Porn Kings Pays $3.2 Million to Settle Falcon Foto Claims

[gonzo]

SEATTLE - Noble Developments Inc., the parent company of affiliate program Porn Kings, has agreed to pay Falcon Foto LLC nearly $3.2 million to settle copyright-infringement claims involving 3,133 images.

Filed in September in the U.S. District Court for the Western District of Washington, a civil lawsuit alleged Porn Kings and its various owners and operators "willful[ly], intentional[ly], and purposeful[ly], in reckless disregard of and with indifference to the rights of plaintiffs," appropriated more than 400 images copyrighted by Falcon Foto after negotiations to license the images fell through. Although the suit sought an unspecified amount in damages plus court costs and attorneys' fees, federal copyright law allows compensation and punitive damages of as much as $150,000 per image (or more than $60 million in this case) for willful infringement.

In a Consent to Judgment filed Tuesday, Noble Developments President Lucas Bradfield stated, "I hereby authorize the entry of a judgment against Noble Developments Inc. in the amount of $3,173,650 in favor of Plaintiffs Falcon Enterprises Inc. and Falcon Foto LLC. This dollar amount is calculated as follows: $1,000 in damages for each of 3,133 infringed images and $42,650 in attorneys' fees."

Falcon Foto attorney Robert Apgood said the terms of the judgment "have been satisfied." He also said he hopes the lawsuit's outcome will convince other copyright infringers Falcon is determined to safeguard its intellectual property rights.

"We're serious about enforcing our copyrights," he told AVNOnline.com. "When people go down the path with us long enough, they realize what their liability is.

"By the time we file suit, there's no question they're liable," Apgood continued. "The only question is how much they're liable for."
The copyright-infringed images, obtained from Falcon by Porn Kings in 2003 as examples of products under consideration for licensing, began appearing in December 2003 in thumbnail gallery postings on websites owned by Porn Kings and continued appearing in TGPs at least through Aug. 17, 2006, according to the lawsuit. According to Apgood, the offending images were removed from Porn Kings' websites in August 2006 after Porn Kings received a cease-and-desist and damages-demand letter, but the company refused to compensate Falcon for its use of the images during the previous 19 months.
Falcon Foto filed a separate copyright-infringement suit against Guerilla Traffic in January. That suit, which alleges statutory damages of more than $100 million, remains unresolved.

[JoesHO]

Cant wait to see someone go after Aff.

[gonzo]

Originally Posted by JoesHO

Cant wait to see someone go after Aff.

Hopefully they will end up with more than an over hyped broken down in debt program as the settlement.

Poor Tucker.

[helix]

Originally Posted by JoesHO

Cant wait to see someone go after Aff.

[Jace]

Originally Posted by helix

I think i have just been hypnotized

[helix]

Originally Posted by Jace

I think i have just been hypnotized

or maybe you have had too many "Doobie Snacks" lol

[gonzo]

Just in case you werent paying attention in this thread.
And fair is fair....

Hello,
As you may or may not be aware, FEI Holdings has become the new owners of Pornkings. This program and its history mean a lot to us and we look forward to taking it to the next level by putting a fresh face on a strong name with history in our business. The case that existed is settled and behind us and as this transition takes place, it is our hope that it has as little impact as possible on you.
I want you to know that I am personally available to answer any questions directly and it is this open line of communication that has always allowed me to solve any issues one may have. My email is tucker@falconfoto.com and my ICQ is 254-334.
First things first…
We are in the process of getting all of the domains moved over to a new registrar. Once that transfer is complete, we will have to move the information on the server over to the new servers at WebAir. We are waiting for the 2257 documentation to show up at our office so that we can sort what is what and the processors are in process of moving the accounts over.
In order to get this program really moving again, we are going to be implementing a new backend that will garner much stronger retention. This will include supplying it with real relevant niche content. One of the items you may not know is that Falcon owns one of the world’s largest libraries of niche specific content and only 20% of our 2.5M+ images have EVER been seen on the web. This means that we can supply content never seen outside of magazines and DVD’s to end users. We have built our company on the foundation of understanding the niche marketplace. Having supplied more than 40% of all content in men’s magazines for more than 15 years and being that we created such notable brands as Barely Legal and Hometown Girls puts us in a great place to provide YOU with the tools that will allow you to make this rock! Updated galleries with fresh content, new banners and a look designed for the niche and targeted to convert.
For those of you who have not worked the program in a while, here are the conversion ratios for this period;
1:107 Perfectiongirls.com - Teen Amateur
1:123 New Nymphos.com - Teen Hardcore
1:128 Footlong.com - Big Dick
1:146 Dixondoes.com - Solo Teen
1:214 Erotica.com - Sexy
1:230 Megaporn.com - Hardcore Movies
1:305 Aged Ladies - Mature
1:315 Skinnybitches.com - Hardcore
1:357 Indianfever.com - East Indian
1:398 Club21.com - Hardcore Party
1:423 Chubby.com - BBW – FAT
1:517 Wetdreams.com - Squirting
As things progress I will keep you up to date and appreciate your understanding and patience. Again I am here if you need me and feel free to take advantage of it.

Sincerely,
Jason Tucker
FEI Holdings
Falcon Enterprises
Falcon Foto