Pink Visual Asks U.S. Supreme Court to Decide DMCA Case

Pink Visual Asks U.S. Supreme Court to Decide DMCA Case

WASHINGTON — The parent company of Pink Visual, once a commanding web platform for original adult content, has filed a petition with the U.S. Supreme Court to review its copyright infringement lawsuit against adult tube site Motherless.com.

The decision to seek a high court review comes after Pink Visual’s parent, Ventura Content, was denied a rehearing at the 9th U.S. Circuit Court of Appeals after it sued Motherless after 19 copyrighted films, including 33 scenes, owned by the web platform, were found on the adult tube site.

The case was dismissed in 2013 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.

Pink Visual, in its suit, alleged Motherless.com hadn't “reasonably” implemented effective procedures, including expelling repeat infringers, for dealing with DMCA-complaint notifications over stolen content. It contended in court proceedings that Motherless.com wasn’t merely a passive receptacle of postings over which it exercises no control.

But the 9th Circuit rejected Pink Visual’s contention that Motherless.com exercised such tight control over the content that it, and that its third-party users were responsible for the postings.

In its petition for a writ of certiorari filed at the U.S. Supreme Court last week, Pink Visual’s counsel, Peter Afrasiabi, said that federal courts are creating “a new monster” by allowing full immunity to online pirates.

“The lower courts, acting out of a fear of derailing the internet’s development have instead given birth to a new monster: the online service provider publisher that is brazenly rich only from others’ content, never pays for any content it publishes, knows the content is infringing, has full control over what is published on its platform, does not have to terminate known repeat infringers because unwritten ‘I know repeat infringement when I see it’ policies suffice, and thus enjoys full immunity from copyright law,” Pink Visual’s counsel wrote in the petition.

“It is time for this court to bring balance to the DMCA, which never intended, nor facially permits, such staggering dissonance between online and offline liability standards.”

Pink Visual in the petition told U.S. justices that review of the case is warranted because a split exists in U.S. appeals courts on the meaning of a “reasonable termination policy for repeat infringers” under 17 U.S.C. § 512 (i), which spells out conditions for eligibility in regards to liability relating to material online.

It also said that review is warranted on 17 U.S.C. § 512 (c) over liability in regards to where information resides on systems and networks.

“Because the 9th Circuit has eviscerated the principle that actual and apparent knowledge of mass infringing activity using one’s wares serves as a basis for copyright liability of Grokster,” Pink Visual said in the opinion.

The high court’s ruling in Grokster held that peer-to-peer file sharing companies can be sued for inducing infringement for acts taken in the course of marketing file-sharing software.

At post time, U.S. justices have not determined they will take the case. If the court does take the case, it would be the first time justices have reviewed the DMCA.

View petition

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

SCOTUS Won't Hear Appeal in NYC Adult Businesses Zoning Case

The U.S. Supreme Court has declined to hear an appeal by a group of adult businesses 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.

AEBN Publishes Popular Searches for November, December

AEBN has published the top search terms for November and December from its straight and gay theaters in all 50 states and the District of Columbia.

Stephanie Love Stars in Latest From Evil Angel

Stephanie Love stars with directors/performers Francesca Le and Mark Wood, aka LeWood, in “Stephanie & Francesca Anal 3-Way,” from Evil Angel.

Cherie DeVille Stars in Latest From Brazzers

Multi-XMAs winner Cherie DeVille stars with Mike Ox in the latest Brazzers scene, titled “Trespassing Her Yard.”

Natasha Nice Headlines 'Cheating With My Wife 3' From Sweet Sinner

Natasha Nice headlines "Cheating With My Wife 3," the latest release from Mile High Media studio brand Sweet Sinner.

X3 Expo Day 2 Delivers Stars, Screenings and Fan Favorites

The sun once again shone brightly on the historic Hollywood Palladium as throngs of avid fans made their way through the doors, ready to experience Day 2 of the 2026 X3 Expo.

X3 Expo Kicks Into Gear With an All-Star Lineup

Outside the historic Hollywood Palladium on Friday, a huge crowd of fans lined Sunset Boulevard, eagerly awaiting the opening of the 2026 X3 Expo and their big chance to meet the cream of the crop of adult stars.

2026 XBIZ Honors Salutes Resilience Across the Online Adult Industry

The 2026 XBIZ Honors packed house Wednesday night, turning the Kimpton Everly Hotel’s Nichols Ballroom into a gala celebration of industry excellence.

Zara Makes Her Studio Debut for Blacked

Newcomer Zara has made her studio debut for Vixen Media Group studio imprint Blacked, alongside Anton Harden.

Elevated X Integrates CCBill for Payment Processing

Elevated X has added CCBill payment processing integration to its ELXNexus traffic management and affiliate software.

Show More