MPAA Files Friend-of-the-Court Brief in Porn Piracy Case

CHICAGO — Hollywood has sided with Flava Works in the gay porn company's appeal supporting a preliminary injunction issued against MyVidster.com, which allegedly poached and streamed its content.

On Thursday, the Motion Picture Association of America (MPAA) submitted a friend-of-the-court brief, supporting Flava Works in the long-running copyright infringement case.

MyVidster, operated by Marques Rondale Gunter, is a user-generated tube site that had been fingered by Flava Works for copyright violations.

Flava Works, which has been in business since 1999, offers content featuring black and Latino talent on a number of sites, including Cocodorm.com, PapiCock.com, ThugBoy.com, CocoBoyz.com FlavaMen.com and Thugsforsex.com.

A lower court last year held that Flava Works would likely succeed on copyright violation claims that MyVidster was secondarily liable for the direct infringement. But the case went to the 7th U.S. Circuit Court of Appeals after Gunter appealed an injunction.

Through the appeal, several companies and organizations have also filed friend-of-the-court briefs in the case — in support of Gunter. Google, Facebook, the Electronic Frontier Foundation and Public Knowledge have all thrown their hats into the ring.

But the MPAA has sided with Flava Works, saying that MyVidster’s conduct in the case did not provide for safe harbors for providing digital storage space and information location tools.

"After receiving repeated notices about the infringing embedded videos on its service, MyVidster ignored the wrongful conduct instead of attempting to rid its service of bad actors," the MPAA said in the brief. "MyVidster initially refused to remove specific infringing links."

The MPAA continued in its brief that taking steps to thwart illegal conduct does not undermine technological progress or free speech. On the contrary, such steps facilitate those laudable objectives, it said.

Flava Works CEO Phillip Bleicher told XBIZ that the case is simple — "Marques Gunter used his website MyVidster.com as a vehicle to commit and contribute to massive amounts of theft."

"MyVidster is not just stealing our content, but dozens of small- and medium-sized porn companies (and individual amateurs) who may not be in a position to hire an attorney to stop sites like this from popping up," he said.

"For instance, we had a small home-based company contact us for help in writing a DMCA notice to MyVidster," he said. "They found over three dozen videos on MyVidster that belonged to this guy. When he contacted MyVidster, their response was 'MyVidster is a bookmarking site and not a video host'  — which is bullshit."

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

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.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More