Private Awarded $500,000 in XonDemand Suit

LOS ANGELES — Private Media Group received a green light this afternoon from a federal judge to collect $500,000 from the operators of XonDemand.com.

XonDemand.com had earlier been found liable for infringing on 30 of Private's movies, with Private seeking up to $4.5 million in damages.

But U.S. Judge John Kronstadt said that after reviewing supplemental materials, Private still hadn't provided enough evidence to support the $4.5 million demand.

Private counsel recently supplied licensing agreements, including an explanation of their terms — a 50 percent revenue-share deal — to the court in their request for the multimillion-dollar award.

"Although the new submissions show that [Private] entered licensing agreements with others and the terms of such agreements, once again no admissible evidence has been provided as to the  amount of revenues generated by these agreements and how they compare to what [Private] received from [XonDemand] during the period when it was a licensee," Kronstadt said in his ruling.

"Moreover, [Private] still has not provided persuasive evidence as to what other, ancillary revenues [XonDemand] may have generated as a result of its infringing activities."

But, in the end, Kronstadt said that because XonDemand was liable for piracy of 30 titles of the more than 200 titles originally licensed, or about 15 percent of them, he would award statutory damages of $500,000, plus attorneys fees.

Kronstadt in his decision noted that he weighed the value of the infringment in terms of lost revenue as well as the societal value of the deterrent effect of a judgment in the case.

Private spokesman Jason Tucker told XBIZ that “this was not a straightforward copyright infringement case."

"This case was the byproduct of a terminated agreement so again it was not as clear cut as our other cases," he said. ""We are happy with the judgment and look forward to collecting it from XOD and personally from its president, Frank Ryan.”

The case against XonDemand began in August 2010 when Barcelona-based Private said it discovered  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 after a deal between the two companies was terminated.

XonDemand contended it never received a termination letter, all the while paying commissions to Private, and that it removed content "immediately after someone at XonDemand learned of this lawsuit."

Later, industry attorney Clyde DeWitt told the court that he had difficulties with his client, XonDemand, because the company has only paid a fraction of its attorneys fees and that he'd been having difficulty communicating with the company, specifically Ryan, XonDemand's president, who didn't return messages.

At one point, a settlement deal was in the works to transfer XonDemand.com to Private, Tucker earlier told XBIZ.

"The settlement agreement was all there, but we never got the signature," he said at the time.

XonDemand has been without representation in recent courtroom proceedings against the company, including Wednesday's hearing in Kronstadt's courtroom.

XBIZ was unable to reach Ryan by post time.

Copyright © 2025 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

Pure Taboo Debuts 'Behind the Scenes Documentary' for Latest 'Under the Bed'

Pure Taboo has released a behind-the-scenes documentary on its series “Under the Bed,” spotlighting the episode “The Growth.”

Connie Perignon Toplines David Perry's 'Sexual Desires 2'

Connie Perignon headlines director David Perry's “Sexual Desires 2” from Evil Angel.

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

Rae Sixty Nine Makes Her TransAngels Debut

Rae Sixty Nine has made her TransAngels debut opposite Adam x Lee in the studio’s latest release, titled “Cock Ride.”

Ariel Demure Toplines 'TS MILFs' From TransSensual

Reigning XMAs Trans Performer of the Year Ariel Demure headlines “TS MILFs,” the latest title from Mile High Media studio imprint TransSensual.

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Lana Wolf Returns to Immoral Productions

British star Lana Wolf stars in a new two-part scene from Immoral Productions alongside Dean Van Damme and studio honcho “Porno” Dan Leal.

Lulu Chu, Connie Perignon Star in 'Locked, Cocked & Loaded' From Brazzers

Lulu Chu and Connie Perignon star with Victor Ray in the latest release from Brazzers, titled "Locked, Cocked & Loaded."

Adriana Chechik Returns to Evil Angel With Blowbang From Jonni Darkko

Adriana Chechik has returned to Evil Angel with a blowbang from director Jonni Darkko.

Show More