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ExtraTorrent.cc > Articles > Accused File-Sharer Claimed Porn Wasn’t Copyrightable

Accused File-Sharer Claimed Porn Wasn’t Copyrightable

Accused File-Sharer Claimed Porn Wasn’t Copyrightable

Added: Friday, February 10th, 2012
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
Recently, the Hard Drive Productions (a porn studio) launched a lawsuit against Internet users who allegedly downloaded their videos. However, the case in question has taken quite an interesting turn: one of the defendants, accused of downloading a porn video, insisted that copyright legislation can’t be applied to adult clips, because they are not copyrightable.
pncc.jpg

The defendant in question is a woman from California. Her petition for declaratory relief points at a provision of the American Constitution defining the purpose of copyright, which reads: “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”.

Meanwhile, such acronyms as P.O.V. or M.I.L.F. aren’t associated with such keywords as “science” and “useful arts”, so they can’t be qualified under copyright legislation. This means that copyright works only for the content that promotes the progress of science and the useful arts. The brief of the woman’s lawyer also notes that early Circuit law in California held that obscene works didn’t promote the progress of either science or the useful arts, and therefore can’t be protected by copyright.

The defendant has underlined this point a few times, pointing out that Hard Drive’s work didn’t promote the progress of science or the useful arts. In addition, the porn studio has judicially admitted that its content is adult pornography which depicts obscene material. The brief also said that plaintiff was informed and believed, and thereon alleged that to create the work, the studio and its partners and employees violated legislation that prohibited pimping, pandering, solicitation and prostitution, as well as any claims of conspiracy. The conclusion is that Hard Drive’s work is not copyrightable.

Meanwhile, it isn’t the first lawsuit Hard Drive Productions launches over copyright, and their affairs may be regarded by some as suspicious: for instance, last summer a California judge smashed the studio’s claims that almost 200 alleged pirates could be sued together. Later, the company tried a different approach by going to Washington judge with a case including 1,500 defendants and a grudge against the EFF.



By:
SaM
February 10th,2012

Posted by: 
SaM

Date:  Friday, February 10th, 2012



Comments (17) (please add your comment »)

1
posted by (2012-02-10 13:18:32)
ic3m4l3 avatarlol that company seems like ther just after money? wankers lol

2
posted by (2012-02-10 13:21:09)
samps avatarnice avatar DON

3
posted by (2012-02-10 13:37:02)
No avatarI wanna know who this woman is. Smart and into porn.

4
posted by ET lovermen (2012-02-10 14:13:44)
keith23uk avatarSure is a nice avatar DON used be me mine for a while, Interesting story.

5
posted by ET junkie (2012-02-10 15:49:39)
No avatarIt's a valid point, but the american justice system will cater to who has the most money.

6
posted by Blocked (2012-02-10 20:25:54)
No avatarwhy download those stuff from you-got-pay porn sites? some of the great pornsites, such as xhamster dot com, youjizz dot com, pornhub dot com....providing thousands flicks free to watch or download

7
posted by Turtle (2012-02-10 21:24:30)
djstorm2008 avatar@housearrested... thanks for the websites!!! ...lol

8
posted by ET junkiemen (2012-02-11 01:11:07)
4GET avatarif you visit some of the web sites mentioned make sure to wear a rubber ..from my own experience from starting out as exploring these sites getting to know the web taking a chance i got infected D COM EXPLOIT 9 infections fried my tool had to go to doc to clean my system !i learnt my lesson .tnx

9
posted by (2012-02-11 01:47:18)
NoelMyMan avatarThanks for the heads up,i will continue my porn downloading.

10
posted by Blocked (2012-02-11 03:54:18)
menahunie avatarInteresting; is that why when they film a porno they always have lookouts watching for the cops and the filming location aren't known until the last moment?
I'd say the Hard drive people are pricks..
Another point is they are suing this woman just for downloading their porn?
How do they justify the obscene amounts demanded for damages when she only downloaded it?
I haven't seen any claims by them she shared their porn.
I would think if found guilty she would only be liable for the market value if she went and bought it.

11
posted by Blocked (2012-02-11 18:06:50)
No avatarall i can add here it loool to the oen sharing the porn

12
posted by (2012-02-11 21:13:06)
DEMONLORD avatarnice read, lol, and again, its all about the money

13
posted by ET junkie (2012-02-12 01:39:34)
nightlybyday avatarperhaps someone else should sue hard drive for copyright infringement...I'm guessing there's a ton of movies exactly the same as theirs...hmmm... originality in a porn?...not bloody likely lmao... on an unrelated matter, never close a business email with the word regards...the t and g are far too close together on the keyboard.

retards;

14
posted by Blocked (2012-02-12 02:55:38)
menahunie avatarHow many times can you copyright ways to pound a hole??

15
posted by ET junkiemen (2012-02-12 03:15:10)
4GET avatartake tool box and pliers plug that leak

16
posted by Turtle (2012-02-13 02:48:57)
drslimshaddy avatarlool...F***k free,share free>!!!

17
posted by Blocked (2012-02-20 17:12:37)
No avatarInteresting! LOL! How can you copyright the Kama Sutra! ?



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