{"id":70884,"date":"2023-02-01T09:01:33","date_gmt":"2023-02-01T09:01:33","guid":{"rendered":"https:\/\/www.cryptocabaret.com\/?p=70884"},"modified":"2023-02-01T09:01:33","modified_gmt":"2023-02-01T09:01:33","slug":"pornhub-risks-losing-its-domain-name-in-bizarre-piracy-lawsuit","status":"publish","type":"post","link":"https:\/\/www.cryptocabaret.com\/?p=70884","title":{"rendered":"Pornhub Risks Losing Its Domain Name in Bizarre Piracy Lawsuit"},"content":{"rendered":"<p><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2023\/02\/copyright-ph-300x148.png\" alt=\"pornhub copyright\" width=\"300\" height=\"148\" class=\"alignright size-medium wp-image-230402\" srcset=\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2023\/02\/copyright-ph-300x148.png 300w, https:\/\/torrentfreak.com\/images\/copyright-ph-18x9.png 18w, https:\/\/torrentfreak.com\/images\/copyright-ph.png 515w\" sizes=\"auto, (max-width: 300px) 100vw, 300px\">Pornhub is without a doubt one of the most visited adult entertainment outlets on the Internet.<\/p>\n<p>The \u2018entertainment\u2019 platform is owned by MindGeek, the company formerly known as Manwin. In just a few years it has transformed the adult industry\u2019s pay-to-access model into an all-you-can-eat, free-to-stream business.<\/p>\n<p>Part of this magic formula is down to Pornhub and other MindGeek-owned tube sites allowing users to share content. This material includes legitimate videos from official Pornhub models, as well as thousands of videos that are copyrighted by MindGeek, such as the Brazzers and Reality Kings brands.<\/p>\n<p>This content is freely available and monetized through advertisements. However, there is one particular threat to this lucrative business model: pirate sites. <\/p>\n<p>When Pornhub got started fifteen years ago the site featured many pirated videos itself. Today, this image has changed, partly due to the mandatory verification of uploaders. Instead, Pornhub\u2019s parent company MindGeek is now actively waging legal battles against competitors. <\/p>\n<p>These DMCA takedown campaigns and lawsuits have already resulted in some success. Just a few months ago, MindGeek won its case <a href=\"https:\/\/torrentfreak.com\/mindgeek-wins-32m-in-damages-from-adult-pirate-site-daftsex-com-221110\/\">against DaftSex<\/a>. In addition to millions of dollars in damages, the court also ruled that the company could take over related domain names, which had millions of visitors. <\/p>\n<p>DaftSex wasn\u2019t completely defeated and soon reappeared with a <a href=\"https:\/\/torrentfreak.com\/someone-tried-to-hijack-a-domain-seizure-order-posing-as-rightsholder-221222\/\">new domain name<\/a>. Meanwhile, MindGeek\u2019s attention is drawn to its lawsuit against tube site Goodporn, which had some bizarre developments recently. <\/p>\n<h2>MindGeek Sues Goodporn<\/h2>\n<p>Initially filed in 2021 at a federal court in California, the copyright infringement lawsuit accuses the site and its operator of large-scale copyright infringement. <\/p>\n<p>\u201cThe GoodPorn Website is a pirate website, displaying copyrighted adult entertainment content without authorization or license,\u201d the <a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.cacd.835405\/gov.uscourts.cacd.835405.1.0.pdf\">complaint<\/a> alleged. <\/p>\n<\/p>\n<p><center><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2023\/02\/complaint-mg.png\" alt=\"complaint\" width=\"600\" height=\"302\" class=\"alignnone size-full wp-image-230418\" srcset=\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2023\/02\/complaint-mg.png 1121w, https:\/\/torrentfreak.com\/images\/complaint-mg-300x151.png 300w, https:\/\/torrentfreak.com\/images\/complaint-mg-18x9.png 18w\" sizes=\"auto, (max-width: 600px) 100vw, 600px\"><\/center><\/p>\n<p>MindGeek initially tried to contain the problem by sending DMCA takedown notices. This didn\u2019t help, as the site purportedly ignored them, allowing it to profit from the alleged infringing activity of its users. <\/p>\n<p>\u201cDefendants do not even attempt to comply with their obligations under the DMCA. Instead, Defendants systematically refuse to comply with proper and compliant DMCA takedown