Website Operator to Pay $75,000 in Underage Suit
A number of online adult companies were named in the original suit, which was filed by Jane Doe and then amended to include additional defendants, claiming they violated her right of privacy by posting her image without her authorization.
All of the defendants were discovered to have posted her unauthorized image on their sites two months after the original suit was filed at U.S. District Court in Orlando.
The Jane Doe plaintiff claims the commercial adult websites republished her photos after they were widely trafficked on online message board 4chan.org and well after the original suit was filed.
According to court documents, Doe, who is represented by adult industry attorney Marc Randazza and Kathryn Weston, and one of the defendants Emanuel Comsa, have agreed to a settlement of $75,000.
Comsa, who operates a slew of GF adult sites, including SunnyFuck.com, GirlGaze.com, BabeStare.com, ObsessedBitch.com, PokingBlondes.com and CremzBabes.com, among others, is also enjoined from further possession, use, sale, distribution or reproduction of any images involving Doe.
The court documents said, “As a direct and proximate result of the conduct by Comsa, Doe has suffered injuries including, but not limited to humiliation, embarrassment, pain and suffering, severe emotional distress and damage to her personal and professional reputation” when he posted her unauthorized image on GirlGaze.com.
"After investigation, the parties determined that there was no justification for a pursuit of this particular defendant on any claims that had any relevance to child pornography," Weston told XBIZ.
"The parties did determine that there was no rights of publicity problem, and that issue was resolved to the mutual satisfaction of both parties," she said.
Confidential settlements also have been reached with Doe and two other defendants, the owners of TenderGFS.com and FuckableGFS.com.
“The settlement was conditional on confidentiality, so we will not release their identities,” Weston said.
Weston also said that litigation is still pending among the remaining defendants, who include Nathaniel Frye, who allegedly took the photos of the woman who was 15 at the time; Andrej Mraz, who operates ExposedExGFS.com; P. Wawer, who operates CreamMyGirlfriend.com, as well as accompanying sites CumonGF.com, OnlyGF.com, DivineYoungTeens.com, TightAssGF.com, ExGFPussy.com, ExGirlfriendZ.com, SmuttyGirlfriends.com, YEXGFSPics.com and ExGFPleasure.com; BoobyTwister.com; Wired Web Entertainment of Phoenix, which operates BlowJobGF.com; Christopher Brewer; Nikola Kvesic; an individual identified as P.R.; JunkyPorn.net and SteadyOffLoad.com.
According to the original suit, Doe met Fry on MySpace.com and communicated through AOL Instant Messenger with him. She later traveled from her home in Seminole County, Fla., to his home to Sacramento, where the alleged photos were shot.
Fry, who was 18 at the time, took the photos of Doe performing oral sex on him. Prior to the sex act, Fry wrote the date "4/1/07" on his hand, which was later seen in the photographs.
"Plaintiff took a nap and awakened to find that Fry had uploaded the photos to [a] section on 4chan.org and that was, at the time, laughing and exchanging comments," the original suit said.
Later, Doe's co-workers viewed the photos on numerous websites. They told Doe that they saw her in poses on SeeMyGF.com, which subsequently removed the photographs.
But the photographs made their way to other sites, including two defendant websites that were later dropped from the suit. Also dropped from the suit were a number of online processors and revenue programs.
Later, other sites apparently picked up and posted the photos.