Jules Jordan's $2.6M Verdict Appealed for 2nd Time

SAN FRANCISCO — Canadian distributor Kaytel has filed court papers with the 9th U.S. Circuit Court of Appeals to pare a $2.6 million copyright infringement verdict in favor of Jules Jordan Video and Jules Jordan.

It is the second time that Kaytel, along with owner Alain Elmaleh and Leisure Time Canada subsidiary, has appealed the verdict to the 9th Circuit on various issues.

A federal judge in June gave the green light for Jules Jordan Video to collect after the 9th Circuit went along with the jury's verdict in the case.

U.S. Judge James Otero, in moving the verdict along, said that defendants had run out of motions for a new trial or to amend the outcome.

The case stems from a jury verdict in 2007 that determined the defendants pirated 31 Evil Angel movies and 13 movies from Jules Jordan, when he was a member of the Evil Angel directing roster. Evil Angel separately was awarded $11.2 million.

Jordan also claimed the defendants violated his right of publicity. The court rejected Kaytel defendants claim that Jordan’s right of publicity claim was preempted by copyright law. The court also ruled that neither Jordan or Jules Jordan Video had standing to assert copyright claims.

The 9th Circuit disagreed, concluding that Jordan’s right of publicity claim is preempted by the Copyright Act and that Jordan and Jules Jordan Video had standing to assert the copyright claims in question.

Evil Angel and Jules Jordan uncovered the piracy ring after East Coast distributors reported knock-off copies of Evil Angel DVDs.

In the latest appeal to the 9th Circuit, Kaytel is asking whether the lower court erred in failing to determine whether Jordan was the author of the films at question.

It also asks whether separate awards of damages against each of the defendants is appropriate, or are plaintiffs entitled to a single award against the defendants jointly.

Further, with the separate awards, the defendants ask whether the award of $200,000 per work as statutory damages for copyright infringement violate the maximum set forth of the copyright act.

The defendants claim in the appeal that Elmaleh had been "near alter ego" with the two companies — Kaytel and Leisure Time — and that the damages against three entities should form the basis of only one award. Copyright awards generally amount to $150,000 per work.

The 9th Circuit, which received papers for the second appeal on Monday, has not decided whether it will take the case.

Related:  

Copyright © 2024 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

MYLF Drops New Feature 'The House Bunny' for VIP Members

MYLF has released the full version of its latest feature, "The House Bunny," starring April MYLF of the Month Bunny Madison, exclusively for its VIP subscribers.

Baby Gemini Stars in Latest Release From Ricky's Room

Baby Gemini stars with Damion Dayski in "One Ticket to Pound Town," from Ricky's Room.

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

Molly Little Headlines 1st Installment of Seth Gamble's 'Luminati'

LucidFlix has released the debut installment of "Luminati," the new cinemacore directing collaboration between reigning XBIZ Performer of the Year Seth Gamble and Siren Obscura, starring Molly Little.

Emma Rose Stars in 'Shifting Gears' From TransAngels

Reigning and two-time XBIZ Trans Performer of the Year Emma Rose stars with Tony Genius in "Shifting Gears," from TransAngels.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Bella Rolland Toplines 'The Sex Impulse' From Sweet Sinner

Bella Rolland headlines "The Sex Impulse," the latest release from Mile High Media studio brand Sweet Sinner.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to stream content from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

Show More