Negligence Claims Dismissed in Porn Piracy Case

NEW YORK — Corbin Fisher's high-profile suit against a pair of roommates sued for allegedly trading porn online was dismissed this week.

In the original suit filed at U.S. District Court in New York, Corbin Fisher charged that defendants Cary Tabora and Schulyer Whetstone, both roommates and named in another now-dismissed porn BitTorrent piracy suit involving some 840 infringements, were responsible for infringement for poaching and trading "Corbin Fisher's Down on the Farm" through a BitTorrent network, or at least one of them is.

Corbin Fisher, in its complaint, said that Tabora spoke with its attorneys and admitted that it was Whetstone who was the party who illegally and distributed the movie.

"In fact, Tabora stated emphatically, 'I was negligent' in allowing Whetstone to use his [Wi-Fi] Internet connection to illegally pirate content, and that he was aware that it would eventually cause legal problems for him," the suit said.

But U.S. District Judge Lewis Kaplan said that Corbin Fisher's state law negligence claim was preempted by federal copyright law and can't be brought. Kaplan pointed to Section 301 of the Copyright Act, which allows preemption with respect to other laws.

Other claims were dismissed because the title of the film in the complaint, "Corbin Fisher's Down on the Farm," didn't match the title in the copyright registration, "Corbin Fisher Amateur College Men Down on the Farm."

But Kaplan did allow Corbin Fisher the opportunity to amend direct and contributory infringement claims no later than July 25.

The case gained notoriety after the Electronic Frontier Foundation took sides, filing a friend-of-the-court brief for the defendants.

EFF postulated that if Corbin Fisher was successful in the case, Wi-Fi providers could be held responsible for users' behavior and public access to the Internet would be sharply reduced because of liability fears.

Corbin Fisher, however, said at the time that the EFF is trying to "re-frame" the case as a wholesale opposition to Wi-Fi copyright negligence claims in commercial environments.

Mitch Stoltz, a staff attorney at the EFF who worked on the amicus brief, told XBIZ "the EFF is very happy with this result," noting that the judge signaled that Corbin Fisher "is likely to lose the copyright claim against Cary Tabora if it re-files the case, because simply providing an Internet connection for a housemate isn't enough to make Tabora liable for the housemate's illegal downloading, even if he knew about it."

Corbin Fisher counsel Marc Randazza did not respond to queries whether he would retry the case as regards to the copyright claims.

View dismissal order

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

U of Wisconsin Lawyers Admit to Political, Donor Pressure to Terminate Prof. Joe Gow Over OnlyFans Content

Lawyers for the Universities of Wisconsin admitted during a hearing Friday that the institution has received pressure from a Republican politician and from a donor to strip veteran UW professor of communications Joe Gow of tenure for unremorsefully creating and appearing in adult content.

Heritage Foundation Leader Kevin Roberts Doubles Down on Defense of Anti-Porn Project 2025

Heritage Foundation and current Project 2025 leader Kevin Roberts appeared on Fox News' Special Report with Bret Baier on Wednesday to defend the controversial conservative initiative, which includes a call to criminalize the production and distribution of pornography.

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

Show More