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Porn studio sues immigrant who has “no idea how BitTorrent works,” wins big

A defendant accused of illegally downloading porn on BitTorrent argued it was like having a pirated CD slipped in his bag on the way out of the store. The judge didn't buy it.

Porn studio Malibu Media files more copyright lawsuits than anyone else in the US since the fall of Prenda Law; hundreds of suits against "John Doe" defendants have been filed in just the last few months. Nearly all of those cases settle before the case is decided on the merits.

However, in a rare development yesterday, a Malibu lawsuit proceeded to a judgment—and it was a slam dunk for the porn studio. In a terse five-page order (PDF), US District Judge Robert Jonker tore apart defendant Don Bui's arguments that using BitTorrent and the site Kickass Torrents to get porn files didn't violate Malibu's copyright.

In the case, the defendant admitted he had 57 unauthorized copies of Malibu Media movies on his hard drive and had used BitTorrent technology to get them. Bui tried to shift the blame to the Kickass Torrents website, but it didn't work. He also tried to distinguish the technology he used from earlier technologies found to violate copyright laws, like Grokster. That didn't sway Jonker, who wrote:

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