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

Studio Vanniall Signs Exclusive Partnership Deal With PAYSITE

Studio Vanniall has signed an exclusive partnership deal with PAYSITE.

AEBN Publishes Popular Searches by Country for June, July

AEBN has released the list of popular searches from its straight and gay theaters, by country, for June and July.

Appeals Court Upholds Section 230 Immunity in XVideos Case

The U.S. Court of Appeals for the 9th Circuit has upheld a lower court’s ruling that Section 230 protects WebGroup Czech Republic from liability in a case involving user-uploaded CSAM on its tube sites.

Aylo Moves to Settle Two 'Children of Pornhub' Class-Action Lawsuits

Aylo has agreed to terms for a settlement with the plaintiffs in two long-running class actions over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Tigerlilly Launches 'SugarCoatedSweethearts' Through PAYSITE

Tigerlilly has launched SugarCoatedSweethearts.com through PAYSITE.

ASACP Marks 30-Year Anniversary

ASACP is celebrating 30 years of operation, during which it has received over 1.3 million reports from web admins and the public about suspected child pornography.

AEBN Announces Isiah Maxwell as Top Male Boy/Girl Performer for Summer 2026

AEBN has revealed its top 10 male Boy/Girl performers for summer 2026, with Isiah Maxwell landing atop the leaderboard.

JMan Launches AI Companion Solution for Adult Websites

Online industry veteran JMan has launched Orkestrait, an AI companion solution designed specifically for adult websites.

Johnny Sins Launches 'Fangate' Platform for Account-Free Content Sales

Johnny Sins has officially launched Fangate, a platform that allows creators to sell content directly to fans without requiring a user account or subscription.

TSBlondieNYC Launches Official Website Through PAYSITE

TSBlondieNYC has launched an official website through PAYSITE.

Show More