On May 28, 2013, Magistrate Judge Crocker ordered plaintiff Malibu Media to show cause why this court should not issue Rule 11(b) sanctions for its regular practice of attaching an apparently unrelated and embarrassing “Exhibit C” to the complaints in each of the above-captioned copyright infringement cases.
As a result,
While plaintiff offers at least colorable justifications for attaching these lists, the court is unconvinced, concluding that the intent was to harass and intimidate defendants into early settlements by use of the salacious nature of others’ materials, rather than the merit of its own copyright claims. Accordingly, the court will sanction plaintiff’s counsel $200 per case.
While it may seem like $200 per case is a penny for the Lipscomb/Field extortion enterprise, don’t forget that now each of Malibu’s cases with the infamous Exhibit “C” is likely to be affected. And there is a legion of such cases across the country.
The Order is going to be quoted ad nauseum in future Doe motions:
While the court agrees with Malibu Media that there is only circumstantial evidence of ill intent, Malibu Media’s denials do not pass the smell test, and any denial of improper motive by its counsel does not pass the laugh test.
A well deserved reversal of fortune after the Bellwether fiasco.
- ArsTechnica: Porn troll Malibu Media sanctioned for trying to embarrass defendants by Joe Mullin.
- TechDirt: Copyright Troll Malibu Media Sanctioned For Bogus Copyright Abuse & Intimidation Tactic by Mike Masnick.
- Boing Boing: Porno copyright trolls Malibu Media sanctioned by court for “extortionate” tactic by Cory Doctorow.
- PuntoInformatico: Copyright, lo scandalo non paga by Gaia Bottà.
- EFF Deeplinks blog: Judge Fines Copyright Troll Lawyer for Harassing Tactic Used Nationwide by Kurt Opsahl and Mitch Stoltz.
- Law360 (paywalled): Judge Blasts Porn Co. For Harassment, Intimidation In IP Suit by Bill Donahue.