If you’ve received a notice from your Internet Service Provider (ISP) or been named in a lawsuit involving Malibu Media, LLC, you’re not alone. Over the past decade, Malibu Media has filed thousands of copyright infringement lawsuits against individual internet users across the United States. But what exactly is a Malibu Media case, and what should you do if you’re involved in one?
This blog breaks down what Malibu Media is, how its lawsuits work, why they’ve become so controversial, and what options you have if you find yourself targeted.
What We’ll Cover:
- Who is Malibu Media?
- How do Malibu Media lawsuits work?
- Are these cases legitimate?
- What happens if I ignore the lawsuit?
- What are my defenses?
- How do I settle?
- Key takeaways
- Legal representation
Who Is Malibu Media?
Malibu Media, LLC is a California-based adult film production company best known for its high-end erotica website, X-Art.com. Brigham Field and Colette Pelissier founded the company and quickly became known for both its artistic approach to adult content and its aggressive legal tactics.
This company is often referred to as a “copyright troll”—a company that generates revenue not primarily by selling content, but by suing people for allegedly downloading that content without permission.
Since around 2012, Malibu Media has filed lawsuits in federal courts nationwide, targeting “John Doe” defendants identified only by their IP addresses.
How Do Malibu Media Lawsuits Work?
A Malibu Media lawsuit generally follows this pattern:
1) Monitoring File Sharing Networks
Malibu Media uses digital forensic investigators to monitor peer-to-peer file-sharing networks (like BitTorrent). If a user downloads and shares Malibu Media’s content via one of these networks, their IP address may be captured.
2) Filing a Lawsuit Against a “John Doe”
Once Malibu Media compiles a list of IP addresses it believes are infringing, it files lawsuits in federal court against John Doe defendants, because the actual identities of users are unknown at that point.
3) Requesting a Subpoena
The company then asks the court for permission to issue a subpoena to the relevant ISP (such as Comcast or Verizon) to uncover the name and address of the person associated with the IP address.
4) Notifying the Defendant
Once the ISP is compelled to hand over your information, you may receive a notice from your ISP or even be personally named in the lawsuit. Around this time, Malibu Media or its legal team may contact you with a settlement demand, usually ranging from a few thousand to several thousand dollars.
What Are They Alleging?
In most Malibu Media cases, the defendant is accused of copyright infringement for illegally downloading and sharing adult films produced by the company using a BitTorrent client.
Their lawsuits typically include:
- A claim that the IP address associated with your internet service was involved in downloading or uploading specific copyrighted content
- A list of specific movie titles allegedly infringed
- Screenshots or forensic reports showing the dates and times of alleged activity
The lawsuits are civil, not criminal, but they can result in significant monetary damages if a judgment is entered against you.
Are These Cases Legitimate?
Yes—Malibu Media owns the rights to its films, and copyright infringement is a real legal issue. However, these cases have sparked widespread criticism for several reasons:
❌ IP Address ≠ Individual
An IP address does not identify a specific person. Multiple people in a household (or even nearby neighbors using unsecured Wi-Fi) may use the same internet connection. Courts have increasingly questioned the practice of suing people based solely on IP data.
💰 Settlement Tactics
Critics argue that Malibu Media’s primary goal is to pressure defendants into paying settlements rather than pursuing actual infringement claims. Many people settle simply to avoid public embarrassment or costly legal battles, even if they didn’t commit the infringement.
🧑⚖️ Judicial Pushback
Some judges have criticized Malibu Media’s litigation tactics. In certain instances, judges have dismissed lawsuits due to a lack of evidence or questioned the company’s motives, calling them “extortion-like.”
Do You Need Legal Representation Against Malibu Media?
What Happens If I Ignore the Lawsuit?
Ignoring a Malibu Media lawsuit is not a good idea. If you don’t respond:
- You risk a default judgment—Malibu Media could win the suit automatically.
- You could be ordered to pay thousands of dollars in damages.
- You lose the opportunity to defend yourself or settle on favorable terms.
Even if you think you’ve done nothing wrong, you should take the lawsuit seriously and consult with an attorney. Call (774) 234-1256, email us at info@mcinnesiplaw.com, or message us on our LinkedIn Company Page to get in touch.
What Are My Defenses?
Every case is unique, but some possible defenses include:
- You didn’t download the content (another user, neighbor, guest, etc., could be responsible)
- The IP address was misidentified
- You did not know the download
- The evidence is insufficient or unreliable
- Your Wi-Fi was unsecured or hacked
A lawyer can help determine whether these defenses apply and whether it’s worth contesting the claim or pursuing a dismissal.
Can I Settle the Lawsuit?
Yes. In fact, Malibu Media often initiates contact with the goal of negotiating a settlement before going to trial. The benefits of settling may include:
- Avoiding being publicly named in court documents
- Keeping the matter confidential
- Limiting legal costs
- Avoiding prolonged litigation
However, it’s important to negotiate carefully. You should never agree to a settlement without understanding the terms and potential consequences. A copyright attorney can help you:
- Evaluate whether the claim has merit
- Negotiate a lower settlement amount
- Protect your anonymity (e.g., John Doe settlement)
- Ensure the release agreement is legally sound
Key Takeaways
If you’ve been contacted about a Malibu Media lawsuit, here are some steps to take:
- Don’t panic. These cases are common, and many are resolved without going to trial.
- Don’t ignore it. Failure to respond can lead to a default judgment.
- Don’t speak to Malibu Media’s attorneys on your own. Anything you say can be used against you.
- Consult a copyright attorney. Preferably someone who has handled Malibu Media or similar BitTorrent defense cases.
- Act quickly. There are often deadlines for responding or quashing subpoenas.
How McInnes IP Law Can Help
At McInnes IP Law, we have experience helping individuals navigate Malibu Media and other copyright trolling lawsuits. We can help:
- Keep your identity anonymous
- Fight baseless claims
- Negotiate a confidential settlement
- Protect your legal rights and reputation
If you’ve received a subpoena or court notice related to Malibu Media, reach out today for a confidential consultation.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is different. For specific guidance, consult an attorney experienced in copyright law.