Porno for Pirates

Star Trek meets anti–Star Trek in California District Court, as a science fiction-loving judge demolishes a gang of copyright trolls.


As someone who made a certain amount of my reputation by using the Star Trek universe to illustrate the dangers of strong intellectual property law, I feel obligated to comment on the recent court decision against the entity commonly referred to as Prenda Law. The case combines copyright battles, Star Trek, and pornography — if I can slip in a picture of a cute animal, I may be able to construct the Platonic ideal of a popular Internet post.

The case, decided in the District Court for the Central District of California, concerns a group of lawyers engaged in a particularly egregious form of copyright trolling. Their strategy was to file a large number of lawsuits accusing individuals of illegally downloading a single porn video, the copyright for which was apparently assigned to one of the lawyers’ groundskeeper on the basis of a forged signature. The basis for these lawsuits was quite flimsy, but the firm had no real intention of winning the lawsuits in court. Instead, they would offer to settle — and as the court decision notes, the offer was “for a sum calculated to be just below the cost of a bare-bones defense.” This, combined with the embarrassment of being publicly linked with downloading porn, was apparently enough to extort money from a significant number of people.

The tangled organizational web woven by the trolls is shown in the image below, taken from the court decision. It won’t shock anyone who followed This American Life’s story about patent-trolling front companies. In this case, though, the strategy of obfuscation ultimately contributed to Prenda’s undoing, as the judge concluded that its only purpose was to “shield the Principals from potential liability and to give an appearance of legitimacy.”

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