Meta Interfaces Asks Judge to Dismiss Private's $30M Suit

SAN FRANCISCO — Meta Interfaces, defending itself over a $30 million copyright suit waged by Private Media Group, says it paid a flat license fee of $106,000 for the same Private content now being litigated in an infringement claim.

In the suit, Private, through its Fraserside Holdings division, claims that Meta Interfaces committed more than 200 instances of copyright infringement because numerous tube sites it works with or operates — including SkimTube.com, EskimoTube.com and Tjoob.com — displayed two-minute Private videos alongside third-party advertising.

All of the videos accompany statements that say, "Download Full Scene at X-Movie," which links to XMovie.com and is owned and controlled by Meta Interfaces.

Meta Interfaces, in its defense, said that it had a three-year deal to distribute Private videos that started in May 2009 and that if the allegations, even if true, amount to minor breaches of contractual covenants that have resulted in little if any harm to Private.

As a result, Meta Interfaces has asked a judge to dismiss the claims.

"[Private] accuses Meta Interfaces of violating terms of a license agreement, but makes no claim that Meta is a thief, counterfeiter or pirate — the conduct against which federal copyright laws are designed to protect," according to a motion by Meta Interfaces.

According to court documents, Meta Interfaces insists there is "no reasonable basis" to infer that Meta breached third-party provisions.

Meta Interfaces attorneys, calling Private's suit "draconian" because it seeks enhanced statutory damages — $150,000 for each infringed motion picture — said Private's claims are off base and fail to state a claim.

"A key rationale for statutory damages is that it is often difficult to establish the number of copies that had been made by an underground pirate business, because counterfeiters generally do not maintain books or records," Meta Interfaces said. "That justification has no application here.

"Meta is no underground pirater. Meta is [Private's] licensee."

Attorneys from both sides did not immediately respond to XBIZ requests for comment. The parties are slated to face off over Meta Interfaces' motion to dismiss at U.S. District Court in San Francisco on Nov. 15.

Related:  

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

Nebraska Republican's Age Verification Bill Gets 1st Round Approval Despite Privacy, Free Speech Concerns

Nebraska’s unicameral legislature has passed the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Eva Maxim, Katrina Colt Headline 'Cumming to LA' From Cherry Kiss

Eva Maxim and Katrina Colt star with Vince Karter in 2021 XBIZ Europas Female Performer of the Year Cherry Kiss' "Cumming to L.A.," from Evil Angel.

AEBN Celebrates 25th Anniversary

The Adult Entertainment Broadcast Network (AEBN) is celebrating its 25th year in business this week.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still have antitrust claims that they may pursue in the future.

Skylar Snow Headlines 'Infidelity 4' From Sweet Sinner

Skylar Snow toplines "Infidelity 4," the latest release from Mile High Media studio brand Sweet Sinner.

Serenity Cox Stars in 'Enjoy It' From MILFY

Serenity Cox stars with Alberto Blanco in "Enjoy It," from Vixen Media Group studio imprint MILFY.

Melissa Stratton Stars in Finale of Wicked's 'So Extra'

Melissa Stratton and Robby Apples star in the final scene from Wicked Pictures' "So Extra."

BiPhoria Drops Jim Powers' 'Saying GoodBi'

BiPhoria has released director Jim Powers' "Saying GoodBi."

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have filed a petition before the United States Court of Appeals for the 5th Circuit asking to stay its recent upholding the law because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

Jade Venus, Kasey Kei Star in 'Trans Rave' From GenderX

Jade Venus and Kasey Kei star in "Trans Rave" from GenderX, directed by Jim Powers.

Show More