From Gizmodo
Sending threatening letters is a storied tactic for companies trying to get money from alleged pirates, by this stage. But spying on people and trying to subpoena their neighbours? Not so kosher, at least according to one federal judge.
In a ruling yesterday, New York federal judge Katherine Forrest (the same who presided over the Silk Road case, by the way) slammed porn company Malibu Media over the practices it was using to try and get money out of alleged pirates.
Malibu – the parent company behind major subscription site X-Art – sends letters to thousands of alleged copyright infringers, asking them to pay up (a few thousand dollars), or face a hefty lawsuit. Most people don’t have the resources or lack of shame to fight a lawsuit about their pornography habits, so they pay up.
If they don’t, Malibu resorts to tactics that sound a lot like extortion: in the specific case being heard, threatening to subpoena the defendant’s neighbours and spouse. As Fight Copyright Trolls points out, Malibu’s emails ask the defendant to either admit that he downloaded the content, or that someone else on his Wi-Fi (neighbours or spouse, presumably) must have done so.
In other words: admit you downloaded the films, or have us tell your neighbours and partners that you pirated porn. Judge Forrest agreed that the practice is shady: “At this point, this deposition appears to be harassment and at least outweighed by such considerations.”
9 Responses
Federal Judge Smacks X-Art http://t.co/g2i1LC8KnP
Good. Fuck that extortion and blackmail shit.
Is it really extortion when someone is stealing from you in the first place?
Yes, because the stealing is an accusation yet to be proven at that point.
Is it really that bad if people find out u view porn online? Surprised that this is the be all, end all trigger, that gets a man to cough up a couple grand, or else he will be told on, that he looks at the porno.
If that’s all these these dying companies have, then they don’t have much. So if u say, “go ahead and tell the world I look at pornography”, the lawsuit hits the wall? Seems like it, since all u hear is the threat of squealing on u for pornographic viewing..
Depends on your station in life and profession. A lawyer, Doctor, cop, politician, clergyman, or teacher may be more concerned about others finding out then some blue collar worker.
Then just pay the fine/penalty for stealing porn in the first place and be done with it? I mean fuck, they STOLE content, they aren’t the fucking victims here. They are the criminals.
No, they are being accused of stealing porn. Innocent until PROVEN guilty in a court of law.
This is absolutely the case. Think of what happened with Ashley Madison – huge uproar that government employees were looking at that site on government computers. Plus, it’s not just that you were looking at porn – if its outed that you’re looking at Playboy.com, that’s one thing. But if you were watching the 50 Man anal creampie gang bang, or Kink.com, it ain’t going to be pretty around the office.