Porn and Copyright

Copyright and Porn

Porn made the headlines this month as figures were released estimating that 30% of all Internet traffic involves porn. YouPorn for example has more than 100 million page views daily. ExtremeTech the website that made the estimate quipped “The Internet really is for porn”. It underlines how significant porn has been to the Internet. In the USA the Motion Picture Association of America (MPAA), is supporting a case brought by Flava Works, a porn studio.

The case is important as the MPAA whose other clients include Disney are throwing their support to Flava as it concerns whether or not embedding videos on a third-party website constitutes piracy.

Flava is accusing myVidster of allowing its videos to be embedded without authorization. It is similar to the Viacom case brought against YouTube in 2007 which was settled without it reaching a conclusion. Flava has been persistent and its case has reached the important seventh circuit court of appeals.

In July 2011, Illinois district court judge John F Grady granted Flava a preliminary injunction against Gunter [the owner of my Vidster] stating “Gunter does not warn his users about copyright infringement….he removes videos from myVidster that are listed in DMCA notices, but goes no further. Beyond his mechanical response to the notices, Gunter refuses to concern himself with copyright protection. It is true that service providers are not required to police their sites for infringement, but they are required to investigate and respond to notices of infringement – with respect to content and repeat infringers.”

However it is hugely significant that the MPAA has backed Flava’s complaint “MyVidster users who posted embedded links to video streams directly infringed the performance right even though they did not necessarily possess a copy of the infringed work….advertised the availability of infringing material, including mainstream motion pictures and wilfully blinded itself to infringements by failing to take steps, like filtering, to identify re-postings of the same infringing links that Flava had already identified.”

So love it or loath it. Porn is having an influence.

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