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

FSC: TAKE IT DOWN Act Provisions Take Effect May 19

The Free Speech Coalition has issued a reminder notice that the notice-and-removal requirements of the federal TAKE IT DOWN Act will go into effect on May 19.

Venus Berlin Joins ASACP as Media Sponsor

Venus Berlin has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

XBIZ Miami's Host Hotel Sold Out; Additional Hotel Added

Guest rooms at XBIZ Miami’s exclusive conference venue, Goodtime Hotel in South Beach, are now completely sold out.

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

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

'Collective Corruption' Relaunches Through PAYSITE

Fetish and BDSM membership site Collective Corruption has relaunched through PAYSITE.

RocketGate Taps Joël Drapeau for Senior Account Executive Role

Payment processing company RocketGate has hired industry veteran Joël Drapeau as its new account executive for business development and client relations.

VR Reloaded: Inside the Next Era of Immersive Adult Entertainment

For years, virtual reality in adult entertainment hovered somewhere between “quirky novelty” and “exciting promise of things to come.” While the technology hinted at a radically different way to experience erotic media, early experiments often required bulky headsets, complicated downloads, and production techniques that weren’t yet quite up to the task.

Pineapple Support Names Ocean Hanx Brand Ambassador

Pineapple Support has named creator Ocean Hanx as its newest brand ambassador.

Meta Restores Playboy Germany Facebook Page After Court Order

The Facebook page of Playboy Germany, the German-language edition of the magazine, is now back online after a two-month suspension by Meta, following an order by the Düsseldorf Regional Court.

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Show More