FlavaWorks Sues Web Host Voxel.net

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.

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

Fanso.io Expands Payment Options With Centrobill Partnership

Payment services provider Centrobill and turnkey subscription platform builder Fanso have partnered to enhance payment options for online marketplace businesses using the Fanso script.

Sara Jay, Dan Leal to Co-Host Heineken Brewery Tour, XBIZ Amsterdam 'Performers' Rights' Panel

Sara Jay and "Porno" Dan Leal will co-host a tour of the historic Heineken brewing factory on Tuesday, Sept. 3 at 1 p.m., during the XBIZ Amsterdam conference.

Vixen, Julmodels to Host 'Club Vixen' Party at XBIZ Amsterdam

Vixen Media Group and premier European talent agency Julmodels will once again team up to host a lavish party at XBIZ Amsterdam: Club Vixen, set to take place the evening of Sept. 4.

Cherie DeVille Lambasts Laila Mickelwait's Anti-Pornhub Book in New Op-Ed

2023 XBIZ Performer of the Year Cherie DeVille has penned a new opinion piece for The Daily Beast, about a new book by religiously motivated anti-Pornhub crusader Laila Mickelwait.

TheArtemiXXX Launches Through YourPaysitePartner

Content creator Artemis Spiegel has launched his new site, TheArtemiXXX.com, through YourPaysitePartner (YPP).

Federal Prosecutors Seek 20-Year Sentences for Remaining Backpage Defendants

Federal prosecutors asked on Monday that the three remaining defendants in the protracted Backpage.com case in Arizona be sentenced to 20 years in prison each.

AI-Powered Chat Service 'Fanalytics' Launches

AI-powered chat service Fanalytics has debuted, aimed at OnlyFans content creators and agencies.

AEBN Publishes Popular Searches by Country for June, July

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during June and July.

Sansyl to Host 'All Out' Opening Night Bash at XBIZ Amsterdam

The Sansyl Group, the Dutch parent company of PayBig, has signed on to sponsor the official opening night party of XBIZ Amsterdam.

FSC: California's Porn Age Verification Bill Defeated Over Budget Concerns

The California legislature’s age verification bill, one of numerous AV bills being sponsored around the country by anti-porn activists, will not be moving forward, Free Speech Coalition reported Tuesday.

Show More