Legal Issues

by Mike Masnick

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

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.

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