TheEroticReview Founder Ordered to Pay $20,000
LOS ANGELES — The founder of TheEroticReview.com has been ordered to pay $20,000 in a default judgment to the online adult model who sued him for copyright infringement.
The Long Beach, Calif., model, named as a Jane Doe in the lawsuit, sued David Elms, along with Elms Web Services for copyright infringement involving photographs from four different shoots.
Doe, who owns a members-only subscription website through her Kentucky-based company BFN LLC, not only made infringement claims but also included charges of defamation and intentional infliction of emotional distress, because TheEroticReview.com’s David Elms allegedly used the model's real birth name in a domain name.
The original complaint also alleged that “Elms directed his anger and vengeance at Doe because she refused to engage in sexual intercourse with him and because Doe refused to allow her name to be published on a website he controls.”
But last year, the court indicated that it would decline to hear most of Doe’s claims against Elms and his company, Elms Web Services, with the exception of copyright infringement.
Last year, Elms and website representatives didn't show up in court despite being incarcerated, leading U.S. Judge George Wu to sign off on the default judgment last month.
At post time, it wasn't clear whether Elms continues to operate TheEroticReview.com. He has been serving time in Arizona, stemming from aggravated assault and conspiracy convictions in Phoenix.
Police said that Elms was seeking to contract out a hit to have a 32-year-old online adult model and escort killed, as well as a 62-year-old webmaster who owns a competing escort review site, SexWork.com.
Elms later fled the U.S. after posting bail of $150,000, possibly traveled to Dubai and then tried to return back to the U.S. through Mexico, authorities said.
Elms is scheduled to be released from prison in March 2013.