Perfect 10, LeaseWeb Settle Infringement Case

LOS ANGELES — Adult entertainment brand Perfect 10 last week entered into a settlement deal with LeaseWeb over charges that the hosting provider was working with a number of websites to host pirated copies of its copyrighted images.

Terms of the settlement, which hasn't been signed off yet by a judge, weren't released publicly.

In the suit, Perfect 10 claimed that LeaseWeb was responsible for copyright infringement because it didn't process 22 DMCA notices it sent starting in February 2013 through January.

"The DMCA notices sent by Perfect 10 identified at least 12,220 infringing Perfect 10 images hosted on the servers of the LeaseWeb defendants," the suit said.

Perfect 10, operated by Los Angeles entrepreneur Norman Zada, listed the file-sharing sites IMGChili.net, IMGChili.com, IMGTiger.com, IMGServe.net, Poringa.net, UltraForos.com, UltraForos.net, GalleryWorld.info and MegaUpload.com, among 11 additional sites, as those that were LeaseWeb clients and infringed on Perfect 10 copyrighted works.

Perfect 10 noted in its suit filed at Los Angeles federal court that LeaseWeb operators had "actual knowledge of the rampant infringement that they are hosting, presumably because the LeaseWeb defendants receive lucrative hosting fees from their infringing clients."

Perfect 10 was seeking maximum statutory damages of $150,000 with respect to each work infringed, for a total of $3.3 million in damages, and a restraining order over alleged infringement.

But LeaseWeb refuted the allegations and said that none of the notices that were sent by Perfect 10 conformed with the DMCA’s requirements. LeaseWeb also denied that it knew about the claimed widespread infringements.

Several months ago, U.S. District Judge John Walter, ruling in a motion to dismiss for lack of personal jurisdiction, concluded that Perfect 10 had made a prima facie showing that LeaseWeb's U.S. division "purposefully directed its activities toward California," which was sufficient to establish specific personal jurisdiction in the case.

LeaseWeb's parent company is based in the Netherlands but its U.S. division is incorporated in Delaware and has a server in Virginia. LeaseWeb does not have a California office.

But four months into the case, the parties apparently have settled their differences and are seeking court permission to dismiss the case.

Zada, when reached on Wednesday, emphasized that Perfect 10 "has spent an enormous amount of time and energy protecting the copyrights that we have spent over $50 million to create." 

"At some point, we hope that the U.S. government will take a more active role in helping to protect this country's extraordinarily valuable intellectual property," Zada told XBIZ. "Not only the U.S., but the world, needs some form of Internet police that can deal with the hundreds of billions of dollars of intellectual property that is stolen each year. 

"If your car gets stolen, you can call the police. When a person's livelihood is destroyed by a theft of their intellectual property, there is no one to call. Most victims of intellectual property theft do not have the resources to file lawsuits and should not be required to do so. Such lawsuits also clog up an already overburdened federal court system."

View motion for dismissal

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

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

MintStars Joins Pineapple Support as Supporter-Level Sponsor

Content platform MintStars has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Pornhub to Shut Down Access in Florida Over Age Verification

Aylo will geoblock Pornhub across Florida starting Jan. 1, when HB 3, the state's age verification law, goes into effect.

AEBN Publishes Popular Searches by Country for October, November

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

Texas Bill Aims to Ban Sex Toys at 'Big-Box' Retailers

Republican State Representative Hillary Hickland has introduced a bill in the Texas legislature that would restrict the sale of pleasure products at "big-box" and other non-adult retailers.

Jacquie et Michel Acquired by 'International Fund'

French adult studio Jacquie et Michel has been acquired by an international fund, marking a significant development for the well-known brand.

Show More