Websites, Affiliate Program, Processors Named in CP Suit
The suit also targets SickBucks.com, which operates KinkyGFS.com, and processor Jettis and its 365Billing.com unit, as well as NetBilling, calling the companies as "revenue program defendants" so that the plaintiff can seek complete injunctive relief. It also names Moniker Privacy Services and Whois Privacy Protection.
The plaintiff, named a Jane Doe in the suit because she was 15 at the time she was photographed in numerous sexual poses, claims the commercial adult websites republished the photos after they were widely trafficked on online message board 4chan.org.
"It is clear the defendant websites published the images of Doe without so much as taking the time to obtain or inspect the 18 U.S.C. § 2257 records, and had they done so photographs of Doe as a minor in actual sexually explicit conduct would not have been published for profit on their commercial websites," the suit said.
The suit, filed at U.S. District Court in Orlando, also names Nathaniel Fry, who allegedly was involved in shooting the sexually explicit photos.
According to the suit, Doe met Fry on MySpace.com and communicated through AOL Instant Messenger with him. She later traveled from her home in Seminole County, Fla., to his home to Sacramento, where the alleged photos were shot.
Fry, who was 18 at the time, took the photos of Doe performing oral sex on him. Prior to the sex act, Fry wrote the date "4/1/07" on his hand, which was later seen in the photographs.
"Plaintiff took a nap and awakened to find that Fry had uploaded the photos to [a] section on 4chan.org and that was, at the time, laughing and exchanging comments," the suit said.
Later, Doe's co-workers viewed the photos on numerous websites. They told Doe that they saw her in poses on SeeMyGF.com, which subsequently removed the photographs.
But the photographs made their way to other sites, including the two defendant websites named in the suit. She filed her claim against the defendants on Friday in Orlando.
The suit seeks an injunction against posting Doe's material, as well as damages for pain and suffering and attorneys fees.
XRatedJ from SickBucks.com told XBIZ that his company has read the complaint that was served to them.
"The revenue program defendants are not accused of wrongdoing, nevertheless they are included as defendants in this action so that Doe may seek complete injunctive relief," he said. "KinkyGFS is 100-percent 2257 compliant."