XonDemand Says Private Got Paid, Never Terminated Contract

HATBORO, Pa. — XonDemand says it never received a termination letter, all the while paying commissions to Private Media Group, in a response to a suit filed against the company.

XonDemand, according to attorney Clyde DeWitt, now seeks to have the case thrown out.

Private contends in the suit filed in August that XonDemand streamed content for more than three years after a 50 percent revenue-sharing contract was terminated in 2007 between the two companies.

The Barcelona-based company said it discovered in May that XonDemand was "committing over 30 separate instances of copyright infringement and over 1,000 separate and distinct instances of trademark infringement" by continuing to rent Private videos by the minute or flat rate.

But DeWitt told XBIZ that Private never gave notice that it was terminating its contract with XonDemand and that the Private "continued to accept payments for commissions for over a year and a half after the alleged termination."

"They claim to have terminated the relationship, but kept cashing the commission checks, which begs the question, 'Why didn’t they send the checks back?' ” DeWitt asked.

DeWitt filed a motion for summary judgment this week to have the case thrown out.

"All of the content licensed to XonDemand by Private [through its Fraserside Holdings division] was removed from the XonDemand library in July 2010, immediately after someone at XonDemand learned of this lawsuit," the motion said. "XonDemand had no knowledge of any termination notice prior to then."

Private has yet to respond to DeWitt's motion for Hatboro, Pa.-based XonDemand, but the company plans on contesting the latest response.

Jason Tucker, Private's intellectual property enforcement agent, told XBIZ he couldn't elaborate on Private's response to the court but said, "We don't file blind cases. There's more to it."

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

SWR Data Publishes 'Clip Trend' Report

Adult industry market research outfit SWR Data has published a report on the performance of clip platforms and sales.

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

FSC Details Legislative Outlook for 2026

The Free Speech Coalition (FSC) has laid out the legislative outlook for the industry in 2026.

AEBN Publishes Popular Searches by Country for December, January

AEBN has released the list of popular searches from its straight and gay theaters, by country, for December and January.

Jim Austin Joins CrakRevenue Team

Strategist Jim Austin has been hired by CrakRevenue.

Judge Dismisses NCOSE-Backed Suits Against Adult Sites Over Kansas AV Law

A federal judge on Tuesday dismissed lawsuits brought against two adult websites in Kansas for alleged violations of the state’s age verification law.

Aylo/SWOP Panel Spotlights Creators' Struggle for Digital, Financial Rights

Aylo and Sex Workers Outreach Project (SWOP) Behind Bars presented, on Tuesday, an online panel on creators’ rights, debanking and deplatforming.

AV Bulletin: Canada, Italy, Australia Updates

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Holly Randall Soft Launches 'Wet Ink' Magazine

Holly Randall has officially soft-launched the creator-focused publication Wet Ink Magazine.

Show More