Court: Downloading SheMales might get you more than you bargained for

300 scurvy shemale-downloading porn pirates know all there is to know about the crying game now that they found their objects of affection packing both a penis and a lawsuit.

Hard Drive Productions, Lightspeed Media Corporation, and Millennium TGA filed lawsuits in the US District Court for the Northern District of Illinois Eastern against 300 illegal downloaders of everything from tranny titles like “Shemale Yum,” “Shemale Pornstars” and “Shemales from Hell” [note: they are not actually from Hell, only confused] to content featuring straight-oriented teens like Jordan Capri and Tawnee Stone.

While torrent site BitTorrent is listed as a “possible” source of the unauthorized downloads, it was not targeted in the lawsuit, which seeks to punish the individual downloaders of the files by getting their names from Internet Service Providers like Time Warner Cable.

The American Civil Liberties Union and Public Citizen joined The Electronic Frontier Foundation in June to file a motion to quash a similar lawsuit aimed at the thousands of downloaders of movies like Oscar-winner “The Hurt Locker,” arguing that revealing the names of downloaders constituted an invasion of privacy.

But, according to technology and intellectual property attorney Evan Brown:

The court held that the defendants did not have a reasonable expectation of privacy in their subscriber information held by the internet service providers. It cited to a number of cases that supported this holding, each of which had found that a person loses his or her expectation of privacy in information when that information is disclosed to a third party. See Guest v. Leis (6th Cir.), U.S. v. Hambrick (4th Cir.), and U.S. v. Kennedy (D. Kan.).

Sometimes I feel that piracy is the best thing to happen to the porn industry because it is a wake-up call for people to work smarter, and because it has cleared out much of the dead wood (although some of the dead wood hasn’t been cleared far enough away). It has also become a common enemy and a way to distract from the porn industry’s own role in its decline.

The First Amendment is no defense for downloaders. Unlike pornographers who clung to the life preserver of Free Speech when faced with obscenity indictments, there is no room on that boat for torrentorists.

Evan Brown again:

In footnotes, the court also addressed the potential First Amendment rights that the defendants would have to engage in anonymous file sharing. It quickly dispensed with any notion that such activities were protected in this case, as the pleadings on file set forth a prima facie case of infringement. “[C]ourts have routinely held that a defendant’s First Amendment privacy interests are exceedingly small where the ‘speech’ is the alleged infringement of copyrights.”

Many of us encounter shemales where we least expect them (a good mnemonic to keep in mind when cruising for hookers is that Santa Monica—as in tranny epicenter Santa Monica Boulevard—has the same initials as She-Male), but perhaps the lesson here is to not go looking for it without paying first.

This story grew from a post on the site ExtraTorrent. Thank you!

In addition, Vivid is again going after U.S.-based sites that distribute unauthorized copies of its content:

The lawsuit was filed in the Federal Court of the Central District of California on September 10, 2010.  It claims that I.C.G. has engaged in exploiting unlicensed videos for profit through its operation of three web sites,, and

The lawsuit seeks an injunction and damages of $150,000 per copyright violation for a minimum of 10 violations.

Vivid Entertainment claims that I.C.G. owns and operates subscription-based Internet websites that make money from performing and distributing Vivid’s protected videos to its members.

“This is the first of many lawsuits we are prepared to file and we expect to prevail in all of them.  We spend millions of dollars to promote our content and we’re not going to let illegal users profit at our expense,” said Vivid Entertainment co-chairman Steven Hirsch.

Previously on Porn Valley Observed: Pink Visual sues tubes; Dorking out with your dork out; XBiz panels tackle piracy, butt piracy

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Gram Ponante is America's Beloved Porn Journalist

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