![\"justice\"](\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2021\/10\/justice.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 in U.S. courts, collecting millions of dollars in settlements.<\/p>\n
Not too long ago Malibu was one of the most active anti-piracy litigants<\/a> in the U.S., but in recent years this activity ground to a halt. At the time of writing, only a handful of older cases remain active. <\/p>\n These remaining cases include one where the accused file-sharer went on the offense. The \u201cJohn Doe\u201d defendant filed a long list of counterclaims against Malibu Media, accusing the company of abuse of process, among other things. <\/p>\n An amended response to Malibu\u2019s complaint, filed earlier this week, also sums up a list of defenses. Fifteen in total. These include misuse of copyright, fair use, unclean hands, and excessive damages.<\/p>\n \u201cPlaintiff does not enforce its alleged copyrights to protect the market for its works or to further the useful arts and sciences,\u201d John Doe writes, referring to the purpose of copyright as defined in the US Constitution.<\/p>\n \u201cRather, Plaintiff monetizes its alleged copyrights through coercive and needless litigation and by extracting settlements from that litigation disproportionate to the minimal value of Plaintiff\u2019s works.\u201d<\/p>\n These defenses were also part of the original response that was filed months ago. What\u2019s new, however, is that John Doe also argues that Malibu Media can\u2019t be involved in a lawsuit, as its corporate status is suspended. <\/p>\n \u201cPlaintiff lacks the capacity to sue. Specifically, Plaintiff is suspended in its state of incorporation, California. Under California law, a suspended corporation cannot maintain a lawsuit,\u201d the defense writes.<\/p>\n This suspension over tax deficiencies<\/a> came to the forefront a few months ago. In June, the court allowed Malibu to get their paperwork in order and get the suspension lifted within 30 days but, apparently, that didn\u2019t happen. <\/p>\n At the time of writing, California\u2019s Franchise Tax Board continues to list Malibu Media\u2019s status as suspended<\/a>. <\/p>\n It\u2019s not entirely clear what the issue is but Malibu\u2019s CEO Colette Pelissier is no stranger to this type of problem. One of her other companies, Colette Productions<\/a>, has been suspended in California over tax troubles since 2019. In addition, Colette Holdings<\/a> and Colette Properties<\/a> are suspended as well. <\/p>\n Previously, the John Doe defendant asked to freeze Malibu\u2019s assets<\/a>, so potential attorneys\u2019 fees would be secured in case of a win. In addition, the defendant filed a request to add Malibu\u2019s CEO to the lawsuit. Both of these requests failed. <\/p>\n With the amended answer the case will now move forward. And after spending more than two years in court, the accused file-sharer still hopes to come out of this with a victory.<\/p>\n \u2014<\/em><\/p>\n A copy of John Doe\u2019s first amended answer and counterclaims, filed at a federal court in Texas, is available here (pdf)<\/a><\/p>\n From: TF<\/a>, for the latest news on copyright battles, piracy and more.<\/p>\nJohn Doe Fights Back<\/h2>\n
Corporate Status (Still) Suspended<\/h2>\n
More Suspensions<\/h2>\n