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Porn Maker Sues 7,000+ For Copyright Infringement

This summer, we discussed news that the producers of The Hurt Locker had sued 5,000 people for sharing the movie over BitTorrent. Reader suraj.sun writes with word that a porn company is now following suit, filing a complaint targeting 7,098 people for illegally sharing one of their films. Quoting: "Axel Braun Productions filed the complaint Friday in US District Court for the Northern District of West Virginia, alleging that the defendants illegally shared the adult film Batman XXX: A Porn Parody. The film was written and directed by Axel Braun and distributed by Vivid Entertainment, one of the country's best known porn studios. ... '**** 'em all,' Braun told Xbiz. 'People don't realize that when you pirate a movie it hurts all of the people who work very hard to get it produced — from the cast to the production assistants to the makeup artists. So we are going after every one of them who pirates our content.'"

46 of 374 comments (clear)

  1. Havent seen it. Let me go Download it... by Jackie_Chan_Fan · · Score: 4, Funny

    I havent seen this "film". I'll have to download it and check it out now. Thanks.

    I wonder why its so popular? I never thought to myself, "gee, I'd really like to fuck that girl... AS BATMAN!"

    1. Re:Havent seen it. Let me go Download it... by gustgr · · Score: 3, Interesting

      The interesting thing about this flick is that it actually has a history -- weak as it may be, I've seen worse in regular movies. The DVD even includes a 30 minutes long non-porn version of the movie in which all the porn scenes have been cut off.

      This non-porn version is probably just a reordering of the DVD chapters by excluding the porn chapters, but nonetheless it's pretty interesting, it really captures the spirits of the original series.

    2. Re:Havent seen it. Let me go Download it... by rtb61 · · Score: 4, Interesting

      Now technically as the movie can not demonstrate the ability to "promote the useful arts and sciences" under law it is not entitled to copyright protection. So for those who can stand the embarrassment of public admitting sharing that film, there is always a US constitutional challenge, bonus if you win you will strip the movie of it's copyright protection and challenge the whole MPA*/RIA* industry. What makes it interesting is that it will all be from a definitively conservative basis, it would be interesting to watch Republicans publicly attempt to defend copyright protections for pornography.

      --
      Chaos - everything, everywhere, everywhen
    3. Re:Havent seen it. Let me go Download it... by fishexe · · Score: 3, Funny

      I wonder why its so popular? I never thought to myself, "gee, I'd really like to fuck that girl... AS BATMAN!"

      What the fuck are you doing on Slashdot? Clearly you don't belong here.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    4. Re:Havent seen it. Let me go Download it... by gnasher719 · · Score: 3, Insightful

      Now technically as the movie can not demonstrate the ability to "promote the useful arts and sciences" under law it is not entitled to copyright protection.

      Non sequitur. You are talking about the motivation for copyright law. A work can be protected by copyright law without promoting the goals of copyright law.

    5. Re:Havent seen it. Let me go Download it... by SuricouRaven · · Score: 3, Insightful

      You're both right. Republicans, Democrats... they fight each other viciously on many issues, but this isn't one of them. When it comes to copyright, their policies are essentially identical: Do what the lobbyists ask.
      If confronted with the issue of porn copyrights, politicians of either side would just clam up and change the subject. They don't want to offend the social conservatives by appearing to support porn (Espicially the republicans, who are very dependant on that group), but they also don't want to raise the profile of copyright as an issue or risk upsetting the campaign contributors. So they'll just dodge the issue.

    6. Re:Havent seen it. Let me go Download it... by Zero__Kelvin · · Score: 4, Informative

      "The reason porn cannot be sold to minors is that it is considered worthless and thus not protected by the first amendment."

      The reason porn can be sold at all is be cause it is protected by the First Amendment. If it was not protected, then it couldn't be sold to anyone. The fact that it cannot be sold to minors is due to a specific exception to said free speech statutes. In fact, a recent case even suggests that the mere appearance of depicting minors, when they are in fact adults, may be protected as well: (from http://en.wikipedia.org/wiki/Miller_v._California)

      "In the recent Ashcroft v. Free Speech Coalition case, however, the Court held that sexually explicit material that appears to depict minors might be constitutionally protected."

