Adult Tube Site Operators Deny $29M Claim Waged by 3 Studios

SAN FRANCISCO — The website operators hit with a $29 million lawsuit waged by Channel One Releasing, Corbin Fisher and Titan Media on Tuesday denied responsibility to more than 200 infringement claims.

The three gay adult studios teamed up in March against U.K. residents Steven and David Compton, who operate JerkYourTube.com, GayForIt.com and ItsAllGay.com, which all allow surfers to upload content.

The Comptons, in a response to the plaintiffs on Tuesday, said that their companies are immune from civil liability because they operate as an Internet service provider under the safe provisions of the Digital Millennium Copyright Act.

The Comptons also contend in their responses that they can't be sued in the U.S. because it is an "inconvenient forum" because they operate as an England-based company.

Two of the attorneys working for plaintiffs blasted the Comptons' 18-page response on Wednesday.

"We are not surprised that the Comptons find it 'inconvenient' to be sued for millions of dollars," Corbin Fisher General Counsel Marc Randazza told XBIZ. "I'd find that inconvenient too. But, the Comptons did not find it 'inconvenient' to steal from American companies, nor did they find it 'inconvenient' to cash the checks for the money they made off of this theft."

Gill Sperlein, Titan Media's general counsel, said he too wasn't surprised by the Comptons denial of claims.

"They continue to deny their responsibility in the mass infringement of gay content," Sperlein told XBIZ. "The truth is they could prevent infringing material from being added to their websites, but they elect not to.

"Rather they encourage the infringing activity by rewarding individuals who upload content and then they sell the content through their monthly membership business model."

In the suit, the three U.S. studios contend that the Compton's business model follows a system where they require uploaders to "strip away any evidence that the content is a professional or copyright registered work by prohibiting any video that has the copyright owners’ titles, credits or watermarks."

"Defendants place their brand on plaintiff’s intellectual property as if it belonged to them," the original complaint says.

The Comptons not only are known as operators of the three similar-formatted sites, but the pair last year rolled out COP-CMS, a software program that proclaims to protect adult studios from copyright infringement.

Randazza said that Corbin Fisher initially was willing to forego the infringement suit if the Comptons agreed to certain caveats.

"All we asked for were two very simple and reasonable concessions: For them to block repeat infringers by IP address, and not by email address," he said. "If you block them by email address, the same asshole just goes and gets another free gmail account and continues to steal our materials.

"We also asked that they provide some way to identify the people who were stealing our content. They decided that this would crimp their style too much — and I can imagine that it would.

"If their websites blocked all repeat infringers, their site would look like a barren wasteland. And that illustrates the point we are trying to make — if you have a business that can't survive without theft, then you need to change your business or go out of business."

The Comptons attorney, Oceanside, Calif.-based Jonathan Capp, did not immediately respond to XBIZ for comment on Wednesday.

Copyright © 2024 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

Child Protection, Civil Liberties Groups File Amicus Briefs in Support of FSC Court Petition

Several child protection and civil liberties groups have filed amicus briefs in support of the Free Speech Coalition's (FSC) petition to the Supreme Court.

Woodhull Urges the Supreme Court to Find Texas AV Law Unconstitutional

The Woodhull Freedom Foundation and the Electronic Frontier Foundation submitted a brief to the United States Supreme Court on Thursday, urging the justices to rule against Texas’ age verification law.

AEBN Publishes Popular Searches for March and April

AEBN has released the top search terms for the months of  March and April from its straight and gay theaters in all 50 states and the District of Columbia.

2024 XBIZ Creator Awards Winners Announced

Winners of the 2024 XBIZ Creator Awards were revealed Wednesday evening during a live ceremony at E11EVEN Nightclub in Miami, Florida. The event, presented by Fansly, was hosted by Siri Dahl and Little Puck.

'90s Japanese Performer Sues to Remove Titles from Streaming Site

Former Japanese performer Miyuki Ariga is suing the Fanza adult streaming site at the Tokyo District Court to remove four titles in which she appeared in 1994.

Free Speech Coalition Asks Court to Block Montana AV Law

The Free Speech Coalition (FSC) has asked the US District Court of Montana to block the state's new age verification law.

Segpay Launches Virtual 'Segcard' Creator Payout Solution

Segpay has updated its Segcard creator payout option by offering a new, virtual version.

Leading Conservative Think Tank Slams 5th Circuit for Upholding Texas Age Verification Law

Leading conservative think tank the American Enterprise Institute has published an opinion piece penned by one of its senior fellows criticizing the 5th Circuit endorsement of Texas’ controversial age verification law.

OpenAI Shuts Down AI-Generated Porn Rumors

A spokesperson for OpenAI, the company behind ChatGPT, has shut down online chatter about how a rumored relaxation of the company’s stance against AI-generated NSFW content may result in a lifting of its porn ban.

9th Circuit Upholds Verdict Against Oregon College for Discriminating Against Former Adult Performer

The 9th U.S. Circuit Court of Appeals on Monday upheld a 2022 Oregon jury’s verdict in favor of Nicole Gililland, a former nursing student who sued her school for discriminating against her because of her adult performer past.

Show More