ALS Scan's Infringement Suit Against Cloudfare Allowed to Continue

ALS Scan's Infringement Suit Against Cloudfare Allowed to Continue

LOS ANGELES — A Los Angeles federal judge yesterday sided with adult publisher ALS Scan and denied content delivery network provider Cloudfare Inc.’s motion for summary judgment in a long-running copyright infringement case.

ALS Scan, in its lawsuit, has accused Cloudfare — one of the leading CDN and DDoS protection services used by millions of websites across the globe — of various types of copyright infringement, noting that several customers used its servers to distribute pirated content.

While Cloudflare has managed to pare several counts from the complaint, the accusation of contributory copyright infringement still remains on the table.

U.S. District Judge George Wu in his ruling yesterday said that Cloudfare as a CDN provider could have done “something simple” to stop infringers and substantially assisted infringements by hosting cached copies of files.

Wu, however, made no conclusions of fact, one way or another, as to whether any specific infringing images were created as cached copies.

Now the landmark case moves on to jurors to decide whether Cloudfare is liable for damages.

ALS Scan suit, initiated in mid 2016, originally named two other defendants, as well — adult ad network Juicy Ads and cloud computing company Hebergement OVH Inc. But Wu granted their motions to dismiss and both companies were pared from the case.

Wu, in yesterday’s ruling, focused primarily on whether there are simple measures that could have prevented further infringement once Cloudfare was notified.

Cloudflare earlier argued that there are no simple measures it could take in response to alleged infringements. Removing a cached copy based on a takedown notice is not an option because that leaves sites and users vulnerable to malicious attacks, its lawyers said.

Wu, however, was dismissive of whether measures by the CDN couldn’t be taken.

“Both sides also devote significant argument to the technological feasibility of Cloudflare implementing a system by which it could keep certain images out of its cache, or off its network,” Wu wrote in his ruling.

“Much of this discussion is unnecessary to resolve the issue at hand. The simple answer as to whether Cloudflare could have done something simple to stop the infringement is ‘yes’: Cloudflare can, but does not, end its business relationship with websites that it knows (or arguably knows) are serial infringers.”

“Cloudflare’s response to this obvious step is to contend that the internet would be a more dangerous place if it withheld its services from sites like BestOfSexPics.com and CumOnMy.com,” Wu wrote. “While that may or may not be the case, if Cloudflare’s logic were accepted, there would be no web content too illegal, or dangerous, to justify termination of its services.”

“While Cloudflare may do amazing things for internet security, the court would have a hard time accepting that Cloudflare’s security features give it license to assist in any online activity. In sum, the court would not grant defendant’s motion for summary judgment based on these grounds.”

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

Sansyl Group Acquires Blue Donkey Media

Sansyl Group, parent company of AdultPrime Network, has acquired Blue Donkey Media B.V., owner of Dutch adult site Meiden van Holland, among several other erotic websites and television channels.

Pineapple Support to Hold Mental Health Summit

The annual Pineapple Support Mental Health Summit is taking place Dec. 15-17.

Ofcom Fines AVS Group $1.3 Million for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed a penalty of one million pounds, or approximately $1.3 million, on AVS Group Ltd. after an investigation concluded that the company had failed to implement robust age checks on 18 adult websites.

Updated: Aylo to Help Test EU Age Verification App

Pornhub parent company Aylo plans to participate in the European Commission’s pilot program for its “white label” age verification app, a spokesperson for the company has confirmed.

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

New Age Verification Service 'BorderAge' Launches

French startup company Needemand has officially launched its subscription-based age verification solution, BorderAge.

Ruling: Italy's 'Porn Tax' Applies to All Content Creators

Italy’s tax revenue agency has ruled that the nation’s 25% “ethical tax” on income generated from adult content applies even to smaller independent online content creators.

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Show More