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    7. Re:Havent seen it. Let me go Download it... by Teun · · Score: 5, Funny

      Plus the porn industry is heavily protected by lobbyists from the paper towel industry.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    8. Re:Havent seen it. Let me go Download it... by tmosley · · Score: 3, Interesting

      The funny thing is, you probably think Democrats DO.

      If you want REAL change, how about we dump the two corrupt parties that got us into this mess. EVERYONE should vote third party. Don't worry about "throwing your vote away", because the two parties are the same, and things just keep getting worse the longer they stay in power.

    9. Re:Havent seen it. Let me go Download it... by ScrewMaster · · Score: 3, Insightful

      No, it isn't. The establishment clause is one way. The government must stay out of church, that doesn't mean that church must stay out of government.

      Historically, that's not true. Whenever religion is allowed to interfere in government operations, you usually end up one becoming dominant, i.e. a State Church. And that's what the Framers were trying to avoid. Best to just keep them at arm's length.

      --
      The higher the technology, the sharper that two-edged sword.
    10. Re:Havent seen it. Let me go Download it... by geckoFeet · · Score: 3, Insightful

      Of course the phrase "Wall of Separation of Church and State" (note my attempts at 18th-cent. capitalization) doesn't appear in the constitution. You left out the "wall" part, but that's important because it's the reason the phrase doesn't appear. It's a metaphor, and has no place in a legal document such as a constitution. Thomas Jefferson used it later to explain his understanding of the 1st Amendment. Since he wrote the thing in the first place, he gets a pass here.

    11. Re:Havent seen it. Let me go Download it... by TheLink · · Score: 4, Funny

      I thought the Slashdot crowd were more inclined to robes and wizard hats...

      Times change I guess :).

      --
  2. Careful... by Anonymous Coward · · Score: 4, Funny

    they're cuming after you.

  3. I agree by should_be_linear · · Score: 5, Funny

    'People don't realize that when you pirate a movie it hurts all of the people who work very hard to get it produced'

    --
    839*929
    1. Re:I agree by SpeedyDX · · Score: 4, Funny

      Yeah! Those pirates are going down! They better look for legal protection and make sure their defence doesn't have any holes. Simply arguing that someone took advantage and had backdoor access to your wifi won't cut it. Braun is acting as a missionary for the rest of the porn industry to spread the seeds of change and finally rid it of piracy.

  4. Intellectual Property by Phroggy · · Score: 4, Interesting

    Is DC Comics getting royalties from this film?

    --
    $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
    $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    1. Re:Intellectual Property by Jackie_Chan_Fan · · Score: 4, Funny

      Not a dime, but DC gets to watch their childhood hero face fuck the joker...

      OH FUCK. I downloaded the gay one...

      wrong torrent.

    2. Re:Intellectual Property by Anonymous Coward · · Score: 5, Funny

      You downloaded Batman & Robin??

  5. Good. by dontPanik · · Score: 4, Insightful

    You know what? Good for the porn company.
    It's messed up that the EFF thinks that it's not okay to sue thousands of people at once. In my eyes, it seems like that's the best way to deal with it.
    I mean, piracy is messed up. I pirate things, but I know that pirating things doesn't help the people that create it. Music, movies, books, porn, no matter what you are pirating it. The only way to sensibly deal with this in court is to deal with everyone who's committing the "crime" (I say crime in quotations because I'm not going to say if piracy is really a crime).
    So I say good job porn makers. You guys are getting shafted, and it is messed up.

    --
    "Computers are useless. They can only give you answers." - Pablo Picasso
    1. Re:Good. by Anonymous Coward · · Score: 4, Insightful

      These porn guys are suing people for infringing "their" copyright. (I say their in quotations because the porn company is infringing on DC Comics copyright.)

      Ironic?

    2. Re:Good. by antifoidulus · · Score: 4, Insightful

      Actually the amateur stuff is just plain better. The "moaning" of women in the pro stuff is so obviously fake that it just sort of take me right out of the moment, the amateur stuff is much more realistic and on the whole just more fun to watch. Of course you have a lot of crap too, but thats why we have ratings systems.

  6. download does NOT equal loss of sale by Soulfarmer · · Score: 4, Insightful

    "'People don't realize that when you pirate a movie it hurts all of the people who work very hard to get it produced — from the cast to the production assistants to the makeup artists. So we are going after every one of them who pirates our content."

    No, it doesn't hurt you. Either I "preview" said film via torrent, maybe, or I don't see it at all. Now, please tell me where is the loss of sale? Oh, hurts.. well maybe that.

