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 © 2026 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

Arizona Senate Removes 'Catch-22' Provision From Consent Bill

The Arizona State Senate has amended a bill that would impose new requirements for adult content uploaded online, removing a seemingly contradictory provision that could have effectively made it impossible for adult sites to operate in the state.

Climaxx Media Launches Networking Platform

Climaxx Media has officially launched its new networking platform.

Italian Court in Aylo Case Limits International Reach of AV Rules

An Italian administrative court has ruled that Italy’s recently-enacted age verification rules for adult content may not currently be enforced against sites based in other EU member states, pending further procedural action under the EU’s Directive on Electronic Commerce.

OCC, FDIC Prohibit Use of 'Reputation Risk' by Regulators

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) on Tuesday issued a final rule codifying the elimination of ‘reputation risk’ from their supervision of financial institutions.

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

AV Bulletin: West Virginia Enacts AV Law, Ohio 'Innocence Act' Advances

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Clips4Sale Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of content platform Clips4Sale in a case against a website using a similar domain to impersonate the site.

Pineapple Support, SextPanther to Host Stress Management Support Group

Pineapple Support and SextPanther are hosting a free online support group focused on stress management for performers.

Show More