On Friday, a federal judge signed off on a motion to dismiss the case with prejudice, ending a legal saga that lasted several years, included about 300 court filings and was litigated by numerous attorneys on both sides, some of which for one reason or another were thrown off the case.
Kertesz, who claimed in a federal lawsuit that she never signed a release upon entering a CollegeWildParties shoot in March 2007, sued CollegeWildParties and its parent holding company, Ventura Content, over allegations of “photoshopped” pictures that ended up on online.
Quentin B, a spokesman for CollegeWildParties.com operator Ventura Content, told XBIZ that the company couldn’t reveal terms of the Kertesz accord.
"The terms of the settlement agreement are confidential; however I can say that we wanted to focus our energy on the lawsuit we recently filed against several major tube sites," he said.
The case has its roots based on the evening prior to Kertesz’s 21st birthday, when she held a birthday party for herself and others and later traveled down the street to a CollegeWildParties video shoot.
CollegeWildParties said that Kertesz gave her implied consent by interacting with the camera and remaining at the shoot for more than 10 minutes.
Testimony later revealed that Kertesz had previously used a friend’s ID to gain access to bars and club while she was under 21. The day after the video shoot, the friend asked Kertesz via Facebook for her ID back.
After the video shoot, Kertesz’s image, along with others, was placed on CollegeWildParties.com. According to testimony, the image was on the site for about 30 days.
The online photos, Kertesz claimed, included “her head and face seen smiling while viewing a male and female engaging in sodomy. Upon closer inspection however, it is apparent that plaintiff’s head and face were cropped or ‘photoshopped’ from a separate image and strategically placed on the banner to appear as if she was watching the couple at the time it took place.”
