Illegal Downloads Don't Equal Lost Sales, Judge Rules

HOLLYWOOD, Calif. — A federal judge has decided that one illegal download doesn’t correspond to one lost sale.

In the criminal copyright case U.S. vs. Dove, U.S. District Judge James P. Jones ruled that when seeking restitution for files downloaded through peer-to-peer software, companies couldn’t argue that one illegally downloaded song cost them exactly one legally sold song.

This case involves the music and mainstream movie industries, but Jones’ decision has the potential to affect all industries that traffic in digital downloads, including adult. The defendant in the case, Daniel Dove, had originally been found guilty of criminal copyright infringement. Dove got busted for running a peer-to-peer network called Elite Torrents. At his original conviction, Jones sentenced Dove to 18 months in prison and a $20,000 fine ($10,000 for each of his counts of copyright infringement).

But the plantiff companies wanted more. The RIAA and Liongate Entertainment asked the judge to penalize Dove for each of the individual files trafficked on his site. All told, if Jones had agreed with the RIAA and Lionsgate, Dove would have owed them more than $22 million.

In the opinion, Jones wrote that to equate each illegal download with one lost sale is a faulty assumption.

"Those who download movies and music for free would not necessarily purchase those movies and music at the full purchase price," he wrote. "[A]lthough it is true that someone who copies a digital version of a sound recording has little incentive to purchase the recording through legitimate means, it does not necessarily follow that the downloader would have made a legitimate purchase if the recording had not been available for free."

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

'SheHerGirls' Launches Through Paysite.com

The braintrust behind PoleVixens has officially launched a new membership site, SheHerGirls, also through Paysite.com.

FTC Invites Public Comment on 'Click to Cancel' Rulemaking

The Federal Trade Commission (FTC) announced this week that it is seeking public comment on whether it should amend its Negative Option Rule to better address deceptive or unfair practices.

'PSMTickling' Launches Through Paysite.com

PSMTickling.com has officially launched through Paysite.com.

JuicyAds Marks 20-Year Anniversary

JuicyAds is celebrating its 20th anniversary.

AEBN Publishes Popular Searches for January, February

AEBN has published the top search terms for January and February from its straight and gay theaters in all 50 states and the District of Columbia.

2026 TEAs Shine Bright in Celebration and Solidarity

The industry’s trans adult performers, creators and creatives came together Sunday night at the historic Avalon nightclub in Hollywood for an evening of well-deserved celebration: the 2026 Trans Erotica Awards.

Kansas Plaintiff Drops Chaturbate AV Suit, Revamps SuperPorn Complaint

The plaintiff in a lawsuit alleging that cam platform Chaturbate violated Kansas’ age verification law has voluntarily dismissed that action, while retooling a similar complaint against adult site SuperPorn.

New Creator Networking Platform 'CollabGPS' Launches

CollabGPS, a new creator networking platform designed to facilitate safe collaboration, has officially launched.

Chaturbate Launches Yearlong 15th Anniversary Campaign

Chaturbate has launched a yearlong campaign to celebrate its 15th anniversary, titled “CB15.”

Show More