If there’s one industry that’s been hit hard by the piracy business, it’s probably porn. The fightback is underway, with lawyers arming up worldwide, but has a new lawsuit uncovered a pretty shocking clause?
We’re talking about the case of Hard Drive productions versus one Luixia Wong, who’s hired top-notch litigator Steven Yen to fend off allegations that copies of adult flick ‘Amateur Allure Jen’ were being shared via her IP address.
Hard Drive wanted $150,000 (£94,514) in court or $3,400 (£2,140) outside of court to make the whole thing go away. Wong wanted to defend herself properly though, and Mr Yen has uncovered something that may help not only his client, but everyone in the US.
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Official papers from the lawsuit reveal Yen’s defence: “Article 1, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, empowers the United States Congress:
‘To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. …Early Circuit law in California held that obscene works did not promote the progress of science and the useful arts, and thus cannot be protected by copyright.””
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If that holds up it could have huge ramifications. If the court finds in favour of Yen’s plea that porn can’t be copyrighted under the laws set out in the US Constitution, it’ll put an end to such ‘erroneous’ porn piracy suits in for good. This is definitely one to keep an eye on, although it could be a lengthy process.
Source: Torrent Freak
Image via Neon Circus
