U.S. Judge Sides With JuicyAds in Piracy Suit

U.S. Judge Sides With JuicyAds in Piracy Suit

LOS ANGELES — A federal judge yesterday sided with JuicyAds and dismissed claims that accused the adult ad network of profiting from pirate sites that use its service to generate revenue.

The case, filed this past summer at Los Angeles federal court by adult publisher ALS Scan, was the first where an ad traffic company stood accused of aiding pirate sites.

ALS Scan sued JuicyAds, content delivery network CloudFlare and other third parties for copyright infringement carried out by its users.

ALS Scan, in its complaint, said it alerted Juicy Ads 195 times about infringing activities of several customers, but that it took no action in response and continued to offer services.

“[J]uicyAds and Cloudflare make money by continuing to do commerce with sites that draw traffic through the lure of free infringing content,” ALS Scan said in the complaint.

But JuicyAds moved to dismiss the case on grounds that ALS Scan, a website (“All Ladies Shaved”) that is operated by the parent company that owns MetArt, failed to state a claim for secondary liability against the traffic company.

JuicyAds’ legal team — attorneys Corey D. Silverstein, Lawrence Walters and Gary Bostwick — argued that ALS Scan can’t assert any claims for contributory or vicarious liability, given that JuicyAds, which has more than 92,000 businesses participating in its ad network, has no more control over publishers’ sites than it does over any other third-party sites.

Yesterday, U.S. District Judge George Wu issued a ruling after hearing oral arguments from both sides, agreeing with JuicyAds’ counsel and dismissing the case, as well as a motion for preliminary injunction sought by ALS Scan.

ALS Scan, in its complaint, asked the court to impose sanctions against JuicyAds, including to implement wide-ranging content review protocols for all existing and potential publisher customers in an ongoing effort to identify and “weed out” any potential infringement of adult content by third parties.

Walters, upon comment this afternoon, said Wu’s decision was a paramount one for the adult entertainment traffic sector.

“The defense team views this decision as a victory for both JuicyAds and for the online advertising industry,” Walters told XBIZ. “Unchecked efforts to hold distant online service providers responsible for indirect copyright infringement has the potential to stifle innovation.”

Silverstein told XBIZ this afternoon that Wu “made the right decision.”

“The entire legal team comprised of myself, Kevin Toll (Silverstein Legal), Lawrence Walters (Walters Law Group) and Gary Botswick (Bostwick Law) worked tirelessly to defend JuicyAds against the allegations,” Silverstein said.

View ruling

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

More Conservative Organizations Distance Themselves From Anti-Porn Project 2025

A growing list of conservative groups which had formerly endorsed Project 2025 — which calls for the total criminalization of adult content production and distribution — have reportedly distanced themselves from the blueprint, following Donald Trump’s claims that he disagrees with an unspecified number of its positions.

BranditScan Unveils Protection Plan for Adult Studios

BranditScan has launched a new content protection plan tailored specifically for adult studios.

CAM4 Debuts Weekly 'Skyy Knox's CAM Crawl' Livestream

CAM4 is launching "Skyy Knox’s CAM Crawl," a new livestream running every Sunday at 3 p.m. PDT.

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over Pornhub’s alleged failure to implement Texas’ controversial age verification requirements, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Author of UN Report Recommending Worldwide Criminalization of Sex Work, Porn to Speak at NCOSE Summit

Jordanian activist Reem Alsalem, a special rapporteur on violence against women and girls at the United Nations Human Rights Council who recently issued a controversial report recommending that governments abolish all forms of sex work, including porn, will speak at anti-porn lobby NCOSE’s 2024 summit in August.

Spicey AI Voice Chat Platform Launches

Spicey AI, a platform that uses artificial intelligence to create interactive voice messages from chatbots based on adult performers, has launched.

Derek Hay Sentencing Hearing: Performers Give Impact Statements

The first day of the sentencing hearing for LA Direct Models’ Derek Hay, who pleaded guilty in May to one charge of conspiracy to commit pandering and a charge of perjury, took place in Los Angeles Wednesday.

Utherverse to Host 8th Annual VirtualCon in September

Virtual reality and metaverse technology company Utherverse will hold the eighth edition of its annual virtual conference, VirtualCon, from Sept. 26-28.

Pornhub Shuts Down Access in Nebraska Over Age Verification

Aylo began blocking access to Pornhub in Nebraska on Monday, in anticipation of the state’s new age verification law — one of many such bills promoted by religious conservatives around the country — which is scheduled to go into effect Thursday.

FeelMe AI Launches 3 New Subscription Tiers

FeelMe AI has launched three new subscription levels, allowing users to connect compatible Kiiroo sex toys to their videos for interactive solo play.

Show More