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

2027 XMA 'Fan Favorite' Pre-Nominations Period Now Open

XMA event organizers have announced that the pre-nomination period for Fan Favorite categories for the January 2027 ceremony is now open.

California Legislature Passes Stricter UGC Rules for Adult Sites

A bill to impose tighter compliance standards for user-generated content (UGC) on adult websites has been approved by the California state legislature and now awaits the governor’s signature.

CollabGPS Rolls Out 'Verification Badge' Update

CollabGPS has launched a badge system for user verification.

X3 Amsterdam Imports Hollywood Glitz With Continental Style

A throng of fans from across Europe and around the globe descended on the Passenger Terminal building on Friday, eager to meet their favorite adult stars at the inaugural X3 Amsterdam fan expo.

California, Florida Reps File Latest Bill to Repeal Section 230

Two members of Congress on Thursday introduced new legislation to repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Admaze Introduces Flat-Rate Media Buying for Publishers, Advertisers

Adult ad network and agency Admaze has introduced a flat-rate media buying model for publishers and advertisers.

Centro Launches Lifetime Revenue Share Affiliate Program 'CentroPulse'

Centro has launched CentroPulse, its new lifetime revenue share affiliate program for performance marketers, adult traffic affiliates, established webmasters, and sub-affiliate network operators.

Fanstage Launches Telegram Sales Solution

Fanstage has launched its new platform, allowing creators to sell PPV content directly from their Telegram DMs.

Second Bill Proposed to Shield US Sites From 'Foreign Censorship'

For the second time in recent weeks, a Republican congressman has introduced legislation to bar U.S. courts from helping to enforce foreign laws restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

SextPanther Launches in EU, UK

SextPanther has expanded its territory to include the U.K. and E.U.

Show More