Pink Visual Appeals DMCA Decision in Motherless Case

LOS ANGELES — Pink Visual on Wednesday filed an appeal with the 9th U.S. Circuit Court of Appeals over a federal court ruling last month that granted summary judgment to adult tube site Motherless.com.

Pink Visual sued Motherless last year after its employees found 19 copyrighted films, including 33 scenes, owned by Pink Visual's parent company, Ventura Content, on its site.

But last month U.S. District Judge Stephen Wilson ruled that Motherless' operators were entitled to the Digital Millennium Copyright Act's safe-harbor provisions as an Internet service provider.

As a result, Wilson terminated the case, granting Motherless summary judgment.

The gravamen of Pink Visual's charge in the case was that Motherless hadn't “reasonably” implemented effective procedures for dealing with DMCA-complaint notifications over poached content.

But in its defense and support of its contention that it had “reasonably” implemented their repeat-infringer policy, Motherless attorneys submitted evidence that they had terminated between 1,300 and 2,000 users for alleged copyright infringement.

Pink Visual, in response to that contention that Motherless kicked out repeat copyright thieves on an on-going basis, identified nine users — eight users who uploaded the 19 films at center of the case, as well as one other user — it alleged are infringers who should have been terminated but were not.

Wilson, however, said that "the DMCA requires only that the policy be 'reasonably'— not 'perfectly' — implemented, and thus “occasional lapses are not fatal to the service provider’s immunity.”

"Assuming plaintiff’s best case — that defendants identified, and terminated 1,300 repeat infringers  — defendants’ failure to terminate nine of these users (or less than .01 percent of recognized repeat infringers) is nothing more than an 'occasional lapse' in the implementation of its policy," Wilson ruled.

"Moreover, defendant was not required to terminate at least eight of the nine users identified," he ruled. "[A] service provider is only required to terminate a repeat infringer under 'appropriate circumstances.'"

Wilson said that although the DMCA does not clarify when it is "appropriate" for service providers to act, courts have consistently interpreted this phrase as requiring termination only when a service provider has sufficient evidence of a user’s “blatant, repeat infringement of a willful and commercial nature.”

Pink Visual, in its suit at U.S. District Court in Los Angeles, also alleged that Motherless was liable for unfair business practices because it showed disregard to federal rules that apply to the legal porn business, specifically the record-keeping law for adult producers, 18 U.S.C. § 2257(a).

Pink Visual asserted in the case that legitimate porn distributors spend enormous sums to comply with the law and the defendants don't. But Wilson in his ruling shot that offense down and declined to exercise jurisdiction over the claims.

"These allegations do not share a common nucleus of operative fact with plaintiff’s copyright claims," he ruled. "Defendants’ failure to keep records has little, if anything, to do with the copyrighted material that appeared on their system."

Officials at Pink Visual did not immediately return a message to XBIZ for comment. Motherless' operator, Joshua Lange of Staten Island, N.Y., was not able to be reached at post time.

Related:  

Copyright © 2026 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

Ofcom Fines XGroovy $986,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 700,000 pounds (about $986,000) against adult website XGroovy for failing to comply with provisions of the Online Safety Act.

Segpay Opens New Global Headquarters in Boca Raton

Segpay has selected Boca Raton for its new global headquarters.

X3 Euro All-Stars Paint Amsterdam Red in Billboard Campaign

The X3 Expo Euro All-Stars are making a splash on the vibrant streets of Amsterdam as the creator-first fan event prepares to make its debut on the continent.

Tiny Secret Games Taps Pauline Schmiechen for Growth and Partnerships Advisor

Adult game studio Tiny Secret Games has named Pauline Schmiechen as its new growth and partnerships advisor.

BranditScan Names Aerie Saunders as Community Manager

BranditScan has named Aerie Saunders as its new community manager.

'Goddess' Charlotte Sins Blesses the September Issue of X3 Magazine

Charlotte Sins graces the cover of the September issue of X3 magazine, the premier publication capturing the real personalities, passions, and stories behind top stars.

Centrobill Names Len Garcia as Chief Sales Officer

Centrobill has named Len Garcia as its new chief sales officer.

Mistrezz.AI Joins ASACP as Corporate Sponsor

The UK-based adult AI companion platform Mistrezz.AI has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Woodhull Freedom Foundation Debunks Pornography Myths in Latest Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting the latest edition of its virtual series “Fact Checked by Woodhull,” addressing myths about pornography.

Utah VPN Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Show More