The strange case of Hard Drive Productions versus “anyone that the video company’s lawyers suspect of illegally downloading its pornographic movies” has taken a new and interesting twist. One of the nearly 1,500 “Does” being sued for allegedly sharing a Hard Drive film online has resorted to what seems, at first glance, like a novel defense. In addition to her insistence that she never actually downloaded “Amateur Allure Jen,” Liuxia Wong of Solano County, California argues that copyright law doesn’t even apply to smut clips. They are not copyrightable, and therefore no infringement occurred.
The matter is quite simple, Wong’s petition for declaratory relief explains to the federal court in San Francisco. Article I, Section 8, Clause 8 of the US Constitution defines the purpose of copyright: “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.”
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Can porn be copyrighted? One file-sharing defendant says no
