LOS ANGELES — Playboy Enterprises Inc. on Tuesday sued the operator of BoingBoing.net, alleging the website published every centerfold photo the magazine ever published without permission.
The $71.5 million infringement suit filed at Los Angeles federal court claims that BoingBoing.net generated advertising revenue as a result of the availability of an article with accompanying photos titled, “Every Playboy Playmate Centerfold Ever.”
The number of infringed copyrighted centerfolds claimed in the suit is 477, Playboy lawyers said.
The suit includes an exhibit list of monthly centerfolds allegedly published from April 1960 to January 2016.
Playboy, in the suit, is asking for $150,000 in damages per infringement, for a total of $71,550,000 in damages against BoingBoing’s operator, Happy Mutants LLC.
“[D]efendants … have obtained direct and indirect profits they would not otherwise have realized but for their infringement of the subject works. As such, plaintiff is entitled to disgorgement of defendants’ profits directly and indirectly attributable to defendants’ infringement …,” the suit said.
BoingBoing.net was established in 1995 and later became an influence in the “cyberpunk subculture.” By 2004, the site, which focuses on technology, entertainment and culture, started incorporating advertising.
BoingBoing Publisher Jason Weisberger did not immediately respond for XBIZ comment regarding the suit. Playboy attorney Stephen Doniger also did not immediately respond for comment.
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