Perfect 10 Lawsuit Tossed

BEVERLY HILLS, Calif. – After suing Visa and MasterCard in January for contributory and vicarious infringement, the owner of Perfect 10 Inc., Norman Zada, saw his case tossed by a judge from the U.S. District Court for Northern California.

Zada waged war against the two largest credit card behemoths in January of this year, along with First Data Corp., Cardservice International and Humboldt Bank.

Perfect 10 holds copyrighted images of nude and topless women who have not been surgically enhanced and makes that content available on a subscription basis through the Perfect 10 website and a quarterly magazine.

Zada's complaint accused the two credit card companies and banks of facilitating and profiting from the illegal use of copyrighted material on adult entertainment websites.

The complaint stated that Visa and MasterCard have made large sums of money from the sale of pirated adult content and should be held liable for any related copyright violation.

However, in an Aug. 5 ruling, Judge James Ware dismissed the allegations as failing to provide enough facts that the credit card companies and their affiliates participated, knowingly or not, in copyright infringement of Perfect 10's content.

Zada told XBiz in an earlier interview that over the past six years he has lost more than $29 million to copyright infringement and along with that, nearly $8 million in legal fees defending content for his Perfect 10 website and magazine.

After pumping most of his capital into producing quality content, Zada said he didn't realize webmasters were going to steal his images faster than he could produce them.

The August ruling comes on the heels of another ruling in a similar case against three payment processing companies for copyright and trademark infringement, unfair competition, false advertising, violation of right of publicity and RICO (Racketeer Influenced and Corrupt Organizations) Act violations.

Zada's lawsuit against CCBill, iBill, and Internet Key was rejected in July by U.S. District Judge Lourdes G. Baird based on the determination that the three companies did not directly or knowingly infringe on Perfect 10's content and that they qualified for safe harbor protections under the Digital Millennium Copyright Act, which limits online service providers from copyright infringement liability, among other conditions.

The plaintiffs argued that safe harbor only applied to search engines like Yahoo and Google, which locate and link to sites they are not affiliated with. But Baird said that a company that linked to a limited network of sites with which it had contractual relationships still qualified under the safe-harbors provisions.

Both decisions are a major setback to Zada, after spending years pursuing alleged copyright infringers. In 2002 Zada won a preliminary injunction against Cybernet Ventures Inc., the owners of adult verification service Adult Check. A similar lawsuit against Paycom was dismissed in 2002.

Zada has said that his company will appeal Ware's ruling.

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

VRPorn.com Launches 'Virtual Reality Porn' Meme Coin

VRPorn.com has launched a new cryptocurrency meme coin on its platform.

Angie Rowntree's Sssh.com Celebrates 25 Years of Pioneering Erotica

Over 25 years ago at an adult internet tradeshow called IA2000 and again later at WebExpo, a producer warned filmmaker Angie Rowntree that there was no market for “porn for women.”

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.

LaBellaDX Launches New Site Through YourPaysitePartner

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

Clip Page Launches 'Creator Analytics' Feature

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

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

MintStars Joins Pineapple Support as Supporter-Level Sponsor

Content platform MintStars has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Show More