High Court Rejects InternetMovies.com Appeal

KAHULUI, Hawaii — The U.S. Supreme Court has declined hearing the case of a website owner whose business was shut down by a cease-and-desist order based on suspected piracy despite the fact that no piracy actually occurred.

In 2001, the Motion Picture Association of America accused InternetMovies.com of making pirated copies of copyright-protected movies available for download.

The site was immediately taken offline by its hosting service based solely on this allegation under the “notice and takedown” provision of the Digital Millennium Copyright Act.

The site’s owner, Michael Rossi, subsequently filed suit against the MPAA asserting that the unfounded allegation and shutdown of InternetMovie.com damaged his business and his reputation.

InternetMovies.com was eventually allowed to resume operation, but Rossi said he wanted the MPAA held accountable for the harm it had caused.

At the heart of the case was the MPAA’s claim, under penalty of perjury, that Rossi had made available for download a pre-release version of “Lord of the Rings: Return of the King,” a charge that the organization later admitted had no merit.

The MPAA also confessed to misrepresenting headlines from InternetMovies.com advertising in its cease-and-desist request to make it appear as though the site was offering free downloads of full-length motion pictures.

In fact, said Rossi, even a cursory investigation of his site would have shown that no movies were available for download. The site, he contended, was nothing more than an online magazine with film reviews.

“All I was doing was reporting news about movies online,” Rossi said. “This now proves there are no freedom of speech or due process rights on the Internet for the common person.”

Nevertheless, the MPAA prevailed in district and circuit court, with both courts citing that they believed the MPAA made its piracy claim in good faith and was, therefore, protected under the DMCA against prosecution.

Rossi said the Supreme Court’s refusal to hear the case invites a “shoot now, ask later” atmosphere in which copyright holders can shut down websites simply by saying they believe copyright violations have occurred.

“I don’t believe asking the Supreme Court to make the good faith belief objective was too much to ask for,” Rossi said. “But, unfortunately, they see copyrights as being more important than constitutional rights.”

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

AEBN Celebrates 25th Anniversary

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

Nebraska Legislature Passes Republican's Age Verification Bill With No Votes Against It

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.

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.

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.

FSC Vows to Fight Florida Age Verification Law

Free Speech Coalition (FSC) issued a statement vowing to continue fighting Florida’s age verification law, which was signed by Gov. Ron DeSantis on Monday as part of a comprehensive bill targeting minors’ use of social media.

Kansas Republican Aims to Create New Bureaucracy to 'Investigate' Porn Websites

Republican state legislators succeeded Monday in moving forward Kansas’ version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, despite serious concerns raised by House Democrats about the cost of establishing a new bureaucracy tasked with investigating websites for pornographic content.

SK Intertainment Launches 'Skinfluential Management' Agency, FansFuel Joint Venture

Mr. Skin/Mr. Man parent company SK Intertainment has launched new creator agency Skinfluential Management, as well as a new joint venture with Showbizz Media's creator stats and affiliate marketing platform, FansFuel.

Industry Attorney, Free Speech Champion Clyde DeWitt Passes Away at 75

Noted industry attorney Clyde DeWitt passed away on Friday in Las Vegas at 75, according to friends and colleagues.

APClips Names Avery Jane 'Creator of the Month'

APClips has named Avery Jane its Creator of the Month for March.

JustFor.fans Offers Gumroad Users Platform to Sell NSFW Artwork

JustFor.fans (JFF) is offering Gumroad users a platform to sell NSFW artwork after the latter banned adult content.

Show More