Perfect 10 Lawsuit Tossed

BEVERLY HILLS, Calif. – After suing Visa and MasterCard in January for contributory and vicarious infringement, the owner of Perfect 10 Inc., Norman Zada, saw his case tossed by a judge from the U.S. District Court for Northern California.

Zada waged war against the two largest credit card behemoths in January of this year, along with First Data Corp., Cardservice International and Humboldt Bank.

Perfect 10 holds copyrighted images of nude and topless women who have not been surgically enhanced and makes that content available on a subscription basis through the Perfect 10 website and a quarterly magazine.

Zada's complaint accused the two credit card companies and banks of facilitating and profiting from the illegal use of copyrighted material on adult entertainment websites.

The complaint stated that Visa and MasterCard have made large sums of money from the sale of pirated adult content and should be held liable for any related copyright violation.

However, in an Aug. 5 ruling, Judge James Ware dismissed the allegations as failing to provide enough facts that the credit card companies and their affiliates participated, knowingly or not, in copyright infringement of Perfect 10's content.

Zada told XBiz in an earlier interview that over the past six years he has lost more than $29 million to copyright infringement and along with that, nearly $8 million in legal fees defending content for his Perfect 10 website and magazine.

After pumping most of his capital into producing quality content, Zada said he didn't realize webmasters were going to steal his images faster than he could produce them.

The August ruling comes on the heels of another ruling in a similar case against three payment processing companies for copyright and trademark infringement, unfair competition, false advertising, violation of right of publicity and RICO (Racketeer Influenced and Corrupt Organizations) Act violations.

Zada's lawsuit against CCBill, iBill, and Internet Key was rejected in July by U.S. District Judge Lourdes G. Baird based on the determination that the three companies did not directly or knowingly infringe on Perfect 10's content and that they qualified for safe harbor protections under the Digital Millennium Copyright Act, which limits online service providers from copyright infringement liability, among other conditions.

The plaintiffs argued that safe harbor only applied to search engines like Yahoo and Google, which locate and link to sites they are not affiliated with. But Baird said that a company that linked to a limited network of sites with which it had contractual relationships still qualified under the safe-harbors provisions.

Both decisions are a major setback to Zada, after spending years pursuing alleged copyright infringers. In 2002 Zada won a preliminary injunction against Cybernet Ventures Inc., the owners of adult verification service Adult Check. A similar lawsuit against Paycom was dismissed in 2002.

Zada has said that his company will appeal Ware's ruling.

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

Trump Administration Issues Executive Order Against 'Debanking'

The White House on Thursday issued an executive order limiting financial institutions’ ability to restrict access to financial services for people or groups involved in lawful industries, a longtime goal of adult industry advocates and stakeholders.

Go.cam Launches Free Age Verification Solution, Anti-Fraud Features

Go.cam has announced that its age verification solution is now free with updated anti-fraud and identity protection features.

Florida AG Sues EU-Based Adult Companies for Failing to Age-Verify Users

Florida Attorney General James Uthmeier filed a lawsuit Monday with the 12th Judicial Circuit Court of Florida against five EU-based adult companies for allegedly failing to require age verification before allowing access to adult content.

SkyPrivate Launches 'Telegram Pay-Per-Minute' Feature

SkyPrivate has launched a new pay-per-minute (PPM) private show option on Telegram.

Pineapple Support to Host 'Money and Mental Health' Online Event

Pineapple Support is hosting a free, online event to help performers balance financial wellbeing with mental health, Aug. 18-19.

Arcom Warns 5 Adult Sites Over Age Verification

French media regulator Arcom has sent enforcement notices to the operators of five adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

MojoHost Debuts NVIDIA Blackwell-Powered Hosting

MojoHost has announced the launch of NVIDIA Blackwell-powered hosting featuring RTX 6000 Pro MaxQ GPUs.

FSC: Identity Theft Targeting Adult Performers

The Free Speech Coalition has put out an alert warning of an individual found to be targeting adult performers for identity theft.

Assylum.com Implements New Age Verification System

Assylum.com has introduced an age verification system across its member sites.

European Commission to Assess Pornhub, XVideos, XNXX Compliance With Digital Services Act

The European Commission plans to conduct a study to determine how well adult sites Pornhub, XVideos and XNXX are addressing illegal content and other potential harms under the EU’s Digital Services Act.

Show More