Judge Orders Gay Tube Site to Pay Nearly 1 Million Dollars
By: Jeff Livingston, Staff Writer
PHOENIX, AZ — Wednesday December 28, a federal Judge gave Award Winning Gay Adult Film site Corbin Fisher the green light to collect on a $990,000 default judgment against the operator of gay porn tube site ViniGay who was at one time marketed as the “No. 1 in Brazil for gay porn videos.”
U.S. Magistrate Judge Lawrence Anderson explained his decision in a 42-page ruling. The judge stated that a number of argumentative issues in the copyright infringement case, including personal jurisdiction and extraterritorial copyright infringement immunity was at the heart of his ruling.
Defendants Gustavo Paladeski from Brazil and his company, were sued after Corbin Fisher Entertainment discovered three of their movies uploaded and shared on ViniGay.com. The scenes were “Cory Fucks Lucas,” “Cain Fucks Travis and “Cory Fucks Dawson”. The defendant thinking that he was safe from civil liability by being based in Brazil never bothered to responded to Corbin Fisher Entertainment’s complaint.
In his ruling, Anderson said that the court had jurisdiction in the case because Paladeski signed up Wild West Domain as ViniGay’s domain name registrar, consenting to terms in the contract that linked personal jurisdiction to Maricopa County in Arizona, where the case was filed.
But Paladeski fired back stating that the U.S. court had no jurisdiction in this case. However U.S. Magistrate Judge Lawrence Anderson disagreed with the company.
Judge Anderson granted the judgement award and issued a permanent injunction against Paladeski from infringing on Corbin Fisher Entertainment’s works, plus attorneys fees of $16,000. Furthermore Judge Anderson ordered an impoundment of all infringing works in Paladeski’s possession.
Attorney Marc Randazza, who represents Corbin Fisher, said that the judge took great interest in deciding the case. “You can see how careful he analyzed how much damages were in the case,” Randazza told Adult Entertainment Business Magazine XBIZ. “In this case he ruled for actual damages against the defendant. “I think we are finding courts are not averse awarding actual damages in cases of pirated adult content.”
Randazza further said, collecting on the $990,000 award against a Brazilian living abroad would be difficult. Corbin Fisher Entertainment clearly knows they have a huge challenge in collecting.
Corbin Fisher Entertainment not only produces some of the hottest online gay porn in the marketplace but also has an exquisite underwear line that continues to generate huge revenue for retail outlets nationwide.