Wednesday, February 16, 2011

Woman Hits Back At Liberty Media; Asks For Dismissal From P2P Shakedown Saying She Never Downloaded Gay Porn

Porn producer Liberty Media has been quite aggressive of late in jumping into the whole mass infringement lawsuits business, with some really questionable moves, including a questionable quiet settlement, targeting third parties and a laughable demand that people pay $1,000 and confess to file sharing its movies before it even accused them of doing so.

However, copyright lawyer Ray Dowd points us to one woman's response to the accusation that she had downloaded gay porn. While the filing is technically pro se from this woman, who notes that her profession is as an electrician, Dowd notes that the motion is surprisingly well-written for a non-lawyer (and also refers to herself in the third person), raising questions if there's an anonymous lawyer helping out. Either way, she points out that she never downloaded the film in question and had never even heard of it or the company. She notes that she lives in New Jersey and any such lawsuit should be in New Jersey. She also notes that Liberty failed to follow basic civil procedure rules for serving her with the lawsuit, and says that the lawsuit fails the statute of limitations test, because it does not provide a date when she was supposed to have infringed.

You can read her entire filing below.

On a separate note, reading this, it's the first time I realized that Marc Randazza is apparently representing Liberty Media. That's unfortunate, as Randazza quite frequently does really good work in favor of protecting people's First Amendment rights -- and, as a reader recently noted, Randazza's firm is even listed on the EFF's website of law firms that are willing to help those accused of file sharing in lawsuits exactly like this one! It's too bad. I usually support the work that Randazza does, but supporting Liberty Media in this overreaching campaign seems like a mistake.

Permalink | Comments | Email This Story


Arielle Kebbel Jessica Paré Leelee Sobieski Teri Hatcher Lauren Bush

No comments:

Post a Comment