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 © 2026 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

Devin Drills Launches New Paysite

Creator Devin Drills has launched an official website through PAYSITE.

AV Bulletin: Midyear Roundup

Since the U.S. Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. Meanwhile, lawsuits resulting from AV laws have begun to play out in the courts. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Judge Dismisses Last NCOSE-Backed Suit Over Kansas AV Law

A federal judge on Monday dismissed a lawsuit alleging that adult site SuperPorn violated Kansas’ age verification law, citing lack of jurisdiction after similarly dismissing two related cases earlier this year.

ASACP Updates 'Restricted to Adults' Labeling Resource Page

The Association of Sites Advocating Child Protection (ASACP) has updated its Restricted to Adults (RTA) labeling resource page.

Federal AV Proposal Scores Minor Win in House but Remains in Doubt

A newly announced bipartisan agreement in the U.S. House of Representatives Committee on Energy and Commerce may soon bring a proposed federal age verification law before the full House, but the measure continues to face an uphill battle.

Arizona Governor Vetoes 'Protect Act' With New Consent Provisions

Arizona Governor Kate Hobbs on Friday vetoed HB 2133, the “Protect Act,” which would have imposed new requirements for adult content uploaded online.

Brazil Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Curves Ahead: How BBW Creators are Turning Differentiation Into Competitive Advantage

For centuries, curves have been celebrated as a symbol of beauty, sensuality and power. From the soft opulence of Rubens paintings to the glamorous silhouettes of pinup icons, fuller figures have long occupied a place in art, fashion and fantasy.

Woodhull Freedom Foundation to Host Virtual 'Pride' Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting a Pride Month virtual edition of its series “Fact Checked by Woodhull.”

Show More