notices,\u201d MindGeek wrote. <\/p>\n<p>The complaint is similar to those seen earlier targeting alleged pirate sites. The response is altogether different, however. Goodporn\u2019s owner, Amrit Kumar from India, is fighting back hard. <\/p>\n<h2>\u2018Pro Se\u2019 Defense &amp; Attack<\/h2>\n<p>Kumar has answered the complaint with \u201cpro se\u201d filings, which means that he is representing himself without a lawyer. This is unusual but not noticeable from the text. The arguments read as if they were written by an attorney or even a team of lawyers. <\/p>\n<p>After <a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.cacd.835405\/gov.uscourts.cacd.835405.46.0.pdf\">failing<\/a> to have the case dismissed over a lack of jurisdiction, the defendant submitted an answer to the complaint which denies all copyright infringement allegations in addition to a counterclaim. <\/p>\n<p>The counterclaims and defense go hand in hand. They are predicated on the claim that MindGeek (MG Premium) signed a bilateral agreement with Goodporn in 2019, to transfer the rights of its content. <\/p>\n<\/p>\n<p><center><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2023\/02\/agreement-porn.png\" alt=\"agreement\" width=\"600\" height=\"381\" class=\"alignnone size-full wp-image-230412\" srcset=\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2023\/02\/agreement-porn.png 1714w, https:\/\/torrentfreak.com\/images\/agreement-porn-300x191.png 300w, https:\/\/torrentfreak.com\/images\/agreement-porn-1536x976.png 1536w, https:\/\/torrentfreak.com\/images\/agreement-porn-18x12.png 18w\" sizes=\"auto, (max-width: 600px) 100vw, 600px\"><\/center><\/p>\n<p>A copy of the agreement is offered as evidence and signed by Kumar. MindGeek\u2019s Ferass Antoon is listed as the second signatory. Antoon was the CEO of the adult company but left his position a few months ago, <a href=\"https:\/\/www.washingtonpost.com\/business\/2022\/06\/21\/pornhub-mindgeek-leaders-resign\/\">according<\/a> to media reports.<\/p>\n<h2>Fraudulent Agreement?<\/h2>\n<p>Kumar brought this agreement up at an earlier stage of the lawsuit since it suggests that the site had the right to use the contested videos. In response, MindGeek subsidiary MG Premium dismissed the document as fraudulent. <\/p>\n<p>\u201cDefendant Kumar has made a claim of ownership of Plaintiff\u2019s work and infringement by Plaintiff. First, he claims ownership over all of Plaintiff\u2019s works via a contract that is, on information and belief, fraudulent. <\/p>\n<p>\u201cThe alleged signatory for Plaintiff, Feras Antoon, has never held any position with Plaintiff,\u201d MG Premium added.<\/p>\n<p>The latter sentence may refer to the fact that MindGeek is not the same company as MG Premium. The latter is a subsidiary, under which thousands of MindGeek-linked copyrights are registered. <\/p>\n<p>Whether the document is real or not remains a point of contention and it\u2019s not our place to opine on that. The matter will eventually have to be resolved in court but the counterclaim suggests more fireworks may lie ahead. <\/p>\n<h2>Millions + Pornhub.com<\/h2>\n<p>Goodporn accuses MG Premium of unfair business practices and breach of contract. The first claim partly relates to DMCA notices MG Premium sent to Google, asking it to remove Goodporn URLs. The notices were illegitimate, Kumar argues. <\/p>\n<p>The breach of contract claim alleges that MG Premium is the copyright-infringing party here, as the company signed over its rights to Goodporn. <\/p>\n<p>\u201cCounter Plaintiff entered into a bilateral agreement with Counter defendant, MG Premium Ltd, under which all the counter defendant\u2019s contents, including videos, galleries, and stories, were transferred to Counter Plaintiff. Counter Defendant is currently violating counter Plaintiffs copyrights by continuing to use these works without permission.\u201d<\/p>\n<p>Kumar adds that the agreement is legitimate and suggests that there is a financial paper trail to back this up.<\/p>\n<p>\u201cThe bilateral agreement is real and legitimate. The contract\u2019s validity can be confirmed by checking Mr. Feras Antoon\u2019s financial statements or those of his partners, such as Bernd Bergmair, who owns a majority of Mind Geek, and David Tassillo, the COO of the company.