The suit, filed at U.S. District Court of San Diego Nov. 19, also names 200 John Doe individuals, companies and a person that goes by the alias Rooney Rocks, as parties that participated in uploading infringing works to the Spankwire.com website.
“Defendants violated plaintiff’s exclusive rights to reproduce, distribute, publicly perform and display plaintiff’s copyrighted works,” the suit said.
“The manner in which the Spankwire website operates serves as a prime example of someone using technology to engage in mass infringement. The employees, owners and operators of Spankwire designed Spankwire.com with the sole or primary purpose of redirecting profits from copyright holder to Spankwire.”
The suit further says that defendants claim they operate these websites to offer a forum for consumers to upload and share their own original “user-generated” adult video content. Plaintiffs claim defendants use these sites to gather and exploit a collection of infringing adult videos belonging to plaintiff for their own financial benefit.
“Plaintiff is informed and alleges that a number of Spankwire.com user accounts belong to Doe defendants who upload infringing content at the specific request and direction of either Spankwire, Rooney or Manwin.”
The plaintiff is asking that the court declare the defendants willfully infringed on plaintiff’s rights, issue injunctive relief against defendants, order full accounting of all amounts due and owing to plaintiff and order defendants to pay damages and attorneys fees.
Manwin acquired Spankwire.com last summer and said the acquisition continued on the company’s path to diversify.
"Manwin believes there is a place for tube sites in the adult industry and also a way to have them work hand in hand with paysites in order to increase revenue and benefits for all paysites, as well as affiliates,” Manwin said at the time.
Libery Media Holding is being represented by Marc Randazza.
Manwin told XBIZ it had no comment at this time.