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

Re: Vivid Drops PornoTube Lawsuit Alleging Piracy
 

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

Re: Vivid Drops PornoTube Lawsuit Alleging Piracy
 

Oooops....[I forgot to add]

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

Re: Vivid Drops PornoTube Lawsuit Alleging Piracy
 

I see what they did there

Re: Vivid Drops PornoTube Lawsuit Alleging Piracy
 

Do tell:okthumb:

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."

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...

Re: Vivid Drops PornoTube Lawsuit Alleging Piracy
 

Did you need your ref codes Drav?

Re: Vivid Drops PornoTube Lawsuit Alleging Piracy
 

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

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

Re: Vivid Drops PornoTube Lawsuit Alleging Piracy
 

Ya i saw that and thought hmmmmm.

Re: Vivid Drops PornoTube Lawsuit Alleging Piracy
 

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

Re: Vivid Drops PornoTube Lawsuit Alleging Piracy
 

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

Re: Vivid Drops PornoTube Lawsuit Alleging Piracy
 

Hey man I got excited when the BBC called!

Re: Vivid Drops PornoTube Lawsuit Alleging Piracy
 

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.