Oron Settles With Falcon/Raging Stallion

SAN FRANCISCO — Oron has settled with Falcon and Raging Stallion' s parent company, DataTech Enterprises, over the studios' long-running copyright infringement suit against the defunct file-locker website.

DataTech sued Oron for unspecified damages in August 2011 after it said it found at least 400 titles on the site that were involved in more than 40,000 separate acts of infringement.

U.S. District Judge Charles Breyer signed an order this month dismissing all of DataTech's claims in the case and releasing an untold amount of frozen funds in a CCBill account.

Terms of the settlement, as well as the amount of frozen funds released from the CCBill account, are confidential, adult industry attorney Gill Sperlein told XBIZ.

"The matter was resolved to the satisfaction of all parties," said Sperlein, who represented DataTech.

With the settlement struck between the parties, a pending appeal at the 9th U.S. Circuit Court of Appeals won't be ruled on.

The 9th Circuit heard an appeal by Oron over claims that Breyer overreached his authority when he approved a preliminary injunction that froze all of the Oron's U.S. assets.

DataTech a month after filing the suit was able to convince Breyer to freeze Oron' s U.S. assets in its CCBill account, as well as other U.S. financial institution accounts.

Oron later requested the court to unfreeze some of the funds to pay attorneys fees and business expenses, but Breyer wouldn't budge, setting a showdown at the 9th Circuit.

A three-judge appeals court panel sounded inclined to uphold the preliminary injunction against Oron but suggested that  Breyer may have overreached — or "overseized," as one judge put it — by freezing all of Oron's assets, rather than just some.

Oron's counsel, Evan Fray-Witzer, at the time said the preliminary injunction was inappropriate because the only dispute is over monetary damages under the Copyright Act, and that Breyer unfairly put the burden on Oron to prove how much of its profits did not come from DataTech content.

While Sperlein said that he and opposing counsel were happy about terms of the settlement, the appeal left an unanswered question over freezing assets.

"I think the lawyers for both sides had a strong intellectual interest in having that issued ruled upon, so in that way we were disappointed," Sperlein said.

Falcon's and Raging Stallion's settlement comes after other legal battles over similar infringement charges against Hong Kong-based Oron.

One of the cases involved another gay adult studio, Corbin Fisher, which received a $550,000 settlement after an appeal to the 9th Circuit. But that case lives on even without Oron, becoming a new source of controversy.

Oron's settlement funds were placed in a trust account held by Randazza Legal Group for the benefit of Corbin Fisher, but they have been sitting there since August 2012 and are now a source of friction between the law firm and Corbin Fisher because of allegations of unpaid attorneys fees.

Another gay adult studio, Flava Works, also has filed copyright infringement claims against Oron. That case is still pending.

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

Aylo Willing to Work With Australia's Online Censor on Device-Based AV Solutions

The office of Australia’s top online censor, unelected eSafety Commissioner Julie Inman Grant, released a new roadmap for implementing age verification according to the country’s Online Safety Act.

Spain's Technology Minister Unveils Soon-to-be-Mandatory Age Verification App

Spain’s anti-sex work and anti-porn Socialist Party (PSOE) government led by Prime Minister Pedro Sánchez unveiled a new age verification app that will become a mandatory step to access any adult content by anyone in the country starting in September.

FSC Drops Opposition to California Age Verification Bill After Amendments

Free Speech Coalition (FSC) has dropped its formal opposition to California’s age verification bill AB 3080, after an amendment secured through months of discussions with the bill’s author was heard by the Senate Judiciary Committee.

SCOTUS Agrees to Hear Texas Age Verification Challenge

The United States Supreme Court granted on Tuesday the petition for a writ of certiorari in the Free Speech Coalition-led challenge to Texas’ age verification law, agreeing to hear the case in the next term.

Dorcel Group Acquires LifeSelector

Dorcel Group has acquired interactive content company LifeSelector.

Etsy Updates Policy to Ban Sale of Most Adult Pleasure Products, Content

Etsy will ban sales of most pleasure products and content that depicts sex acts and genitalia starting July 29.

Jamie Page Is LoyalFans' 'Featured Creator' for July

LoyalFans has named Jamie Page as its Featured Creator for July.

Stripper, Adult Businesses Challenge Florida's Under-21 Ban for Adult Entertainment Workers

Strip clubs and other adult entertainment establishments in Florida are challenging the state’s law that prevents them from employing adults between the ages of 18 and 20.

Byborg's Le Shaw Research Institute Teams Up With SWOP Behind Bars

LiveJasmin parent company Byborg Enterprises’ Le Shaw International Sexual Health and Wellness Research Institute has joined forces with U.S.-based sex worker advocacy group SWOP Behind Bars.

AI Erotic Storytelling Platform 'Erota' Launches

Erota, a new AI-powered erotic storytelling platform, has debuted.

Show More