U.S. Appeals Court Releases 'Perfect 10' Opinion

WASHINGTON — The 9th U.S. Circuit Court of Appeal on Thursday released a 26-page opinion that upholds the court decisions of several lawsuits filed by adult company Perfect 10 against several companies, including web hosting service CWIE and credit-card processor CCBill.

In the 2002 lawsuit, Perfect 10 accused CCBill and CWIE of, among other things, copyright and trademark infringement. The two companies had provided services for several websites that featured Perfect 10 content without the adult company's consent.

The court ruled in favor of the defendants, citing section 230 of the Communications Decency Act in its opinion.

Under the section, those offering an "interactive computer service" are not responsible for the content posted by its users, as long as they show effort to restrict access to "filthy, excessively violent, harassing or otherwise objectionable" material.

The court opinion stated that service providers are immune from legal attack because they did not post the copyrighted material.

"It's a strong opinion protecting online freedom," Jason Schwartz, Electronic Frontier Foundation staff attorney, told XBIZ. "A way of attacking free speech online is to go after the service provider who gives the speaker a forum. This ruling protects the service provider from attack and guarantees more freedom for the user."

The 1998 Digital Millennium Copyright Act states that web hosts are not liable for user content, so long as they take down the illegal material immediately after being notified by the copyright holder and are not receiving "direct financial benefit" from the posted content.

Perfect 10 argued that CCBill and CWIE should have taken down its content on two sites — Illegal.net and StolenCelebrityPics.com — because the companies should have been aware of the infringing content.

The judge disagreed with Perfect 10's argument, saying service providers should not have the burden of proving whether content is "actually illegal."

"The reality is, the way that this 9th Circuit ruling reads, it now makes entirely clear that plaintiffs can't make any state-based claims against online service providers — they're all gone," said Eric Goldman, a professor at Santa Clara University School of Law.

The court soon will release rulings in two other similar cases involving Perfect 10, which are currently awaiting decisions.

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

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Playhaus Network Launches Podcast Platform Through PAYSITE

Entertainment website The Playhaus Network is launching its new podcast platform through PAYSITE.

Sportsheets Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of adult brand Sportsheets in a case against a copycat website using an infringing domain.

Kylie Rocket, Derek Kage Cap AEBN's Top Stars for 3rd Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the third quarter of 2026.

JustFor.fans Launches Android Version of 'JFF Create' Mobile App

JustFor.fans (JFF) has rolled out an Android-compatible version of its creator management mobile app, JFF Create.

Kink.com Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Kink.com in a case against a copycat website using an infringing domain.

On-Chain JAV Distribution Platform 'HandSome' Goes Live With Open Beta

Fukuoka tech firm Fidem has officially rolled out an open beta version of HandSome, a new Japanese Adult Video (JAV) content distribution platform built on blockchain technology.

Arcom Investigates MYM Over SREN Compliance

French media regulator Arcom is investigating creator platform MYM to determine whether the site may have violated age assurance rules and/or other requirements of France’s Security and Regulation of the Digital Space (SREN) law.

England, Wales to Enforce 'Extreme' Content Laws Starting Nov. 6

England and Wales will begin enforcing new laws criminalizing depictions of “non-fatal strangulation,” as well as sexual content in which adults portray underage characters, starting Nov. 6, the U.K. Ministry of Justice announced Friday.

Show More