Home > News > Pink Visual, Motherless Argue Infringement Case in Front of 9th Circuit • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Pink Visual, Motherless Argue Infringement Case in Front of 9th Circuit

Pink Visual, Motherless Argue Infringement Case in Front of 9th Circuit
Get XBIZ News
Oct 19, 2015 1:50 PM PDT    Text size: 

PASADENA, Calif. — The 9th U.S. Circuit Court of Appeals today heard Pink Visual’s appeal over a federal court ruling made in 2013 that granted summary judgment to adult tube site Motherless.com in an infringement case.

Adult studio Pink Visual sued Motherless in 2012 after its employees found 19 copyrighted films, including 33 scenes, owned by Pink Visual's parent company, Ventura Content, on the tube site.

But the case was dismissed on summary judgment after U.S. District Judge Stephen Wilson in Los Angeles ruled that Motherless' operators were entitled to the Digital Millennium Copyright Act's safe-harbor provisions as an Internet service provider.

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

On Monday, 9th Circuit Judges Jacqueline Nguyen, Johnnie Rawlinson and Andrew Kleinfeld listened to arguments in the case made by Pink Visual appellate counsel Peter Afrasiabi and Motherless appellate counsel David Richman.

Motherless, one of the largest adult tube sites on the web, has grown into a behemoth with 750,000 members and about 12 million tube site entries since it became established in 2008.

In describing Motherless’ operation, Afrasiabi told the court that the tube site and its owner, Joshua Lange, run it with “zero license deals” from adult filmmakers and that “their business is infringement and the monetization [of poached content].”

“Ninety percent [of the scenes and full-length features on the site] are infringement,” Afrasiabi said.

But in its defense and support of its contention that it had “reasonably” implemented its repeat-infringer policy, Richman noted that all take down notices were complied with — but only if DMCA notices were properly submitted and included each and every aspect required for such.

Richman noted that Motherless has terminated between 1,300 and 2,000 users for various reasons, including alleged copyright infringement.

Pink Visual identified nine Motherless 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.

In its decision whether to allow the case to be heard in front of a jury at district court, the 9th Circuit will focus on whether the lower court abused its discretion in making a summary judgment ruling in the infringement case.

Wilson, the district court judge, earlier ruled 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.”

To view today's hearing, click here.

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 !

BUSINESS ANALYSIS

Adult Biz Faces More Obstacles Past Prop. 60 Battle

On Feb. 1, I completed 365 days as the Free Speech Coalition’s executive director. It was a turbulent first year, and when I received the 2017 XBIZ Industry Leadership Award I was startled, humbled... More »

Ad Networks: A Look at Compliance Issues

Among the major concerns of online marketers when evaluating advertising creatives are the return on investment, click-through and engagement rates, (re)targeting and opportunities for micro-tuning monetization.... More »

Ad Networks: Maximizing Precious Time and Resources

For traffic-savvy adult website operators and marketers, buying ad space and premium placement on select sites is a proven method for attracting audiences. This has traditionally involved studying a site’s... 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 Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.

UPCOMING EVENTS

EXXXOTICA Denver

Mar 31 - Apr 02
Denver, CO.

Eurowebtainment 2017

May 17 - May 20
Majorca, Spain

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida
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!