From the docket sheet:
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:11-cv-04100-SAS
Liberty Media Holdings, LLC v. New York Members Of Swarm Of November 16, 2010 To January 31, 2011 Sharing Hash File AE340D0560129AFEE8D78CE07F2394C7B5BC9C05 et al
Assigned to: Judge Shira A. Scheindlin
Demand: $150,000
Cause: 17:101 Copyright Infringement
Date Filed: 06/15/2011
Jury Demand: None
Nature of Suit: 820 Copyright
Jurisdiction: Federal Question
Plaintiff
Liberty Media Holdings, LLC represented by Vincent S Verdiramo
Vincent Verdiramo
3163 John F. Kennedy Blvd.
Jersey City, NJ 07306
201-798-7082
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
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Showing posts with label corbin fisher. Show all posts
Showing posts with label corbin fisher. Show all posts
Monday, June 20, 2011
Sunday, May 1, 2011
How To Sue and Discover A BitTorrent Swarm: Liberty Media, A Swarm of John Does and the Cable Privacy Act
In Liberty Media Holdings, LLC v. Swarm of November 16, 2010, Sharing Hash File A3E.... and John Does 1-95 2011 WL 1597495 (S.D. Cal. April 26, 2011), the court permitted suit and early discovery, together with claims for copyright infringement, civil conspiracy and negligence against a BitTorrent swarm that accessed and downloaded plaintiff's copyrighted work.
Plaintiff identified the copyrighted work that had been accessed and copied by the BitTorrent swarm. Plaintiff was able to identify to the court the Internet Protocol (IP) addresses of each of the members of the swarm, but was unable to serve any of the individuals because Plaintiff lacked their names and addresses.
The court found that the Cable Privacy Act, 47 U.S.C. 551(c)(1) applies. The Cable Privacy Act requires cable companies to inform subscribers before any of their confidential information is turned over.
Under Rule 26 of the Federal Rules of Civil Procedure, discovery may not commence until the parties have had a "meet and confer" under Rule 26(f). However, in rare cases where the plaintiff cannot learn the defendants' identities without limited discovery, courts may order such discovery.
From the opinion:
Although discovery usually takes place only after a defendant has been served, “[s]ervice of process can pose a special dilemma for plaintiffs in cases ... in which the tortious activity occurred entirely on-line ... because the defendant may have used a fictitious name and address in the commission of the tortious acts.” Columbia Ins. Co. v. Seescandy.com, 185 F.R.D. 573, 577 (N.D.Cal.1999). Accordingly, courts have, in rare cases, “permitt[ed] limited discovery to ensue after filing of the complaint to permit the plaintiff to learn the identifying facts necessary to permit service on the defendant.” Id. (citations omitted).
In determining whether a motion for expedited discovery should be granted to identify anonymous Internet users named as Doe defendants, courts consider whether: (1) the plaintiff can “identify the missing party with sufficient specificity such that the Court can determine that defendant is a real person or entity who could be sued in federal court”; (2) the plaintiff has “identif [ied] all previous steps taken to locate the elusive defendant”; and (3) the “plaintiff's suit against defendant could withstand a motion to dismiss.” Id. at 578–80.
Liberty Media Holdings, LLC v. Swarm of November 16, 2010, Sharing Hash File A3E6F65F2E3D672400A5908F64ED55B66A0880B8 2011 WL 1597495, 2 (S.D.Cal.) (S.D.Cal.,2011)
The court permitted subpoenas to be served pursuant to Rule 45 of the Federal Rules of Civil Procedure on the cable companies and directed that the cable companies inform individual subscribers that their personal information was being requested. The court denied further discover due to Plaintiff's failure to specify the precise discovery sought.
Interesting that the court permitted a negligence claim against individual IP address holders to proceed.
