Can porn be protected by copyright?

Pornographic film piracy is debate in case Hard Disk Productions.

The case Hard Disk could Productions mark a precedent in pornographic film piracy? A reminder, in this case, an American judge already issued a decision just usual, encouraging the disclosure of the identities of 1500 Internet users accused by the adult film producer of pirated works via P2P networks. A producer who of course played this threat to encourage hackers to settle the dispute amicably, with him that several groups of Internet users accused her, speaking of extortion.

Today, a new complaint concerning this producer. Filed by Liuxia Wong, a California surfer who denies having downloaded the film Amateur Allure Jen, a production of Hard Disk. It therefore does not understand how it can be found in the list of hackers stigmatized by the studio (it could imply him to ask his friend, but let's...). Of course, she did not wish pay 3440 dollars that he claimed the producer to silence his name in the case, and was attacked in court. It strikes back by filing complaint in turn, but it does not ask for damages, simply answer the question it poses: is it illegal to download porn movies?

Of course, she and her lawyer did not go there without arguments and point to an article of the Constitution of the United States regarding copyright law which stipulates: "copyright is to promote the progress of science and useful arts, by ensuring, for a limited time, to authors and inventors the exclusive right to their writings and respective discoveries". For Liuxia Wong, pornography is the useful arts, or science, and cannot claim the protection of copyright.

It does not hesitate to call obscene films in Hard Disk. It considers that pay people to film sex amateur violated several laws relating to prostitution. Where the competent court would receive the arguments of Liuxia Wong, the jurisprudence could be favourable to legalisation of pornographic film piracy... Not sure that this is exactly where the complainant wants to come.