XonDemand Says Private Got Paid, Never Terminated Contract

HATBORO, Pa. — XonDemand says it never received a termination letter, all the while paying commissions to Private Media Group, in a response to a suit filed against the company.

XonDemand, according to attorney Clyde DeWitt, now seeks to have the case thrown out.

Private contends in the suit filed in August that XonDemand streamed content for more than three years after a 50 percent revenue-sharing contract was terminated in 2007 between the two companies.

The Barcelona-based company said it discovered in May that XonDemand was "committing over 30 separate instances of copyright infringement and over 1,000 separate and distinct instances of trademark infringement" by continuing to rent Private videos by the minute or flat rate.

But DeWitt told XBIZ that Private never gave notice that it was terminating its contract with XonDemand and that the Private "continued to accept payments for commissions for over a year and a half after the alleged termination."

"They claim to have terminated the relationship, but kept cashing the commission checks, which begs the question, 'Why didn’t they send the checks back?' ” DeWitt asked.

DeWitt filed a motion for summary judgment this week to have the case thrown out.

"All of the content licensed to XonDemand by Private [through its Fraserside Holdings division] was removed from the XonDemand library in July 2010, immediately after someone at XonDemand learned of this lawsuit," the motion said. "XonDemand had no knowledge of any termination notice prior to then."

Private has yet to respond to DeWitt's motion for Hatboro, Pa.-based XonDemand, but the company plans on contesting the latest response.

Jason Tucker, Private's intellectual property enforcement agent, told XBIZ he couldn't elaborate on Private's response to the court but said, "We don't file blind cases. There's more to it."

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

SextPanther Launches in EU, UK

SextPanther has expanded its territory to include the U.K. and E.U.

Segpay Expands to Australia, Names Sam O'Connell Managing Director

Segpay has expanded its territory to include Australia and named Sam O’Connell as managing director of its Australian operation.

Ondato Joins ASACP as Corporate Sponsor

Age and identity verification company Ondato has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

2026 XBIZ Amsterdam Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Amsterdam, set to take place Sept. 10-13 at Passenger Terminal Amsterdam.

Ukrainian Legislators Revive Porn Decriminalization Push

The Verkhovna Rada, Ukraine’s parliament, is once again considering a bill that would decriminalize the creation and distribution of pornography in that country — an activity that currently carries a prison sentence of three to five years.

Ofcom Fines XGroovy $986,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 700,000 pounds (about $986,000) against adult website XGroovy for failing to comply with provisions of the Online Safety Act.

Segpay Opens New Global Headquarters in Boca Raton

Segpay has selected Boca Raton for its new global headquarters.

X3 Euro All-Stars Paint Amsterdam Red in Billboard Campaign

The X3 Expo Euro All-Stars are making a splash on the streets of Amsterdam as the  event prepares to make its debut on the continent.

Tiny Secret Games Taps Pauline Schmiechen for Growth and Partnerships Advisor

Adult game studio Tiny Secret Games has named Pauline Schmiechen as its new growth and partnerships advisor.

BranditScan Names Aerie Saunders as Community Manager

BranditScan has named Aerie Saunders as its new community manager.

Show More