Porn Site Loses High Stakes

Internet porn sites, when they appear on a court docket, are usually defending themselves against individuals or regulators. Perfect 10, by contrast, is the perfect exception.

In the past few years the soft-porn site, which sells copyrighted images of "natural" nude models, has been the plaintiff in three important 9th Circuit cases that are shaping online copyright law.

"The majority drew a distinction between controlling the instrumentality of the infringement and the instrumentality of paying for it," Atkins says.

For his part, the dissenting judge saw the payment services as integral to the infringers' operations.

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Julius Melnitzer

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