Quick Index
 Adult Industry News
Search AINews Database
Type Keyword or Phrase Here
Advertise with AINews Pornography feminists unshackle their desires and celebrate their sexuality in the patriarchal world
   
 

Front Page
Film News
Media News
Business News
Clubs & Appearances
Law & Politics
Internet & Mobile News
Lifestyles Arts Health Charity
Letters to the Editor
Columns
Movie Spotlight Reviews
Interviews
Pornstar Pages
AINews Staff
Ad Rates
PR 101: Press Release Service

Porn for GEEKS! Meet me & my friends!

Eva Angelina at Twistys

December 11, 2007 07:10am
Vivid Sues PornoTube
Source: Vivid PR
by: Company Press Release

(LOS ANGELES, CA) -- Vivid Entertainment Group, the world’s leading adult film producer, today sued Adult Entertainment Broadcast Network (AEBN) and related companies for unlawfully posting or allowing third parties to post copyrighted Vivid content on its "PornoTube.com" website and for failure to comply with certain provisions of the federal Child Protection and Obscenity Enforcement Act requiring proof of age of performers.

The suit filed in the U.S. District Court for the Central District of California names Data Conversions, Inc., which does business as AEBN and PornoTube.com, and also WMM, LLC, which also owns and/or operates PornoTube. AEBN is a Charlotte- based company that claims to be the "global leader in adult pay-per-view video." PornoTube is a free website featuring a variety of sexually explicit material.

Vivid requested a jury trial to hear its claims that the defendants "have used technological advancements to willfully infringe copyrights belonging to Plaintiff, depriving Plaintiff of the lawful rewards that accompany creativity, effort and innovation." the suit contends that the "defendant’s business plan depends on the uploading, posting, display and performance of copyrighted audio- visual works belonging to Vivid and others" and that the defendants "knowingly built a library of infringing works to draw Internet traffic" to its website.

Vivid contends that the PornoTube’s infringement causes "great and irreparable injury that cannot fully be compensated or measured in money," and noted that the law provides for damages up to $150,000 for each willfully infringed work. The suit asks for a permanent injunction to bar future infringement and damages of at least $4.5 million.

In addition to its copyright infringement claims, Vivid also requests damages for willful and fraudulent "misappropriation of the actors’ right of publicity" under California law, as well as for unfair business practices for unauthorized copying, reproducing, distributing and selling Vivid content.

A novel aspect of the suit is Vivid’s contention that by displaying clips of its films on PornoTube the defendants violate California law and engage in unfair business practices by failing to follow labeling requirements under the so- called 2257 provisions of the Child Protection and Obscenity Enforcement Act that require verification that all performers are over 18 years old.

"PornoTube and AEBN have exactly the same responsibility as any other adult content distributor or producer to obey U.S. copyright laws and 2257 regulations" according to Steven Hirsch, co-chairman of Vivid Entertainment. "Vivid spends enormous sums to copyright its content and to comply with the Child Protection and Obscenity Enforcement Act age verification process. PornoTube and AEBN have been getting away with a practice that unlawfully earns it millions of dollars at our expense."

"This action against PornoTube is groundbreaking," said Vivid’s attorney Paul Cambria. "AEBN and PornoTube are not exempt from their responsibility to comply with 2257 rules, and we will demonstrate in court that they are obtaining an unfair business advantage by violating this obligation."

"Vivid should not have to take responsibility for policing PornoTube on a minute by minute basis to protect its rights," Mr. Cambria said. "Vivid has already found dozens of violations of its copyrights, and AEBN needs to know that it cannot continue pilfering Vivid’s products no matter how they might reformat or reshape it. Once they put up any material on their site and fit it into their format, they are no longer just a ‘pass through’ medium—they have become producers or distributors under the law."

The copyright portion of the suit is similar to a $1 billion suit filed last March by Viacom (Nyse: Via) against YouTube. Viacom, the owner of MTV and Nickelodeon, accused YouTube of "massive intentional copyright infringement" by allowing 160,000 unauthorized Viacom clips to be uploaded onto YouTube. The case is currently being adjudicated in the U.S. District Court for the Southern District of New York.

Advertise with AINews

Related Stories

Related Sites - WARNING! Graphic Content

RavenBay02.3gp

2018 Gentlemen’s Club EXPO and Adult Nightclub & Exotic Dancer Awards Show

Top Stories

Sarah Vandella: Pushing my Boundaries

MWA: 12/10/18

MWA: 12/08/18

Reagan Foxx: A Ton of Fun

MWA: 11/28/18

MWA: 11/18/18

Depression in the Industry

Vanna Bardot: The Girl with the Braces

Scarlett Mae: Making Sex Feel Natural

MWA: 11/08/18

HardArt's Sexual Harassment Trailer

MWA: 11/07/18

HardArt Announces Sexual Harassment

Love in the Digital Age ~ Reviewer Rated

Being a Pornstar

Sexual Harassment Trailer

HardArt Lauches Website

OneStone Hub

E11EVEN, Nova Win at ED Expo

HardArt Rejects Director Sally Forth

MWA: 08/19/18

Stokely Cherry OTM

August Taylor MILF PoY Nom

Phoenix Divina Hooking

ED Expo Opening Party

Vickie Jay on VNALive

HardArt 3 Pic Deal

Iron Girls 6

Carmen Valentina NightMoves Nom

Dillion Harper at Expose

Texas, Monroe, Valentien to SEXPO

The Puppeteer

Urban X Voting Open

Brooklyn Chase in Madison

HardArt's Hypersexuals a Success!

