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Thursday, March 28, 2024 | Back issues
Courthouse News Service Courthouse News Service

Porn Studios Offend With Copyright Case Conduct

(CN) - "These litigants appear to deserve each other," a federal judge said, as he tossed a copyright battle between mudslinging producers of hardcore pornography.

"Although it might have been too much to expect litigants who are engaged in that dubious business for a living to play by the Marquis of Queensberry rules in conducting their litigation, both sides have regrettably outdone themselves in terms of violating the standards of subjective and objective good faith demanded of all litigants," U.S. District Judge Milton Shadur wrote.

The dismissal comes two weeks after Shadur uncovered "indisputable" evidence that hardcore porn producer Flavaworks Inc. had committed an "egregious fraud" to win its copyright cast against Lee Momient.

Shadur said that Flavaworks had lifted a Momient signature and placed it on a bogus work contract.

"Not to be outdone," Momient ignored the court's warning against making ad hominem attacks and "proceeded to level charges that sought to ascribe culpability to Flava's lawyer Meanith Huon as well as to its principal Phillip Bleicher," according to the ruling.

"Although 'upon information and belief' is a familiar phrase that may roll off the tongue easily, those terms are not like a two-horse entry bearing numbers '1' and '1A,'" Shadur wrote. "'Belief' may be purely subjective, but 'information' is not, and even in the face of this court's repeated cautions Momient has persisted in making accusations against Huon despite having a total lack of information to support those accusations."

As a penalty for this conduct, Shadur dismissed Momient's counterclaim along with Flavawork's allegations, and closed the case.

Phil Bleicher, CEO of Flavaworks, told Courthouse News that he still intends to hold Momient liable for the copyright issues.

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