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German Court rules porn films do not deserve copyright protection

It has to said that writing about many issues related to VPN use – copyright enforcement, data retention laws, censorship, legal trolling, government surveillance etc. can be downright depressing, so this snippet of news from Germany cheered us right up.

Malibu, a US based company who was trying its hand at copyright trolling, chasing German downloaders of its eight X-Art Movies (with names such as ‘Flexible Beauty’ and ‘Young Passion’) was surprised at the District Court of Munich’s ruling, which declared their movies undeserving of protection under Germany’s Copyright Act because their ‘primitive depiction of sexual activities’ meant they should be classed as ‘pure pornography’, and not ‘personal intellectual creation[s]’ entitled to protection under the law.

Germany has the unfortunate distinction of being the breeding ground of copyright trolling. Legal firms festered there in the early noughties, plaguing internet users with threats from copyright holders and demanding settlements of up to €1200, before spreading to UK then the US.

In fairness, there were a number of other issues with Malibu’s complaint which contributed to the Court’s ruling, including Malibu being unable to prove it owned the rights to the movies or that they had been properly distributed. Still, it made us chuckle as it couldn’t have happened to nicer people! Unfortunately, due to the large amount of money at stake, it is unlikely that Malibu will let the matter lie, and we have almost certainly not seen the last of them.


Douglas Crawford I am a freelance writer, technology enthusiast, and lover of life who enjoys spinning words and sharing knowledge for a living. Find me on Google+

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