If Cammarata's case ever had legs, they look like this now.
Cammarata’s attorney, Jay Spillane made some bizarre comments about the case, when he first filed it. “Tube sites have done injury to the business,” Spillane said. “We feel RedTube and other sites like them are crowding out competition when it comes to the online adult business.” (source)
XBiz strangely reported that the case “may have legs.” (source)
If the case ever had legs, those legs appear to have suffered the equivalent of a tibia-fibula compound fracture. Yesterday, the Honorable Maureen Duffy-Lewis dismissed the case under California’s Anti-SLAPP statute, Cal. Code Civ. Proc. 425.16. The court found that at least the advertisers’ activity was in furtherance of First Amendment protected rights, i.e., the right to advertise adult material. The court also found that Cammarata was unable to put forth evidence that demonstrated a probability of prevailing on the merits. (source)
Under the California Anti-SLAPP statute, not only does Camaratta now lose, but he must pay the defendants’ attorneys’ fees.
If his case has “legs,” he ought to use them to run away.
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Surely there is more to it than that: you cannot sue someone for advertising with a more successful competitor. If there is no more than what is revealed in the above post, then maybe they should split the fee award so that ptf pays 50% and the lawyer pays 50%. See Fla. Stat. 57.105(1).
Alternatively, maybe I need to sue everyone who advertises in the newspaper instead of using my proposed new service of spray-painting on downtown walls.
Both the tib and fib have scheduled a consult to discuss suing you for using their images (in whole or in parts) without proper attribution and compensation. As soon as my practice is handicap-accessible be on notice of intent to file.
There is more to it than that. Redtube STEALS their content from websites that usually charge a premium for that content.
Redtube is full of stolen videos that they profit from. The advertisers often own the very tube sites they are advertising on. Not the case here, but in others it is.