Judge Won't Dismiss Infringement Suit Against LeaseWeb

LOS ANGELES — A federal judge last month denied LeaseWeb's motions to dismiss Perfect 10's complaint that it should be held liable for copyright infringement.

Perfect 10 in March accused the hosting provider of being in cahoots with a number of websites that host pirated copies of its copyrighted images.

In its federal suit, Perfect 10 claims that LeaseWeb is responsible for copyright infringement because it didn't process 22 DMCA notices it sent starting in February 2013.

"The DMCA notices sent by Perfect 10 identified at least 12,220 infringing Perfect 10 images hosted on the servers of the LeaseWeb defendants," the suit said.

Perfect 10, operated by Los Angeles entrepreneur Norman Zada, listed the file-sharing sites IMGChili.net, IMGChili.com, IMGTiger.com, IMGServe.net, Poringa.net, UltraForos.com, UltraForos.net, GalleryWorld.info and MegaUpload.com, among 11 additional sites, as those that have infringed on Perfect 10 copyrighted works.

Perfect 10 noted in its suit filed at Los Angeles federal court that LeaseWeb operators have "actual knowledge of the rampant infringement that they are hosting, presumably because the LeaseWeb defendants receive lucrative hosting fees from their infringing clients."

Last month, U.S. District Judge John Walter, ruling in a motion to dismiss for lack of personal jurisdiction, concluded that Perfect 10 had made a prima facie showing that LeaseWeb's U.S. division "purposefully directed its activities toward California," which was sufficient to establish specific personal jurisdiction in the case.

LeaseWeb's parent company is based in the Netherlands but its U.S. division is incorporated in Delaware and has a server in Virginia. LeaseWeb does not have a California office.

"LeaseWeb USA provided its hosting services to at least one website operated in California, and continued to provide those hosting services to that California customer, even after it acquired actual knowledge that its California customer was allegedly infringing a California company’s copyrights," Walter wrote. "These contacts alone are sufficient to establish purposeful direction and express aiming at the forum state.

"LeaseWeb USA knew or should have known that Perfect 10 would suffer economic harm in California, when it refused to process DMCA notices reflecting a California mailing address."

Walter, denying the motion to dismiss for lack of personal jurisdiction, also said that he'd toss LeaseWeb's motion to dismiss for failure to state a claim.  "The court finds that the issues raised by LeaseWeb USA are more appropriately resolved in a motion for summary judgment."

With the motions dismissed, LeaseWeb was ordered to answer the complaint, which it had yet to do.

In answering the complaint a week later, LeaseWeb said it denied that it received the 22 notices from under the DMCA, or at least those that "conformed with the DMCA’s requirements."

The hosting company also said it denied that it has knowledge of allegedly “rampant infringement” by any of its customers. "LeaseWeb USA denies it has knowingly aided and abetted massive  alleged infringers, including MegaUpload.com," the company said.

Perfect 10 seeks maximum statutory damages of $150,000 with respect to each work infringed and a restraining order over alleged infringement against LeaseWeb.

View rulings

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

New 'PROTECT Act' Would Make North Carolina Rules for Adult Sites Federal Law

Senator Mike Lee of Utah on Thursday introduced legislation that would impose strict new federal rules on adult sites and platforms, strongly echoing similar regulations imposed last year in North Carolina.

New Creator Platform 'UpTopModels.com' Launches

Producer Trey UTM has launched the new creator platform UpTopModels.com through MyMember.site.

Segpay Names Tom John CTO

Segpay has appointed Tom John as its new Chief Technology Officer.

JustFor.fans Launches Curated 'Tom of Finland' Section

JustFor.fans (JFF) has launched a curated section based on artist Tom of Finland's work, featuring creators inspired by it.

Dutch Police Raid Servers Hosting 'Motherless' Website

A Dutch National Police Corps cybercrime team on Tuesday conducted raids on hosting companies in three cities, seizing servers owned or used by controversial adult website Motherless, as part of an investigation into possible illegal content.

MyMember.site Rolls Out 'TantumPay' Solution

MyMember.site has debuted its TantumPay payment processing solution.

StreamPayments Joins ASACP as Corporate Sponsor

Payment service provider and consultancy firm StreamPayments has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

AdultHTML Introduces Custom AI Projects Development Service

AdultHTML has introduced its customizable AI projects development service.

Eporner Must Face Copyright Suit After Judge Affirms Jurisdiction

A U.S. district court has ruled that it has jurisdiction to hear a copyright infringement lawsuit brought by adult website operators against tube site Eporner, even though Eporner is based outside the United States.

BranditScan Launches Public API, Affiliate Program

BranditScan has launched a public API and a new affiliate program enabling creator platforms to integrate the company’s anti-piracy services and earn recurring commissions.

Show More