TES Affiliate Conference

Jessica Johnson Hooking

MWA: 07/27/18

Vote Olive Glass, NightMoves

Attn: Club Owners, Managers, Staff, Entertainers

2018 Inked Awards

Hard Art's Hypersexual

MWA: 07/25/18

Johnson Hosts Urban X

Dee Wallace at Horrorfest

MWA: 07/19/18 - XRCO

AirBnB Discriminates Against Sara Jay

Hard Art Shoots First

MWA: 07/21/18

Holly Hendrix at Exxxotica

Karen Fisher at Exxxotica

Carmen Valentina at Exxxotica

DomCon Registration Opens

Luna Star at Exxxotica

Elvira Receives Price Award

BSF Media Welcomes Sabrina Deep

MWA: 07/18/18

Jenevieve Hexxx Site Launch

Sex Expo NY 2018

MWA: 07/16/18

MWA: 07/15/18

Bush 7

Hard Art Signs Director

Pulse Inks Hard Art

MWA: 06/28/18

New Studio: Hard Art

XRCO Changes Venue

The Roast of April O'Neil

McCullough, Rai on Inside

Morgan, Foxxx CoHo XRCO

Big Ass Rubdown ~ Reviewer Rated

MWA: 05/03/18

MWA: 04/29/18

MWA: 04/28/18

Natasha Nice Free Agent

Holly Hendrix Self Booking

CDC: Undetectable HIV

2018 XRCO Nominees

YummyGirl

Natasha Nice Gangbang

Amateur Introductions 26

Sex Expo NY 2018

2018 XRCO Awards Announced

Anal Violation of Bonnie Grey ~ Reviewer Rated

Eros, a Short Film

Lee Signs Victoria June

Maxine X Voted #1

Czernich Releases Heavy Rubber 37

Legal Panel: Weinstein, #MeToo

Consent Checklist

Nice Girls Swallow 10

Paradise Wins Best Condom

Paradise, Astroglide StorErotica Nom

Paradise Marketing New Website

Dennis Paradise Inducted

More
Stories From

Law & Politics

APAG Investigates Abuse

Prop 60, Part One

Prop 60, Part Two

Official APAG Statement

Darling Running for Assembly

Possible Identity Theft

Bunny Ranch Special

Prop 60 Defeated

Tarts for Trump

Darcy Tyler Jailed

Weiner Offered Media Director

Julia Ann Against Prop 60

Pedophile Olympic Coaches Exposed

Law & Politics Section Index

Alice Polls Her Clients

What Prop 60 Really Is

IEAU Statement on Prop 60

FLOTUS Shatters Porn Search Records

Debbie Wasserman Schultz Offered $50K

Cruz Receives Porn Offer

Performers File Unpaid Wage Claims

Candidate Sex Tape Scandal

Donald Trump Porn Parody

Sex with Donald Trump

Hof Runs for Senate

Hookers for Hillary

Adult's Achilles Heel

AHF's Hidden Agenda

Pistol, Ross Talk Condoms

Modern Comstockery

Hof on Phoenix Hooker Bust

Cal/OSHA vs Evil Angel

Pornstar Graduates Law School

AHF Against AB 999

CraigsErotica Letter to Senators

Amazon Crushes Small Business

Letter of Equality

ASACP Service Recognition Award

Suit Filed Challenging Measure B

ASACP Ready For Internext

Octomom Loses Civil Suit

ASACP at XBIZ 360

Crakmedia ASACP Corporate Sponsor

Mo Reese Statement

CAM4 Newest ASACP Sponsor

Takedown Piracy Removes 10,000,000

Three Stooges Porn Controversy

Suing: Wasn't Sexy Enough

Lords of Acid Censored

Nate Glass on CNBC

     
Copyright © 1998 - 2018 Adult Industry News (AINews.com)
All materials constituting text, articles, press releases, stories, columns, photographs, graphics, and code on the AINews.com domain are protected by copyright, and either owned by Adult Industry News (AINews.com), or reproduced with permission from other copyright owners. It may be downloaded and printed for personal reference, but not otherwise copied, altered in any way, or transmitted to others, without the written permission of Adult Industry News (AINews.com).