Hush Hush Files Infringement Suit Against MindGeek

Hush Hush Files Infringement Suit Against MindGeek

MIAMI — Hush Hush Entertainment, which operates “mega-pass” membership sites HushPass.com and InterracialPass.com, has filed suit against MindGeek, alleging the adult entertainment conglomerate turned a blind eye or encouraged copyright infringement after it found 47 instances of copyright infringement on one of its tube sites, PornHubPremium.com.

Hush Hush said it found the separate copyright registered works over 304 separate and distinct URLs on PornHubPremium.com.

In its suit, Hush Hush said that because PornHubPremium.com launched in August, the infringing porn uploads predate the development of the monthly subscription site and weren’t transmitted by members.  

“These [infringing] works are purported by defendants to have been uploaded by third-party Internet users,” the suit said. “However, since the uploads predate the development of PornHubPremium.com, they clearly could not have been uploaded to the PornHubPremium.com website by such third parties.”

Hush further said that MindGeek is “well aware of the massive infringement occurring on PornHubPremium.com.”

“Their need for content depends upon it. Interestingly, all individuals who upload content are supposed to register with MindGeek in order to have the ability to upload content,” the suit said.

“However, many of those individuals are identified as ‘unknown,’ thereby calling into question who it is that is actually uploading content to defendants’ website. Regardless, defendants have infringed upon plaintiff’s copyrights for which damages and injunctive relief is requested.”

Hush Hush noted in the suit that the DMCA safe harbor provisions have been misused by infringers in recent years in an attempt to garner protection for websites displaying copyrighted adult entertainment content without license or authority.

“Such companies believe that copyright owners will be unable to adequately monitor and provide take-down notices to infringers, thereby enabling websites like those owned by defendants to operate with impunity,” the suit said.

“These websites attract internet user attention through offering free viewing of unauthorized copyrighted materials and the unauthorized use of trademarks, providing the user free website content. For copyright owners like Plaintiff, it is akin to a game of ‘whack-a-mole.’ By the time one video is taken down, five more are added.”

Hush Hush’s suit seeks statutory damages of $150,000 for each act of infringement, along with an injunction, attorneys fees and a transfer of the domain name PornHubPremium.com.

Hush Hush’s suit names the various MindGeek properties as defendants, as well as executive Feras Antoon.

MindGeek officials did not respond by post time for comment on the case.

View lawsuit

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

Bree Brooks Stars in Holiday-Themed Release From New Sensations

Bree Brooks stars with Ricky Spanish in the new holiday-themed release from New Sensations.

Iris Kiss, Astrid Soleil Star in Latest From TGirls.Porn

Iris Kiss and Astrid Soleil star in the latest release from Grooby paysite TGirls.Porn, titled “The Next Generation” and directed by Omar Wax.

Agatha Vega Stars in Christmas-Themed EnjoyX Release

Newly crowned XBIZ Europas Female Performer of the Year Agatha Vega stars alongside Juan Lucho in the latest EnjoyX scene, “Naughty Christmas Gift.”

Clara Mia Makes Her Directorial Debut for Dorcel

Clara Mia has made her directorial debut with "Say You Love Me," the latest release from Dorcel.

Streamate Spotlights Savannah Sly as December 'Elevate' Community Partner

Streamate has selected New Moon Network founder and co-director Savannah Sly as its Elevate Community Partner for December.

Brazzers Debuts Limited Series 'Wet Hot Indian Wedding'

Brazzers has released the first installment of its new limited series, “Wet Hot Indian Wedding.”

LaBellaDX Launches New Site Through YourPaysitePartner

Content creator LaBellaDX has launched her new official website through YourPaysitePartner (YPP).

Slimthick Vic Headlines 'Friends & Exes 2' From Bellesa House

Slimthick Vic toplines the second volume of "Friends & Exes" from Bellesa House.

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

Violet Myers, Jasmine Sherni Star in Latest From Brazzers

Violet Myers and Jasmine Sherni star with Dyawne Foxxx in the latest release from Brazzers, titled "Trapped and Tapped."

Show More