Porn Can’t Be Copyrighted, Says FileSharing Defendant

In recent news the Hard Drive Productions (an adult movie production studio) versus “Does” who allegedly downloaded their materials case has taken an interesting turn when a woman accused of downloading “Amateur Allure Jen” claimed that copyright laws do not apply to adult clips since they’re not copyrightable, the ArsTechnica report reveals. The woman in question is Liuxia Wong of Solano County, California, and her 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.” And since acronyms like P.O.V. or M.I.L.F. are not to be associated with keywords like “science” and “useful arts”, they do not qualify under copyright laws, do they? Therefore, “copyright is authorized only for works which promote the progress of science and the useful arts,” said the woman’s lawyer. “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,” the brief also notes, while underlining this point several times: Hard Drive’s work does not promote the progress of science.

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Porn Can’t Be Copyrighted, Says FileSharing Defendant

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Tags: amateur, california, copyright, criminal, declaratory, discoveries, limited, material, obscene, pornography