MyVidster Links Don't Infringe Flava Works Copyrights, Appeals Court Rules

CHICAGO — A three-judge appellate panel has overturned Flava Works preliminary injunction against MyVidster.com, ruling that the social video bookmarking site did not infringe on copyrights when it embedded copyright-infringing versions of Flava Works content from third-party websites.

The ruling overturns a 2011 preliminary injunction, which blocked MyVidster from linking to Flava Works videos, which primarily focus on gay black and Latino talent

MyVidster allows visitors to bookmark videos of their choice. Users can watch their embedded videos on MyVidster's page through a frame of advertisements on the site.

A federal judge earlier found that MyVidster contributed to infringing activity by encouraging users to share illegal video downloads, but the 7th U.S. Circuit Court of Appeals on Thursday disagreed.

" MyVidster is not an infringer, at least in the form of copying or distributing copies of a copyrighted work. The infringers are the uploaders of the copyrighted work," 7th Circuit Judge Richard Posner wrote for the panel, which ruled 3-0 in favor of MyVidster.

"MyVidster is not just adding a frame around the video screen that the visitor is watching. Like a telephone exchange connecting two telephones, it is providing a connection between the server that hosts the video and the computer of MyVidster’s visitor.

"But as long as the visitor makes no copy of the copyrighted video that he is watching, he is not violating the copyright owner’s exclusive right, conferred by the Copyright Act, 'to reproduce the copyrighted work in copies' and 'distribute copies ...  of the copyrighted work to the public.'”

Flava Works may be able to obtain another injunction if it can show that MyVidster's service really does significantly contribute to the infringement of Flava's copyrights, Posner wrote, but so far it failed to meet that burden.

View ruling

Related:  

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

AEBN Publishes Popular Searches by Country for June, July

AEBN has released the list of popular searches from its straight and gay theaters, by country, for June and July.

Appeals Court Upholds Section 230 Immunity in XVideos Case

The U.S. Court of Appeals for the 9th Circuit has upheld a lower court’s ruling that Section 230 protects WebGroup Czech Republic from liability in a case involving user-uploaded CSAM on its tube sites.

Aylo Moves to Settle Two 'Children of Pornhub' Class-Action Lawsuits

Aylo has agreed to terms for a settlement with the plaintiffs in two long-running class actions over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Tigerlilly Launches 'SugarCoatedSweethearts' Through PAYSITE

Tigerlilly has launched SugarCoatedSweethearts.com through PAYSITE.

ASACP Marks 30-Year Anniversary

ASACP is celebrating 30 years of operation, during which it has received over 1.3 million reports from web admins and the public about suspected child pornography.

AEBN Announces Isiah Maxwell as Top Male Boy/Girl Performer for Summer 2026

AEBN has revealed its top 10 male Boy/Girl performers for summer 2026, with Isiah Maxwell landing atop the leaderboard.

JMan Launches AI Companion Solution for Adult Websites

Online industry veteran JMan has launched Orkestrait, an AI companion solution designed specifically for adult websites.

Johnny Sins Launches 'Fangate' Platform for Account-Free Content Sales

Johnny Sins has officially launched Fangate, a platform that allows creators to sell content directly to fans without requiring a user account or subscription.

TSBlondieNYC Launches Official Website Through PAYSITE

TSBlondieNYC has launched an official website through PAYSITE.

Creator and Sexual Wellness Brand Marketplace Platform 'Teasr' Launches

Teasr, an online marketplace for creators and sexual wellness brands that focuses on live-selling and video product demonstrations, has officially launched.

Show More