Home > News > Negligence Claims Dismissed in Porn Piracy Case • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Negligence Claims Dismissed in Porn Piracy Case

Negligence Claims Dismissed in Porn Piracy Case
Get XBIZ News
Jul 14, 2012 9:00 AM PDT    Text size: 

NEW YORK — Corbin Fisher's high-profile suit against a pair of roommates sued for allegedly trading porn online was dismissed this week.

In the original suit filed at U.S. District Court in New York, Corbin Fisher charged that defendants Cary Tabora and Schulyer Whetstone, both roommates and named in another now-dismissed porn BitTorrent piracy suit involving some 840 infringements, were responsible for infringement for poaching and trading "Corbin Fisher's Down on the Farm" through a BitTorrent network, or at least one of them is.

Corbin Fisher, in its complaint, said that Tabora spoke with its attorneys and admitted that it was Whetstone who was the party who illegally and distributed the movie.

"In fact, Tabora stated emphatically, 'I was negligent' in allowing Whetstone to use his [Wi-Fi] Internet connection to illegally pirate content, and that he was aware that it would eventually cause legal problems for him," the suit said.

But U.S. District Judge Lewis Kaplan said that Corbin Fisher's state law negligence claim was preempted by federal copyright law and can't be brought. Kaplan pointed to Section 301 of the Copyright Act, which allows preemption with respect to other laws.

Other claims were dismissed because the title of the film in the complaint, "Corbin Fisher's Down on the Farm," didn't match the title in the copyright registration, "Corbin Fisher Amateur College Men Down on the Farm."

But Kaplan did allow Corbin Fisher the opportunity to amend direct and contributory infringement claims no later than July 25.

The case gained notoriety after the Electronic Frontier Foundation took sides, filing a friend-of-the-court brief for the defendants.

EFF postulated that if Corbin Fisher was successful in the case, Wi-Fi providers could be held responsible for users' behavior and public access to the Internet would be sharply reduced because of liability fears.

Corbin Fisher, however, said at the time that the EFF is trying to "re-frame" the case as a wholesale opposition to Wi-Fi copyright negligence claims in commercial environments.

Mitch Stoltz, a staff attorney at the EFF who worked on the amicus brief, told XBIZ "the EFF is very happy with this result," noting that the judge signaled that Corbin Fisher "is likely to lose the copyright claim against Cary Tabora if it re-files the case, because simply providing an Internet connection for a housemate isn't enough to make Tabora liable for the housemate's illegal downloading, even if he knew about it."

Corbin Fisher counsel Marc Randazza did not respond to queries whether he would retry the case as regards to the copyright claims.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

PROFILES & BIOS

Grand Slam Media CEO Luke Hazlewood Hits It Out of the Park

Grand Slam Media Inc. CEO Luke Hazlewood’s view of the advertising business is one that seems to have solid roots. He says that in an ever-changing marketplace it is a better protocol to lead rather... More »

2017 XBIZ Webstar of the Year Harriet Sugarcookie Dares to Evolve

Start with a heaping helping of charming personality, sprinkle a dash of delightful quirky antics, then lather the final product with a whopping dollop of sensual sweetness… and what do you get?... More »

2017 XBIZ Trans Performer of the Year Reigns Supreme

It’s easy to see Aubrey Kate now — the modelesque, blonde bombshell — and dismiss her recent awards in the erotic arts as inevitable. It’s easy to say that she was simply born with... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.

UPCOMING EVENTS

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida

XShow 18+ 2017

Jun 01 - Jun 03
Moscow, Russia

Cam Summit

Jun 02 - Jun 04
Lloret de Mar, Spain
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!