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After Cease & Desists Go Unheeded, Perfect 10 Sues Megaupload for $5M

SAN DIEGO — Perfect 10 filed a $5 million copyright suit Monday against file-sharing membership site Megaupload and sister sites Megarotic,com, Megaporn.com, Megavideo.com and Megaclick.com.

The suit, filed at U.S. District Court in San Diego says Megaupload avoided 22 cease-and-desist letters over copyrighted material and offered complete electronic copies of Perfect 10’s magazine.

As reported by www.xbiz.com, the suit contends that Megaupload directs download links offering “tens of thousands of Perfect 10 copyrighted images, as well as Perfect 10 videos, to be juxtaposed on Megaupload affiliated websites, next to photographs and likenesses of Perfect 10 models and other models or celebrities.”

The suit also states that Megaupload operator Kim Schmitz is a felon who has served time in prison for computer hacking and insider trading. It also names 100 John Doe defendants, which are described as Megaupload’s business partners, or affiliates.

“Schmitz formed Megaupload for the specific purpose of engaging in the business of illegally storing, displaying, and distributing the intellectual property of others,” the complaint says.

Among the hundred most popular websites on the Internet, Megaupload, according to the complaint, also charges membership fees for immediate access to the copyrighted materials stored on its servers, and is a distributor and seller of pirated materials.

Perfect 10, according to the suit, is not currently earning revenue from that endeavor because of rampant infringement.

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