ALS Scan's Infringement Suit Against Cloudfare Allowed to Continue

ALS Scan's Infringement Suit Against Cloudfare Allowed to Continue

LOS ANGELES — A Los Angeles federal judge yesterday sided with adult publisher ALS Scan and denied content delivery network provider Cloudfare Inc.’s motion for summary judgment in a long-running copyright infringement case.

ALS Scan, in its lawsuit, has accused Cloudfare — one of the leading CDN and DDoS protection services used by millions of websites across the globe — of various types of copyright infringement, noting that several customers used its servers to distribute pirated content.

While Cloudflare has managed to pare several counts from the complaint, the accusation of contributory copyright infringement still remains on the table.

U.S. District Judge George Wu in his ruling yesterday said that Cloudfare as a CDN provider could have done “something simple” to stop infringers and substantially assisted infringements by hosting cached copies of files.

Wu, however, made no conclusions of fact, one way or another, as to whether any specific infringing images were created as cached copies.

Now the landmark case moves on to jurors to decide whether Cloudfare is liable for damages.

ALS Scan suit, initiated in mid 2016, originally named two other defendants, as well — adult ad network Juicy Ads and cloud computing company Hebergement OVH Inc. But Wu granted their motions to dismiss and both companies were pared from the case.

Wu, in yesterday’s ruling, focused primarily on whether there are simple measures that could have prevented further infringement once Cloudfare was notified.

Cloudflare earlier argued that there are no simple measures it could take in response to alleged infringements. Removing a cached copy based on a takedown notice is not an option because that leaves sites and users vulnerable to malicious attacks, its lawyers said.

Wu, however, was dismissive of whether measures by the CDN couldn’t be taken.

“Both sides also devote significant argument to the technological feasibility of Cloudflare implementing a system by which it could keep certain images out of its cache, or off its network,” Wu wrote in his ruling.

“Much of this discussion is unnecessary to resolve the issue at hand. The simple answer as to whether Cloudflare could have done something simple to stop the infringement is ‘yes’: Cloudflare can, but does not, end its business relationship with websites that it knows (or arguably knows) are serial infringers.”

“Cloudflare’s response to this obvious step is to contend that the internet would be a more dangerous place if it withheld its services from sites like BestOfSexPics.com and CumOnMy.com,” Wu wrote. “While that may or may not be the case, if Cloudflare’s logic were accepted, there would be no web content too illegal, or dangerous, to justify termination of its services.”

“While Cloudflare may do amazing things for internet security, the court would have a hard time accepting that Cloudflare’s security features give it license to assist in any online activity. In sum, the court would not grant defendant’s motion for summary judgment based on these grounds.”

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

Arcom to Expand AV Enforcement to Smaller Adult Sites

The president of French media regulator Arcom revealed on Thursday that the agency plans to escalate its enforcement of age verification rules to include smaller adult sites, starting in late 2025 or early 2026.

AEBN Publishes Report on MILF, Cougar Trends

AEBN has published a report on MILF and Cougar categories from its straight theaters.

Pornhub to Shut Down Access in Arizona Over Age Verification

Aylo will geoblock Pornhub across Arizona starting Sept. 26, when the state’s age verification law, HB 2112, goes into effect.

Flirtback Launches Zcash Crypto Payment Solution

Creator platform Flirtback has launched its Zcash (ZEC) crypto payment solution.

Vixen Media Group Appoints Samuel Spencer as President, COO

Vixen Media Group (VMG) has named industry veteran Samuel Spencer as its new president and chief operating officer.

French Telecoms Mogul Ignites AV Firestorm With Free VPN, Sarcastic Tweet

French billionaire Xavier Niel, founder of telecommunications giant Iliad, sparked a heated debate this week when he appeared to admit that the company's Free Mobile wireless carrier integrated no-cost VPN into its service specifically to circumvent age verification restrictions on adult content.

UPDATED: Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Taliban Restricts Access to Adult Content by Shutting Down Internet

The Taliban has shut down internet access across a large portion of Afghanistan in a move to prevent what it deems "immoral activities."

Go.cam Adds Video Spoofing Protection for AV

Go.cam has announced that its verification solution now features security against video spoofing.

SexLikeReal Releases 'VR Self-Care' Guide

SexLikeReal (SLR) has published a blog post spotlighting “VR Self-Care.”

Show More