Malibu Media Finally Paid Wrongfully Accused Six Figures…Via Collections Agency

from the gotta-collect-it-all! dept

Malibu Media. Okay, I’ll wait while your eyes finish rolling all the way. Anyway, the makers of porn under the banner of X-Art have also attempted to build a business in the far stickier industry of copyright trolling. Malibu has a long history of using potentially fake witnesses, failing to serve defendants properly, and running away from any case in which it gets pushback from the accused.

Well, one of those Malibu accused, a Mr. W.M., did in fact fight back, demanding in a countersuit evidence that he downloaded the videos as accused. When Malibu failed to produce any evidence, the court found for W.M., ordering Malibu to pay him $50k. Malibu failed to do as ordered, leading the judge to double the award to just over $100k. At the time of the previous post, the payment processor had only managed to collect half of that amount.

But now W.M. has finally gotten the justice he so richly desires, having been fully paid out per the judge’s order, but only because he essentially sent Malibu to collections.

The extra work increased the initial judgment from $48,656.73 in costs and attorneys’ fees to $108,271. After several turnover orders, the full amount was eventually recouped through payment processors Epoch and CC Bill last month.

“The undersigned attorney for the judgment creditor certifies and acknowledges full payment of both judgments, as well as all costs and interest,” collection attorney Joseph Stewart informed the court.

Malibu executive Colette Pelissier took this all quite well, by which I mean she is whining about having to pay the judgment at all, accused the defense team of “extortion” (oh, the irony), and seemed to blame the loss on Chicago for… reasons? She even wrote a letter to the court a few days before the final payments were made, asking it to rescind its order entirely. That was very much not done.

Despite this letter and the earlier critique, the turnover order wasn’t scrapped. Although Malibu refused to pay voluntarily, the payment processors used by the company restrained the funds and eventually handed them over to the defendant, effectively ending the case.

Whether Malibu’s boss still plans to fight the issue and follow up on the “extortion” and “unjust enrichment” threats is unknown. For now, however, they’ve lost this battle, and we have a feeling that it might be best to leave things here.

From TorrentFreak’s mouth to God’s ears and all that, but Malibu Media has never shown it has much sense on these matters.

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Companies: malibu media, x-art

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Comments on “Malibu Media Finally Paid Wrongfully Accused Six Figures…Via Collections Agency”

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That Anonymous Coward (profile) says:

And she sent her missive to some media hoping someone might take her side.

Given how long it took the payment processors to get enough money to satisfy the judgement I am starting to think that perhaps she was misleading the world about how successful the porn is vs the shakedown game.

She seems to think that the Judge is one of her ‘actors’ that she can just command to do things…

All she had to do was produce their evidence… its almost like there was no evidence.
I mean its not like their lawyer quit in the middle of this fustercluck… oh wait that happened.

One wonders if the court should nudge the bar to ask why the lawyer filed the case and never had possession of the alleged evidence to make sure the case wasn’t just the cocaine fueled fantasies of an unstable ‘porn’ starlet/CEO.

Anonymous Coward says:

What Tim didn’t mention from the Torrentfreak article is that Colette has apparently sued multiple media outlets on top of the judge and defense team, and apparently promised more things to come – like she typically does each time after eating a courtroom loss, desperately hoping enough simps will be enticed into paying for her smut.

It’s certainly very reminiscent of Steele and Hansmeier loudly declaring that Judge Otis Wright was “no friend of copyright”, and with a bit of luck, we might be looking at jail sentences soon. Had it not been for the payment processor playing ball Colette would’ve been looking at the inside of a jail cell.

That Anonymous Coward (profile) says:

Re: Re:

IIRC they did try to file a complaint about Judge Wright.

Hans sued Bill Barr from behind bars.

Pretenda much preferred to sue people who they thought would be scared of them…
I honestly think they might have peed a little when they found out my response to the 3 lolsuits was…
Wait they want me on the stand in a courtroom under oath to recite & support all of the things we’ve exposed to a Judge?
Are they stupid?

Anonymous Coward says:

Re: Re: Re:

Malibu Media, in their words, is “not Prenda”. The downside (well, downside for them) is that they think it somehow insulates them from the consequences that Prenda faced. The one thing Prenda did right was not doubling down against members of the legal system who were obviously annoyed with them, and doing all they could to run like hell whenever they might be held accountable. Colette’s strategy seems to be treating the leaky hole in their strategy with dynamite and praying that everyone else also goes down with the ship alongside the captain… while everyone else is standing on a far sturdier vessel, several leagues away, wondering what the hell is going on.

That Anonymous Coward (profile) says:

Re: Re: Re:2

blinks slowly
You might want to check that history.

Pretenda DEMANDED people in the court room had to be identified b/c they knew we had people there watching.

Pretenda claimed that I HAD to be one of the many lawyers they were facing in court & wanted sanctions based on that.

Pretenda claimed all sorts of insane shit about the lawyers they were up against upto and including accusing me of identity theft.

Pretenda thought they were smarter than everyone else & no kids from the internet would ever stop them.

The not Pretenda claims date back to when Lippy was their lawyer & was desperate to prove they actually had real cases & evidence as the Scooby Gang was tearing apart every filing & every claim made in them.

Then Lippy ran off, may or may not have taken a big bag of cash, and then Collette decided they best plan was to show up in court and scream & cry how the court was out to get them… when she decided she wanted to show up.

I mean if your company could pay to charter a jet to shoot porn in an exotic locale with banks that are notorious for hiding peoples assets wouldn’t you fly with a big ole bag of cash to hide for a rainy day?

That Anonymous Coward (profile) says:


Well cause we know they aren’t paying for filming permits required to film in Malibu…

And its not like they’ve been filming in exotic locales where they don’t have to worry about those pesky laws to keep the actors from contracting an STI or worse… oh wait they did that.

Its not like the number of films in the “stolen” torrent files kept going up so they could claim higher damages to scare settlements… oh wait

Well they certainly weren’t the source of the films ending up on TPB and other sites, I mean several times the films were on torrents before they even were released on the website so its not like a customer could have dled them and uploaded them… oh er ummm

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