XPays Alleges 2257 Violations in 'Hilton' BitTorrent Suit

LOS ANGELES — XPays has filed its second copyright infringement complaint against  BitTorrent users who are alleged to have shared the “Paris Hilton Sex Tape.”

The federal complaint filed yesterday at U.S. District Court at Los Angeles names 995 John Doe defendants and claims not only infringement but unfair business practices because the defendants are acting as "secondary producers" as it relates to 18 U.S.C. § 2257.

"By inserting unauthorized copies of [XPays' movie] into the BitTorrent program, defendants became 'secondary producers' of [XPays' movie] ... and they are subject to all of the requirements imposed on 'secondary producers' by the 2257 regulations," the suit said.

XPays in January filed a similar suit against 843 Does, but did not include language in its original complaint relative to possible 2257 violations among the Does.

XPays, which is represented by adult industry attorney Michael Fattorosi in both suits, received the green light in March from U.S. Judge James Otero to start asking ISPs to identify the Does' identities in the first XPays BitTorrent suit.

Fattorosi declined comment on the cases to XBIZ, citing that he doesn't comment on pending litigation he works on.

After XPays filed its January suit, the online adult company offered amnesty to anyone who wished to come forward to resolve their case anonymously. Surfers who illegally downloaded the “Paris Hilton Sex Video" could have resolved the matter for $500 at the time.

San Francisco-based XPays obtained the rights in 2004 to sell, market and otherwise exploit the Hilton video, also known as "1 Night in Paris," on the Internet. Red Light District has the exclusive rights for DVD distribution.

Monday's suit outlines the arrangement between XPays and Merlin Designs Ltd., which entered into a deal with Jim Salomon via Rick Salomon for the tape. The complaint also includes documents supporting the deal for the tape.

XPays is seeking injunctive relief, prohibiting each defendant from further infringing on its copyright, and damages from the Does.

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

Dirty Cinema Launches New Paysite 'MILFuckd'

Dirty Cinema has launched a new paysite, MILFuckd.com, on its network.

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

AEBN Publishes Popular Seraches by Country for September, October

AEBN has released its list of popular searches from its straight and gay theaters in all 50 states and the District of Columbia.

Avery Jane Featured on 'Adult Time Podcast'

Avery Jane is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills.

FSC: Kansas Law Firm Threatens Adult Site Over Age Verification

The Free Speech Coalition (FSC) has been notified that Kansas law firm Mann Wyatt Tanksley has sent a letter threatening an adult website with a lawsuit for breaking the state's age verification law.

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Trump Nominates Project 2025 Contributor, Section 230 Foe to Chair FCC

President-elect Donald Trump has nominated, as his pick to head the Federal Communications Commission, Brendan Carr — an author of Project 2025 who has called for gutting Section 230 protections.

Show More