    --
    -Is the meaning of life vanity, or is vanity the meaning of life?
    1. Re:download does NOT equal loss of sale by rolfwind · · Score: 5, Insightful

      Can we say that not every download is a loss of sale, but some losses of sale can be attributed to downloading?

      Just because the RIAA/MPAA presents cases in black and white, doesn't mean we have to. It's harder to make them look ridiculous with their huge fines if we're not grounded in reality either and pretend d/l music/movies is so good that it helps children in Africa heal from AIDS and prolongs unicorn marriages.

      Maybe then it would help get saner copyright laws that isn't tilted towards corporate insanity.

    2. Re:download does NOT equal loss of sale by rudy_wayne · · Score: 3, Insightful

      Either I "preview" said film via torrent, maybe, or I don't see it at all. Now, please tell me where is the loss of sale?

      Which cuts directly to the real bullshit of the RIAA/MPAA's arguments. They are convinced that if they could just get tougher laws, more DRM and punishments straight out of the middle ages, then all their troubles would go away and they would make even more money than they do now.

      Unfortunately:

      1. There is no content so amazingly wonderful that I absolutely have to have it.
      2. There is a significant number of people who will never buy your product, at any price. If they can't get it for free, or really really cheap, then they will simply do without it (see point 1)
      3. Someone "pirates" your movie -- you get no money. People are afraid of getting sued for downloading it so they say "fuck it" and move on to something else (see point 2) in which case -- you get no money.

    3. Re:download does NOT equal loss of sale by rolfwind · · Score: 4, Insightful

      With porn, it is almost entirely a 'black and white' situation -- far more so than even mainstream media, where a huge portion would be, at best, lost rentals. If an average person decides to not download a specific porn title, would they proceed to: a) walk to their local porn shop and purchase that movie, or b) download a different pornographic movie/image (such as a non-studio 'production')? I'd almost be willing to stake my life on 'b' being true the vast majority of the time.

      Okay, let's take a different situation. Let's say you are an electrical customer and you decide to shower twice a day and so have that many changes of clothing - meaning twice as many loads in both the washer and the dryer as before. Will your single lifestlye choice result in a new power plant being built? Likely not. But what is 10 million people follow suit in similiar energy sucking choices? Maybe so, then.

      It's not an analogy, I'm just trying to illustrate cumulative effects.

      It's unlikely that most people are searching for any specific porn title. It's not the nature of this beast, like most movie genres. But the free sharing/uploading/downloading of porn probably has a very real effect on consumers.

      Maybe they wouldn't have gone into the store to buy it, but perhaps if they couldn't find the quantity they wanted freely online, they would have to take out a subscription to a site that licensed the works. And in the end, every producer is hit, because subscriptions are down, and the value in licensing every work out there goes down cumulatively as well. I'm sure Hotel PPV is suffering the same way among the younger, computer savvy crowd.

  7. Re:Piracy does NOT equal loss of life. by Soulfarmer · · Score: 3, Informative



    Yeah well, piracy as downloading and piracy as selling illegal copies are two different things. Downloading does not benefit anyone else but the downloader. I'm all against selling pirated stuff.

    --
    -Is the meaning of life vanity, or is vanity the meaning of life?
  8. Re:Justifying piracy. by Anonymous Coward · · Score: 3, Funny

    2/10, tl;dr.

  9. Re:Wait... what? by compro01 · · Score: 3, Interesting

    There is a plot. Almost always a mindlessly superficial plot which people ignore and wish wasn't getting in the way, but is included to get around the Miller test, but it is a plot.

    --
    upon the advice of my lawyer, i have no sig at this time
  10. Side note by 93+Escort+Wagon · · Score: 5, Funny

    '**** 'em all,' Braun told Xbiz.

    Interestingly, this statement also describes the main plot line of Batman XXX: A Porn Parody.

    --
    #DeleteChrome
  11. Wow... by shentino · · Score: 4, Funny

    These guys can be real dicks.

  12. panicking pornographers by stimpleton · · Score: 4, Interesting

    Pornography and its consumer's behaviors are changing, and traditionalists like Axel Braun and Vivid entertainment are worried. Their style of film is declining. In the 90's it was Porn star actresses and a fairly small pool it was too. There were plots, stories, romance.

