More Operators Named to Suit Over Underage Images
While a number of adult companies have been dropped from the case, scores have been added. The only defendant that remains from the original suit is Nathaniel Fry, who allegedly took the photos of the woman who was 15 at the time and is named as a Jane Doe in the suit.
Just added to the suit, according to documents obtained by XBIZ, are the following operators: Andrej Mraz, who operates ExposedExGFS.com, and P. Wawer, who operates CreamMyGirlfriend.com, as well as accompanying sites CumonGF.com, OnlyGF.com, DivineYoungTeens.com, TightAssGF.com, ExGFPussy.com, ExGirlfriendZ.com, SmuttyGirlfriends.com, YEXGFSPics.com and ExGFPleasure.com.
Others added include Emanuel Comsa, who operates GirlGaze.com and CremzInc.com, and the unknown operators of TenderGFS.com, FuckableGFS.com and BoobyTwister.com. Wired Web Entertainment of Phoenix, which operates BlowJobGF.com, also was added.
All of the new plaintiffs were discovered to have posted the images in June and July, two months after the original suit was filed at U.S. District Court in Orlando.
"It is unknown how the website defendants came to possess the photos," an amended complaint reads.
In the suit, Doe's counsel said the websites just named to the suit have a commonality.
"They seek out photographs of children or women who appear to be children, who are either nude, in various lascivious poses, or displaying their genitals in a lascivious manner, and/or photographs of underage models engaged in actual sexually explicit conduct," the suit said.
"As a matter of pattern and practice, they neither seek nor maintain the records required by 18 U.S.C. § 2257, nor do they seek the models’ permission to commercially use their likenesses."
The Jane Doe plaintiff claims the commercial adult websites republished the photos after they were widely trafficked on online message board 4chan.org and well after the original suit was filed.
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 two defendant websites that were later dropped from the suit. Also dropped from the suit were a number of online processors and revenue programs.
Later, other sites apparently picked up and posted the photos, despite the ongoing case in Orlando.
Attorney Marc Randazza, who represents Doe, said the suspected the images in question have been circulating on the Internet for some time.
"We have been trying to wipe them off the Internet altogether, but it is a game of whack a mole at this point," he told XBIZ. "Why on Earth these companies felt that it was justifiable or intelligent to publish 2257 content without so much as looking at model releases or 2257 records is beyond me.
"Wherever these sites are getting the images, it seems clear to me that someone, somewhere, is either actively trying to circulate them, or that there are just some companies out there that are not doing their 2257 homework."
Randazza said that rogue websites are more likely to elude the 2257 process, and the advantage is an economic one.
"Doing that costs time and money," he said. "So, the players in the industry who spend the time and money to do things right — well, they won't find themselves on the ass end of a civil child pornography suit, will they?"
The suit seeks an injunction against posting Doe's material, as well as damages for pain and suffering and attorneys fees.
XBIZ will add additional details and commentary to this story as it becomes available.