Originally filed in Canada two years ago, Evil Angel's Chris Norman told XBIZ that the case was dropped in order to bring it to aCalifornia court, where the burden would be on Kaytel to prove Evil Angel's allegations false.
Norman said it took six months to establish there was cross-border copyright infringement occurring before Evil Angel could bring the case to a California court.
"It was our goal to bring it to California," Norman said. "It's much more difficult to enforce American copyright law in Canada. America provides a lot more teeth [to fight piracy]."
Norman said there have been multiple smaller copyright cases against retailers, purchasers and DVD stamping companies that were involved in Kaytel's piracy scheme. Now that the company has nabbed the smaller players, Norman said Evil Angel is going after the manufacturer and head distributor.
Norman said he has all his ducks in a row, with receipts, documents and even witnesses — those who purchased or participated in the production of the pirated DVDs — to support Evil Angel's case.
What Norman said he isn't 100 percent confident in, however, is the jury and judge. He said he's had trouble in the past with judges pressuring him to settle out of court so they don't have an adult-related case on their docket. Norman also said that the fact that Evil Angel is an adult company sometimes clouds judgment on the jury's side.
Norman said he needs the media's support to be sure a fair trial takes place. He believes that if the case receives significant media attention, the judge and jury will be more coercive, not wanting any errors highlighted in news reports.