Revenge Porn Site MyEx.com Sued For Copyright Infringement

Revenge porn site MyEx.com, along with Google and Yahoo!, has been sued for copyright infringement in the Federal District Court for the Eastern District of Texas.  The complaint is below.  ((Although the plaintiff in this action has previously sued the now-defunct website Texxxan and is publicly known, I redacted her name from the complaint because her photos continue to be accessible on MyEx.com and appear to have been posted in retaliation for having sued Texxxan.))

MyEx.com is one of few remaining websites dedicated to so-called “revenge porn,” and is likely the largest website of its kind, hosting the nude photos of upwards of 6,000 men and women.  It has been the subject of increasing media attention and peripheral legal action, although the site itself has never been sued.  This week, a former NFL player was sued by his ex-wife, who alleged that he posted her nude photos to MyEx.com. Previously, a teacher at a Christian school lost her job after being posted on MyEx — and was later charged with filing a false police report in connection with the posting.

MyEx is purportedly operated by “Web Solutions, B.V.,” a company in the Netherlands that does not exist.  Rather, the site was created and continues to be operated by Americans in coordination with persons in the Philippines.

Google and Yahoo! are also named as defendants in the lawsuit for failing to remove links to the plaintiff’s photos from search results.  A review of a complaint posted by ChillingEffects.org shows that the plaintiff complained to Google in October 2013.  Whether a search engine may be liable for copyright infringement in failing to remove a link to a page hosting infringing material is, to my knowledge, not a well-developed area of law, although Google regularly removes an astronomical number of links from search results to disable access to infringing material.  Further, section 512(d)(3) of the Digital Millennium Copyright Act does contemplate immunity for search engines “linking users to an online location containing infringing material or infringing activity” if the search engine, upon learning of the infringing activity, “acts expeditiously to remove, or disable access to, the material.”

Whether MyEx.com may be liable for copyright infringement is an even more complicated question — one admittedly beyond my expertise.  That analysis will have to wait for another day.

[Update, October 22, 2014: The case has been settled with Google, and Yahoo! and MyEx.com have been voluntarily dismissed.]

MyEx.com Lawsuit

39 comments

  1. kb says:

    EMP Media, Inc.
    Neil Infante
    Shad Applegate
    Burak Baskan

  2. kb says:

    MyEx.com, c/o EMP Media, Inc.
    Attn: Legal Department, DMCA Complaints.
    6130 W. Flamingo Rd. #732
    Las Vegas, NV 89103
    Facsimile: (702)220-7905 – Attn: Legal Department

  3. kb says:

    webair is the hosting provider and eurodns is the registrar

  4. candice says:

    what can people do to get their pictures removed from this website?

  5. hobuster says:

    Ha Ha, a ho filed a lawsuit cause someone looked at her skanky tits…guess what, someone else will open another site and you’ll be on that one too.

  6. free take down says:

    continued… myex-removal-info/ Good luck.

  7. Thanatos0100 says:

    Here’s a suggestion to the ladies who are attempting to sue myex.com. Drop the lawsuit and don’t let your boyfriends take nude pictures of you. You are at fault just as much as your ex’s are. Logic would have it if the pictures didn’t exist then the web site wouldn’t exist. Also for copyright infringement goes. You allowed those pictures to be taken therefore they are the personal property of your ex also and are not solely yours.

    • AdamSteinbaugh says:

      Thank you for confirming every stereotype of the quality of legal analysis you’d expect from someone with an AOL email address.

      • Disqus11111 says:

        Epic fail Adam the wannabe lawyer. Your little blog is quite pathetic. Your only option is as a solo practitioner. You wouldn’t survive two weeks in anything other than some hack shop practice.

        If you are going to rely on sarcasm and snarky comments in response to people who call you on your BS, you better improve your skills because they are pretty lame little man. Anyone with a modicum of talent in the field will slice you to ribbons without breaking a sweat.

        Try traffic court or maybe Legal Aid. They’re more your speed.

    • LORLOR444 says:

      GO TO HELL YOU FREAK!!

    • MadHatter89 says:

      Here’s a suggestion: know what you are talking about. Even playing the devil’s advocate with your hypothesis, how about the people who have their fully-clothed pictures taken from Facebook or other social network sites like it, and people just write sexually explicit things about them? Many rejected people or people who just straight up hate the people do that to others who have absolutely no clue.

      I have never let anyone take any pictures of that of me, but I know that the fault is not of the women and men whose pictures were taken. This site creates a safe haven and breeding ground by allowing malicious people to post pictures of others. Anyone with any common sense would know that it is disgustingly wrong to post private, compromising, etc. pictures like that for the world to see.

      In addition, this site demands the victim’s first name, last name, city, state, and country of residence. To add to the unbelievable disgust, the hateful, rejected, scorned, or jealous person is allowed to publicly give the victim’s Facebook link. That is appalling, and this site and any like it should be sued and taken down.

