@lololulu19 said in Why are porn star ID request posts being deleted ?:
@eobox91103 one new excellent point you made was that even if they did pursue it.. it would be a CIVIL matter and not criminal, since no money was transferred.. and also.. since it was not sold, they can't collect any money from the sale.. of something that was not sold! Hypothecially, the could sue for damages - but that has never happened. Even if awarded damages, in a civil suit, that is next to impossible. Is have two fantastic examples of that.. I already mentioned Fred Goldman winning a $35 million award against OJ Simpson in CIVIL court.. but Freddie has yet to see a dime of that. Another case was Hulk Hogan suing Gawker and being awarded $115 million. Well.. Hogan has yet to collect a dime of that.
There have been cases where porn companies have sued people who shared or downloaded copyrighted material. I don't have data on how many (if any) of these actions resulted in awarded damages, but it's difficult to collect on a civil lawsuit. The two high-profile cases you mention are an example of that, but even "mid-sized" cases in the tens or hundreds of thousands of dollars are tough to collect, unless the defendant has insurance to pay it. While there are ways to forcibly collect on a judgment, they are difficult and time-consuming, and often not worth the effort on the part of a plaintiff who "won" the judgment.
Some porn producers who sell subscriptions include a condition in their terms of service providing that a subscriber is liable for a certain amount of damages (usually around $50K) if s/he shares copyrighted content. This can make a subsequent civil action easier to win, but still doesn't help with collection.
Another spin on all this is an interesting case involving FlavaWorks; see https://www.thesword.com/flava-works-gay-porn-lawsuit.htmlhttps://www.thesword.com/flava-works-gay-porn-lawsuit.html . In brief, FlavaWorks contacted one of their subscribers directly who had torrent-shared their material, and asked for payment of $97K. The subscriber was a public figure and counter-sued on the grounds that FlavaWorks was trying to extort money from him. I don't know how it turned out, but I think both cases dissolved.
(FlavaWorks was in hot water over some other issues--I seem to recall that the city or county of Miami was suing them for operating a business without a license, and the city of Chicago was suing them for doing porn scenes in a row house in a manner that could be seen from the street. Since both of these actions involved a government, the studio was under greater threat of asset seizure, etc. I don't know how these turned out.)