Can Porn Be Copyrighted?

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pornIn the U.S. tens of thousands of people have been dragged into lawsuits by porn studios. All are accused of downloading adult movies on BitTorrent without consent.

In recent months a few of these BitTorrent downloaders started to fight back.

Among other things they claim that porn can’t be copyrighted, because it doesn’t fit the basic principle that copyright should promote “the progress of science” or “useful arts.”

As a result copyright infringement is impossible. But not everyone agrees.

Malibu Media, who are counter sued by “BitTorrent” defendant Jeff Fantalis for millions of dollars,

The First Amendment Lawyers’ Association is getting involved in the case and tell the judge that the claim because it’s discriminatory.

“[The defendant's] position contradicts the Copyright Act and seeks a sweeping, content-based restriction on what genre of works are entitled to copyright protection,” they write in their brief.

“This restriction would, if accepted, not only create a Constitutional problem, but a practical one — fragmenting copyright law on the basis of local community standards.”

A negative ruling on this issue for Malibu Media could be the end of the copyright trolling by adult movie studios.

In addition to the copyright claim, Fantalis also wants millions of dollars in damages for defamation, emotional distress and invasion of privacy.

Definitely a case to watch.

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