Home > News > Judge Might Allow Piracy Defendant to Comb Through 2257 Records • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Judge Might Allow Piracy Defendant to Comb Through 2257 Records

Judge Might Allow Piracy Defendant to Comb Through 2257 Records
Get XBIZ News
XBIZ Research
Will virtual reality headsets like the Oculus Rift revolutionize adult entertainment?
Yes
  53.61%
No
  46.39%
Out of 97 votes. Results based on votes submitted by members of XBIZ.net social network.
XBIZ 360 - Jan. 13-16, Los Angeles
Jun 10, 2014 6:00 PM PST    Text size: 

CHICAGO — A federal judge in Chicago yesterday, making a preliminary ruling in a porn piracy case, said that a defendant may potentially be allowed to comb through X-Art.com's 2257 records in discovery in support of an "unclean hands" defense.

The unnamed defendant in Malibu Media vs. John Doe, subscriber assigned IP address 24.14.139.173, asked the court to dismiss the copyright infringement case on grounds that X-Art's parent company, Malibu Media, had unclean hands because it allegedly keeps "incomplete, deficient or fabricate records of the performers in its works."

Courts won't adjudicate a case if a judgment for a plaintiff would encourage criminal or unlawful activity, including violation of the federal record-keeping act, 18 U.S.C. § 2257, which requires anyone who produces sexually explicit content to create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.

"Doe contends that [i]f any of the sexually explicit films featuring young-looking girls at issue here ... were feloniously produced in violation of the strict record-keeping requirements of 18 U.S.C. § 2257 ... then the court should not enforce copyright monopolies for such films,' " U.S. District Judge Matthew Kennelly said.

"The court is not prepared to say that federal copyright law would permit one who has produced child pornography — which cannot be legally produced or distributed anywhere in the U.S. — or who has failed to comply with federally mandated requirements aimed to deter production of child pornography to enforce a copyright relating to such material."

As a result, Kennelly declined to strike Doe's unclean hands defense in the preliminary ruling, but he will require Doe to establish that X-Art has violated the law with respect to one or more of the particular films that are the subject of its copyright infringement claims.

Kennelly also said in the ruling that the court is unprepared to rule out the possibility that Doe can establish an "implied license defense" based on "seeding" by X-Art onto BitTorrent of the particular films upon which its claim against Doe is based.

Doe contended as a defense that the alleged "seeded" content invited others to download it. He alleges that this amounted to an implied license, precluding a claim of infringement.

Attorney Morgan Pietz, who represents Doe, said that although some other affirmative defenses were stricken in the case, the bottom line is that the decision represented "a pretty significant win" for end users involved in John Doe porn litigation.

"[X-Art] has probably created a pretty troubling precedent for the adult industry with this new decision out of the Northern District of Illinois," Pietz told XBIZ. "The broader implication is that when an adult company goes into court to sue for copyright infringement, it had better be sure its Section 2257 house is in order." 

Pietz said that aside from explaining to the court why a Section 2257 defense was different from an obscenity defense, one of the other arguments he made was that X-Art invited scrutiny by filing more than 2,000 copyright infringement lawsuits in three years time.

Kennelly set a telephone status hearing between counsel for next week.

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 !

QUICKBITE FEATURES

Move Over Mr. T: Falcon Studios Group's New A-Team

In years past, Falcon Studios and Raging Stallion Studios have selected “Men of the Year” from their stable of exclusives to represent the kind of sex appeal and talent fans expect from the... More »

ASACP is the Solution to Protecting Children Online

Founded in 1996, ASACP is a nonprofit organization dedicated to online child protection, comprised of two separate corporate entities, the Association of Sites Advocating Child Protection and the ASACP... More »

ASACP: Online CP is a Growing Problem

The Association of Sites Advocating Child Protection (ASACP) has long valued its close working relationships with global law enforcement agencies and the mutual benefit that these channels nurture. Additionally,... 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

ANME Show

Jan 12 - Jan 13
Burbank, California

XBIZ 360

Jan 13 - Jan 16
Los Angeles, CA

XBIZ Awards

Jan 15 - Jan 15
Los Angeles, CA

QWEBEC Snow Gathering

Feb 20 - Feb 23
Quebec City, Canada
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!