Brazzers took another hit this week in its legal defense against Pink Visual which is suing them for $6.75M, contending copyright infringement, according to a story reported on www.xbiz.com.
In an amended complaint made Thursday against the Montreal-based Masef, Inc., the parent company of Brazzers, Pink Visual maintained that Brazzers operates highly interactive websites in New York that permit its New York users to upload and download infringing files and that they maintain servers for their tube sites in New York. Mansef has been claiming they’re outside of US jurisdiction but Pink Visual has been trying to foster the claim that Mansef has substantial interests within the US and that the U.S. District Court in New York has jurisdiction over the case.
Pink Visual also contends that it was the victim of “millions of acts of infringement” that took place through Brazzers’ servers located in New York.
Pink Visual attorneys also said that Brazzers benefits from geo-targeted ads to New York users and that it staff shows up at adult industry trade shows and that the company sells physical products in the state.
U.S. District Judge Shira Scheindlin on Monday denied Mansef Inc., Brazzer’s parent company’s motion to dismiss a $6.75M suit filed by Pink Visual for alleging piracy.
In its suit Pink Visual’s claims that the Montreal-based Mansef, Inc violated 45 copyrights on four of its tube sites and that its business model depends on the lure of infringing materials and that the company fails to employ “any reasonable measures to reduce infringement on their websites.”
Mansef has previously contended that Pink Visual failed to make the case that it actually owns the copyrights on the videos in question. Mansef attorneys have also argued that the federal court lacks jurisdiction because “a more convenient alternate forum exists in Canada.”
With a mid-July deadline set, current and former Mansef execs are planned to be called to testify in deposition regarding the technical operation of Mansef-owned sites including the mechanisms for copying, distributing, uploading, displaying and performing files.
Pink Visual also wants to look at Mansef’s business plans and advertising revenue, as well as a review of content on the sites. In turn Mansef plans to depose current and former Pink Visual execs as well as look at its competitor’s business plans and explore Pink Visual copyrights and the methods it uses to police its copyrights.
The websites at issue in Pink Visual’s complaint include KeezMovies.com, PornHub.com, ExtremeTube.com and Tube8.com, all owned by Mansef Inc. and Interhub, whose officers operate both companies as well as one of the best-known adult companies, Brazzers.