    Only now in the last 5-10 years have producers realized that the market wants none of this. Guys (as consumers) want a new girl each in each scene and subsequent film. Porn Stars are now only tolerated because they have some special trick.

    And its changing still again, where people arent subscribing to the main stream "porn Pros" but to niche amateurs sites and marketers. An example is the "dogging" films (women engaging in sex at car parks etc), which originated in Britain. A guy in Ohio has picked up this phenomonon. His DVD's are selling very well thank you. And the old Skool pornographers don't like it. One bit.

    --

    In post Patriot Act America, the library books scan you.
    1. Re:panicking pornographers by Anonymous Coward · · Score: 4, Insightful

      Yeah, the true amateur is where it's at. Sure, the lighting is usually crap, there's often annoying music in the background, or the TV (seriously, who does that? Who fucks with the tv going. Muic I can understand, but trying to get it on with Saturday Night Liv in the background would distract the shit outa me!), and the "models" might not be 100% toned.

      But it's genuine. There's no crew standing around, it's not just zombie-like fucking, it's real sex, with people who often actually give a fuck about each other. 1555 times more arousing than a glorified prostitute with fake titties giving head to a ridiculously-large-penised guy with an IQ smaller than his wang-length

      / Anonymous for reasons of shame.

  13. Misquote by dangitman · · Score: 3, Funny

    '**** 'em all,' Braun told Xbiz.

    I very much doubt that he said "Asterisk asterisk asterisk asterisk 'em all." I know slashdot has incompetent editors, but you could at least get the fucking quote right.

    --
    ... and then they built the supercollider.
    1. Re:Misquote by AliasMarlowe · · Score: 4, Funny

      '**** 'em all,' Braun told Xbiz.

      I very much doubt that he said "Asterisk asterisk asterisk asterisk 'em all." I know slashdot has incompetent editors, but you could at least get the fucking quote right.

      Absolutely correct. From TFA, he actually said "F dash dash dash 'em all".
      Let's hope the submitter/editor can get it right, next time.

      --
      Those who can make you believe absurdities can make you commit atrocities. - Voltaire
  14. Costs by chaynlynk · · Score: 3, Insightful

    Stop charging $40 for your shitty porno and maybe people will care.
    New Hollywood movies don't even cost that much on blu-ray.

  15. Re:Wait... what? by Lloyd_Bryant · · Score: 4, Funny

    There is a plot. Almost always a mindlessly superficial plot which people ignore and wish wasn't getting in the way, but is included to get around the Miller test, but it is a plot.

    Off topic, but I ROFLed after reading that link - something called the "Three Prong Obscenity Test" sounds more like a porn quality control standard than a legal doctrine :)

    --
    Don't tell me to get a life. I had one once. It sucked.
  16. Usual hivemind fallacy by orbweaver · · Score: 4, Insightful

    How many times does it have to be pointed out: Slashdot is not a single person.

    But feel free to karma whore by blatantly ignoring this point which has been raised many times before in response to posts like yours. It seems that attacking the mythical "Slashdot group think" is an easy way to get a +5 Insightful on almost any story these days.

    1. Re:Usual hivemind fallacy by ScentCone · · Score: 3, Insightful

      It seems that attacking the mythical "Slashdot group think" is an easy way to get a +5 Insightful on almost any story these days.

      You mean kind of like karma whoring by trotting out the "The Slashdot Groupthink Meme Is False" meme? The only reason you're being so defensive is because he's actually dead on. The editorial slant at slashdot, and the large majority of the comments surrounding such issues, are just as he satirically describes them. And, of course, you know that, or you wouldn't be so prickly about it.

      You are technically correct (since I'm not a leech, or piracy advocate either), but you know he's actually correct, in practical terms, when it comes to the culture that rules slashdot and its ratings system.

      --
      Don't disappoint your bird dog. Go to the range.
  17. Re:Justifying piracy. by DiamondGeezer · · Score: 4, Funny

    Slashdot isn't a groupthink collective. You absolutely hit the nail on the head and I'm sure there are many Slashdotters nodding their heads in agreement.

    --
    Tubby or not tubby. Fat is the question
  18. Re:Justifying piracy. by Paradise+Pete · · Score: 5, Insightful

    Piracy isn't theft, yet GPL violations are referred to as "stolen GPL code.

    If you can't see the obvious difference between making an unauthorized copy of something and presenting someone else's work as your own then I can understand why copyright law is so screwed up.

