Federal Copyright Case Cites 'Perfect 10' Ruling

CHICAGO — In a case of particular interest to adult webmasters, a federal court has allowed evidence of “archived” versions of content stored at a third-party website.

Telewizja Polska USA Inc., a provider of television programming, and Echostar Satellite Corp. were involved in a contract dispute that centered on the contention that Echostar sold Telewizja Polska’s programming after their contract had expired.

But U.S. Magistrate Judge Arlander Keys for the U.S. District Court for the Northern District of Illinois turned back Telewizja Polska’s challenge to the admission of paper printouts of website content, ruling that the evidence met Federal Rule of Evidence 901’s threshold requirement of “genuineness” and that the genuineness of the website materials were for the jury to decide.

One of several pretrial motions filed by Telewizja Polska sought to bar the admission of the “archived” version of the website. The company contended that the exhibit constituted double hearsay.

But Keys disagreed and cited another federal court ruling, Perfect 10 Inc. vs. Cybernet Ventures Inc., No. CV01-2595 (2002), involving online adult companies.

In that case, a federal court admitted printouts of a website under the “best evidence” rule.

The court determined that Perfect 10 was likely to prevail on its claims contributory and vicarious copyright infringement against Cybernet for featuring more than 10,000 copyrighted Perfect 10 images in the Adult Check family of websites. It also ruled for Perfect 10 in its claims of unfair competition under California Business and Professions Code Section 17200.

In the current case, Telewizja Polska contended that Echostar had not properly authenticated the evidence, questioning the reliability of the Internet Archive Company as a verification source.

Keys noted, however, that despite Internet Archive’s relative newness to the industry, Telewizia Polska presented no evidence that it was unreliable or biased.

The case is Telewizja Polska USA Inc. vs. Echostar Satellite Corp., No. 02C3293.

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

StreamPayments Joins ASACP as Corporate Sponsor

Payment service provider and consultancy firm StreamPayments has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

AdultHTML Introduces Custom AI Projects Development Service

AdultHTML has introduced its customizable AI projects development service.

Eporner Must Face Copyright Suit After Judge Affirms Jurisdiction

A U.S. district court has ruled that it has jurisdiction to hear a copyright infringement lawsuit brought by adult website operators against tube site Eporner, even though Eporner is based outside the United States.

BranditScan Launches Public API, Affiliate Program

BranditScan has launched a public API and a new affiliate program enabling creator platforms to integrate the company’s anti-piracy services and earn recurring commissions.

Kenna James, Derek Kage Cap AEBN's Top Stars for 2nd Quarter of 2026

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

Segpay Partners With Corey Silverstein for Legal Services

Segpay has partnered with adult industry attorney Corey D. Silverstein for specialized legal compliance and policy support for its merchant network.

AEBN Reveals Kasey Kei as Top Trans Star for Q2 of 2026

AEBN has named its top trans stars for the second quarter of 2026, with Kasey Kei landing atop the leaderboard.

Missouri Governor Signs Bill Making AV Regulations State Law

Missouri Governor Mike Kehoe signed a bill into law on Thursday requiring adult websites to age-verify users in the state, finalizing a legislative “stamp of approval” for AV rules after Missouri’s attorney general unilaterally imposed similar regulations last year.

Utherverse Launches 'Adult Game Fest' Virtual Convention

Virtual reality and metaverse technology company Utherverse is launching its inaugural Adult Game Fest convention and trade show, taking place Sept. 24-26.

Ofcom Fines Fapello $845,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 630,000 pounds (about $845,000) against adult website fapello.com for failing to comply with provisions of the Online Safety Act.

Show More