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

Girthmasterr Plays Ball in Latest Brazzers Release

Studio exclusive Girthmasterr stars with Elly Clutch and Kira Noir in the latest release from Brazzers, "Cumming Time: The Rise of Girthmasterr."

Hazel Grace, Amari Anne Lead Thanksgiving-Themed Release From West Coast Productions

Hazel Grace and Amari Anne star with Kaby Snow in a Thanksgiving-themed release from West Coast Productions (WCP), titled “The Main Dish.”

Kylie Rocket, Beca Barbie Star in New Elegant Angel Release

Kylie Rocket and Beca Barbie star in a scene from Elegant Angel, titled “Pilgrim Pleasure.”

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts PornHub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Lily Phillips Returns to Vixen

Lily Phillips stars with Marco Bull in the latest scene from Vixen.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) announced today that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.The announcement follows:

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Teasy Agency Launches Marketing Firm

Teasy Agency has officially launched Teasy Marketing firm.

Kasey Kei Fronts 'Transsexual Hitchhikers 5' From GenderX

Kasey Kei stars alongside reigning XMAs Gay Performer of the Year Derek Kage in the fifth volume of GenderX Films' "Transsexual Hitchhikers," directed by Jim Powers.

Show More