Infringement Case Against Porn.com Is Tossed; MetArt Vows to Appeal

Infringement Case Against Porn.com Is Tossed; MetArt Vows to Appeal

PHOENIX — A federal judge has dismissed copyright infringement claims made by the parent company of the MetArt Network against the companies that operate and are affiliated with Porn.com.

In a decision made this week, U.S. District Judge David G. Campbell ruled that MetArt had no jurisdiction over the Seychelles-based Porn.com or any of the other foreign entities and individuals named as defendants.

Those entities and individuals include an owner of Porn.com who is a resident of Seychelles; Sagan Ltd., a company based in Seychelles; MXN Ltd., based in Barbados; and Netmedia Services Inc., based in Canada.

MetArt, which filed the infringement suit in May 2016, alleged that Porn.com and its defendants engaged in a practice called “scraping,” by which entities aggregate on their own, user information and videos from other websites, then create a façade that those users exist on their own website and upload the videos to their websites directly.

Porn.com was alleged to have displayed four of MetArt’s movies over four separate Porn.com URLs. Porn.com claimed that the poached videos were uploaded by third-party users.

Campbell, in an order made this week, granted the defendants’ motions to dismiss and terminated the case on the issue of personal jurisdiction.

“Plaintiffs have failed to show that foreseeable harm occurred in the forum as a result of defendants’ conduct giving rise to this suit, and therefore have failed to satisfy the purposeful direction element of personal jurisdiction analysis,” Campbell wrote.

Campbell also said that MetArt cited no authority in support of its argument to show that the company, as a Cyprus corporation, was harmed in the U.S.

“Plaintiffs have provided no more than bare bones assertions to support of the claim that they have operations in the U.S. or that the foreseeable harm to them in the U.S. was jurisdictionally significant,” Campbell wrote.

“Accordingly, the court finds that, even assuming that the operators of Porn.com intentionally acted in a manner targeting the U.S., plaintiffs have not sufficiently shown that foreseeable harm occurred to them in the forum.”

The dismissal marked a loss for Hydentra, the parent company of MetArt, which has brought copyright claims against website operators in courts around the U.S.

Val Gurvits, Porn.com’s attorney in the litigation, said in a statement today that the dismissal sent an important message.

“We always saw this case — and the others brought by [MetArt] — as being little more than copyright-trolling,” Gurvits said. “Porn.com respects intellectual property rights of others, and we were very confident that we would have prevailed on the merits of this claim, had it proceeded past this point, but we were also confident that there was no jurisdiction over Porn.com or any of the other defendants within the U.S. We were pleased that the court agreed with us on this point.

Gurvits went on to say that MetArt’s parent company “brings these cases in the U.S. simply because they believe they can bully the defendants into paying a settlement rather than defending the claims.”

“We don’t bully so easily,” Gurvits said.

In a statement made to XBIZ, MetArt co-owner Niko said that his company has taken a stand on piracy and will continue to do so. Niko also said that MetArt will be appealing Campbell’s ruling in the case.

“We will always aggressively enforce the theft of our content,” Niko said. “They argued jurisdiction and for the moment won the right to avoid the U.S. As a studio, we have to protect ourselves from pirates.

"We look forward to the appeal where we can actually address the claims. This case is not over.” 

View ruling

Related:  

Copyright © 2025 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

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Teasy Agency Launches Marketing Firm

Teasy Agency has officially launched Teasy Marketing firm.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

MintStars Launches Debit Card for Creators

MintStars has launched its MintStars Creator Card, powered by Payy.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

RevealMe Joins Pineapple Support as Partner-Level Sponsor

RevealMe has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

OnlyFans Institutes Criminal Background Checks for US Creators

OnlyFans will screen creators in the United States for criminal convictions, CEO Keily Blair has announced in a post on LinkedIn.

Pineapple Support to Host 'Healthier Relationships' Support Group

Pineapple Support is hosting a free online support group on enhancing connection and personal growth.

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

Show More