    • personofpeace says:

      So, lets say for example, two people are dating or even married for years and years… After many secure years, heck lets go crazy and say DECADES, the two decide consensually to take pictures of each other nude or perhaps film a private explicit moment in their personal relationship…. But now years into their marriage, or relationship,they fall apart for one reason or another as many relationships do, and one of them becomes angry or vengeful, and so that individual posts the nude photos or the private intimate videos on Myex.com or another place comparable.. Your actually saying that is ok because the person who has not consented to posting them should have never allowed the relationship to go to a place of trust between two consenting adults where they took the photos/videos in the first place? Are you actually suggesting that its somehow THEIR fault?

      Perhaps the people who send nude ir explicit material via text, MMS, should reconsider their judgment, I agree with that! If only they would understand that once they hit the “send” button the photos no longer need their approval for ANYTHING, just about. They now become the possession of who ever holds them! However, what about the people who did not give the individual the material in the first place? What if someone steals them, as another already pointed out!! I suppose an ass would argue that once again, they shouldn’t have been taken in the first place! Thats just pure naive…. People make mistakes, bad judgment calls, or a mistake of trusting the wrong person, not knowing how that individual will react when angered!

      even the people with high intelligence and a good head on their shoulders, someone who is modest and conservative, will still believe that they can entrust their spouse, that God joined together! Does that make it their fault that someone is so low that they want to crush them in that way? What if you post to that website a photo of someone in a situation where they trust an individual and once they were deceived, and publicly humiliated, they commit suicide? People have no idea what can come as a result of their actions!!

      People can technically use explicit material as black mail, holding an individual captive with fear of being publicly ruined, morally crushed, and in a way you can NEVER correct. Once posted and eyes and minds have seen it, thats it FOREVER! What if a female who had her photos/videos posted, against her will or even knowledge, was seen by someone who figures out who she is and RAPES her??

      REGARDLESS HOW THE MATERIAL IS OBTAINED, EVEN IF IT WAS GIVEN TO THEM BY THE INDIVIDUAL, THEY DO NOT HOLD THE RIGHT TO DESTROY ANOTHER HUMAN BEINGS LIFE AND ENTIRE EXISTENCE!!! Unless you are God, which sorry all of you egocentrically maniacal bigots bit your not really God, then you do not possess the right to determine another’s fate.

    • Ash says:

      Actually, if the pictures are taken by the victim, then they own said picture and they can sue for copyright infringement.
      And the pictures are not always “allowed to be taken”. Some are taken without the persons knowledge and then they are blackmailed with them.
      The fact that you assume these pictures are always taken with consent makes you ignorant in the aspect that you obviously don’t know enough about the topic to even be commenting or bashing others.
      And in the case that they were taken with consent, do you honestly think that it is acceptable for someone to share private photos that were meant to be kept between the two individuals in an attempt to “slut shame”? If so, then then you are obviously lacking the “logic” you mentioned in your comment, along with values and morales.

  8. unknown guest says:

    Men are such animals, ruthless, disgusting hypocrites. How are women suppose to move forward in this society when men are finding ways to ruin their career and life? Why should anyone deserve world humiliation for trusting someone with private content whether it be a boyfriend or husband. You think these women are deviants?! They trusted someone and were betrayed. You call these people whatever you want, but eventually the internet will have everyone’s information, all of yours. Showing every aspect of your life to the birthmark on your skin. Go ahead and applaud this disgusting site, when the time comes all of you will live in fear, because everyone will be watching, tracking your phone, snapping your photos. Taking sites like these down can prevent a future such as that.

    • The anti-femanazi says:

      And woman are just as ruthless, discussing, animals as men are, and even more so. They are not victims and post just as many nude photos of men for revenge. You femanazi probably had your picture posted and feel betrayed. You only betrayed yourself by sending photos to someone who was a one night stand.
      So stop blaming men for your lack of morales, intelligence, understanding life, and the other convictions that normal people, men and woman have.
      Go back to burning your bras, your have not grown out of the1970’s as shown by you innocent post.

      • Anti-femanazi says:

        That should have been ignorant post not innocent, yea for a faulty word check.

        • AdamSteinbaugh says:

          Don’t worry, it’s barely noticeable among the other misspellings and general incoherence.

          • Anti-femanazi says:

            Yea you got me there, typing on a iPad is not my thing. Yet I suppose an Ivy League Socialist as yourself would put down a lowly middle class pion like myself. I should just sit back and thank you for allowing me to voice my opinion even if does not meet your high standards.
            I shall read my chapter of the communist manifesto as prescribed by you the writer of this pathetic article.
            Is it not funny how you think the First Amendment only belongs to you, and those you disagree with should silenced? Sound like you are following in the same foot steps of some others who did this, namely Lenin , Stalin and Hilter to name a few.
            I raise my arm and salute you…Hiel Adam Steinbaugh

          • AdamSteinbaugh says:

            Oooh, right in the feels.

