U.S. Justices Won't Hear DMCA Safe-Harbor Case Waged by Pink Visual (XBIZ)

Read the full article by Rhett Pardon at XBIZ.com

WASHINGTON — The U.S. Supreme Court on Monday denied Pink Visual’s petition to review its copyright infringement lawsuit against adult tube site Motherless.com.

Pink Visual’s parent, Ventura Content, had sought a decision by justices in a case that focused plainly on the Digital Millennium Copyright Act's safe-harbor provisions.

The adult company, once a commanding web platform for original adult content, alleged Motherless.com hadn't implemented effective procedures, including expelling repeat infringers, for dealing with DMCA-complaint notifications over stolen content. It contended in court proceedings that Motherless.com wasn’t merely a passive receptacle of postings over which it exercises no control.

Pink Visual sued Motherless after 19 copyrighted films, including 33 scenes, owned by the web platform, were found on the adult tube site.

In its petition that was denied by the court on Monday, Pink Visual’s counsel, Peter Afrasiabi, told U.S. justices that review of the case was warranted because a split exists in U.S. appeals courts on the meaning of a “reasonable termination policy for repeat infringers” under 17 U.S.C. § 512 (i), which spells out conditions for eligibility in regards to liability relating to material online.

It also said that review is warranted on 17 U.S.C. § 512 (c) over liability in regards to where information resides on systems and networks.