The popular adult manga website, nHentai, is battling a copyright infringement lawsuit and has recently filed a motion to dismiss the case in a California federal court. The lawsuit was originally brought forth by PCR Distributing, a California-based publisher, alleging that nHentai has been illegally hosting their copyrighted material and ignoring takedown requests. nHentai is now fighting back, arguing that the lawsuit is baseless and should be thrown out.
nHentai’s Arguments for Dismissal
nHentai’s legal team has presented several arguments in their motion to dismiss, challenging the legitimacy of PCR Distributing’s claims. These arguments include:
- Lack of Copyright Ownership: nHentai contends that PCR Distributing does not possess sufficient ownership of the copyrights in question. They point to the U.S. Copyright Office catalog, which lists JAST USA as the “copyright claimant” and legal owner for at least three of the disputed works. While PCR Distributing claims to operate under the name DBA JAST USA, nHentai argues that they have not demonstrated the exclusive rights for these copyrights from JAST USA. Furthermore, nHentai notes that JAST USA is a separate “stock corporation” with distinct ownership, further questioning PCR Distributing’s claim.
- Statute of Limitations: Another key argument is that some of the alleged infringements are time-barred due to the three-year statute of limitations. nHentai cites an example of a work titled Hey… Let’s Do It, which was uploaded to the site seven years and three months ago. Although PCR Distributing has a copyright registration date for July 1, 2023, the site claims that because the work was not copyrighted within three months of publication, PCR Distributing cannot seek statutory damages or attorney’s fees.
- Alleged Permission: nHentai also claims to have been granted permission to host the content in question, stating they received an email from JAST USA’s managing editor back in October 2020 giving them the go-ahead to host the content on their site. This alleged permission, if proven, would undermine the core of PCR Distributing’s copyright infringement claim.
- Motion to Strike: In addition to the motion to dismiss, nHentai has filed a Motion to Strike, targeting claims related to the website nHentai.to. PCR Distributing alleges that nHentai operates both nHentai.net and nHentai.to. The “.to” domain indicates it originates from The Kingdom of Tonga, and nHentai denies any association with this site. They are requesting that all claims related to this site be removed if the court does not dismiss the entire case.
Motion for Protective Order
In a move to protect their user data, nHentai also filed a Motion for Protective Order on the same day as the motion to dismiss, January 6. This motion seeks to block PCR Distributing from obtaining confidential information about the website and its operators. PCR Distributing is attempting to subpoena a wide array of information from nHentai, such as account records, user history, and email addresses. The hearing for this motion is set for February 12, with PCR Distributing needing to file an opposition by January 22.
The Lawsuit’s Origins and PCR Distributing’s Claims
The copyright infringement lawsuit against nHentai was initiated by PCR Distributing in August 2024. PCR Distributing claims that nHentai has been illegally hosting their copyrighted adult manga, making it available for free, and ignoring takedown requests. They are seeking financial damages, the transfer of the site to their control, or a court order to block the site in the U.S.
According to reports, nHentai is one of the world’s most accessed free adult manga sites, with 76.6 million visits in September alone. It hosts well over a million works, including duplicates. While PCR Distributing claims only a small fraction of this content belongs to them (roughly 3,300 works), they are pursuing legal action to protect their intellectual property.
Conflicting Narratives and Prior Negotiations
Adding a layer of complexity to the case, nHentai alleges that PCR Distributing had previously expressed a desire to work with them on multiple occasions. The manga site has produced emails that suggest that PCR Distributing had offered to purchase banner space on nHentai, and that they were aware that their content was being posted on the website. In one email, a representative of PCR allegedly wrote that they were aware that “the only reason any market at all for anime or manga exists in the West is because of piracy” and that they were “not interested in trying to fight any sites about this stuff.”
However, PCR Distributing dismisses these claims, stating that the emails are unauthenticated and could be fabricated. They also point out that they have sent multiple Digital Millennium Copyright Act (DMCA) notices to nHentai since 2020, which the site has allegedly disregarded.
Implications and Future Developments
This legal battle highlights the ongoing tension between content creators and online platforms that host user-generated content. The outcome of this case could set a precedent for how copyright infringement is handled in the digital age, particularly when it involves manga and anime.
The court will need to carefully consider the arguments presented by both sides, examining issues such as copyright ownership, the statute of limitations, and whether there was any express or implied permission to use the material. The court’s decision will significantly impact the future of nHentai, as well as other similar sites that host user-uploaded content. The hearing regarding the motion for protective order is scheduled for February 12, 2025, and will provide additional insight into the case. The public will be watching closely to see how this legal battle unfolds.
