Hirsch's
Vivid Entertainment, the biggest name in the $12 billion-a-year adult video
industry, filed a familiar-sounding lawsuit last month against PornoTube,
one of a handful of popular video-sharing sites styled as the dirtier,
sexier, money-shot cousins of YouTube, Redstone's legal nemesis. Similar to
the Google-owned video juggernaut, PornoTube has become a destination for
free porn by letting anyone post sex videos without filtering out clips that
might be copyrighted."In other words," the lawsuit reads, PornoTube "deliberately and knowingly built a library of infringing works ... enabling them to gain an enormous share of Internet traffic, increase its businesses and earn vast amounts of revenue in the process."
Viacom's words, almost exactly, in its $1 billion claim against YouTube, filed last March and just entering the discovery phase in New York. At issue in both cases is whether video-sharing sites are shielded by the Digital Millennium Copyright Act if they take down videos when asked and don't profit "directly" from the infringements. (Vivid also claims PornoTube violates a strict child-pornography law by not verifying the ages of the participants in videos posted on its site, though recently an appeals court ruled against that law on free speech grounds.)
The copyright issue is unsettled, but the plaintiffs are piling up. Vivid joins Titan Media, a gay erotica publisher that sued the Michael Eisner-backed Veoh, as well as Viacom and the members of a class action also pending against YouTube in New York.





Deliberate
Orgasm Duet