Judge Places XonDemand.com Operator in Default

LOS ANGELES — XonDemand.com didn't arrange replacement counsel for a hearing set on Monday and was placed in position for a default judgment by a federal judge.

Private Media Group, which waged a copyright infringement suit against the video-on-demand site, was ordered to file a motion for entry of judgment — up to $4.5 million — by Oct. 11, an official told XBIZ late Monday.

Industry attorney Clyde DeWitt, who originally was hired to defend XonDemand after Private sued it for allegedly streaming content for more than three years after a 50 percent revenue-sharing contract was terminated in 2007, had asked a federal judge to withdraw from the case.

The judge granted his request on Monday.

DeWitt, in several motions to a federal court, said that he's had difficulties with his client, XonDemand, because the company has only paid a fraction of its attorneys fees and that he's been having difficulty communicating with the company.

Private spokesman Jason Tucker earlier told XBIZ that a settlement deal was in the works to transfer XonDemand.com to Private.

"It was as simple as that," Tucker said. "We said, look, we've got the Gamelink site, and we'd be willing to drop the copyright infringement charge and take over [XonDemand]. The settlement agreement was all there, but we never got the signature. We haven't heard from XonDemand since."

In the suit, Barcelona-based Private  said it discovered  that XonDemand was "committing over 30 separate instances of copyright infringement and over 1,000 separate and distinct instances of trademark infringement" by continuing to rent Private videos by the minute or flat rate after a deal between the two companies was terminated.

XonDemand contended it never received a termination letter, all the while paying commissions to Private, and that it removed content "immediately after someone at XonDemand learned of this lawsuit."

Related:  

Copyright © 2024 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

Metart Marks Its 25th Anniversary

Metart is celebrating its 25th year as an adult studio.

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

Connie Perignon Performs Her 1st Girl/Girl Scene for LesbianX

Connie Perignon has performed in her first girl/girl scene alongside Nicole Doshi, in the latest release from LesbianX, titled "Tasty Holes."

Vanessa Jhons Makes Her TransAngels Debut in 'Poolside Seduction'

Vanessa Jhons and Justin Jett make their TransAngels debuts in “Poolside Seduction.”

Naudi Nala Stars in Latest From TeamSkeet

Naudi Nala stars with Nikki Slick, Nina White and Satine Summers in the latest release from TeamSkeet.

Abby Rose Stars in Latest From Brazzers

Abby Rose stars with Zane Walker in the latest release from Brazzers.

Leilani Li, Haley Reed Star in Latest From Transfixed

Leilani Li and Haley Reed star in the latest release from Transfixed, titled "What Good Roommates Do."

Willow Ryder, Anna Claire Clouds & Baby Gemini Star in Latest From Ricky's Room

Ricky’s Room has released “Party In Willow’s Room” a new orgy scene starring Willow Ryder, Anna Claire Clouds, Baby Gemini, Derek Savage, studio honcho Ricky Johnson and the late Jay Hefner.

Show More