\u201d<\/p>\n<\/p>\n<p><center><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2023\/02\/real.png\" alt=\"\" width=\"600\" height=\"309\" class=\"alignnone size-full wp-image-230415\" srcset=\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2023\/02\/real.png 1649w, https:\/\/torrentfreak.com\/images\/real-300x155.png 300w, https:\/\/torrentfreak.com\/images\/real-1536x792.png 1536w, https:\/\/torrentfreak.com\/images\/real-18x9.png 18w\" sizes=\"auto, (max-width: 600px) 100vw, 600px\"><\/center><\/p>\n<p>The court will ultimately have to make sense of this bizarre situation. Kumar\u2019s demands show that there is a lot at stake, including Pornhub\u2019s future.<\/p>\n<p>As part of the counterclaim, Goodporn requests $10 million in damages for breach of contract, as stipulated in the agreement. In addition, Goodporn wants to be on record as the legitimate rightsholder, while MG Premium should stop all infringing activities.<\/p>\n<p>The Pornhub.com domain name is also at risk, as Goodporn asks the court to sign it over if it wins the case.<\/p>\n<\/p>\n<p><center><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2023\/02\/phdomain.png\" alt=\"domain demand\" width=\"600\" height=\"184\" class=\"alignnone size-full wp-image-230416\" srcset=\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2023\/02\/phdomain.png 1578w, https:\/\/torrentfreak.com\/images\/phdomain-300x92.png 300w, https:\/\/torrentfreak.com\/images\/phdomain-1536x472.png 1536w, https:\/\/torrentfreak.com\/images\/phdomain-18x6.png 18w\" sizes=\"auto, (max-width: 600px) 100vw, 600px\"><\/center><\/p>\n<p>The counterclaim further requests an order that requires Google to reinstate all Goodporn URLs that were removed based on MG Premium\u2019s DMCA notices, while credit card businesses should be ordered to stop working with allegedly infringing sites such as Brazzers.com and Mofos.com.<\/p>\n<p>Needless to say, the allegations from both sides must be proven before damages or other relief come into play. Thus far, the adult entertainment imperium doesn\u2019t seem to be particularly concerned.<\/p>\n<p>\u201cThese counterclaims are untrue, frivolous, and absurd. We look forward to our attorneys dealing with this matter through the court system,\u201d MindGeek informs TorrentFreak. <\/p>\n<p><em>\u2014<\/em><\/p>\n<p>A copy of Goodporn\/Amrit Kumar\u2019s answers, defenses, and the counterclaims are available <a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.cacd.835405\/gov.uscourts.cacd.835405.63.0.pdf\">here (pdf)<\/a>. The document also contains the relevant exhibits including the agreement<\/p>\n<p>From: <a href=\"https:\/\/torrentfreak.com\/\">TF<\/a>, for the latest news on copyright battles, piracy and more.<\/p>\n<p class=\"wpematico_credit\"><small>Powered by <a href=\"http:\/\/www.wpematico.com\" target=\"_blank\" rel=\"noopener\">WPeMatico<\/a><\/small><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Pornhub is without a doubt one of the most visited adult entertainment outlets on the Internet. The \u2018entertainment\u2019 platform is owned by MindGeek, the company formerly known as Manwin. In just a few years it has transformed the adult industry\u2019s pay-to-access model into an all-you-can-eat, free-to-stream business. Part of this magic formula is down to [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":70885,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[308],"tags":[],"class_list":["post-70884","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-torrent"],"_links":{"self":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts\/70884","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=70884"}],"version-history":[{"count":0,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts\/70884\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/media\/70885"}],"wp:attachment":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=70884"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=70884"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=70884"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}