SAN FRANCISCO — Operators of the defunct Oron.com file-locker site on Monday filed an appeal over a preliminary injunction against the company to the 9th U.S. Circuit Court of Appeals in a suit waged by gay adult studios Falcon and Raging Stallion.
Falcon and Raging Stallion's parent company, DataTech Enterprises, sued the file-locker site for unspecified damages in August after it found at least 400 titles on the site that were involved in more than 40,000 separate acts of infringement.
After stating its case, DataTech was able to convince U.S. District Judge Charles Breyer to freeze Oron's U.S. assets in its PayPal, CCBill, AlertPay accounts, as well as other U.S. financial institution accounts.
Oron said in a court filing on Monday that it is contesting to the 9th Circuit an order that granted the preliminary injunction and denying its motion for reconsideration.
Adult industry attorney Gill Sperlein, who represents DataTech, called Oron's move a "desperate appeal" that "certainly will fail."
"We won’t know the specifics until we see the brief, but it will likely mirror the arguments in the motion for reconsideration which the court denied," Sperlein told XBIZ.
The DataTech suit comes on the heels of Corbin Fisher's legal battle over similar infringement charges against Oron.
After a $550,000 settlement was recently reached between Corbin Fisher and Oron, the file locker's attorneys appealed unsuccessfully to the 9th U.S. Circuit Court of Appeal. But Oron attorneys have made more appeals over numerous aspects of the case and the 9th Circuit scheduled motions and hearings all the way through January 2013.
Another gay adult studio, Flava Works, also has filed copyright infringement claims against Oron.