  19. AIDS by Burnhard · · Score: 3, Interesting

    This is the same Vivid that has had to stop production due to one of their performers being diagnosed with HIV? No wonder he's having a hissy fit and throwing all of his toys out of the pram.

    If the porn industry wasn't rogering customers with stupidly expensive website fees, piracy wouldn't be a problem for it.

  20. Compulsory superman joke by janwedekind · · Score: 5, Funny

    Superman is kinda bored so he just starts flying around looking for something to do. He's flying over Wonder Woman's house and sees her bedroom window is open. He stops for a glimpse and sees her lying on her bed naked. She's lying there and squirming around looking real hot.

    Superman gets turned on looking at her so he decides what the hell, I can just fly in real quick, give her the ole' in-out and be out of there before she even knows what hit her. After all he is Superman. So, in he goes, wham-bam and he's out of there.

    Wonder Woman knew something happened and says, "What was that?" The invisible man says, "I don't know but, damn, is my ass sore."

  21. Oh bullshit by SmallFurryCreature · · Score: 4, Insightful

    This same argument has been used for newspapers, tv, radio, opera, iPod, mafia, whatever and guess what they are all still here.

    And as for dogging being the latest craze. Sorry, but are you TOTALLY incapable of seeing the irony in your own post? You are comparing Vivid to some guy selling DVD's in Ohio (and if he is selling them, then it ain't amateur anymore)? And the move to "amateur" is hardly new either. Gonzo mean anything to you?

    What has happened over the decades is that porn, has become more mainstream. As nudity becomes acceptable in this regular movie theather, porn has had to go further to still be able to sell. And tech has allowed it, ever closer close-ups, less need for the camera to dictate the action.

    And yet at the same time, the call for retro-porn, from a time when you could NOT see a girls cervix, is greater then ever. For every Dogging fan there is a guy browsing OLD magazines.

    The internet has shown us just how great the diversity in the taste of porn is, but that doesn't stop some kid coming along claiming that the DVD's from some guy in Ohio are where it is at.

    But don't worry. The newspapers, radio, tv, theathers, the iPod, and the mafia are SURE to take your hint and finally die off. Because YOU determined what EVERYONE else wants.

    Grow up.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  22. Re:Usual defender fallacy by Attila+Dimedici · · Score: 4, Insightful

    The thing is that Slashdot does not have a single "group think" position on any particular topic. On the issue of copyright I have noticed three distinct groups: those that think illegally copying electronic data (e-books, movies, music) is a right which should not be infringed (slightly overstated, but elements of the group go that far), those that think that many times those that produce creative works (books, movies, music) benefit from illegally copying of their work far more than they suffer (although anyone doing so for profit should be punished to the fullest extent of the law), and those who believe that anyone who copies creative works illegally deserves whatever punishment comes their way to the fullest extent of the law (and sometimes beyond). Which group controls the mods on a particular discussion depends on who has mod points at any particular time when such a subject comes up.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  23. Jefferson by Joe+U · · Score: 3, Informative

    "Separation of Church and State" does not appear anywhere in the Constitution. It is a phrase coined by Thomas Jefferson.

    Absolutely right.

    "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"

    Now, go promote one religion in government without stepping on several others. Can't do it, can you? You will ALWAYS upset some group if you go down that road.

    So, Jefferson clarified the establishment clause with the term "Separation of Church and State". Big deal, it's what the end result has to be or you wind up with a huge mess.

  24. "Previewed" it, but would not buy it by ethicalcannibal · · Score: 4, Interesting

    Sign me up as another voice that watched it, but would never spend money on it. My DL of it would never translate into a sale.

    Not because I don't spend money on porn. More because if I am going to put my cash into a porn film, which I have many times, it has to be more female friendly in the sex scenes. Don't get me wrong, the Batman XXX film is great in all the costuming, and details, they put in to mirror the old series. I was a happy at all details put in.

    However, being female, I really try to put my cash towards porn that acknowledges females get off, and are not just props that fake orgasms for the male actors in the film. That means, I would have never paid for this film. The movies that do achieve that get my cash. Even if I don't think they will be watched more than once because I want to support an industry that does things that way.

    This means my download would not have been a sale. This also means I would never have paid for it at all, unless I got to see another owners copy for free. It's far easier to assume a porn film will not fit my standards than to put money towards endeavors that don't.