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Monday, February 14, 2011
Copyright Lawsuit is Alleged To Be Liberty Media Gay Porn Extortion Plot Against University of Michigan, Manhattan College
On February 11, 2011, a woman acting pro se made a motion to dismiss or to sever the claims against her based on the plaintiff's failure to allege "purposeful availment" of the Plaintiff's business in California. From her motion:
"Plaintiff Liberty Media Holdings, LLC ("Plaintiff') is a producer of
9 pornographic materials, who has filed this Complaint in an effort to extort money from
10 various individuals, including Ms. Lewis. The basis of Plaintiff's lawsuit is that
11 Ms. Lewis, or someone using her IP address, accessed explicit internet content-
12 purportedly, one movie-by "bypassing the necessary payment and login steps required
13 of users." (Complaint,')[ 2.) But Plaintiff refuses to provide any evidence that Ms. Lewis
14 accessed any alleged movie.
The well-written motion is in the third person, casting doubt on whether Ms. Lewis drafted the motion or was herself represented by a John Doe attorney.
In the same case, Liberty Media Holdings LLC v. Does 1-59, 2011 292 WL 292128 (S.D. Cal. Jan. 25, 2011), the court ordered disclosure of personal information from University of Michigan and Manhattan College among others.
The movant claims she is an electrician from New Jersey and never accessed http://www.corbinfisher.com/.
The complaint claims that the Does accessed its served and obtained copyrighted materials.
The SD Cal judge is giving the colleges and the individuals the opportunity to quash the subpoena.
12 b Motion to Dismiss Liberty Media Holdings v. John Does 1-59
Corbin FisherFrom Wikipedia, the free encyclopediaJump to: navigation, search
According to Wikipedia, Corbin Fisher is an alias. The information on Wikipedia also suggests that http://www.amateurcollegemen.com/ may not be strictly amateur.
From Wikipedia:
Corbin Fisher
Logo
Type LLC
Industry Film
Genre Film studio
Founded 2004
Founder(s) Corbin Fisher
Headquarters San Diego, CA, USA
Key people Jason Gibson, CEO
Brian Dunlap, vice president
Marc Randazza, general counsel
Products Gay pornography
Website CorbinFisher.com
Corbin Fisher is an American film studio with a focus in gay pornography. The studio maintains a website at CorbinFisher.com; other web properties of the company include AmateurCollegeMen.com, AmateurCollegeSex.com and ShopCorbinFisher.com.[1] The company also produces pornographic photo books. The company is based in San Diego, California.[2] The founder of Corbin Fisher, who goes by the same name as an alias, started filming men and making videos during his spare time, and started the website CorbinFisher.com in 2004. AmateurCollegeMen.com was also begun in 2004, and the company grew quickly. It launched AmateurCollegeSex.com in 2006, and the company continued to focus on a niche of straight male actors performing in gay pornography.
In September 2008, the company began offering health benefits, scholarships, and 401(k) pension plans to actors who signed exclusive contracts with the company. The company released its first full-length DVD in September 2008, and a photobook Playing Hard to Get was produced in 2009. In 2009, the gay Europorn studio Bel Ami chose Corbin Fisher as its first collaboration on a production with a studio based in the United States. Free speech attorney Marc Randazza was brought on as the company's general counsel in 2009, and he helped bring about a settlement with a cellphone content provider after Corbin Fisher brought a copyright infringement claim against the provider. In November 2009, Corbin Fisher offered a contract deal to Levi Johnston, father of Republican party politician Sarah Palin's grandchild.
Corbin Fisher's products have been well-received, both by others within the industry and by media commentators. In 2006, Corbin Fisher won an award in the category of Adult Gay Megasite at the Cybersocket Awards. Since then, it has been recognized with multiple nominations for awards within the industry; both for its video content and websites. The company received the Free Speech Coalition Award of Excellence at the 2010 Cybersocket Awards.
Marc Randazza, the attorney representing Liberty Media, is Corbin Fisher's General Counsel and a blogger who edits The Legal Satyricon.
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