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 © 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

Jim Powers on Shooting Fast, Staying Weird and Never Phoning It In

The Santa Ana winds are blowing as we drive through the gate of Tommy’s Funhouse, the legendary mountaintop porn house in Newbury Park, California. Inside, we find director Jim Powers in the middle of a typical shoot day.

Fast-Tracked Arizona Bill Includes Consent 'Catch-22' for Adult Sites

A bill advancing rapidly through the Arizona state legislature would impose new requirements for adult content uploaded online, including seemingly contradictory provisions that could effectively make it impossible for adult sites to operate in the state.

VirtualRealPorn Launches New WebXR Site

VirtualRealPorn has officially launched its new site, powered by Web Extended Reality (WebXR).

'MyAsianGFs' Launches Through Paysite.com

MyAsianGFs.com has officially launched through Paysite.com.

Corey Silverstein to Host Webinar on North Carolina Age Verification Thursday

Adult industry attorney Corey D. Silverstein has announced his latest "Legal Impact" webinar, titled "North Carolina AV Law — Content Creation Issues," to livestream Thursday at 4 p.m. (EST).

Ofcom Fines 8579 LLC $1.8 Million for AV Noncompliance

U.K. media regulator Ofcom on Monday imposed a fine of 1.35 million pounds (more than $1.8 million) against adult site operator 8579 LLC for failing to implement age checks as required for compliance with the Online Safety Act.

Pearl Industry Network Launches 'TrustLink' Creator Verification Platform

Trade group Pearl Industry Network (PiN) has launched TrustLink, its free creator verification platform.

UPDATED: Supreme Court Rejects Tariffs, Trump Responds

The U.S. Supreme Court on Friday ruled against the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry, prompting the president to announce a new tariff strategy as a workaround.

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Cherie DeVille Joins Woodhull Freedom Foundation 'Free Speech' Panel

Multi-XMAs winner Cherie DeVille will join the upcoming Woodhull Freedom Foundation panel series "Fact Checked by Woodhull," addressing free speech on Feb. 26.

Show More