Sex.com Reaches Finish Line

SAN FRANCISCO – Sex.com owner Gary Kremen reached a final settlement Monday following a prolonged six-year legal battle with registrar VeriSign, formerly Network Solutions Inc.

Kremen would not disclose the settlement amount due to a confidentiality agreement, although a source close to the litigation told XBiz that it was between $40-60 million.

Along with the settlement came a landmark decision by the 9th U.S. Circuit Court of Appeals that domain names are property and that registrars will hereafter be held accountable for their mishandling of the Internet domain name system.

"There are several people being sued by Acacia in our industry and some countersuits going on," Kremen told XBiz. "But people are going to have to realize that it takes years for these things to resolve themselves if people want to really fight it out."

The court found that VeriSign was subject to the "tort of conversion" by not returning property that was owned by another party, in this case Kremen, and despite Kremen's attempts to regain ownership of his rightful domain property, Verisign did not correct the error.

“It was already damaging that VeriSign had taken my domain name away from me without my permission, and refused to give it back when shown proof that it was stolen,” said Kremen, CEO of Sex.Com. “I’m ecstatic that we have reached a settlement so we can put the case behind us and find peace in knowing that the 9th Circuit’s opinion in the Sex.Com case will have an influential role in holding Internet registrars responsible for mishandling their customer’s domain name properties.”

The Sex.com domain name was stolen by ex-con Stephen Cohen in 1995 after Cohen convinced Network Solutions to transfer ownership of the domain based on a bogus letter. Although it was later revealed in court proceedings that the letter never existed and that Cohen had managed to transfer ownership simply by calling the registrar.

VeriSign allegedly made no attempt at the time to verify Cohen’s relation to Sex.Com.

Kremen won a $65 million judgment against Cohen and then went after Network Solutions for further damages. The judgment won again Cohen was never paid in full but included property seizure of one of Cohen's homes in the affluent suburb of Rancho Santa Fe, Calif.

Cohen is officially a fugitive and can no longer return to the U.S. Kremen put out a bounty of $50,000 last year for anyone who brings him back legally.

“Gary’s Sex.Com victory is likely to influence legal developments in important areas beyond domain names," said Douglas Masters, a partner with Loeb & Loeb LLP in Chicago. "In this digital age, the handling of intangible property has taken on enormous importance. The 9th Circuit’s decision is an important step in applying settled principles to this new realm.”

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