XPays Alleges 2257 Violations in 'Hilton' BitTorrent Suit

Jul 19, 2011 10:30 AM PST

LOS ANGELES — XPays has filed its second copyright infringement complaint against  BitTorrent users who are alleged to have shared the “Paris Hilton Sex Tape.”

The federal complaint filed yesterday at U.S. District Court at Los Angeles names 995 John Doe defendants and claims not only infringement but unfair business practices because the defendants are acting as "secondary producers" as it relates to 18 U.S.C. § 2257.

"By inserting unauthorized copies of [XPays' movie] into the BitTorrent program, defendants became 'secondary producers' of [XPays' movie] ... and they are subject to all of the requirements imposed on 'secondary producers' by the 2257 regulations," the suit said.

XPays in January filed a similar suit against 843 Does, but did not include language in its original complaint relative to possible 2257 violations among the Does.

XPays, which is represented by adult industry attorney Michael Fattorosi in both suits, received the green light in March from U.S. Judge James Otero to start asking ISPs to identify the Does' identities in the first XPays BitTorrent suit.

Fattorosi declined comment on the cases to XBIZ, citing that he doesn't comment on pending litigation he works on.

After XPays filed its January suit, the online adult company offered amnesty to anyone who wished to come forward to resolve their case anonymously. Surfers who illegally downloaded the “Paris Hilton Sex Video" could have resolved the matter for $500 at the time.

San Francisco-based XPays obtained the rights in 2004 to sell, market and otherwise exploit the Hilton video, also known as "1 Night in Paris," on the Internet. Red Light District has the exclusive rights for DVD distribution.

Monday's suit outlines the arrangement between XPays and Merlin Designs Ltd., which entered into a deal with Jim Salomon via Rick Salomon for the tape. The complaint also includes documents supporting the deal for the tape.

XPays is seeking injunctive relief, prohibiting each defendant from further infringing on its copyright, and damages from the Does.

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