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 © 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

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

NYC Adult Stores Lose Challenge to Zoning Law, May Face Relocation

The U.S. Court of Appeals for the 2nd Circuit on Tuesday upheld a lower court’s decision to allow enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

Ukrainian President Responds to Porn Legalization Petition

President Volodymyr Zelensky responded Tuesday to an OnlyFans model’s petition to decriminalize pornography in Ukraine, stating that he would wait for the legislative process to play out “in accordance with established procedure.”

Only Tax Deductions Joins Pineapple Support as Sponsor

Adult industry accounting firm Only Tax Deductions has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Adult Empire Launches 'Conversations' Podcast Series

Adult Empire has launched a new official podcast series hosted by Nicole Chappelle and Charlie.

Sex Work CEO Launches 'Teams Plan' for AI Assistant

Sex Work CEO has introduced the new Teams Plan for its AI-powered, NSFW text generator, GPTease.

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

Show More