Split Appeals Ruling Against AMA in International Copyright Case

Split Appeals Ruling Against AMA in International Copyright Case

SAN FRANCISCO — A three-judge U.S. Court of Appeals panel issued an unusual set of four separate opinions yesterday in a copyright enforcement case involving AMA Multimedia in the U.S. and the Poland-based owners of tube site ePorner.com, highlighting the complex intricacies of trying to enforce digital copyrights across international jurisdictions.

The 2-1 majority decision ended up favoring Marcin Wanat, the Polish owner of ePorner, over the plaintiff, U.S.-based copyright holder AMA Multimedia.

AMA Multimedia is the operator of more than 20 adult membership sites, including Passion-HD.com, Tiny4K.com and PornPros.com. The company has been waging legal battles against several sites — most prominently Porn.com — which they claim have pirated their content.

In 2015, AMA initiated the lawsuit that resulted in yesterday’s appeals decision. Originally filed against the unknown owners of ePorner, AMA obtained discovery revealing that Polish national Marcin Wanat operated the allegedly infringing site.

As legal news site Law.com reported, although ePorner “describes itself as a hub for users to contribute adult content, AMA alleges that Wanat and other ePorner operators personally upload content, sometimes adding an ePorner watermark to obscure AMA’s watermark.”

ePorner, Law.com explained, “doesn’t charge for views, but instead serves ads using a third-party that geolocates them by country, so that U.S. viewers see ads in English, French viewers see adds in French and so on. About 20% of ePorner’s views come from the United States, which AMA alleges is by far the largest segment globally.”

AMA had appealed before the Ninth District a lower court decision establishing that U.S. federal courts lack personal jurisdiction over Polish national Wanat.

Three Judges, Four Opinions

Two of the three appeals judges, Ryan Nelson and Sandra Okuta, agreed that federal courts lack personal jurisdiction over Wanat (Opinion No. 1).

The third judge, Ronald Gould, dissented (Opinion No. 2).

But, as Law.com points out, “the Ninth Circuit’s agreement in AMA Multimedia v. Wanat ended there. Nelson wrote in a separate concurrence to his own opinion that ‘perhaps the door remains slightly open’ for U.S. District Judge Roslyn Silver of the District of Arizona to consider the effect of intervening law — Europe’s General Data Protection Regulation in particular — that was enacted during the pendency of the appeal” (Opinion No. 3).

Okuta disagreed with Nelson, stating that for her the appeals ruling “means this case is over” and Judge Silver “now has the authority to do only one thing,” that is “remove the case from her docket” (Opinion No. 4).

Concern for Copyright Holders

Battleship Stance’s Jason Tucker — a veteran industry expert whose copyright management and enforcement clients include many notable players in the adult industry — told XBIZ that the 2-1 ruling would mean adverse effects for copyright protection across borders.

“The dissent was right,” Tucker said. “It’s not complicated. Wanat, ‘continuously and deliberately exploited’ the U.S. market. The site operators make money from U.S. based users, using U.S. vendors and pirated content.”

Copyright holders, in any industry, Tucker continued, “should be concerned if this ruling holds because the court opined that in certain circumstances, a Polish based pirate can steal and profit in the U.S. without consequences. Looking forward to an En Banc review."

Judge Gould left the door open for such a development, suggesting in his dissent that the full Ninth Circuit should consider the entire ruling En Banc.

“The United States has a strong interest in enforcing federal intellectual property laws and providing redress for injuries felt within its borders,” Gould wrote.

En Banc, French for "on the bench,” is a legal term for a session in which all judges of a particular court hear a case. 

AMA v. ePorner

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

Clips.com Launches Lifetime Creator Referral Program

Recently launched creator platform Clips.com has introduced its new lifetime creator referral program.

BranditScan Rolls Out 'Leak Detection' Update

BranditScan has updated its Leak Detection feature for OnlyFans creators.

Arcom Targets 31 Adult Sites Over Age Verification

French media regulator Arcom on Wednesday announced that it is taking action against 31 adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

AEBN Publishes Popular Searches for May, June

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

ChatGains Joins Pineapple Support as Partner-Level Sponsor

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

New 'PROTECT Act' Would Make North Carolina Rules for Adult Sites Federal Law

Senator Mike Lee of Utah on Thursday introduced legislation that would impose strict new federal rules on adult sites and platforms, strongly echoing similar regulations imposed last year in North Carolina.

New Creator Platform 'UpTopModels.com' Launches

Producer Trey UTM has launched the new creator platform UpTopModels.com through MyMember.site.

Segpay Names Tom John CTO

Segpay has appointed Tom John as its new Chief Technology Officer.

JustFor.fans Launches Curated 'Tom of Finland' Section

JustFor.fans (JFF) has launched a curated section based on artist Tom of Finland's work, featuring creators inspired by it.

Dutch Police Raid Servers Hosting 'Motherless' Website

A Dutch National Police Corps cybercrime team on Tuesday conducted raids on hosting companies in three cities, seizing servers owned or used by controversial adult website Motherless, as part of an investigation into possible illegal content.

Show More