![\"x-art\"](\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2021\/07\/x-art.jpg\")
In recent years, adult entertainment outfit Malibu Media has often been described as a copyright-trolling operation.<\/p>\nIn recent years, adult entertainment outfit Malibu Media has often been described as a copyright-trolling operation.<\/p>\n
The company, known for its popular \u201cX-Art\u201d brand, has gone after thousands of alleged file-sharers<\/a> in U.S. courts, collecting millions of dollars in settlements. <\/p>\n Most accused pirates don\u2019t put up a fight, but occasionally one does. This includes a \u201cJohn Doe\u201d who filed a countersuit accusing Malibu Media of abuse of process, among other things.<\/p>\n If the accused pirate wins this case, he hopes to recoup tens of thousands of dollars in legal fees. However, whether Malibu is able and willing to pay this is rather uncertain, as it appears to be in trouble.<\/p>\n Up until a year or two ago, the adult content company was one of the most active copyright trolls in the United States. In recent months, however, it hasn\u2019t filed any new cases.<\/p>\n The Doe\u2019s attorney previously discovered that Malibu\u2019s corporate status had been suspended over tax deficiencies<\/a>, which is still the case today. To stay ahead of any problems, the attorney then asked if the company\u2019s CEO Colette Pelissier could be added as a defendant as well. <\/p>\n This week, \u201cJohn Doe\u201d is back in court looking for more guarantees. The accused pirate and his lawyer fear that Malibu could try to transfer assets elsewhere to avoid paying, and they request a preliminary injunction to prevent this from happening.<\/p>\n \u201cAbsent injunctive relief, Doe will suffer irreparable harm. He has incurred over $80,000.00 dollars in attorney\u2019s fees and costs defending himself. And the evidence shows Malibu and its single member, Colette Pelissier, have a history of obscuring assets and ignoring judgments,\u201d they write.<\/p>\n According to earlier testimony from Malibu\u2019s CEO, the company only serves as a \u201cpass-through\u201d asset. The subscriptions for X-art.com go directly to Brigham Field, the husband of Pelissier, who recently filed for bankruptcy. <\/p>\n In addition, John Doe\u2019s attorney also highlights the problematic legal history of the adult entertainment company and its CEO. <\/p>\n \u201cPelissier has a history of flouting court orders and rules, spurring one judge to hold her in contempt,\u201d the attorney writes, adding that \u201cMalibu and Pelissier have several other judgments against them.\u201d<\/p>\n These accusations are backed up with testimonies and references to other cases where Malibu ran into trouble. And in a separate filing this week, Malibu itself confirms that the tax issues have not yet been resolved. <\/p>\n According to the accused pirate, this is sufficient evidence to issue an injunction and temporarily freeze all assets. <\/p>\n \u201cAll in all, this evidence reveals a sizeable and imminent risk that Malibu will not pay any fee award to Doe, that Pelissier will conceal or move Malibu\u2019s assets, or both.\u201d <\/p>\n This injunction should cover all subscription fees from the x-art.com website, as well as the domain itself. In addition, Malibu should not be allowed to transfer any settlement funds it receives, nor should it transfer any copyrights to other entities. <\/p>\n At the time of writing, Malibu Media hasn\u2019t responded to this request, but the company will likely object. <\/p>\n \u2014<\/em><\/p>\n A copy of John Doe\u2019s motions for a preliminary injunction to freeze assets is available here (pdf)<\/a><\/p>\n From: TF<\/a>, for the latest news on copyright battles, piracy and more.<\/p>\nAccused Pirate Fight Back<\/h2>\n
John Doe Wants to Freeze Malibu\u2019s Assets<\/h2>\n
\u2018Flounting Court Orders\u2019<\/h2>\n
Imminent Risk<\/h2>\n