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Just one court and others have ruled differently in the past.
Wow, that is kind of a bizarre ruling. Unpacking it from the current context of finding file sharers, on what grounds should a court get to decide that a production loses all copyright protection solely because of its content? It's not just the sex acts but the performers, I presume, that give value to a porn video (and of course, production value and story writing).

I suspect that some athletic broadcasts enjoy copyright protection by the league and yet it'd be strange to deny their copyright just because it's a bunch of guys kicking a ball around

I think we are still living in times where some parents would rather deliver a person in a society where the chances of being a porn performer are reduced, compared to the chances of being a sports performer.
Torrentfreak is such a terrible linkbait sensationalist piece of poop. This is one decision of one court for a specific tiny selection of films. It has absolutely no meaning in a broader sense.

They don't even link to the sources in that article.

Flag and or skip.

> On that basis the District Court found that the works had never been released in Germany and were therefore ineligible for protection under the Copyright Act

Germany is a party to the Berne Convention, so I find that highly unlikely. German copyright law explicitly says that foreign nationals are accorded all the protections required by international treaties (see article 121, section 4 of their Copyright Act).