Steadfast Dropped From ALS Scan's Infringement Suit

Steadfast Dropped From ALS Scan's Infringement Suit

LOS ANGELES — A federal judge last week pared Steadfast from a lawsuit waged by adult publisher ALS Scan, finding that the hosting provider is not liable for copyright-infringing activities that took place on the server of a client.

ALS Scan in 2016 dragged Steadfast, as well as other third-party internet companies, into court after connecting the dots after finding its original adult material on sites offering pirated content.

Claims against ad network Juicy Ads and cloud computing company Hebergement OVH Inc. were dropped from the suit last year.

Content delivery network provider Cloudfare, however, continues as a defendant in the suit. While Cloudflare has managed to slice off several counts, the accusation of contributory copyright infringement still remains on the table.

ALS argued in its case against Steadfast that it refused to shut down the servers of image-sharing platform Imagebam.com, which was operated by its client Flixya.

Steadfast received dozens of DMCA notices regarding the infringement, according to ALS Scan, but Steadfast refused to act on them.

However, Steadfast denied the allegations, stating that the hosting provider did indeed lease servers to Flixya for 10 years and that it forwarded all notices to the client.

The hosting company said it could not address individual infringements and take action, other than shutting down the entire site, which would have been disproportionate in its view.

U.S. District Judge George Wu agreed with Steadfast and dismissed all copyright and trademark infringing claims, concluding that Steadfast did enough to put a crimp in copyright and trademark infringement.

“[T]he court is not convinced that Steadfast had any reason, legal or practical, to terminate Flixya’s account and power down its servers,” according to Wu’s ruling, which dismissed all claims — including contributory copyright infringement, vicarious copyright infringement and contributory trademark infringement — against Steadfast with prejudice.

Wu, in his ruling for summary judgment, found “that Steadfast did not ‘[fail] to take simple measures’ to prevent the specific acts of infringement of which it was aware. Steadfast took simple steps that resulted in all of the at-issue images being removed.”

Copyright © 2024 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

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to stream content from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

Show More