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

Hentaied Founder Romero 'Mr. Alien' on Fetish, Fantasy and Finding Order in Chaos

A sharp sting pierces the woman’s skin. Something foreign slips beneath the surface. Eggs, maybe. She doesn’t know it yet, but soon her body will become a vessel, a hive, a source of contamination.

AEBN Publishes Popular Searches for July, August

AEBN has published the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

The Guardian Devotes Feature Article to XBIZ Amsterdam

British newspaper The Guardian sent a reporter to cover XBIZ Amsterdam earlier this month, resulting in a lengthy article about the annual European adult industry conference.

Pineapple Support Taps Char Borley as Brand Ambassador

Pineapple Support has named Char Borley as its newest brand ambassador.

Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Florida AG Sues Aylo, Segpay Over State AV Law

Florida Attorney General James Uthmeier filed lawsuits against Aylo and Segpay on Monday with the 12th Judicial Circuit Court of Florida for noncompliance with HB3, the state's age verification law.

Colombian Court Sides with Performer Esperanza Goméz Over IG Suspensions

Colombia’s Constitutional Court last week ruled in favor of adult performer Esperanza Gómez in her legal battle against Meta over repeated suspensions of her Instagram account.

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Tackle Online Censorship in Virtual Seminar

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

Severe Sex Films Relaunches Site Through YourPaysitePartner

Severe Sex Films has relaunched its official website through YourPaysitePartner (YPP).

Show More