XonDemand Says Private Got Paid, Never Terminated Contract

HATBORO, Pa. — XonDemand says it never received a termination letter, all the while paying commissions to Private Media Group, in a response to a suit filed against the company.

XonDemand, according to attorney Clyde DeWitt, now seeks to have the case thrown out.

Private contends in the suit filed in August that XonDemand streamed content for more than three years after a 50 percent revenue-sharing contract was terminated in 2007 between the two companies.

The Barcelona-based company said it discovered in May that XonDemand was "committing over 30 separate instances of copyright infringement and over 1,000 separate and distinct instances of trademark infringement" by continuing to rent Private videos by the minute or flat rate.

But DeWitt told XBIZ that Private never gave notice that it was terminating its contract with XonDemand and that the Private "continued to accept payments for commissions for over a year and a half after the alleged termination."

"They claim to have terminated the relationship, but kept cashing the commission checks, which begs the question, 'Why didn’t they send the checks back?' ” DeWitt asked.

DeWitt filed a motion for summary judgment this week to have the case thrown out.

"All of the content licensed to XonDemand by Private [through its Fraserside Holdings division] was removed from the XonDemand library in July 2010, immediately after someone at XonDemand learned of this lawsuit," the motion said. "XonDemand had no knowledge of any termination notice prior to then."

Private has yet to respond to DeWitt's motion for Hatboro, Pa.-based XonDemand, but the company plans on contesting the latest response.

Jason Tucker, Private's intellectual property enforcement agent, told XBIZ he couldn't elaborate on Private's response to the court but said, "We don't file blind cases. There's more to it."

Copyright © 2025 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

New Fansly Analytics Platform 'SlyKiwi' Launches

SlyKiwi, a new analytics platform exclusively designed for Fansly content, has officially launched.

FPNCash Appoints Kimi Evans Head of Business Development

FPNCash has appointed Kimi Evans as its new head of business development.

CamModelDirectory Launches Platform Upgrade

CamModelDirectory has launched its CMD 3.0 platform upgrade.

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 in June and July.

Playboy to Move Global HQ to Miami Beach

Playboy announced today that it will be moving its global corporate headquarters from Los Angeles to Miami Beach.

Bellesa Plus Names Magalie Rheaut as Chief Growth Officer

Bellesa Plus has named Magalie Rheaut as its Chief Growth Officer.

PASS to Relaunch Performer Subsidy Fund

PASS has announced that it will relaunch the Performer Subsidy Fund (PSF) to cover sexually transmitted infection (STI) test panel costs for up to 10 people each month.

Pineapple Support Taps Austin Ponce as Brand Ambassador

Pineapple Support has named Austin Ponce as its newest brand ambassador.

Taylor Vixxen Stars in New DezyRed Interactive VR Game

Taylor Vixxen stars in an interactive VR game from DezyRed.

XBIZ Amsterdam's Jakarta Hotel Sold Out, Additional Hotels Announced

Guest rooms at XBIZ Amsterdam’s host conference venue, Jakarta Hotel, are now completely sold out.

Show More