The adult content website nHεntαi filed a motion to dismiss the copyright infringement lawsuit brought by California-based company PCR Distributing in federal court in California on January 6. That same day, the site also filed for a protective order to prevent PCR Distributing from accessing confidential information about the website and its operators.
In his motion, nHεntαi argued that the lawsuit is meritless due to several factors:
- Lack of sufficient copyright ownership by PCR Distributing. According to the US Copyright Office catalogue, at least three of the works in question have JAST USA as the claimant and legal owner of the copyright. Although PCR claims to operate as JAST USA, did not demonstrate having secured exclusive rights for these works. Additionally, JAST USA public records show that it is a separate corporation from PCR, with no overlap in directors, owners or addresses.
- Prescription of some copyright infringements. nHεntαi noted that certain claims exceed the three-year limit established by law. As an example, he mentioned the book “Hey… Let’s Do It“, which was uploaded to the site more than seven years ago as an unpublished work. According to records, this work was registered as published on July 1, 2023, with an effective registration date of October 5, 2023. Therefore, PCR could not claim legal damages or attorneys’ feessince the work was not registered within three months after its publication.
- Prior permission to use the content. According to nHεntαi, the company received written authorization in October 2020 from the editor-in-chief of JAST USA to host the content in question. This, according to the site, negates any accusation of unauthorized use.
In addition, nHεntαi filed a motion to remove all claims related to the nHεntαi.to website, should the court not dismiss the case entirely. nHεntαi assured that it is not affiliated with said website, which uses a Tongan domain (.to).
nHεntαi also filed for a protective order after PCR Distributing issued a subpoena to obtain confidential information from the site. The subpoena sought documents, account records, and personal information from the site’s operators, including names, email addresses, IP addresses, user history, and any identifying data. The hearing for this motion is scheduled for February 12, and PCR Distributing must file its opposition by January 22.
PCR Distributing filed the lawsuit on August 30, alleging that nHεntαi distributes “thousands” of pirated works, including five registered under its ownership. PCR stated that nHεntαi has not responded to previously sent DMCA notices, and that the site does not rely on user-generated content. According to the lawsuit, nHεntαi recorded an average of 79.38 million monthly visits in July 2024, with the United States and Japan being its main markets.
Fountain: Torrent Freak
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