Federal Copyright Case Cites 'Perfect 10' Ruling

CHICAGO — In a case of particular interest to adult webmasters, a federal court has allowed evidence of “archived” versions of content stored at a third-party website.

Telewizja Polska USA Inc., a provider of television programming, and Echostar Satellite Corp. were involved in a contract dispute that centered on the contention that Echostar sold Telewizja Polska’s programming after their contract had expired.

But U.S. Magistrate Judge Arlander Keys for the U.S. District Court for the Northern District of Illinois turned back Telewizja Polska’s challenge to the admission of paper printouts of website content, ruling that the evidence met Federal Rule of Evidence 901’s threshold requirement of “genuineness” and that the genuineness of the website materials were for the jury to decide.

One of several pretrial motions filed by Telewizja Polska sought to bar the admission of the “archived” version of the website. The company contended that the exhibit constituted double hearsay.

But Keys disagreed and cited another federal court ruling, Perfect 10 Inc. vs. Cybernet Ventures Inc., No. CV01-2595 (2002), involving online adult companies.

In that case, a federal court admitted printouts of a website under the “best evidence” rule.

The court determined that Perfect 10 was likely to prevail on its claims contributory and vicarious copyright infringement against Cybernet for featuring more than 10,000 copyrighted Perfect 10 images in the Adult Check family of websites. It also ruled for Perfect 10 in its claims of unfair competition under California Business and Professions Code Section 17200.

In the current case, Telewizja Polska contended that Echostar had not properly authenticated the evidence, questioning the reliability of the Internet Archive Company as a verification source.

Keys noted, however, that despite Internet Archive’s relative newness to the industry, Telewizia Polska presented no evidence that it was unreliable or biased.

The case is Telewizja Polska USA Inc. vs. Echostar Satellite Corp., No. 02C3293.

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

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Master Nico Relaunches Site Through YourPaysitePartner

Master Nico has relaunched his official website through YourPaysitePartner (YPP).

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Aylo Releases Statement on Suspending Access to Pornhub in France

Technology and media company Aylo, which operates adult sites including Pornhub, YouPorn, and Redtube, has released a public statement regarding its decision to block access to its sites in France.

Pineapple Support to Host Wellness Sessions at Bucharest Summit

Pineapple Support is hosting free group and one-on-one therapy sessions at Bucharest Summit, June 3-5.

Pornhub Blocks Access in France in Response to SREN Law

Pornhub parent company Aylo has opted to block access to its sites in France rather than comply with age verification requirements under the country’s Security and Regulation of the Digital Space (SREN) law.

ASACP Highlights Study on Parental Controls

The Association of Sites Advocating Child Protection (ASACP) is highlighting the results of a study on the underutilization of parental controls.

Sydney Screams Launches New Site Through Grooby's Blue.xxx

Sydney Screams has launched her new membership site, SydneyScreams.xxx, through Grooby's website management company Blue.xxx.

Mistress Mystii Is LoyalFans' 'Featured Creator' for June

LoyalFans has named Mistress Mystii as its Featured Creator for June.

Show More