The lawsuit against the self-proclaimed “Pinterest of Porn” spells out damages that potentially range into the tens of millions and is just one of scores of claims waged in recent months by the Cyprus-based network of erotic sites that offer nude and explicit sex through fine-art videography.
The case slices to the core of any DMCA safe harbor defense in that Sex.com does not honor a repeat-infringer policy, MetArt contends in the complaint filed at Miami federal court this week.
“Sex.com has allowed users to upload content with no reasonable policy to stop them from exploiting unlicensed work repeatedly,” said Jason Tucker, MetArt Network spokesman and managing director of the industry leading intellectual property management firm Battleship Stance.
“The MetArt Network has sent over 3,000 cease-and-desist and DMCA takedown notices to Sex.com between March and June,” Tucker told XBIZ.
Among a litany of claims in the suit, MetArt contends that when Sex.com’s operators were asked to remove content that violated copyrights and specifically contained MetArt trademarks, they changed the links to remove the trademarks but left the content up, continuing to violate MetArt’s copyrights.
Additionally, Sex.com operators are said to have put its own logo and link so that anyone who found it shared on another site it could always find their way back to Sex.com.
MetArt further noted that Sex.com operators allegedly promote the content of others on their Twitter feed and use the content they do not own as a bait-and-switch to get users to join their premium membership section.
As an example, Tucker said MetArt sent 850 DMCA notices for one user alone who posted about 850 separate pieces of MetArt.com and its sister sites artwork that was on Sex.com. That user allegedly was not terminated and is one of several examples in the complaint.
“MetArt feels that it has no other choice but to seek legal remedies to get Sex.com to stop trading off of their trade names and works without any benefit to MetArt, the rightful owner,” he said. “We are happy that people like MetArt’s hard work — it is the best erotic content online, but that does not mean it should all be available free.”
Named in the suit are the companies that purportedly own Sex.com — Maximum Apps Inc. and Clover Holdings Ltd. Partnership, both from Montreal — as well as the site’s director of content. XBIZ was unable to immediately reach the defendants.
The suit seeks damages, attorneys fees and transfer of the domain Sex.com to MetArt.
In addition to the lawsuit against Sex.com, MetArt has filed numerous other infringement claims against the operators of Sun Social Media, AdultPornVideoxx.com, JoJoBaa.net, Motherless.com, KPorno.com, Pornias.com, LikePorno.com, SpankBang.com, Porn69.biz, Porn69.org, PornHub88.com, Sex88.org, PornoWow.com, Tubenn.com, Wixvi.so, Wixvi.com, HDPorn1080.com, HDPorn1080.net, SexTVx.com, SexSeeVideo.net and PornVideoXO.com.
The lawsuits have been filed at federal courts in Miami, Phoenix, Seattle and Los Angeles.
MetArt’s membership websites include MetArt. com, SexArt.com, Errotica-Archives.com, EroticBeauty.com, TheLifeErotic.com, RylskyArt.com, MichealNinn.com, ALSScan.com, VivThomas.com, EternalDesire.com, Stunning18.com, HollyRandall.com, Domai.com, GoddessNudes.com, MagikSex.com and BBFilms.com.