the adult content website nHεntαi has filed a motion to dismiss the copyright infringement lawsuit brought against it by california-based PCR Distributing. The motion was submitted on January 6 in a federal court in California, alongside a request for a protective order to prevent PCR Distributing from accessing confidential information about the site and its operators.
In its motion, nHεntαi argued that the lawsuit lacks merit on several grounds. First, it pointed to a lack of sufficient copyright ownership by PCR Distributing. According to the US Copyright Office catalogue, at least three of the works in question have JAST USA as the claimant and legal owner of the copyright. Although PCR claims to operate as JAST USA, it did not demonstrate having secured exclusive rights for these works. Public records also show that JAST USA is a separate corporation from PCR, with no overlap in directors, owners, or addresses.
Second,nHεntαi highlighted the prescription of some copyright infringements. It noted that certain claims exceed the three-year limit established by law. For example, the book “Hey… Let’s Do It” was uploaded to the site more than seven years ago as an unpublished work. According to records, this work was registered as published on July 1, 2023, with an effective registration date of October 5, 2023.Therefore, PCR could not claim legal damages or attorneys’ fees since the work was not registered within three months after its publication.
Third, nHεntαi claimed it had prior permission to use the content. The company received written authorization in October 2020 from the editor-in-chief of JAST USA to host the content in question, which, according to the site, negates any accusation of unauthorized use.
additionally, nHεntαi filed a motion to remove all claims related to the nHεntαi.to website, should the court not dismiss the case entirely. It assured that it is not affiliated with said website, which uses a Tongan domain (.to).
nHεntαi also filed for a protective order after PCR Distributing issued a subpoena to obtain confidential information from the site. The subpoena sought documents,account records,and personal information from the site’s operators,including names,email addresses,IP addresses,user history,and any identifying data. The hearing for this motion is scheduled for February 12, and PCR Distributing must file its opposition by January 22.
PCR Distributing filed the lawsuit on August 30, alleging that nHεntαi distributes “thousands” of pirated works, including five registered under its ownership. PCR stated that nHεntαi has not responded to previously sent DMCA notices and that the site does not rely on user-generated content. According to the lawsuit, nHεntαi recorded an average of 79.38 million monthly visits in July 2024, with the United States and Japan being its main markets.
| Key Points | Details |
|—————-|————-|
| Motion to Dismiss | Filed on January 6, arguing lack of merit in the lawsuit. |
| Protective Order | Requested to prevent access to confidential information. |
| Copyright Ownership | PCR Distributing lacks sufficient ownership of the works in question. |
| Prescription of Claims | Some claims exceed the three-year legal limit. |
| Prior Permission | Written authorization received from JAST USA in october 2020. |
| Subpoena | PCR distributing seeks confidential information from nHεntαi. |
| Hearing Date | Scheduled for February 12, opposition due by January 22. |
The legal battle between nHεntαi and PCR Distributing continues to unfold, with both parties presenting their arguments in the federal court.The outcome of this case could have significant implications for the adult content industry and copyright enforcement practices.
Inside the Legal Battle Between nHεntαi and PCR distributing: A Copyright Expert Weighs In
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in a high-stakes copyright infringement lawsuit, the adult content website nHεntαi has filed a motion to dismiss claims brought by California-based PCR distributing. The case revolves around allegations of piracy,copyright ownership disputes,and the validity of legal claims. To shed light on the complexities of this legal battle, we sat down with Dr. Emily Carter, a renowned copyright law specialist, to discuss the key issues and potential implications of this case.
On Claim Ownership Disputes
Senior Editor: Dr. Carter, let’s start with the ownership dispute. nHεntαi argues that PCR Distributing lacks sufficient copyright ownership for at least three works in question. What’s your take on this?
Dr. Emily Carter: This is a crucial aspect of the case. According to the U.S. Copyright Office records,JAST USA is listed as the claimant for these works,not PCR Distributing. While PCR claims to operate as JAST USA,there’s no evidence they’ve secured exclusive rights to these works.Public records also show that JAST USA and PCR are separate entities with no overlapping ownership or directors. Without clear proof of ownership, PCR’s case could be considerably weakened.
Statute of Limitations and Prescription of Claims
Senior Editor: nHεntαi also argues that some claims exceed the three-year statute of limitations. Can you explain how this might impact the lawsuit?
Dr.Emily Carter: Absolutely. Under U.S. copyright law, claims must be filed within three years of discovering the infringement.nHεntαi points out that one of the works, “Hey… Let’s Do It,” was uploaded over seven years ago. Even though it was recently registered as published, the registration occurred after the three-year window. This could prevent PCR from claiming statutory damages or attorneys’ fees for that particular work. It’s a strong defense that could limit PCR’s claims.
Senior Editor: nHεntαi claims it had prior written permission from JAST USA to host the content. How does this factor into the case?
dr. Emily Carter: if nHεntαi can produce documented authorization from JAST USA, it could dismantle the core of PCR’s lawsuit. permission from the copyright owner would negate claims of unauthorized distribution. Though, this depends on the validity and scope of that authorization. If the document is clear and legally binding, it could be a game-changer.
The protective Order and Subpoena
Senior Editor: nHεntαi has also requested a protective order to prevent PCR from accessing confidential details. What’s the significance of this move?
Dr. Emily Carter: The subpoena issued by PCR seeks extensive personal and operational data from nHεntαi,including names,IP addresses,and user history. A protective order would shield this information, which is essential for protecting the privacy of the site’s operators and users. This is a common tactic in such cases, especially when sensitive data is at stake.
Implications for the Industry
Senior Editor: What broader implications could this case have for the adult content industry and copyright enforcement?
Dr.Emily carter: This case could set a precedent for how copyright disputes are handled in the digital age, especially for niche industries like adult content. If nHεntαi successfully defends itself, it could encourage other platforms to push back against aggressive copyright claims. Conversely, a win for PCR could lead to stricter enforcement and challenges for sites hosting user-generated or third-party content. It’s a pivotal moment for copyright law in the digital era.
