CHICAGO — FlavaWorks has filed suit against web host Voxel.net for failing to remove porn file sharing and social video bookmarking site MyVidster.com from its servers despite sending out several DMCA notices.
Meanwhile, a U.S. District Court is expected to make a decision soon in FlavaWorks’ copyright and trademark infringement lawsuit against Marques Gunter, owner of MyVidster.com.
Last fall, FlavaWorks filed the suit against Gunter claiming that that he created a social networking website through which site members can bookmark and store video files of copyrighted material directly to MyVidster.com and/or post links to third party websites.
FlavaWorks said Gunter testified that MyVidster is not a porn site but later stated that “over 60 percent of the content is pornographic.”
Gunter said he has more than 80,000 members, according to FlavaWorks, which has sent dozens of DMCA take down notices and identifying repeat infringers on MyVidster.com.
FlavaWorks said that despite its attempts to remove these customers, Gunter hasn’t cooperated with the removal requests. Gunter said that none of his members have violated the DMCA and none of his users are repeat infringers.
“The sheer arrogance of Marques Gunter astounds me,” Flava Works’ CEO Phillip Bleicher said. “Gunter believes he’s legally protected because if copyright protected files are available elsewhere, they are fair-use. His reasoning is delusional.”
Gunter declined to comment to XBIZ but cited a recent review of the case suggesting that case law provided no support for direct copyright infringement based on FlavaWorks' allegations.
The review further stated that allowing users to store files is not direct copying, which requires willful conduct causing a copy to be made.