill 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 dont get it in Texas, then Ill 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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