XonDemand Default Judgment Looms as Attorney Seeks to Withdraw

LOS ANGELES —  XonDemand.com, which was hit with an infringement suit by Private Media Group last year, could face a default judgment worth millions in the case if it doesn't arrange replacement counsel for a hearing set on Monday.

Industry attorney Clyde DeWitt, who originally was hired to defend the video-on-demand site after Private sued it for allegedly streaming content for more than three years after a 50 percent revenue-sharing contract was terminated in 2007, has asked a federal judge to withdraw from the case.

DeWitt, in several motions to a federal court, said that he's had difficulties with his client, XonDemand, because the company has only paid a fraction of its attorneys fees and that he's been having difficulty communicating with the company.

"To  the  surprise  of  the  undersigned  counsel, some time  following the settlement conference in this case on Feb. 2, 2011, when the undersigned needed to contact his client, XonDemand,  effectively vanished, becoming totally incommunicado," DeWitt told the court. "Finally, on June 3, 2011, the individual who has been the contact person for XonDemand since the inception of his representation called undersigned. 

"He explained that XonDemand had no ability or intent to satisfy any significant part of the outstanding balance of its monies owed to the undersigned, nor any intent whatsoever to pay for future representation.  Moreover, the client instructed  the  undersigned  to  do  nothing  further  in  the  case,  as  a  result  of  which  the undersigned has no authority  to  further  act  on  behalf  of  the  client. Accordingly,  the undersigned has no choice but to withdraw."

DeWitt, who told XBIZ on Friday that he's "not in a position to comment" on the case or his motion to withdraw as counsel for the company, also told the court that he later was able to wrangle a settlement agreement with Private but that XonDemand rejected the deal unless additional terms were added.

"As I expected, [Private] would not accept," he said.

Private spokesman Jason Tucker told XBIZ that the settlement deal on the table included the transfer of XonDemand.com to Private.

"It was as simple as that," Tucker said. "We said, look, we've got the Gamelink site, and we'd be willing to drop the copyright infringement charge and take over [XonDemand]. The settlement agreement was all there, but we never got the signature. We haven't heard from XonDemand since."

In the suit, Barcelona-based Private  said it discovered  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 after a deal between the two companies was terminated.

XonDemand contended 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."

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

Ohio AG Threatens Action Against 'Major' Adult Sites Over AV Law

Ohio Attorney General Dave Yost announced today that his office is sending "notice of violation" letters to 19 adult websites for failure to comply with the state's recently enacted age verification law.

Chaturbate Announces 2025 Music Contest Winners

Chaturbate has revealed the winners of its 2025 music competition.

2026 XBIZ Exec Awards Pre-Noms Open With Debut of New 'Impact' Honors

XBIZ is pleased to announce that the pre-nomination period for the 2026 XBIZ Exec Awards, the adult industry’s premier career honor, begins today and runs through Oct. 14.

MYM Rolls Out New Traffic Features for German Creators

German platform MYM has launched a new traffic system for its creators.

Ukrainian Content Creators on Hook for Nearly $10M in Back Taxes

Content creators in Ukraine owe the equivalent of $9.3 million in back taxes, according to the country's State Tax Service.

Updated: European Patent Office Board of Appeals Revokes EIS GmbH Patent

The European Patent Office (EPO) Board of Appeals last week ruled in favor of pleasure brand LELO in the company's ongoing dispute with Satisfyer parent company EIS GmbH.

Eroutique Relaunches Site Through YourPaysitePartner

Eroutique has relaunched its official website through YourPaysitePartner (YPP).

Update: Pornhub Will Not Block 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.”

Show More