Pink Visual, Motherless Argue Infringement Case in Front of 9th Circuit

Pink Visual, Motherless Argue Infringement Case in Front of 9th Circuit

PASADENA, Calif. — The 9th U.S. Circuit Court of Appeals today heard Pink Visual’s appeal over a federal court ruling made in 2013 that granted summary judgment to adult tube site Motherless.com in an infringement case.

Adult studio Pink Visual sued Motherless in 2012 after its employees found 19 copyrighted films, including 33 scenes, owned by Pink Visual's parent company, Ventura Content, on the tube site.

But the case was dismissed on summary judgment after U.S. District Judge Stephen Wilson in Los Angeles ruled that Motherless' operators were entitled to the Digital Millennium Copyright Act's safe-harbor provisions as an Internet service provider.

The gravamen of Pink Visual's claims in the case was that Motherless hadn't “reasonably” implemented effective procedures, including expelling “repeat infringers,” for dealing with DMCA-complaint notifications over poached content. 

On Monday, 9th Circuit Judges Jacqueline Nguyen, Johnnie Rawlinson and Andrew Kleinfeld listened to arguments in the case made by Pink Visual appellate counsel Peter Afrasiabi and Motherless appellate counsel David Richman.

Motherless, one of the largest adult tube sites on the web, has grown into a behemoth with 750,000 members and about 12 million tube site entries since it became established in 2008.

In describing Motherless’ operation, Afrasiabi told the court that the tube site and its owner, Joshua Lange, run it with “zero license deals” from adult filmmakers and that “their business is infringement and the monetization [of poached content].”

“Ninety percent [of the scenes and full-length features on the site] are infringement,” Afrasiabi said.

But in its defense and support of its contention that it had “reasonably” implemented its repeat-infringer policy, Richman noted that all take down notices were complied with — but only if DMCA notices were properly submitted and included each and every aspect required for such.

Richman noted that Motherless has terminated between 1,300 and 2,000 users for various reasons, including alleged copyright infringement.

Pink Visual identified nine Motherless users — eight users who uploaded the 19 films at center of the case, as well as one other user — it alleged are infringers who should have been terminated but were not.

In its decision whether to allow the case to be heard in front of a jury at district court, the 9th Circuit will focus on whether the lower court abused its discretion in making a summary judgment ruling in the infringement case.

Wilson, the district court judge, earlier ruled that "the DMCA requires only that the policy be 'reasonably'— not 'perfectly' — implemented, and thus “occasional lapses are not fatal to the service provider’s immunity.”

To view today's hearing, click here.

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

Segpay Expands to Australia, Names Sam O'Connell Managing Director

Segpay has expanded its territory to include Australia and named Sam O’Connell as managing director of its Australian operation.

Ondato Joins ASACP as Corporate Sponsor

Age and identity verification company Ondato has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

2026 XBIZ Amsterdam Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Amsterdam, set to take place Sept. 10-13 at Passenger Terminal Amsterdam.

Ukrainian Legislators Revive Porn Decriminalization Push

The Verkhovna Rada, Ukraine’s parliament, is once again considering a bill that would decriminalize the creation and distribution of pornography in that country — an activity that currently carries a prison sentence of three to five years.

Ofcom Fines XGroovy $986,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 700,000 pounds (about $986,000) against adult website XGroovy for failing to comply with provisions of the Online Safety Act.

Segpay Opens New Global Headquarters in Boca Raton

Segpay has selected Boca Raton for its new global headquarters.

X3 Euro All-Stars Paint Amsterdam Red in Billboard Campaign

The X3 Expo Euro All-Stars are making a splash on the vibrant streets of Amsterdam as the creator-first fan event prepares to make its debut on the continent.

Tiny Secret Games Taps Pauline Schmiechen for Growth and Partnerships Advisor

Adult game studio Tiny Secret Games has named Pauline Schmiechen as its new growth and partnerships advisor.

BranditScan Names Aerie Saunders as Community Manager

BranditScan has named Aerie Saunders as its new community manager.

'Goddess' Charlotte Sins Blesses the September Issue of X3 Magazine

Charlotte Sins graces the cover of the September issue of X3 magazine, the premier publication capturing the real personalities, passions, and stories behind top stars.

Show More