Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
dmca, liability, porn, takedown notices, videos

Companies:
aebn, porntube, vivid




The Porn Parallel To Viacom Suing YouTube: Vivid Sues PornoTube

from the this-sounds-familiar,-doesn't-it... dept

We all know that Viacom is suing YouTube, claiming that the online video hosting site is infringing its copryrights. However, it looks like a very similar case is happening over in the adult entertainment world, as Vivid, a top adult entertainment video producer, is suing PornoTube, a YouTube clone that focuses (of course) on pornographic videos. The argument is basically the same. PornoTube claims that it's protected by safe harbors and that it's only the service provider and should have no liability. Vivid claims that PornoTube crosses the line and encourages the uploading of unauthorized materials (sound familiar?). To make this case a little more confusing, there are some additional laws covering the producers of pornographic materials, and Vivid points out that PornoTube is not abiding by them, such as the requirement that the producer keep age records of all performers. To be fair, that particular aspect of the law has recently been tossed out, but just in the Sixth Circuit Court of Appeals. Either way, this lawsuit should basically follow the same path as the Viacom/YouTube one, as the situation and the arguments are likely to be nearly identical.

12 Comments | Leave a Comment..

 

Reader Comments (rss)

(Flattened / Threaded)

  1. Slight correction

    by thedude - Dec 11th, 2007 @ 7:01pm

    Its PornoTube, not PornTube.

    (reply to this comment) (link to this comment)

  2. Re: Slight correction

    by icon Mike (profile) - Dec 11th, 2007 @ 7:11pm

    Oops. Fixed. Thanks.

    (reply to this comment) (link to this comment)

  3. exciting job

    by Sam Erb - Dec 11th, 2007 @ 8:07pm

    Now there's a exciting position @ Viacom:
    Pornographic content infringment moniter

    (reply to this comment) (link to this comment)

  4. Re: exciting job

    by GeneralEmergency - Dec 11th, 2007 @ 9:45pm

    (reply to this comment) (link to this comment)

  5. by Anonymous Coward - Dec 11th, 2007 @ 9:49pm

    There's a pornotube ?

    (reply to this comment) (link to this comment)

  6. how many!

    by caravan rider - Dec 11th, 2007 @ 10:03pm

    I thought there was only youporn! Thanks another site to visit..

    (reply to this comment) (link to this comment)

  7. it happens

    by Anonymous Coward - Dec 11th, 2007 @ 10:15pm

    Bah, Redtube is better anyway.

    (reply to this comment) (link to this comment)

  8. by Anonymous Coward - Dec 11th, 2007 @ 11:47pm

    god i love the internets

    (reply to this comment) (link to this comment)

  9. PornoTube sucks anyway...

    by Porn Lover - Dec 12th, 2007 @ 3:52am

    Last time I checked, PornoTube was filled with broken links, repeated videos and random exhibitionist dudes jerking off on webcam...

    RedTube and Yuvutu are much better. Hadn't heard of YouPorn though, gotta check it out ;)

    (reply to this comment) (link to this comment)

  10. One would think

    by Ferin - Dec 12th, 2007 @ 5:09am

    That until SCOTUS rules on the record keeping law, there's not much reason to go after pornotube for not following it.

    (reply to this comment) (link to this comment)

  11. Illegal Content and Copyright

    by Scott_P - Dec 13th, 2007 @ 9:10am

    Here is an interesting thought...in many pornographic videos, the content is illegal in many states. So, can one claim copyright protection on material that is not legal in the first place??? Discuss

    (reply to this comment) (link to this comment)

  12. Re: PornoTube sucks anyway...

    by Anonymous Coward - Dec 30th, 2007 @ 5:48pm

    (reply to this comment) (link to this comment)

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