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ServiPorno’s Operator Served With Infringement Suit

ServiPorno’s Operator Served With Infringement Suit
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Oct 23, 2015 12:17 PM PDT    Text size: 

LAS VEGAS — The operator of a suite of adult tube sites who allegedly bragged and brazenly admitted on GFY.com that he stole other companies’ content to line his own pockets has been sued over copyright infringement charges at Las Vegas federal court.

Borjan Urrestarazu and his flagship adult tube site, ServiPorno.com, were sued in late August by AMA Multimedia LLC, the operator of Passion-HD.com and PornPros.com, after Urrestarazu started a thread to advertise his services in a December 2012 thread titled, “Cumlouder: a new crazy company in the adult industry.”

After a barrage of comments over infringement issues and allegations, Urrestarazu admitted that he was unlawfully taking videos from other tube sites and uploading them to Serviporno, the suit said. Urrestarazu, however, insisted on the GFY thread that his actions were “not harming content producers and were an acceptable business practice.”

AMA Multimedia later initiated plans to file suit against Serviporno in Texas, but the conflict between the companies ended in a settlement between the parties.

“For about one year after the parties executed the agreement, they enjoyed a cordial relationship,” according to the suit waged by AMA Multimedia. “Plaintiff provided respondent with approved, short videos meticulously curated for promotional purposes that are approximately 8-10 minutes in length with adequate watermarks and branding.

“Defendants posted them along with links and banners to plaintiff’s membership-based paysites where Internet users could purchase subscriptions to watch plaintiff’s full-length videos. Defendants would be paid a commission on any sales they generated for AMA.”

About one year after settling, Urrestarazu and ServiPorno.com stopped posting AMA Multimedia’s approved and legal videos.

“Instead, their old, infringing activities resumed in earnest, with AMA’s full-length videos appearing on the ServiPorno website with AMA’s branding removed,” the suit said.

AMA Multimedia’s owner confronted Urrestarazu about the alleged theft and was handed “insufficient excuses,” including statements that third parties were responsible for uploading AMA videos in its user community. AMA said it found massive evidence to the contrary.

“Most tube sites have an active user community uploading videos to the sites,” the suit said. “However, defendants’ Serviporno site has no apparent user community. The videos on the site do not even identify which user uploaded each video — a standard feature on tube sites from ones that feature adult entertainment to YouTube and Vine.

“As further evidence that users are not uploading videos on the site, the Serviporno website does not feature a community page or user profiles like other tube sites.

AMA in its suit said that alleged copyright infringement wasn’t just taking place on ServiPorno.com, which serves the Spanish market; it continues on its other geographically targeted company-operated websites.

“AMA recently discovered that defendants’ infringements of the copyrighted works of AMA and others extends far beyond the ServiPorno website. Defendants actually operate a network of geographically targeted websites. Infringing and rebranded content appears on all of them,” AMA’s suit said.

ServiPorno.com’s other sites also include TodayPorn.com, PornBurst.xxx and FreeMovies.tv, which target the U.S. market; VoglioPorno.com, PrendiPorno.tv and Pornalia.xxx, targeting the Italian market; PornoDingue.com, PornoDrome.tv and GaulePorno.xxx, which target the French market; EinfachPorno.com, GuterPorn.com and BundesPorno.xxx, targeting German market; PornoDoido.com and SexoQuente.tv, which focus on the Brazilian market; PornoZot.com and NedPorno.com, targeting the Dutch market; PornoGlu.com, which targets the Turkish market; SeansPorno.com, FilmikiPorno.tv and PornoVideolar.tv, targeting Polish market; MegaPorno.tv and ChikiPorno.com, which target the Russian market; and CanalPorno.com, which also focuses on the Spanish market.

In the suit, AMA Multimedia has file two counts of breach of contract, as well as contributory, vicarious and copyright infringement and inducement of copyright infringement. The suit seeks an injunction, $150,000 per infringed work and $25,000 per instance of placing false copyright management information on the infringing works.

“Currently, AMA is aware that 16 of its videos are still contained on defendants’ sites,” the suit said. “AMA is additionally aware that three of its images are located on defendants’ sites. This number is far less than the amount of videos previously on defendants’ sites. Each and every time defendants think that AMA has discovered a different part of defendants’ illegal scheme, defendants alter the websites in an attempt to frustrate plaintiff’s claims.

AMA Multimedia’s counsel in the case, industry attorney Marc Randazza, declined further comment in the case.

“My client and I are happy to let the case speak for itself,” Randazza told XBIZ.

Urrestarazu did not respond to XBIZ for comment by post time.

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