The long-running $29 million lawsuit waged by Channel One Releasing, Corbin Fisher and Titan Media against tube site operators Steven and David Compton has taken a turn.
The three gay adult studios, which teamed up in an infringement suit against the Comptons for poached content on JerkYourTube.com, GayForIt.com and ItsAllGay.com, have filed a motion for terminating sanctions for spoliation of evidence.
"What this means is that the defendants have admitted that they destroyed key evidence in this case," attorney Marc Randazza, who represents Corbin Fisher, told XBIZ. "The extent of the destruction was so great that it seems likely that the court will simply grant a default in the case to the plaintiffs."
The Comptons, according to a court filing, allegedly destroyed emails, video files and other documents and had continued refusal "ad nauseum" to provide access to 1.8 million records in their database during the discovery process.
If the judge rules for a default, Randazza said that he and attorney Gill Sperlein, who represents Titan Media, plan on an aggressive move against the tube sites' business partners.
"[W]e fully expect to begin a collection campaign which will include taking action against anyone who did business with these infringers, because you can't view any of these websites without knowing full well that they are a clearinghouse for stolen content," Randazza said.