MPAA Files Friend-of-the-Court Brief in Porn Piracy Case

CHICAGO — Hollywood has sided with Flava Works in the gay porn company's appeal supporting a preliminary injunction issued against MyVidster.com, which allegedly poached and streamed its content.

On Thursday, the Motion Picture Association of America (MPAA) submitted a friend-of-the-court brief, supporting Flava Works in the long-running copyright infringement case.

MyVidster, operated by Marques Rondale Gunter, is a user-generated tube site that had been fingered by Flava Works for copyright violations.

Flava Works, which has been in business since 1999, offers content featuring black and Latino talent on a number of sites, including Cocodorm.com, PapiCock.com, ThugBoy.com, CocoBoyz.com FlavaMen.com and Thugsforsex.com.

A lower court last year held that Flava Works would likely succeed on copyright violation claims that MyVidster was secondarily liable for the direct infringement. But the case went to the 7th U.S. Circuit Court of Appeals after Gunter appealed an injunction.

Through the appeal, several companies and organizations have also filed friend-of-the-court briefs in the case — in support of Gunter. Google, Facebook, the Electronic Frontier Foundation and Public Knowledge have all thrown their hats into the ring.

But the MPAA has sided with Flava Works, saying that MyVidster’s conduct in the case did not provide for safe harbors for providing digital storage space and information location tools.

"After receiving repeated notices about the infringing embedded videos on its service, MyVidster ignored the wrongful conduct instead of attempting to rid its service of bad actors," the MPAA said in the brief. "MyVidster initially refused to remove specific infringing links."

The MPAA continued in its brief that taking steps to thwart illegal conduct does not undermine technological progress or free speech. On the contrary, such steps facilitate those laudable objectives, it said.

Flava Works CEO Phillip Bleicher told XBIZ that the case is simple — "Marques Gunter used his website MyVidster.com as a vehicle to commit and contribute to massive amounts of theft."

"MyVidster is not just stealing our content, but dozens of small- and medium-sized porn companies (and individual amateurs) who may not be in a position to hire an attorney to stop sites like this from popping up," he said.

"For instance, we had a small home-based company contact us for help in writing a DMCA notice to MyVidster," he said. "They found over three dozen videos on MyVidster that belonged to this guy. When he contacted MyVidster, their response was 'MyVidster is a bookmarking site and not a video host'  — which is bullshit."

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

OpenAI Shuts Down AI-Generated Porn Rumors

A spokesperson for OpenAI, the company behind ChatGPT, has shut down online chatter about how a rumored relaxation of the company’s stance against AI-generated NSFW content may result in a lifting of its porn ban.

9th Circuit Upholds Verdict Against Oregon College for Discriminating Against Former Adult Performer

The 9th U.S. Circuit Court of Appeals on Monday upheld a 2022 Oregon jury’s verdict in favor of Nicole Gililland, a former nursing student who sued her school for discriminating against her because of her adult performer past.

Former Trump Staffer, Project 2025 Advisor John McEntee Predicts a Total Porn Ban

John McEntee, senior advisor to the Heritage Foundation’s Project 2025 and a former key figure in the Trump administration, is predicting an eventual full ban on pornography, claiming that once it is enacted, “this country will flourish.”

Vendo Launches 'Pay by Bank' Service

Vendo has launched its new Pay by Bank checkout system.

CrakRevenue Taps Maxime Bergeron as New CEO

CrakRevenue has appointed longtime staffer Maxime Bergeron as the company's new CEO.

Clips4Sale Adds 'Spatial Video' Category

Clips4Sale (C4S) has debuted a “spatial video” category for the next generation of VR and AR devices.

Lemon Social Launches Educational Program, 'Metaverse' Feature

Premium fan platform Lemon Social has debuted an "Adult Content University" program and a "Lemon Social Metaverse" feature.

Australian Conservatives Raise Concerns About US-Born Online Censor

Long after progressive free speech advocates in Australia questioned eSafety Commissioner Julie Inman Grant over her campaigns to target adult content, conservatives and libertarians are now raising concerns about the powers granted to the country’s top censor — an unelected former tech exec born in the U.S. — with some calling for her ouster.

Cupcake Girls, Aylo Partner on Educational Video Series for Performers

The Cupcake Girls and Aylo have teamed up to produce a series of educational videos focused on safety standards for adult performers.

My.Club Appoints Nicole Aniston as New Brand Ambassador

My.Club has named Nicole Aniston its newest brand ambassador.

Show More