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Porn Industry May Play the 'Shame Card' in Litigation, Part II

As I wrote here less than two weeks ago, following a secret meeting in Tucson last month, the porn industry appeared to be on the verge of unleashing a litigation storm against piracy that would make use of an unusual weapon: the "Shame Card." As one industry executive stated last month, "It seems like it will be quite embarrassing for whichever user ends up in a lawsuit about using a popular shemale title.... going public is probably not worth the risk that these torrent and peer-to-peer users are taking."

In fact, the industry has now gone forward with this litigation campaign. Law and Disorder reports that "over the last two weeks, one lawyer with an AOL e-mail address [Kenneth J. Ford], working out of a Martinsburg, West Virginia office, has managed to file more than 16,700 new lawsuits against file-swappers with a taste for Batman and booty." Ford's Adult Copyright Company sued 7,098 John Does on Oct. 29, and followed that up with lawsuits against 9,729 more anonymous defendants on Nov. 4.

The litigation strategy appears to be to use the courts to identify the people behind the infringing IP addresses that are downloading pirated porn, and then present them with an unpleasant choice: promptly settle online, using a credit card, or be named individually in a lawsuit for pirating "Batman XXX: A Porn Parody" or "Teen Anal Nightmare 2."  Your choice, Mr. Porn Pirate! 

Image: Sahaab

Posted by Bruce Carton on November 11, 2010 at 11:15 AM | Permalink | Comments (12)

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