Adult film company Malibu Media has sometimes been called a “p**n troll,” or “copyright troll,” because it has sued hundreds of people for allegedly illegal downloads of p**nographic movies that it owns. Malibu is believed to have filed over 1,000 such lawsuits.
Last week, a federal judge in Florida threw one of those Malibu lawsuits out of court with some remarkable legal reasoning. Just two months after Malibu filed its case, US District Judge Ursula Ungaro tossed the lawsuit Malibu filed against the user at IP address 174.61.81.171. Ungaro said that there’s no proof Malibu is even in the right venue, since “[t]here is nothing that links the IP address location to the identity of the person actually downloading and viewing Plaintiff’s videos and establishing whether that person lives in this district.”
Malibu argued that its investigator used geolocation technology that “has always been 100 percent accurate when traced to the Southern District of Florida.” It’s unlikely to have come from a public Internet point like a coffee shop, given that some of the alleged infringement occurred around 5:00am (EDT), noted Malibu lawyer Keith Lipscomb. “By directing its lawsuits at IP addresses from Comcast Cable, Plaintiff knows that almost always the IP address will trace to a residential address.” 

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