      • lorlor334 says:

        o look there goes a sicko.

      • personofpeace says:

        I am a women, and I actually agree with you. I don’t think you should have taken such great offense as a man to an insult regarding all men, from ONE feminine individual, but I agree with your point! Being mean to one another will NOT help prove your point….
        However, I also agree, All people, male and female, partake in this crap of posting personal photos/videos of others! Sometimes yes they are fake and are only done to harass another for that sick individuals own personal mental retardation, however the REAL photos are cruel and make us ALL as human race look entirely unworthy of existence.
        Both males and females doing the postings are wrong! No matter who you are and no matter why you do it. If anyone wants to preach EQUALITY, whether for feminism or race etc, then wake up and realize we all are equally responsible for posting things of that nature. Its not ok if a women does it anymore then if a man does it!
        Ruining a reputation or even career, hurting and embarrassing someone on such a deep and irreparable manor is horrible no matter women or man, however I will say, its can be more damaging to women in ways probably a poster doesn’t realize, or care about…The women in the photos can potentially get raped, attacked, assaulted….etc. From the photos of her being out in the public. Sickos are everywhere and posting explicit photos of people can become very dangerous! Aside from the obvious if how it can potentially destroy someone, it can also push an individual into suicide! Its just not worth the laugh or two you get or the Jackoff someone pervert looks forward to, in order to sabotage anothers entire life
        MALE OR FEMALE its wrong!!

    • MadHatter89 says:

      Ruthless people are ruthless, regardless of their gender/sex. Disgusting people are disgusting, regardless of their gender/sex. Hypocrites are hypocrites regardless of their gender/sex. Animals are animals.

      Many men have helped in equality of women movements. Even some women have hindered equality of women movements. Overall, people with sense are the ones who will fight for equality in all aspects, regardless of these people’s gender/sex/race/class/etc.

      As for the site, heterosexual and homosexual men as well as heterosexual and homosexual women post pictures of others on that site.

  9. Guest says:

    did you ever think that some of this isn’t true? I was on a site and been married for 8 years now with two kids and never took naked pics and they put a pic if me on there trying to say it was me and you can tell its not me… I have tats and the girl in the pic didnt lol.and it’s not always a x doing this. It’s a girl that has no life and is mad for some reason because they are crazy. Don’t assume every girl or guy deserves to be on these sites. But if you guys are this closed minded your not going to believe me any way.

  10. Me says:

    They are revenge websites…intended to hurt people and to damage reputations. The people that had their pictures posted are victims. Not everyone who is a victim of revenge porn allowed the pictures to be taken or posted. Some of them had their computers hacked. Also, what you do with your boyfriend or girlfriend should stay between the two of you. Just because someone sends you a picture or allows you take pictures of them during an intimate act with them, does not give you consent to publicly humiliate them. They aren’t suing Myex.com for POSTING the pictures, they are being sued for neglecting to remove the pictures when asked and then making the victims wire an exorbitant amount of money to a foreign country. Furthermore, if this happened to you, your sister, or brother, how would you feel? Sure, you’d probably scold them for sexting with their boyfriend, but at the end of the day, it is still wrong. It is still bullying, it is still harassment and it has irreversible effects on the victims.

  11. Just a guy says:

    The revenge is wrong. However in this time, with the technology that is out there, both parties are to blame. Adam can call it stereotyping if he likes, but what do you call people who send their nude pics through email, text or tweet? I have three sons who are all in their twenties. At one time or another, all have received texts from “girls” they had met shortly before the topless or nude texts were sent. To my knowledge they have never posted anything on a revenge site, but They have shared a good laugh. BTW they don’t ever date those who send the pics. Sorry Adam but call a spade a spade. The girls are at least a little trashy if they participated in sending the pics.

  12. amanda says:

    This hurts women in a way men will never be able to understand. My friends ex put her on there sucking his tiny dick. People can make all the comments they want about his small penis, she Is still the one who looks like a ho. She did not say it was ok to share the photos. I don’t understand why ignorant men are posting that the Women are equally at fault. Probably because they have posted their exes on there and they feel the need to justify their fucked up actions.

