Private's Suit Against DrTuber.com Is Rejected - GoFuckYourself.com

DVTimes · 03-12-2012, 06:03 AM

A federal judge this week rejected Private Media Group's copyright infringement suit against Russian citizen Igor Kovalchuk, who was said to operate tube site DrTuber.com.

U.S. District Judge Mark Bennett dismissed the suit after ruling that Private hasn't "sufficient minimum contacts with Iowa to satisfy due process and permit the exercise of personal jurisdiction over him."

The case, filed last year at federal court in Iowa, alleged that DrTuber.com streamed 31 of its videos. Private was asking for $4.65 million in damages, as well as attorneys fees and court costs.

Private, in its complaint through its Fraserside IP unit, asserted that DrTuber is "one of the rogue pirates running such a site and willfully violating its copyrights and trademarks in the process."

But on Monday Bennett ruled that Kovalchuk, DrTuber's reported operator, would be entitled to succeed in a motion to dismiss for lack of personal jurisdiction because Private could not establish that he actually operated the site.

"[Private] asserts that specific jurisdiction over Kovalchuk exists because Kovalchuk has directed tortious conduct at it, an Iowa business, through his ownership and operation of the website DrTuber.com," Bennett wrote. "Although I accept as true [Private]'s allegations that the website DrTuber.com has infringed Kovalchuk?s registered copyrights and trademarks, these allegations, alone, fail to demonstrate that Kovalchuk 'uniquely or expressly aimed' any tortious acts at Iowa."

Bennett, who made a similar ruling in another Private suit against xHamster earlier this year, said he considered five factors developed by the 8th U.S. Circuit Court of Appeals, which presides over federal cases in Iowa, determining whether a nonresident defendant has sufficient minimum contacts with the forum state to exercise personal jurisdiction over it.

Those factors include, Bennett said, the nature and quality of the contacts with the forum state; the quantity of the contacts with the forum state; the relation of the cause of action to the contacts; the interest of the forum state in providing its residents a forum; and the convenience of the parties.

"Kovalchuk has no employees in Iowa, no telephone number in Iowa and no agent for service of process in Iowa, "Bennett said. "Kovalchuk has never visited Iowa and has never conducted any business in Iowa. He does not own or lease any real estate in Iowa."

The DrTuber judgment Tuesday's decision is another setback for Private, which has vowed to appeal Bennett's similar xHamster dismissal to the 8th Circuit. At post time, it wasn't clear whether Private would appeal the DrTuber ruling, as well.

Meanwhile, Private apparently has reached a deal with operator Joe Olivero and tube site TubeRip.com over copyright infringement charges in which Barcelona-based Private was seeking $7.65 million in damages.Terms of the apparent settlement were not disclosed.

TubeRip was alleged to have poached and streamed 51 Private movies.

With the settlement, Bennett signed off on dismissing that suit on Wednesday.

Private did not respond by post time for XBIZ comment on the pair of cases.

http://www.xbiz.com/news/145477

http://www.drtuber.com/

JFK · 03-12-2012, 06:14 AM

seems like a fair judgement

""Kovalchuk has no employees in Iowa, no telephone number in Iowa and no agent for service of process in Iowa, "Bennett said. "Kovalchuk has never visited Iowa and has never conducted any business in Iowa. He does not own or lease any real estate in Iowa."

"

DWB · 03-12-2012, 06:27 AM

Someone just needs to on an "American solider in Afghanistan" shooting spree and deal with all of these site owners properly. Fuck the legal system.

Nautilus · 03-12-2012, 06:34 AM

Any comments from Private reps here?

Fletch XXX · 03-12-2012, 06:36 AM

The judge prolly sit on YouTube everynight. More and more tybes will win as they are accepted greatly by mainstream...

DVTimes · 03-12-2012, 06:42 AM

I posted the tube site as it seems to be full of pirated content.

so have a check to see if your content is on it.

pimpmaster9000 · 03-12-2012, 06:47 AM

Quote:

Originally Posted by Fletch XXX

The judge prolly sit on YouTube everynight. More and more tybes will win as they are accepted greatly by mainstream...

riiiiiiiiiggghtt.....and the government will let all that pretty multi billion $$$ tax dollar form the entertainment industry just go to the pirate tubes for free...yeah that sounds right

...shiiiiit I bet the US will put a jolly roger on the flag just to support the piratebay.su LOL because they are very fond of downloading free shit in the government...yep thats exactly whats going to happen

L-Pink · 03-12-2012, 07:12 AM

Quote:

Originally Posted by DWB

Someone just needs to on an "American solider in Afghanistan" shooting spree and deal with all of these site owners properly. Fuck the legal system.

Where do I send donations?

.

jack-exploitedbabysitters · 03-12-2012, 07:20 AM

time to move to russia and start a illegal tube - jacko is coming baby

porno jew · 03-12-2012, 08:03 AM

....................................

spazlabz · 03-12-2012, 08:07 AM

Quote:

Originally Posted by Fletch XXX

The judge prolly sit on YouTube everynight. More and more tybes will win as they are accepted greatly by mainstream...

Gideon????

