K-Beech Files 13 Individual Porn BitTorrent Suits

Oct 17, 2011 5:30 PM PST

PITTSBURGH — K-Beech Video on Friday filed 13 separate porn BitTorrent suits involving defendants earlier grouped together in a similar suit in Pennsylvania.

The 13 new filings apparently are related  to the previous case in which nearly all of K-Beech's subpoenas were quashed.

Earlier this month, U.S. District Judge Berle Schiller said that 77 of 78 John Does named in a case had been improperly joined, with counsel not filing timely responses to the court.

Those Does were accused of poaching "Virgins No. 4," distributed by K-Beech unit Cherry Boxxx Pictures, and all of their alleged infringements occured in the judicial district.

The revived claims ask for copyright infringement damages of $150,000 a piece, the statutory maximum, from each of the defendants.

Eight of the 13 suits identify the alleged copyright infringers by name; seven are listed as Does, which K-Beech will ask the court's approval to determine their identities through Internet service providers.

Schiller, who will preside over the individual cases, said that the original suit was flawed and that he would draw a bright line over enjoinment.

Citing case law in the earlier mass-defendant claim, Schiller said, "Defendants may be joined if: (1) a claim is asserted against them jointly, severally, or in the alternative arising out of the same transaction or occurrence, and (2) there is a question of law or fact common to all defendants."

He also noted that "a number of courts have held that using BitTorrent to download the same copyrighted work does 'not mean that each of the defendants were engaged in the same transaction or occurrence.' ”

XBIZ calls to attorney Christopher Fiore, who represents K-Beech, went unreturned at post time.

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