Vivid Drops PornoTube Lawsuit Alleging Piracy

gonzo · 10-20-2008

LOS ANGELES — Vivid Entertainment Group on Monday dropped its lawsuit against AEBN that alleged PornoTube.com and parent company Data Conversions Inc. pirated its adult properties.

The suit accused PornoTube of hosting excerpts of more than 30 videotapes that include such Vivid titles as "Hawaiian Blast," "Mission Erotica" and parts of the Kim Kardashian sex tape.

The suit, filed at U.S. District Court in Los Angeles, was seeking damages of $150,000 per infringed work, or about $4.5 million total, and a permanent injunction.

But on Monday Vivid attorney Jonathan Brown filed a notice of voluntary dismissal without prejudice to the court.

“Whereas defendants have not answered the complaint or filed a motion for summary judgment, plaintiff hereby dismisses its claims against all defendants without prejudice,” the filing read.

XBIZ, with knowledge of Monday’s court-imposed deadline on the case, attempted to reach Vivid attorneys Brown, Paul Cambria and Mark Hoffman last week through early Monday, to see if a settlement was in the works. The attorneys, however, did not respond to phone calls nor emails.

The suit, filed last December, contended that the “[AEBN’s] business plan depends on the uploading, posting, display and performance of copyrighted audio-visual works belonging to Vivid and others” and that AEBN “knowingly built a library of infringing works to draw Internet traffic” to PornoTube.

The suit also named WMM, a Nevada-based corporation believed to be operated by PornoTube, and 20 John Does.

A noteworthy element of the case was that Vivid contended that PornoTube’s display of its clips violates federal 2257 record-keeping requirements.

Vivid asserted that PornoTube had an unfair competitive advantage because it wasn’t required to maintain 2257 records for all the content on the site.

Attorney Cambia later called the suit “groundbreaking.”

“AEBN and PornoTube are not exempt from their responsibility to comply with 2257 rules, and we will demonstrate in court that they are obtaining an unfair business advantage by violating this obligation,” he said at the time.

With Monday’s filing, the case was dropped without any financial terms nor an injunction

http://www.xbiz.com/news/100701

Toby · 10-20-2008

My little voice is telling my that there is more to this story.

gonzo · 10-20-2008

Quote:

Originally Posted by Toby

My little voice is telling my that there is more to this story.

Oooops....[I forgot to add]

Feel free to promote Vivid's films as one of the many studios availible to all AEBN affiliates.

helix · 10-20-2008

I see what they did there

JFK · 10-20-2008

Quote:

Originally Posted by helix

I see what they did there

Do tell

Dravyk · 10-21-2008

That so-called "report" reminds me of a joke.

Two men are in a balloon floating across the ocean. A storm comes up, whips them around of course. Half a day later they spot land and lower their altitude to find out where they are.

They see a man in a suit carrying a briefcase and yell down "Excuse me, but could you tell us where we are exactly?"

The man yells up. "Certainly. You're in a balloon about 100 feet off the ground." And turns and continues on his way.

The one balloonist says to the other. "Figures. First person we meet had to be a damned lawyer."

The other man asks "How do you know he was a laywer?"

The other responds. "Easy. His information was 100% accurate and 100% useless."

Hell Puppy · 10-21-2008

That horse is out of the barn, no putting it back in. We all have a choice, either whine about tubes and blame them for decreasing check sizes, or figure out a way to make money in this market.

There ARE new avenues out there which are very profitable, if you know where to look...

gonzo · 10-21-2008

Quote:

Originally Posted by Dravyk

That so-called "report" reminds me of a joke.

Two men are in a balloon floating across the ocean. A storm comes up, whips them around of course. Half a day later they spot land and lower their altitude to find out where they are.

They see a man in a suit carrying a briefcase and yell down "Excuse me, but could you tell us where we are exactly?"

The man yells up. "Certainly. You're in a balloon about 100 feet off the ground." And turns and continues on his way.

The one balloonist says to the other. "Figures. First person we meet had to be a damned lawyer."

The other man asks "How do you know he was a laywer?"

The other responds. "Easy. His information was 100% accurate and 100% useless."

Did you need your ref codes Drav?

RawAlex · 10-23-2008

...and on the next episode of "as the tubes turn..."

pornlaw · 10-23-2008

And now ... Steve Hirsch and Scott will be doing a seminar together at Webmaster Access West in November.... about piracy.... go figure.

Michael

www.AdultBizLaw.com

MikeSouth · 10-24-2008

Quote:

Originally Posted by pornlaw

And now ... Steve Hirsch and Scott will be doing a seminar together at Webmaster Access West in November.... about piracy.... go figure.

Michael

www.AdultBizLaw.com

Ya i saw that and thought hmmmmm.

gonzo · 10-24-2008

Quote:

Originally Posted by MikeSouth

Ya i saw that and thought hmmmmm.

Im sorry I will miss both of you there. Im stuck in Charlotte getting ready for Vegas.

Dravyk · 10-26-2008

Quote:

Originally Posted by gonzo

Im sorry I will miss both of you there. Im stuck in Charlotte getting ready for Vegas.

If you would stop confusing the super glue with the spermicide you wouldn't be stuck in Charlotte.

gonzo · 10-26-2008

Quote:

Originally Posted by Dravyk

If you would stop confusing the super glue with the spermicide you wouldn't be stuck in Charlotte.

Hey man I got excited when the BBC called!

gonzo · 11-22-2008

Quote:

Originally Posted by pornlaw

And now ... Steve Hirsch and Scott will be doing a seminar together at Webmaster Access West in November.... about piracy.... go figure.