KIDDING!

tucker · 03-12-2012, 08:29 AM

This will be refiled in a district where DrTuber HAS more easily provable ties.

Nautilus · 03-12-2012, 09:00 AM

Quote:

Originally Posted by tucker

This will be refiled in a district where DrTuber HAS more easily provable ties.

Thanks for keeping us informed.

JayDeeZee · 03-12-2012, 09:43 AM

Quote:

Originally Posted by Nautilus

Any comments from Private reps here?

We're a publicly held company and won't allow reps to comment on legal issues. We leave that to the legal team.

If the defendant wishes to settle the matter, we're happy to direct him to our legal team.

DamianJ · 03-12-2012, 09:44 AM

Quote:

Originally Posted by tucker

This will be refiled in a district where DrTuber HAS more easily provable ties.

go gettem tucker!

Why · 03-12-2012, 09:52 AM

if tuber operators were watching these cases they would know exactly what to do to throw a wrench in the content holders litigation plans. maybe they shouldnt be making PR about such things.... from what i read, if you had no hosting, banking, corporations or phone numbers here, your not really liable for US copyright infringement.

although i do think it a fair judgement. taking people to odd states to litigate is kind of strange IMHO. shouldnt PRVT be doing these things in NV ?

Paul · 03-12-2012, 09:52 AM

Quote:

Originally Posted by crucifissio

riiiiiiiiiggghtt.....and the government will let all that pretty multi billion $$$ tax dollar form the entertainment industry just go to the pirate tubes for free...yeah that sounds right

...shiiiiit I bet the US will put a jolly roger on the flag just to support the piratebay.su LOL because they are very fond of downloading free shit in the government...yep thats exactly whats going to happen

The Porn Nerd · 03-12-2012, 10:53 AM

I find it HILARIOUS that a Spain-based company is suing a Russian in Iowa. LOL

Hey Spain - get your economy and shit together, stop fucking up the Euro and all of Europe's economy, thus making it harder for me to make sales in Europe, and - here's an idea! - go after these tubes in a jurisdiction where you might get some satisfaction. Iowa? OMG.

Carry on, this crazy business.

(Not saying Private has anything to do with the EU situation but just took this opportunity to mention how FUCKED UP Spain is.)

2intense · 03-12-2012, 10:55 AM

copy----->paste

V_RocKs · 03-12-2012, 12:21 PM

A tube using illegal videos... and after getting sued and switching back to 2 - 5 minute videos...

03-12-2012, 06:03 AM	#1
DVTimes xxx Industry Role: Join Date: Jun 2003 Location: UK Posts: 31,544	Private's Suit Against DrTuber.com Is Rejected A federal judge this week rejected Private Media Group's copyright infringement suit against Russian citizen Igor Kovalchuk, who was said to operate tube site DrTuber.com. U.S. District Judge Mark Bennett dismissed the suit after ruling that Private hasn't "sufficient minimum contacts with Iowa to satisfy due process and permit the exercise of personal jurisdiction over him." The case, filed last year at federal court in Iowa, alleged that DrTuber.com streamed 31 of its videos. Private was asking for $4.65 million in damages, as well as attorneys fees and court costs. Private, in its complaint through its Fraserside IP unit, asserted that DrTuber is "one of the rogue pirates running such a site and willfully violating its copyrights and trademarks in the process." But on Monday Bennett ruled that Kovalchuk, DrTuber's reported operator, would be entitled to succeed in a motion to dismiss for lack of personal jurisdiction because Private could not establish that he actually operated the site. "[Private] asserts that specific jurisdiction over Kovalchuk exists because Kovalchuk has directed tortious conduct at it, an Iowa business, through his ownership and operation of the website DrTuber.com," Bennett wrote. "Although I accept as true [Private]'s allegations that the website DrTuber.com has infringed Kovalchuk?s registered copyrights and trademarks, these allegations, alone, fail to demonstrate that Kovalchuk 'uniquely or expressly aimed' any tortious acts at Iowa." Bennett, who made a similar ruling in another Private suit against xHamster earlier this year, said he considered five factors developed by the 8th U.S. Circuit Court of Appeals, which presides over federal cases in Iowa, determining whether a nonresident defendant has sufficient minimum contacts with the forum state to exercise personal jurisdiction over it. Those factors include, Bennett said, the nature and quality of the contacts with the forum state; the quantity of the contacts with the forum state; the relation of the cause of action to the contacts; the interest of the forum state in providing its residents a forum; and the convenience of the parties. "Kovalchuk has no employees in Iowa, no telephone number in Iowa and no agent for service of process in Iowa, "Bennett said. "Kovalchuk has never visited Iowa and has never conducted any business in Iowa. He does not own or lease any real estate in Iowa." The DrTuber judgment Tuesday's decision is another setback for Private, which has vowed to appeal Bennett's similar xHamster dismissal to the 8th Circuit. At post time, it wasn't clear whether Private would appeal the DrTuber ruling, as well. Meanwhile, Private apparently has reached a deal with operator Joe Olivero and tube site TubeRip.com over copyright infringement charges in which Barcelona-based Private was seeking $7.65 million in damages.Terms of the apparent settlement were not disclosed. TubeRip was alleged to have poached and streamed 51 Private movies. With the settlement, Bennett signed off on dismissing that suit on Wednesday. Private did not respond by post time for XBIZ comment on the pair of cases. http://www.xbiz.com/news/145477 http://www.drtuber.com/ __________________ The Affiliate Program

