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Adult Website nHentai Files Motion to Dismiss Copyright Infringement Lawsuit

Adult website nHentai has filed at a California federal court on January 6 a motion to dismiss the copyright infringement lawsuit filed against the website by California-based company PCR Distributing. nHentai also filed on the same day a Motion for Protective Order, to prevent PCR Distributing from gaining access to confidential information about the website and its operators.

Motion to Dismiss and/or Strike

nHentai pointed several arguments as to why the copyright infringement lawsuit should be dismissed, including PCR Distributing's lack of sufficient ownership of the copyrights in question. Based on the U.S. Copyright Office catalog, at least three of the copyrights in question have JAST USA as the "copyright claimant" and legal owner. nHentai added that while PCR states that it operates under DBA JAST USA, it does not state that it has secured exclusive rights for the three copyrights from JAST USA. nHentai also pointed out that JAST USA's public records show that it has an entirely separate status as a "stock corporation" with different ownership (meaning no overlapping directors, officers, addresses, etc.) from those listed on PCR's corporate filings.

Another argument presented by nHentai is that some of the alleged copyright infringements are time-barred, as PCR's claims were brought beyond the three-year statute of limitations. nHentai cited a book asserted by PCR titled Hey... Let's Do It, which was uploaded on the site seven years and three months ago as an unpublished work then. nHentai stated that according to Copyright Office files, the work was published on July 1, 2023 with an effective registration date of October 5, 2023. The company adds that PCR cannot show entitlement to statutory damages or attorneys' fees, as the work was not copyrighted within three months of publication.

The motion also stated that nHentai was "expressly given permission" in writing as early as October 2020, to host the contents in question through an email from JAST USA's managing editor. The alleged permission dismisses notion that the contents were used without permission.

nHentai also filed a Motion to Strike to remove all claims related to an unrelated website nHentai.to, should the court decide not to dismiss the copyright infringement case. According to the motion, PCR states that nHentai also owns and operates the URL nHentai.to, with the ".to" referring to the kingdom of Tonga in Polynesia. nHentai states it is not affiliated with the Tongan website.

Motion for Protective Order

nHentai also filed a Motion for Protective Order against PCR Distributing, after the company's subpoena to nHentai sought highly confidential information about the website including all documents and account records, and identification by names, email addresses, IP addresses, user history, posting history, physical addresses, and any other identifying information regarding its operator or owner.

The hearing for the Motion for Protective Order is scheduled on February 12. PCR Distributing is ordered to file an opposition by January 22.

PRC Distributing Sues nHentai for Copyright Infringement

PCR Distributing filed a lawsuit on August 30 for copyright infringement against the adult site nHentai. PCR claimed in the lawsuit that nHentai distributes "thousands" of pirated works, including five registered works owned by PCR Distributing. PCR Distributing stated nHentai has not attempted to comply with previous DMCA takedown notices, and noted in the lawsuit that nHentai does not rely on user-generated or user-uploaded content. The lawsuit claimed nHentai averaged around 79.38 million monthly visitors in July 2024, with visitors from the United States and Japan making up the largest market.

The lawsuit is seeking compensation for damages, and is also seeking to block access to the website from users in the U.S., among other requests that would effectively shut down the website and transfer the domain to PCR Distributing.

A hearing on the case was scheduled on October 30.

Sources: Torrent Freak (Ernesto Van der Sar), PACER