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| The man denies illegally downloading pornography. |
Malibu, the parent company behind major subscription site X-Art, is the biggest filer of copyright lawsuits in the US.
In the latest case to be heard, the company reportedly asked the defendant to admit that he downloaded the content in question - or claim that someone else using his Wi-Fi must have done so.
If he claimed the latter, the company said it planned to subpoena his neighbours and spouse to establish who used the network to download the movies.
The unnamed defendant's lawyer filed a motion for a protective order to stop Malibu from carrying out further deposition on the defendant.
The lawyer wrote: "Malibu is conducting a fishing expedition and campaign of harassment by threatening to depose non-party witnesses on irrelevant topics and to continue to depose (the defendant on the) same.
"In so doing, Malibu is attempting to prevent ultimate resolution in this matter by creating the false sense that evidence of infringement or wrongdoing exists."
At a hearing this week New York federal judge Katherine Forrest sided with the defendant, saying: "At this point, this deposition appears to be harassment and at least outweighed by such considerations.
"Plaintiff may not subpoena neighbours or defendant’s significant other based on the current record.
"As to the neighbours, plaintiff would be engaged in a fishing expedition and/or harassment of defendant (by way of causing embarrassment/humiliation)."
Malibu has since claimed the defendant used "military grade" software to wipe the computer shortly before it was examined.
The case continues.
news.sky