Judge Won't Toss Private's Suit Against XonDemand

LOS ANGELES — A federal judge today denied XonDemand's motion for summary judgment in a case brought on by Private Media Group.

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.

XonDemand, which is represented by attorney Clyde DeWitt, had been seeking to have the case thrown out. XonDemand contends it never received a termination letter, all the while paying commissions to Private, and that it removed content "immediately after someone at XonDemand learned of this lawsuit."

Spokesman Jason Tucker told XBIZ that Private is pleased with the judge's denial to dismiss the case. The case was filed at U.S. District Court in Los Angeles.

"We're not surprised by the outcome," Tucker said. "It's our hope that XonDemand will take the judge's notice that the company should settle the case."

DeWitt told XBIZ that the judge ruled only that the agreement did not foreclose claims for copyright and trademark infringement

"Whether the agreement limits the damages to a few hundred dollars remains an open question," he said.

Copyright © 2025 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

CORRECTION: Pornhub to Remain Live in Ohio, Despite AV Law

Pornhub parent company Aylo will not block access to its websites in Ohio, despite new state age verification rules that came into effect Sept. 30.

Pineapple Support, Pornhub to Host 'ADHD-Friendly' Support Group

Pineapple Support and Pornhub are hosting a free online support group for performers with ADHD.

Judge Dismisses Some Claims in 'Children of Pornhub' Trafficking Suit

A United States district judge on Friday dismissed some but not all claims against Aylo in a long-running case involving CSAM allegations featured in the influential 2020 New York Times article “The Children of Pornhub.”

Pornhub Shuts Down Access in Ohio Over Age Verification

Aylo began geoblocking Pornhub across the state of Ohio on Tuesday, as the state’s age verification law goes into effect.

FSC Sets Key Dates, Qualifiers for December Board of Directors Election

The Free Speech Coalition (FSC) today announced key dates and qualifiers for its upcoming Board of Directors election.

RedGIFs Launches New 'Studio' Creator Platform

RedGIFs has launched its new Studio creator platform.

Arcom to Expand AV Enforcement to Smaller Adult Sites

The president of French media regulator Arcom revealed on Thursday that the agency plans to escalate its enforcement of age verification rules to include smaller adult sites, starting in late 2025 or early 2026.

AEBN Publishes Report on MILF, Cougar Trends

AEBN has published a report on MILF and Cougar categories from its straight theaters.

Pornhub to Shut Down Access in Arizona Over Age Verification

Aylo will geoblock Pornhub across Arizona starting Sept. 26, when the state’s age verification law, HB 2112, goes into effect.

Flirtback Embraces Crypto With Zcash Payments

Creator platform Flirtback has launched its Zcash (ZEC) crypto payment solution.

Show More