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

Dreamcam Rolls Out Web-Based Passthrough VR

Dreamcam has introduced web-based passthrough VR functionality to its streaming platform.

2026 TEAs Nominees Announced

Nominees for the 2026 Trans Erotica Awards (TEAs), presented by Clips4Sale, have been announced. The ceremony will return to the Avalon in Hollywood on Sunday, March 8.

Lauren Phillips, Derek Kage Cap AEBN's Top 100 Stars of 2025

AEBN has revealed its top 100-selling stars of 2025 in both gay and straight theaters.

Former IEAU Officer Sentenced to 4 Months

Amanda Gullesserian, who performed in the industry under the name Phyllisha Anne and founded the now-defunct International Entertainment Adult Union (IEAU), has been sentenced to four months’ imprisonment for making a false statement in an IEAU federal financial report.

2026 XBIZ LA Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for the XBIZ 2026 conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Needemand Joins ASACP as Corporate Sponsor

French startup company Needemand has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Utah State Legislator Proposes New 'Porn Tax'

A Utah state senator introduced a bill on Monday that would impose a 7% tax on the gross receipts of adult websites doing business in that state, plus require adult sites to pay an annual $500 fee.

Carlotta Champagne is LoyalFans' 'Featured Creator' for January

LoyalFans has named Carlotta Champagne as its Featured Creator for January.

Pineapple Support Relaunches Site

Pineapple Support has updated and relaunched its website.

Arcom-Targeted Sites Implement Age Verification in France

Five high-traffic adult websites based outside of France have implemented age verification as required under the nation’s Security and Regulation of the Digital Space (SREN) law, after receiving warnings from French media regulator Arcom.

Show More