Negligence Claims Dismissed in Porn Piracy Case

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.

View dismissal order

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

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with Joe Cohn, a strong advocate for the adult industry’s rights who is running for Congress in November.

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

FSC to Host Webinar on Derisking and the Adult Industry

The Free Speech Coalition (FSC) is hosting a webinar on derisking, titled "Derisking: Examining Its Impact on the Adult Industry's Access to Banking," on April 24 at 11 a.m. (PDT).

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified Tuesday against AB 3080, California’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Phoenix Marie Sues Aylo, Danny D Over Incident on Digital Playground Set

Phoenix Marie has filed a lawsuit against Aylo, performer/producer Danny D and other defendants, alleging she has suffered defamation and damage to her career over a 2023 incident on a Digital Playground set in Spain.

New Premium Creator Platform 'Lemon Social' Launches

Premium creator platform Lemon Social has debuted.

Atlanta Authorities Renew Attack on Adult Boutique Tokyo Valentino

The saga of beleaguered Georgia adult boutique Tokyo Valentino continues with a renewed attempt by authorities to shut down another of its locations.

MomPOV Producer Pleads Guilty in GirlsDoPorn Case

MomPOV producer Doug Wiederhold, who was formerly the partner of GirlsDoPorn owner Michael Pratt as well as the first male talent for GDP, pleaded guilty Thursday to a federal conspiracy charge.

Show More