Federal Copyright Case Cites 'Perfect 10' Ruling

CHICAGO — In a case of particular interest to adult webmasters, a federal court has allowed evidence of “archived” versions of content stored at a third-party website.

Telewizja Polska USA Inc., a provider of television programming, and Echostar Satellite Corp. were involved in a contract dispute that centered on the contention that Echostar sold Telewizja Polska’s programming after their contract had expired.

But U.S. Magistrate Judge Arlander Keys for the U.S. District Court for the Northern District of Illinois turned back Telewizja Polska’s challenge to the admission of paper printouts of website content, ruling that the evidence met Federal Rule of Evidence 901’s threshold requirement of “genuineness” and that the genuineness of the website materials were for the jury to decide.

One of several pretrial motions filed by Telewizja Polska sought to bar the admission of the “archived” version of the website. The company contended that the exhibit constituted double hearsay.

But Keys disagreed and cited another federal court ruling, Perfect 10 Inc. vs. Cybernet Ventures Inc., No. CV01-2595 (2002), involving online adult companies.

In that case, a federal court admitted printouts of a website under the “best evidence” rule.

The court determined that Perfect 10 was likely to prevail on its claims contributory and vicarious copyright infringement against Cybernet for featuring more than 10,000 copyrighted Perfect 10 images in the Adult Check family of websites. It also ruled for Perfect 10 in its claims of unfair competition under California Business and Professions Code Section 17200.

In the current case, Telewizja Polska contended that Echostar had not properly authenticated the evidence, questioning the reliability of the Internet Archive Company as a verification source.

Keys noted, however, that despite Internet Archive’s relative newness to the industry, Telewizia Polska presented no evidence that it was unreliable or biased.

The case is Telewizja Polska USA Inc. vs. Echostar Satellite Corp., No. 02C3293.

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

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.

Pornhub to Shut Down Access in Florida Over Age Verification

Aylo will geoblock Pornhub across Florida starting Jan. 1, when HB 3, the state's age verification law, goes into effect.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

Show More