Pink Visual Appeals DMCA Decision in Motherless Case

LOS ANGELES — Pink Visual on Wednesday filed an appeal with the 9th U.S. Circuit Court of Appeals over a federal court ruling last month that granted summary judgment to adult tube site Motherless.com.

Pink Visual sued Motherless last year after its employees found 19 copyrighted films, including 33 scenes, owned by Pink Visual's parent company, Ventura Content, on its site.

But last month U.S. District Judge Stephen Wilson ruled that Motherless' operators were entitled to the Digital Millennium Copyright Act's safe-harbor provisions as an Internet service provider.

As a result, Wilson terminated the case, granting Motherless summary judgment.

The gravamen of Pink Visual's charge in the case was that Motherless hadn't “reasonably” implemented effective procedures for dealing with DMCA-complaint notifications over poached content.

But in its defense and support of its contention that it had “reasonably” implemented their repeat-infringer policy, Motherless attorneys submitted evidence that they had terminated between 1,300 and 2,000 users for alleged copyright infringement.

Pink Visual, in response to that contention that Motherless kicked out repeat copyright thieves on an on-going basis, identified nine users — eight users who uploaded the 19 films at center of the case, as well as one other user — it alleged are infringers who should have been terminated but were not.

Wilson, however, said that "the DMCA requires only that the policy be 'reasonably'— not 'perfectly' — implemented, and thus “occasional lapses are not fatal to the service provider’s immunity.”

"Assuming plaintiff’s best case — that defendants identified, and terminated 1,300 repeat infringers  — defendants’ failure to terminate nine of these users (or less than .01 percent of recognized repeat infringers) is nothing more than an 'occasional lapse' in the implementation of its policy," Wilson ruled.

"Moreover, defendant was not required to terminate at least eight of the nine users identified," he ruled. "[A] service provider is only required to terminate a repeat infringer under 'appropriate circumstances.'"

Wilson said that although the DMCA does not clarify when it is "appropriate" for service providers to act, courts have consistently interpreted this phrase as requiring termination only when a service provider has sufficient evidence of a user’s “blatant, repeat infringement of a willful and commercial nature.”

Pink Visual, in its suit at U.S. District Court in Los Angeles, also alleged that Motherless was liable for unfair business practices because it showed disregard to federal rules that apply to the legal porn business, specifically the record-keeping law for adult producers, 18 U.S.C. § 2257(a).

Pink Visual asserted in the case that legitimate porn distributors spend enormous sums to comply with the law and the defendants don't. But Wilson in his ruling shot that offense down and declined to exercise jurisdiction over the claims.

"These allegations do not share a common nucleus of operative fact with plaintiff’s copyright claims," he ruled. "Defendants’ failure to keep records has little, if anything, to do with the copyrighted material that appeared on their system."

Officials at Pink Visual did not immediately return a message to XBIZ for comment. Motherless' operator, Joshua Lange of Staten Island, N.Y., was not able to be reached at post time.

Related:  

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 EU User Stats Could Reclassify Major Adult Sites Under DSA

Three high-traffic adult sites previously classified as “very large online platforms” under the European Union’s Digital Services Act are reporting user numbers below the threshold for that label, opening the way for possible downgrading of their obligations under that law.

Spicerack Launches 'SpicyFanz' Creator Monetization Platform

Adult product marketplace Spicerack Market has launched its SpicyFanz creator monetization platform.

Singapore Livestreamer Jailed for Performing 'Obscene Acts' in Public

A judge in Singapore on Thursday sentenced a Vietnamese woman to three weeks in jail for livestreaming “obscene acts” from a public area.

FSC Withdraws Support for North Dakota AV Bill

The Free Speech Coalition (FSC) has withdrawn its support for an age verification bill in North Dakota, following changes made by the state legislature.

APClips Launches New Blog

APClips has launched a blog, AmateurPorn.com.

Centrobill Launches 'Max' Payment Suite

Payment processing service Centrobill has launched its new Max Suite toolkit.

AEBN Publishes Popular Searches by Country for December, January

AEBN has released the list of popular searches from its straight and gay theaters by country in December and January.

South Dakota Legislators Debate AV Legal Strategies

The South Dakota state Senate Judiciary Committee on Tuesday heard testimony and debate over two competing age verification bills, in a hearing that focused largely on which piece of legislation could best withstand potential legal challenges.

Mobile OnlyFans Management Platform 'TopCreator' Launches

Mobile OnlyFans management and chat platform TopCreator has launched.

JustFor.fans Marks Its 7th Anniversary With Palm Springs Conference

JustFor.fans is celebrating its seventh anniversary with a four-day conference and party in Palm Springs May 18-21.

Show More