Thursday, February 3, 2011

The free porn is not unfair competition

Porn sites free video does not constitute a form of unfair competition for industry X: is the conclusion reached by the Court of Appeal of California, after a lawsuit between the pornographic site to RedTube Kevin Cammarata, a contractor editing several adult websites pay. Kevin Cammarata had filed a complaint in 2009 against RedTube, considering that the model of the site constituted a violation of California law on unfair competition.

"Consumers have the ability to watch adult videos free high quality RedTube, are less likely to choose sites pay for similar content," noted the complaint. The plaintiff demanded $ 40 million (more than 29 million euros) in damages to RedTube, edited by a company located in Hong Kong, and the closure of the site.

Last week, a California appellate court held that this procedure was comparable to an attack against freedom of expression, and relaxed RedTube. "The publication of a video on the Internet, whether a teenager who plays football or a pornographic film, is an application of freedom of expression," said the court in the grounds of Judgement .

"RedTube IS LIKE A RADIO IN THE EARLY 1990" If the porn sites, pay as free, are as old as the Internet itself, RedTube was one of the top sites based on the model of video sharing sites . Technically operating as YouTube and Dailymotion, the site publishes videos that are predominantly supplied by the studios, who use it to advertise their products.

The bulk of the site's revenues come from ancillary services and pay (cats, paid subscriptions ...) and advertising. A particularly popular model ... Google or Yahoo. "The business model of the site is the classical radio stations or television in the United States, or of the press, not to mention more recently the tens of thousands of websites like YouTube, CNN and Yahoo, the court notes .

There is basically no difference between RedTube and a radio in the early 1990s, distributing free songs obtained from a studio in return and explaining to his listeners where they could buy these discs. "

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