Perfect 10's Zada: Refusal to Rehear Case Immunizes Automated Piracy

Perfect 10's Zada: Refusal to Rehear Case Immunizes Automated Piracy

LOS ANGELES — The 9th U.S. Circuit Court of Appeals today refused to rehear its previous decision in the case of Perfect 10 Inc. v. Giganews Inc., which alleged a newsgroup service provider was culpable in the piracy of adult content.

Perfect 10' s $25 million lawsuit accused Texas-based Giganews Inc. of direct and contributory infringement by allowing users to upload more than 165,000 erotic images owned by Perfect 10 and neglecting to remove them when notified.

A federal judge sided with Giganews in 2015 and ordered Perfect 10 to pay the Usenet service provider's $5.64 million in attorneys' fees and court costs defending the suit. 

But Perfect 10 appealed the decision, challenging the central issue of "safe harbor" as defined in the Digital Millennium Copyright Act.

In February, however, the 9th Circuit said that all of Perfect 10's arguments in the case lacked merit, upholding the multimillion-dollar judgment for attorneys’ fees.

Norman Zada, president of adult media company Perfect 10, told XBIZ today that the 9th Circuit decision “effectively immunized those who illegally copy, distribute and sell access to pirated movies, songs, images and other copyrighted works, as long as they use a computer to automate that process.”

Zada founded Perfect 10 as a softcore print magazine in 1997, and later integrated its adult content into the online world.

The brand, which continues to have a presence on the internet at Perfect10.com, stands behind a motto that says it all: "The world's most beautiful natural women." Perfect 10 was one of only three adult magazines allowed to be sold to the U.S. armed forces.

Zada said that the 9th Circuit’s refusal to rehear the case offers “substantial damage to this country’s movie and recording studios as a result of its ruling” because it upends copyright law by immunizing automated piracy.

“This ruling is very bad news for this nation’s creative industries and their employees, who need to be paid for the use of their works,” he said.

Zada said that Perfect 10’s evidence in the case “fell on death ears” with 9th Circuit judges.

“Despite receiving an amicus brief from the Recording Industry of America, which described defendants as blatant copyright infringers, the 9th Circuit nevertheless allowed them to continue to copy and sell access to roughly 25,000 trillion bytes of copyrighted works, virtually every imaginable movie, song, television show, computer game, software and image, without payment to, or permission of copyright holders.” 

Zada said that his only hope left is a request for review by the U.S. Supreme Court. But the nation's top court “rarely grants such requests,” he said. 

Related:  

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