There are some updates in the legal case involving publisher PCR Distributing and adult manga site nHentai. PCR Distributing alleges that nHentai has been pirating the publishers’ work and ignoring their demands to take it down. The adult site fought back, alleging that PCR Distributing had given them permission. Now nHentai has made new filings at the California federal court.
nHentai is asking the Court to throw out the whole copyright infringement lawsuit. It’s made a few statements for why it says it wants this. It aimed to cast doubt on PCR Distributing’s ownership of copyrights. In a somewhat contradictory move, it insisted PCR Distributing allegedly waited until after some three-year statute of limitations were up to start legal proceedings. In that sense, the site would be arguing on a contractual technicality and saying even if they pirated, it’s too late for anything to be done.
The adult site repeated its claims — which PCR Distributing alleges are false — that the publisher had given them permission to use materials on their site.
On top of this, there’s a Motion to Strike filing from nHentai in regards to the site nHentai.to. The “to” part at the end would mean the site comes out of The Kingdom of Tonga, which is found in Polynesia. PCR Distributing allegedly says that nHentai also runs nHentai.to. nHentai says they don’t.
There’s more: nHentai decided to also file a Motion for Protective Order. PCR Distributing is trying to subpoena information from the adult site, like account records, user history and email addresses. With this Motion for a Protective Order, the adult site is attempting to block the subpoena.
There will be a hearing about this proposed Protective Order on February 12. Meanwhile, PCR Distributing needs to file an opposition no later than January 22. With both businesses saying very different things, we’ll see what comes out as this legal fight progresses.
Source: ANN
____
Danica Davidson is the author of the bestselling Manga Art for Beginners with artist Melanie Westin, plus its sequel, Manga Art for Everyone, and the first-of-its-kind manga chalk book Chalk Art Manga, both illustrated by professional Japanese mangaka Rena Saiya. Check out her other comics and books at www.danicadavidson.com.