Man Accused Of Illegally Downloading Porn Countersues For Defamation

We’ve written quite a bit in recent months about porn company lawyers who have tried to bully alleged copyright violators into settling out of court lest it become public record that they are accused of downloading movies that predominantly feature the word “anal.” But there are a few people who have been willing to stand up and defend their reputatiion, like the Kentucky man who recently fired back at his accusers with his own lawsuit.

The man is one of many people who have been accused by porn companies of allegedly downloading and sharing some copyrighted videos via BitTorrent, and then offered the chance to settle out of court for a few thousand dollars.

But, says the man, he’s never even downloaded a porn flick — ever. And so he’s filed his own countersuit, alleging defamation, emotional distress and invasion of privacy. He’s asking for millions in damages, plus a retraction in a local newspaper.

The lawsuit details how the methods by which plaintiffs identify defendants — usually it involves issuing a subpoena to an Internet provider demanding it put names to a list of IP addresses of accused downloaders — is not fool-proof.

It also points out that, while the porn companies are going after downloaders, they are not sending take-down notices to sites that link to porn torrents, effectively allowing the downloading to continue so they can continue suing people.

He also makes the claim — which we’ve heard before — that you can’t copyright porn, and therefore downloading it would not be a copyright violation.

Earlier this month, another Kentucky resident filed a similar lawsuit against porn lawyers, alleging that they were using the court system to harass innocent consumers into settling out of court.

And back in June, Comcast successfully fought off subpoenas from porn companies demanding that the cable company provide the identities behind IP addresses of alleged downloaders.

Comcast referred to the porn lawyers’ tactics as a “shakedown” effort.

Accused Movie Pirate Sues for Defamation and Millions in Damages [TorrentFreak.com]