A Canadian Federal court judge has rendered a ruling in favor of Montreal-based Kaytel Video, and dismissed the Anton Piller Motion, the equivalent of a temporary restraining order, that Evil Angel and Jules Jordan Video had initiated back in October of 2005 against Kaytel.
Kaytel owner Alain Elmaleh told AVN.com, “In order to defend itself properly and prove it’s point, Kaytel had no other choice but to go to the extent of using the services of counter experts in computer forensics and hand writing, and by doing so, have incurred unusually high expenses, which could have been avoided, had the plaintiffs not accused Kaytel of wrongdoing.”
Elmaleh said that the judge in the case ordered Evil Angel to pay $112,000 in legal and expert costs and taxable disbursements to Kaytel Video, and reserved the right for Kaytel to seek additional damages during its counter claim against plaintiffs.
“We are 100 percent content that we will be vindicated in the end,” said Chris Norman, VP of operations at Evil Angel. “This is just a hurdle for us, and we’re sure we’ll be victorious in the end.”
Jules Jordan told AVN.com that the Canadian judge agreed in the 62-page ruling that there was copyright infringement.
Jordan also said that the damages that he was forced to pay are customary with an Anton Pillar Motion in Canadian court, and were limited by the judge.
“This is just a step in the ongoing case,” Jordan said. “Both the case in Canada, as well as the case in the United States, are still ongoing, and we are very confident about the outcomes in both. We have clear and convincing overwhelming evidence that Kaytel and Elmaleh were actively involved in copyright infringement. Evil Angel and Jules Jordan Video have stellar reputations and we certainly wouldn't file lawsuits without merit.
“I’m willing to pay whatever amount it takes to see this case through, and end the piracy of my titles. In the end, I'm confident this will be a victory for adult copyright holders."
