Porn Kings Call Bullshit on Falcon Photo

[gonzo]

LOS ANGELES - Affiliate program Porn Kings has asked a federal court to issue a declaration of non-infringement as part of its dispute with content owner Falcon Foto.

According to Porn Kings counsel Venkat Balasubramani, a Request for Declaration of Non-Infringement was filed Sept. 26 in the Central District Court of California and essentially asks the court to declare Porn Kings did not willfully violate copyright law as Falcon suggests in a competing lawsuit filed Sept. 24 in Seattle.

“We’re not looking for anything from Falcon except to say ‘leave us alone,’” Balasubramani said Tuesday.

“Porn Kings condemns Falcon’s efforts to file frivolous lawsuits and make money through litigation,” said Porn Kings owner Lucas Bradfield. “Porn Kings did not engage in acts constituting infringement.”

In addition to allegations that Porn Kings engaged in copyright infringement by using unlicensed Falcon Foto images, Bradfield and Balasubramani indicated they are particularly concerned that Falcon has made what might be considered threats to sue Porn Kings affiliates for contributory infringement.

“Falcon is undecided whether it intends to pursue infringement claims against affiliates,” Falcon attorney Robert Apgood told AVNOnline.com on Sept. 28.
Balasubramani said such comments remind him of legal maneuvering engaged in by the Recording Industry Association of America regarding unauthorized sharing of musical intellectual property.

“This [behavior] is indicative of something that’s over the top,” Balasubramani said. “It’s clear from hearing about the affiliate threats that the intent of Falcon is to disrupt [Porn Kings’ parent company Noble Developments Inc.’s] business.”

In fact, he noted, the dispute is as simple as “the parties were trying to work things out, and when that didn’t happen, Porn Kings filed suit to protect its interests.”

A formal statement released by Porn Kings on Tuesday read: “The recent [statements] from Falcon appear to be an attempt to strike fear into the affiliates of Porn Kings and damage its credibility with the affiliate relationships that it has built over the last year.”

However, according to Bradfield, “Porn Kings would like all of its affiliates to know that it is business as usual at Porn Kings, and that it is still doing what it does best.”
-------------------------------------------------------------------
Maybe they should have just paid for the content.

[Toby]

Originally Posted by gonzo

LOS ANGELES - Affiliate program Porn Kings has asked a federal court to issue a declaration of non-infringement as part of its dispute with content owner Falcon Foto...

Is Porn Kings saying that they paid for the content, or that they didn't use it? I see no other way they can claim "non-infringement".

[gonzo]

Originally Posted by Toby

Is Porn Kings saying that they paid for the content, or that they didn't use it? I see no other way they can claim "non-infringement".

They are scrambling to save face. Its black and white. They either used it or they didnt and if they didnt pay for it they stole it.

[TheEnforcer]

Should be interesting to see the battle play out.

[Jace]

It would be nice if Falcon would enter into fruitful working relationships with others in the industry, rather than trying to make money through litigation,” Bradfield said.

no shit, i agree