Guardaley | X-Art

New Jersey judge is not happy with Malibu Media’s “veritable orgy of lawsuits”

Copyright shakedown is a disease that affects a vital organ — federal courts, and we are currently in the midst of an epidemic. Some virus mutations, like Prendavirus, have been successfully contained, but currently there is no effective cure against another family of viruses that originated in Germany (especially Libscombema pallidum).

Some areas of the US are affected the most: Illinois, Pennsylvania, Colorado… Yet others, as we will see in a moment, try to maintain a good hygiene, and although it is impossible not to get sick, those who at least understand the pathogen’s potential harm and think about the ways to contain the illness, are better off.

M. Keith Lipscomb (via its NJ agent Patrick “Moving Lips” Cerillo) started contaminating New Jersey district in June after a year-long lull (since 8/5/2013). 27 cases were filed on June 17-20, another batch — 19 cases — were initiated on July 10-11. What’s interesting, the judges kept silence for more than a month: in other jurisdictions requests for ex parte discovery are usually rubberstamped in days.

Tonianne BongiovanniUS Magistrate Judge
Tonianne Bongiovanni

Today we saw the first order, which, alas, has granted the discovery request, but with a twist. When the order starts with

Once again, a veritable orgy of lawsuits involving the alleged infringement of Plaintiff’s copyrighted material have been filed in this Court,

trolls should know that the joy ride to the US citizens’ pockets won’t be quick and easy.

Magistrate Tonianne Bongiovanni‘s concern is well articulated:

This Court has generally granted these types of motions in the past, in many instances simply rubber-stamping the requests. However, since the first round of filings approximately two years ago, courts in this District as well as around the country have grown warier that allowing copyright holders access to all the information requested in Plaintiff’s Motion could result in abusive litigation tactics because of the potential embarrassment defendants could experience given the nature of the copyrighted work.

While the judge reluctantly partially granted the subpoena request (and the blame for it should be placed on lawmakers, not on judges like her), a clear message was sent: pornographers and their greedy lawyers are not very welcome in New Jersey.

I hope some defendants will give a good fight, which should be a bit easier in hygiene-wary New Jersey than in jurisdictions heavily affected by Libscombema pallidum.

 

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Discussion

5 responses to ‘New Jersey judge is not happy with Malibu Media’s “veritable orgy of lawsuits”

  1. I would like to here someone who is a lawyer offer an opinion on what may be done that would meet the requirement of “the purpose of this litigation”. Can they make a settlement demand before actually amending the complaint with the name and serving the defendant?

    As early discovery orders go, this looks about as good as one could hope for.

    • While that language is not as broad as the oft used “information shall only be used to protect plaitiff’s copyrights” it is still broad. However given the overall tenor of this Order and the reference to the abuse outlined in the EDNY case it would be stupid to have Elizabeth Jones start dunning this Doe.

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