Michael

www.AdultBizLaw.com

For those of you figuring or continuing to ask me about Pornotube here...

Listen to Coffman and Hirsch talk about it for yourself.
http://www.xbiz.com/news/102020

Click the video and hear it for yourself.

10-20-2008	#1
gonzo Fat Fucking Nobody Want to see your own Advertising Here! Join Date: Apr 2003 Location: Atlanta,Ga. Posts: 17,795 Blog Entries: 11	Vivid Drops PornoTube Lawsuit Alleging Piracy LOS ANGELES — Vivid Entertainment Group on Monday dropped its lawsuit against AEBN that alleged PornoTube.com and parent company Data Conversions Inc. pirated its adult properties. The suit accused PornoTube of hosting excerpts of more than 30 videotapes that include such Vivid titles as "Hawaiian Blast," "Mission Erotica" and parts of the Kim Kardashian sex tape. The suit, filed at U.S. District Court in Los Angeles, was seeking damages of $150,000 per infringed work, or about $4.5 million total, and a permanent injunction. But on Monday Vivid attorney Jonathan Brown filed a notice of voluntary dismissal without prejudice to the court. “Whereas defendants have not answered the complaint or filed a motion for summary judgment, plaintiff hereby dismisses its claims against all defendants without prejudice,” the filing read. XBIZ, with knowledge of Monday’s court-imposed deadline on the case, attempted to reach Vivid attorneys Brown, Paul Cambria and Mark Hoffman last week through early Monday, to see if a settlement was in the works. The attorneys, however, did not respond to phone calls nor emails. The suit, filed last December, contended that the “[AEBN’s] business plan depends on the uploading, posting, display and performance of copyrighted audio-visual works belonging to Vivid and others” and that AEBN “knowingly built a library of infringing works to draw Internet traffic” to PornoTube. The suit also named WMM, a Nevada-based corporation believed to be operated by PornoTube, and 20 John Does. A noteworthy element of the case was that Vivid contended that PornoTube’s display of its clips violates federal 2257 record-keeping requirements. Vivid asserted that PornoTube had an unfair competitive advantage because it wasn’t required to maintain 2257 records for all the content on the site. Attorney Cambia later called the suit “groundbreaking.” “AEBN and PornoTube are not exempt from their responsibility to comply with 2257 rules, and we will demonstrate in court that they are obtaining an unfair business advantage by violating this obligation,” he said at the time. With Monday’s filing, the case was dropped without any financial terms nor an injunction http://www.xbiz.com/news/100701 __________________ We are putting the bastards of this world on notice; greed and corruption will always be met with "a voice made of ink and rage." "Never try and be like anyone else" - Hunter S. Thompson "The truth is the truth no matter how you try and package a lie" - Shellee Hale Last edited by gonzo; 10-20-2008 at 08:02 PM.

10-20-2008	#2
Toby Fat Fucking Nobody Respin bullshit press Your Comments Are Welcomed Join Date: Jul 2005 Location: Houston Posts: 2,624	Re: Vivid Drops PornoTube Lawsuit Alleging Piracy My little voice is telling my that there is more to this story. __________________ My TGP's: Bevy Of Babes \| Bevy Of Boobs \| Babes In Boots \| Well Heeled Women \| Dressing For Sex \| Latex Vixens \| Stocking Vixens

10-20-2008	#4
helix Jebus loves me Join Date: Dec 2004 Location: 40 Oz to Freedom Posts: 857	Re: Vivid Drops PornoTube Lawsuit Alleging Piracy I see what they did there __________________ Sigless

10-21-2008	#6
Dravyk Easy Like Sunday Morning Want to see your own Advertising Here! Join Date: Oct 2002 Location: Behind a couch, somewhere in Philly Posts: 7,628	Re: Vivid Drops PornoTube Lawsuit Alleging Piracy That so-called "report" reminds me of a joke. Two men are in a balloon floating across the ocean. A storm comes up, whips them around of course. Half a day later they spot land and lower their altitude to find out where they are. They see a man in a suit carrying a briefcase and yell down "Excuse me, but could you tell us where we are exactly?" The man yells up. "Certainly. You're in a balloon about 100 feet off the ground." And turns and continues on his way. The one balloonist says to the other. "Figures. First person we meet had to be a damned lawyer." The other man asks "How do you know he was a laywer?" The other responds. "Easy. His information was 100% accurate and 100% useless." __________________ All Of 'Em Mainstream Webmasters New: WebmasterConventions.com

10-21-2008	#7
Hell Puppy Fat Fucking Nobody Want to see your own Advertising Here! Join Date: Oct 2002 Posts: 6,523	Re: Vivid Drops PornoTube Lawsuit Alleging Piracy That horse is out of the barn, no putting it back in. We all have a choice, either whine about tubes and blame them for decreasing check sizes, or figure out a way to make money in this market. There ARE new avenues out there which are very profitable, if you know where to look...

10-23-2008	#9
RawAlex Members $100 for every ImLive sign-up Join Date: Oct 2002 Posts: 4,036	Re: Vivid Drops PornoTube Lawsuit Alleging Piracy ...and on the next episode of "as the tubes turn..." __________________ Let's go to the edge of disaster Push the pedal and go a little faster Let's slam into a wall at ramming speed Let's go to the edge of a mountain Jump off and lets start countin' Hit the ground and tell me if it bleeds

10-23-2008	#10
pornlaw Future BROmaster Join Date: Dec 2007 Posts: 266	Re: Vivid Drops PornoTube Lawsuit Alleging Piracy And now ... Steve Hirsch and Scott will be doing a seminar together at Webmaster Access West in November.... about piracy.... go figure. Michael www.AdultBizLaw.com