MPAA Files Friend-of-the-Court Brief in Porn Piracy Case

CHICAGO — Hollywood has sided with Flava Works in the gay porn company's appeal supporting a preliminary injunction issued against MyVidster.com, which allegedly poached and streamed its content.

On Thursday, the Motion Picture Association of America (MPAA) submitted a friend-of-the-court brief, supporting Flava Works in the long-running copyright infringement case.

MyVidster, operated by Marques Rondale Gunter, is a user-generated tube site that had been fingered by Flava Works for copyright violations.

Flava Works, which has been in business since 1999, offers content featuring black and Latino talent on a number of sites, including Cocodorm.com, PapiCock.com, ThugBoy.com, CocoBoyz.com FlavaMen.com and Thugsforsex.com.

A lower court last year held that Flava Works would likely succeed on copyright violation claims that MyVidster was secondarily liable for the direct infringement. But the case went to the 7th U.S. Circuit Court of Appeals after Gunter appealed an injunction.

Through the appeal, several companies and organizations have also filed friend-of-the-court briefs in the case — in support of Gunter. Google, Facebook, the Electronic Frontier Foundation and Public Knowledge have all thrown their hats into the ring.

But the MPAA has sided with Flava Works, saying that MyVidster’s conduct in the case did not provide for safe harbors for providing digital storage space and information location tools.

"After receiving repeated notices about the infringing embedded videos on its service, MyVidster ignored the wrongful conduct instead of attempting to rid its service of bad actors," the MPAA said in the brief. "MyVidster initially refused to remove specific infringing links."

The MPAA continued in its brief that taking steps to thwart illegal conduct does not undermine technological progress or free speech. On the contrary, such steps facilitate those laudable objectives, it said.

Flava Works CEO Phillip Bleicher told XBIZ that the case is simple — "Marques Gunter used his website MyVidster.com as a vehicle to commit and contribute to massive amounts of theft."

"MyVidster is not just stealing our content, but dozens of small- and medium-sized porn companies (and individual amateurs) who may not be in a position to hire an attorney to stop sites like this from popping up," he said.

"For instance, we had a small home-based company contact us for help in writing a DMCA notice to MyVidster," he said. "They found over three dozen videos on MyVidster that belonged to this guy. When he contacted MyVidster, their response was 'MyVidster is a bookmarking site and not a video host'  — which is bullshit."

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

Australian Conservatives Raise Concerns About US-Born Online Censor

Long after progressive free speech advocates in Australia questioned E-Safety Commissioner Julie Inman Grant over her campaigns to target adult content, conservatives and libertarians are now raising concerns about the powers granted to the country’s top censor — an unelected former tech exec born in the U.S. — with some calling for her ouster.

Cupcake Girls, Aylo Partner on Educational Video Series for Performers

The Cupcake Girls and Aylo have teamed up to produce a series of educational videos focused on safety standards for adult performers.

My.Club Appoints Nicole Aniston Newest Brand Ambassador

My.Club has named Nicole Aniston its newest brand ambassador.

Elevated X Implements Age Verification Solution, Integration API

Elevated X is now offering age verification services (AVS) through an API.

MojoHost Unveils 'Star Wars Day' Promo

MojoHost will celebrate “Star Wars Day” on Saturday by offering a special discount on new purchases of dedicated servers, VPS and CDN prepay plans throughout the month of May.

2024 XBIZ Miami Show Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, the adult industry's biggest summer conference, set to take place May 13-16.

California Labor Division Rules in Nicole Doshi's Favor in Motley Contract Dispute

The Division of Labor Standards Enforcement of the California Department of Industrial Relations ruled on Monday in favor of Nicole Doshi in her contract dispute with defunct talent agency Motley Models and its former owner Dave Rock.

Video: FSC's Alison Boden Testifies Before California Assembly Committee Regarding Age Verification

Free Speech Coalition Executive Director Alison Boden testified before the California Assembly Judiciary Committee on Tuesday, in opposition to the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Princess Mindy Is LoyalFans' 'Featured Creator' for May

LoyalFans has named Princess Mindy as its Featured Creator for May.

Republicans Behind Oklahoma's New Age Verification Law Gleeful About Potential Pornhub 'Exit'

Republican Gov. Kevin Stitt has signed into law Oklahoma’s version of the age verification legislation being sponsored around the country by anti-porn religious conservative activists.

Show More