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 Partners With Corey Silverstein for Legal Services

Segpay has partnered with adult industry attorney Corey D. Silverstein for specialized legal compliance and policy support for its merchant network.

AEBN Reveals Kasey Kei as Top Trans Star for Q2 of 2026

AEBN has named its top trans stars for the second quarter of 2026, with Kasey Kei landing atop the leaderboard.

Missouri Governor Signs Bill Making AV Regulations State Law

Missouri Governor Mike Kehoe signed a bill into law on Thursday requiring adult websites to age-verify users in the state, finalizing a legislative “stamp of approval” for AV rules after Missouri’s attorney general unilaterally imposed similar regulations last year.

Utherverse Launches 'Adult Game Fest' Virtual Convention

Virtual reality and metaverse technology company Utherverse is launching its inaugural Adult Game Fest convention and trade show, taking place Sept. 24-26.

Ofcom Fines Fapello $845,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 630,000 pounds (about $845,000) against adult website fapello.com for failing to comply with provisions of the Online Safety Act.

KiwiSourcing Joins Pineapple Support as Sponsor

Outsourcing and consulting firm KiwiSourcing has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

AdultHTML Introduces AI-First Development Services

AdultHTML has introduced an AI-first development service, giving clients access to experienced software developers who use AI to streamline software development.

Texas Court Orders Adult Site Domain Locked for AV Violations

A district court in Texas has issued a writ requiring domain registry Verisign to “lock” an adult website’s domain over noncompliance with the state’s age verification law.

Adult Web Hosting Service 'QloudHost' Launches

QloudHost, a new web hosting service for adult websites, has launched.

Peter Hooke Launches New Paysite

Peter Hooke has launched an official website through PAYSITE.

Show More