nHentai, a widely frequented adult website attracting millions of visitors monthly, is currently embroiled in a copyright infringement lawsuit. The suit was initiated by PCR Distributing, a California-based company that operates several hentai brands, including J18 and JAST USA. The complaint alleges that nHentai has been unresponsive to multiple takedown notices regarding copyrighted content.
Despite an attempt to resolve the issue through confidential settlement discussions months ago, the two parties were unable to reach an agreement.
Rising Popularity of Hentai
Manga and anime, originating in Japan, have seen a significant surge in global popularity. Among them, ‘hentai’ refers specifically to adult-themed content, available in both static and animated forms. The genre has cultivated a substantial following, with many fans consuming this content for free through piracy. Recent reports indicate that anime and manga piracy, including hentai, has surpassed music piracy, with nHentai.net recording nearly 80 million visits just this past June.
Copyright Holders Respond
Unsurprisingly, copyright holders are increasingly frustrated with the unauthorized distribution of their work. Many utilize DMCA takedown notices to combat piracy, yet compliance is often lacking among targeted platforms.
PCR Distributing, as one of the aggrieved copyright holders, recently obtained a DMCA subpoena compelling Cloudflare to reveal the identities behind nHentai, citing failure to act on prior takedown requests. However, nHentai’s legal team quickly contested the subpoena, arguing that it should not have been issued.
Details of the Lawsuit
On Friday, PCR filed a comprehensive lawsuit in a California federal court, labelling nHentai as a “pirate” site with a vast audience. The complaint alleges that nHentai hosts copyrighted material, including both digital and physical works, without authorization. The court documents emphasize that nHentai does not allow user-generated content uploads, which would typically grant platforms a safer harbour under the DMCA.
“NHentai.net is a widely visited platform for adult manga and doujinshi content, attracting over 79,000,000 visits per month,” the complaint states. “The website hosts a vast collection of hentai works, much of which is believed to be shared without proper authorization.”
Attempts at Settlement
Although the complaint does not name nHentai’s operators, the parties are familiar with one another. Last October, nHentai proposed a confidential settlement to PCR regarding copyright infringement claims, which PCR declined, demanding instead the removal of infringing content.
“Despite DMCA-compliant takedown notices sent to both nHentai and its service providers, all reported URLs remain active,” the lawsuit notes.
Seeking Damages and Injunction
PCR seeks damages for the alleged copyright infringements and is pursuing a broad injunction to halt further unauthorized use of its works. This injunction would not only prevent future infringements but also require the registrar of nHentai.net to transfer ownership of the domain to PCR. If a transfer isn’t achieved, the injunction would mandate that various third-party intermediaries, including search engines and ISPs, block access to the domain in the U.S.
As of now, nHentai has not publicly responded to the lawsuit, but given their previous opposition to the DMCA subpoena, it is anticipated that a formal response will be forthcoming.