    • just a guy says:

      amanda, your reasoning is flawed. I have never posted anyone’s pics on any revenge site and don’t personally know anyone else who has posted on this, or any revenge site. However, the girls, in most cases are at least partial to blame. Why would you let a man, especially one you have known only a short time, take nude or compromising pics? Worse yet, with the threat of being hacked, why would a girl take nude selfies and send them? It’s no different than pregnancy, both parties are at least partially at fault. You can blame the drug dealer when someone dies of an overdose, but the person who took the drugs also deserves some of the blame. Those who aid in robbing banks (get away drivers, etc.) Don’t plan on going to jail either. But it is a possibility. So is having your nude pics seen by the masses if you send them or let someone take them. The girls don’t want to end up on some internet site, don’t have nudes taken or get a signed contract from the other party stating that distribution of any manner is prohibited. The only exception would be if the pics were taken without the womans knowledge or against her will. In that case woman bears no fault imo.

      • Jason Fortesight says:

        There are consequences for every action taken. Good or bad they are consequences. Whether on purpose or a flawed moment in judgement does have its consequences and this/these are the consequences. Whether or not pics were taken with the intention of being for just the “couple” or an act of flirtation, people (women AND men) made poor decisions in taking them in the first place. People are so worried about the NSA listening to their calls, but yet they’ll post about every moment on a publuc web page for the world to see, comment on and reply on.
        BOTH sexes are responsible for this, and kne side is not anymore justified than the other, hurt buttholes or not, this is real life and the rest of the world couldn’t give a damn what Americans think anyways, haven’t you motives that we are the mocking joke of the world? The only people who think Americams are as cool as they think they are are Americans.
        The world doesn’t given a damn if you boobs or penis is on the Wen because the world is experiencing Civil Wars while we all masterbate to the other sexes pics on this site. So to all the up tight nut jobs that are in condemnation of this site, get a fucking clue and let the ones whose were posted take some responsibility and consequences for shitty judgement. Pay backs are a bitch obviously so do the right thing at ALL times, even IF you think no one is looking. Chances are… Someone is looking and watching.

      • personofpeace says:

        I happen to agree with much you have to say, but let me ask you this: What if your married many years, you trust this individual with your life, you bare his children, and keep his home, you fill him with wholehearted meals and love him with all of your heart and soul, and guess what?!? One day when things go south for whatever reasons relationships often do, so with his own personal reasons, or just to be an ass, he posts to websites such as these, myex.com etc….???
        Is that the women’s fault because somewhere during her 10 year marriage she mistakenly decided to let her guard down and trust her husband, of whom vowed before God to NEVER hurt her, so they took some explicit photos/videos!???
        But hey, she shouldn’t have trusted her spouse I suppose, that whore!!! (sarcasm)

        • Just a guy says:

          Read my post again. The scenario you mention is rarely the case. And I agree that a woman who trusted the man she was married to for a long time isn’t to blame. However if you look at the sites mentioned, most of the women are under the age of 24. They likely Have NOT been with the guy long. Many aren’t married and never were. Sheer stupidity.

    • Jela Lemkeo says:

      hi amanda. i totally agree with you. although people say that women should not allow this to happen, that is after the fact and is of no assistance. because the internet is anonymous, people do not need to take responsibility for what they do, and it makes it easy to get away with this kind of behavior. these site attract weirdos and even dangerous people. i hope/think there will limitations that will prohibit this in the future…

  13. jamesthecritic says:

    Nothing wrong with posting nude pics of women.

  14. There are those who are innocent, placed on that site, from missdirected anger, and those poor souls mustn’t suffer for the doings of their ex, simply because they decided to nolonger be in a relationship- those are the true victims. They haven’t done any crime, they simply did not chose as wisely as they thought. The innocents, who left their significant others, for the wrong brought on to them, and so fourth.

    Those, however, who may be there through their own transgressions of infidelity, you think you can simply walk away without reprocussions; cheaters, whores, jiggalos- you can’t simply think you can send somebody spiraling down with your antics, it is grand divination. You faulter from your prudish intentions of monogamy, if you are polyamorous, then search for that, if you only used the facáde of a relationship, then you must suffer, as they have.

    Why should you go unpunished for the strife you’ve created? Yes, the actions of these submitters are petty, and such an action can be very grave. Removal is diffucult, much like forgiveness, you will own your slander, and understand that both will be a time exhausting road. Your reputation may be cheapened, as you’ve cheapened love itself.

    Maybe you’ve changed, possibly found somebody worth fighting for, or understand you shan’t have another chance, let it be a reminder never again to faulter. You will reap.

    • Gee, Jax, it sounds like you’re having trouble rationalizing having done something awful.

      Have you been watching a lot of Pulp Fiction?

      • that anonymous coward says:

        o_O methinks thou doth protest to much.
        That reply highlights the entire problem with revenge porn sites, there is always someone willing to look for a reason the target deserved it.
        Its only slightly classier than saying a rape victim was asking for it, but it says much more about the speaker than the victim. Damaged, angry, upset at the world and piling on a target who deserves sympathy not petting hair splitting trying to justify the unjustifiable.
        That or just a shameless self promoter who was hoping to gain SEO rank by riding late on the coattails of others.

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