9th Circuit Rules NCOSE-Sponsored Case Against XVideos Can Move Forward

9th Circuit Rules NCOSE-Sponsored Case Against XVideos Can Move Forward

SAN FRANCISCO — The Ninth U.S. Circuit Court of Appeals on Tuesday reversed a lower court decision and allowed a proposed class action lawsuit over user-uploaded content to move forward against WebGroup Czech Republic (WGCZ), the parent company of tube sites XVideos and XNXX as well as other adult brands.

The lawsuit is sponsored by religiously inspired anti-porn lobby NCOSE, formerly known as Morality in Media. NCOSE has been conducting a high-profile legal campaign to shut down major adult websites over third-party content, including suits filed against Aylo’s Pornhub. All these cases involve attempts to circumvent Section 230 protections, often by appealing to the controversial FOSTA-SESTA carve-out.

NCOSE’s Dani Pinter is one of the Jane Doe plaintiff’s attorneys.

In a published decision, the three-judge panel held that, although WGCZ and related entity NKL Associates are based in the Czech Republic, have servers in the Netherlands and do not have offices or conduct business in the United States, they can be sued by Doe in California.

The court established jurisdiction in the U.S. because of WGCZ’s contracts “with various U.S.-based content delivery networks that temporarily copy content from the Netherlands-based servers to additional servers, including some in the United States,” as well as because of the company’s “work with Google and Twilio to manage emails and PayPal and EPOCH to manage payments” and due to data establishing that the U.S. “is the largest market for both XVideos.com and Xnxx.com,” legal news site Law360 reported.

The lawsuit alleges that videos of Doe when she was a minor were uploaded onto WGCZ’s platforms and then “viewed thousands of times on XVideos and Xnxx.” 

Jason Tucker, president of copyright enforcement company Battleship Stance, told XBIZ that the WGCZ ruling is very fact-specific, because it involves both questions of personal jurisdiction and more a specific crime against a minor.

“I believe that if this case didn’t involve this sort of content, the court may have been more open to agreeing that there was an alternative forum to resolve this matter,” Tucker explained. “This case has a long way to go. For example, there may be jurisdictional discovery on all of the other defendants.”

Tucker, who has been working on a noted precedent-setting case concerning U.S. jurisdiction over international websites, on behalf of Japan-based adult entertainment company Will Co., noted that the WGCZ case “is sponsored by an organization that has historically been dead set on dismantling the legal adult industry. That shouldn’t be ignored.”

WGCZ Jurisdiction Decision

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

Dirty Cinema Launches New Paysite 'MILFuckd'

Dirty Cinema has launched a new paysite, MILFuckd.com, on its network.

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

AEBN Publishes Popular Seraches by Country for September, October

AEBN has released its list of popular searches from its straight and gay theaters in all 50 states and the District of Columbia.

Avery Jane Featured on 'Adult Time Podcast'

Avery Jane is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills.

FSC: Kansas Law Firm Threatens Adult Site Over Age Verification

The Free Speech Coalition (FSC) has been notified that Kansas law firm Mann Wyatt Tanksley has sent a letter threatening an adult website with a lawsuit for breaking the state's age verification law.

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Trump Nominates Project 2025 Contributor, Section 230 Foe to Chair FCC

President-elect Donald Trump has nominated, as his pick to head the Federal Communications Commission, Brendan Carr — an author of Project 2025 who has called for gutting Section 230 protections.

Show More