Judge Orders Private to Amend XHamster Suit

CEDAR RAPIDS, Iowa — A federal judge on Thursday ordered Private Media Group to amend its copyright infringement suit against the operators of XHamster, dashing the company's hope for a default judgment against the tube site.

Private, in its original complaint against the fledgling tube site, had named Westchester, Calif.-based WhoIsGuard as XHamster's "doing business as" entity in the suit and claiming it had properly served court papers. Later, it asked for default judgment after it said the defendants hadn't responded to the suit under court-imposed deadlines.

On Thursday, U.S. Magistrate Judge Paul Voss agreed with XHamster and WhoIsGuard attorneys, ordering Private to amend its complaint to name XHamster as the primary defendant by Sept. 1.

XHamster attorneys, in its plea to vacate a default judgment, said that Private "would like to skip the trial and move directly to the judgment phase" and that, quoting from "Alice’s Adventures in Wonderland," "Courts are not Wonderland and [Private] is not the Queen."

"[Private] has knowingly named and served the wrong party in the present lawsuit — and having been offered every opportunity both by counsel for WhoIsGuard and xHamster to correct the mistake — has nevertheless chosen to seek both a default and default judgment against a party neither named nor served in this action."

XHamster also noted that a Private spokesman had recently been quoted on XBIZ that the adult entertainment company was ready to take over the tube site and sell it.

"Finally, in a direct and shocking attempt to wreck harm on xHamster’s business and interfere with its business relations, [Private] has used its improperly gained tactical position to comment in the media that it has “even started to entertain offers for the [xHamster] site,” XHamster counsel said in the brief.

Private, in the suit, has asked for at least $10.8 million in damages for the alleged illegal streaming of 73 videos on the site that is said to have nearly 65 million page views a day and is ranked No. 55 worldwide by Alexa.

XHamster attorney Val Gurvits told XBIZ that he's "disappointed that it took a court order to force [Private] to do the right thing."

"On the other hand, I am pleased that the court ordered Fraserside to properly name my client.  XHamster has legitimate meritorious defenses to this lawsuit and we look forward to presenting them in court."

Jason Tucker, Private's spokesman, said Thursday's ruling isn't a setback to the case and that the entertainment company plans on following through.

"Now the XHamster.com owners must stop hiding and answer for their actions," Tucker told XBIZ. "This is a positive step in the right direction.  This also reinforces that no matter where you are or who you are, you cannot avoid us forever."

Related:  

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

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp signed into law on Tuesday a bill that includes Georgia’s version of the age verification of adult content provisions being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Cosplayground Releases 'Furiosa XXX: A Porn Parody'

Cosplayground has released its seventh original production, “Furiosa XXX: A Porn Parody.”

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Show More