The suit, which was filed in January at U.S. District Court in Los Angeles by attorney Michael Fattorosi, claims the defendants copied and distributed unauthorized copies of the “Paris Hilton Sex Tape.”
XPay’s Evan wouldn’t elaborate further on the lawsuit but told XBIZ, “We are pleased the case is proceeding.”
The suit also said the Does are not only involved in rampant infringement but are causing other problems too.
“Minors are able to download adult entertainment content without being subject to the age-verification process,” the suit said. “Users are able to distribute adult entertainment content without complying with record-keeping requirements.”
XPays, which officially obtained the rights in 2004 to market the video on the Internet, is seeking injunctive relief, prohibiting each defendant from further infringing on its copyright and damages.
Adult Studio Red Light District has the exclusive for DVD distribution.