03-12-2012, 06:14 AM	#2
JFK FUBAR the ORIGINATOR Industry Role: Join Date: Jan 2002 Location: FUBARLAND Posts: 67,374	seems like a fair judgement ""Kovalchuk has no employees in Iowa, no telephone number in Iowa and no agent for service of process in Iowa, "Bennett said. "Kovalchuk has never visited Iowa and has never conducted any business in Iowa. He does not own or lease any real estate in Iowa." " __________________ FUBAR Webmasters - The FUBAR Times - FUBAR Webmasters Mobile - FUBARTV.XXX For promo opps contact jfk at fubarwebmasters dot com

03-12-2012, 06:34 AM	#4
Nautilus Confirmed User Industry Role: Join Date: Sep 2002 Posts: 1,631	Any comments from Private reps here? __________________ . . FerroCash - 50+ quality niche paysites to promote \| 100K+ FHGs \| Check recently added galleries New sites \| Pantyhose \| Nylon \| Shemale \| Strapon \| Lesbian \| Mature/MILF \| Anal \| Old&Young \| Gay \| Feet Morphing RSS feeds - check them at the Official blog\| Page Peels (Sample 1 : Sample 2) Wish to review or evaluate our sites before promoting them? Contact me for free password. ICQ: 38.89.22.76 e-mail: support AT ferrocash.com

03-12-2012, 06:36 AM	#5
Fletch XXX GFY HALL OF FAME DAMMIT!!! Join Date: Jan 2002 Location: that 504 Posts: 60,840	The judge prolly sit on YouTube everynight. More and more tybes will win as they are accepted greatly by mainstream... __________________ Want an Android App for your tube, membership, or free site? Need banners or promo material? Hit us up (ICQ Fletch: 148841377) or email me fletchxxx at gmail.com - recent work - About me

03-12-2012, 06:42 AM	#6
DVTimes xxx Industry Role: Join Date: Jun 2003 Location: UK Posts: 31,544	I posted the tube site as it seems to be full of pirated content. so have a check to see if your content is on it. __________________ The Affiliate Program

03-12-2012, 06:27 AM	#3
DWB Registered User Industry Role: Join Date: Jul 2003 Location: Encrypted. Access denied. Posts: 31,779	Someone just needs to on an "American solider in Afghanistan" shooting spree and deal with all of these site owners properly. Fuck the legal system.

03-12-2012, 07:20 AM	#9
jack-exploitedbabysitters Confirmed User Industry Role: Join Date: Mar 2012 Posts: 176	time to move to russia and start a illegal tube - jacko is coming baby

03-12-2012, 08:03 AM	#10
porno jew Too lazy to set a custom title Industry Role: Join Date: Nov 2006 Posts: 10,166	....................................

03-12-2012, 08:29 AM	#12
tucker Confirmed User Industry Role: Join Date: Dec 2002 Location: LA Posts: 584	This will be refiled in a district where DrTuber HAS more easily provable ties.

03-12-2012, 09:52 AM	#16
Why MFBA Industry Role: Join Date: Mar 2003 Location: PNW Posts: 7,230	if tuber operators were watching these cases they would know exactly what to do to throw a wrench in the content holders litigation plans. maybe they shouldnt be making PR about such things.... from what i read, if you had no hosting, banking, corporations or phone numbers here, your not really liable for US copyright infringement. although i do think it a fair judgement. taking people to odd states to litigate is kind of strange IMHO. shouldnt PRVT be doing these things in NV ?

03-12-2012, 10:53 AM	#18
The Porn Nerd Living The Dream Industry Role: Join Date: Jun 2009 Location: Inside a Monitor Posts: 19,541	I find it HILARIOUS that a Spain-based company is suing a Russian in Iowa. LOL Hey Spain - get your economy and shit together, stop fucking up the Euro and all of Europe's economy, thus making it harder for me to make sales in Europe, and - here's an idea! - go after these tubes in a jurisdiction where you might get some satisfaction. Iowa? OMG. Carry on, this crazy business. (Not saying Private has anything to do with the EU situation but just took this opportunity to mention how FUCKED UP Spain is.) __________________ My Affiliate Programs: Porn Nerd Cash \| Porn Showcase \| Aggressive Gold Over 90 paysites to promote! Now on Teams: peabodymedia

03-12-2012, 10:55 AM	#19
2intense Too lazy to set a custom title Industry Role: Join Date: Dec 2009 Location: Google Posts: 12,451	copy----->paste __________________ Most Affordable Firewall & Malware Protection for Linux Servers

03-12-2012, 12:21 PM	#20
V_RocKs Damn Right I Kiss Ass! Industry Role: Join Date: Dec 2003 Location: Cowtown, USA Posts: 32,405	A tube using illegal videos... and after getting sued and switching back to 2 - 5 minute videos...