Prenda Law, as Judge Otis Wright II put it in a case
similar to this, was a “porno-trolling collective.” Ingenuity 13
LLC v. John Doe, No. 2:12-cv-8333, 2013 U.S. Dist. LEXIS
64564, at *3 (C.D. Cal. May 6, 2013). According to Judge
Wright, Duffy and the other principals of Prenda Law were
“attorneys with shattered law practices” who, “[s]eeking easy
money, ... formed . . . AF Holdings,” acquired “several
copyrights to pornographic movies,” then initiated massive
“John Doe” copyright infringement lawsuits. /d. at *5-6.
These suits took advantage of judicial discovery procedures in
order to identify persons
who
might possibly have
downloaded certain pornographic films. Such individuals,
although generally able to use the Internet anonymously, are,
like all Internet users, linked to particular Internet Protocol
(IP) addresses, a series of numbers
assigned to each Internet
service subscriber. Internet service providers like Appellants
can use IP addresses to identify these underlying subscribers,
but not necessarily the individuals actually accessing the
Internet through the subscribers’ connections at any given
time.
Confronted
with these realities, Prenda
Law’s
general
approach was to identify certain unknown persons whose IP
addresses were used to download pornographic films, sue
them in gigantic multi-defendant suits that minimized filing
fees, discover the identities of the persons to whom these IP
address were assigned by serving subpoenas on the Internet
service providers to which the addresses pertained, then
negotiate settlements with the underlying subscribers—a
“strategy [that] was highly successful because of statutorycopyright damages, the pornographic subject matter, and the
high cost of litigation.” /d. at *6—7; see also Claire Suddath,
Prenda Law,
the Porn
Copyright
Trolls, Bloomberg
Businessweek (May 30, 2013), http://www.businessweek.com
/articles/2013-05-30/prenda-law-the-porn-copyright-trolls
(recounting Prenda Law’s history and litigation tactics). If an