There’s something strangely surreal about watching two adult platforms square off against one of the most powerful regulatory bodies in Europe. It’s like seeing the quiet kid in class suddenly challenge the teacher on the grading rubric — bold, a little chaotic, and honestly pretty fascinating. That’s what played out this week in Luxembourg, where attorneys for Pornhub and Stripchat told the EU’s General Court that the European Commission misjudged them based on shaky data.
Both cases — Aylo Freesites v. Commission for Pornhub and Technius v. Commission for Stripchat — orbit around the same issue: whether these sites really belong in the Digital Services Act’s “very large online platform” category, the VLOP bucket reserved for players with at least 45 million monthly EU users. It’s a label that comes with heavy regulatory weight, not to mention a fee structure that can make a CFO sweat.
But on Friday, according to reporting from MLex, something interesting happened. Christopher Thomas, Aylo’s lawyer, basically asked the court the digital equivalent of: Why are you trusting the substitute teacher but not the person who actually runs the classroom? He questioned why the commission brushed off Pornhub’s own methodology as noncompliant with DSA rules — yet readily accepted Similarweb’s data, even though no one seemed to know “what underlying data Similarweb used, or the maths applied.”
Pornhub’s internal numbers reportedly fell below the VLOP threshold. Similarweb’s outside numbers? Above it.
A small difference in theory, a massive difference in regulatory reality.
Thomas drove the point home with a simple comparison:
“If a provider said they had purchased an estimate below 45 million, but didn’t know the data or methodology on which that was based and couldn’t explain it to the commission, it would obviously be unacceptable.”
It’s one of those arguments that’s hard to un-hear once it’s been said.
From the commission’s side, attorney Paul-John Loewenthal offered something that sounded like a quiet confession about the digital universe we all live in. He acknowledged that user counts are, at the end of the day, approximations. There is “no golden method to calculate user numbers; it’s not possible.”
And with that, the case hung in the air — unresolved, unsettled, and oddly revealing.
Stripchat’s situation wasn’t far off. Their VLOP label also came from Similarweb data, which originally pinned the site above the 45-million mark. Then came the twist: Similarweb later revised the estimate downward, dropping Stripchat below the threshold entirely.
On Thursday, Stripchat operator Technius asked the court to go back and undo the European Commission’s 2023 ruling that labeled them a VLOP in the first place — not just reversed going forward, but retroactively scrapped. And even though the commission already revoked the VLOP status earlier this year, Technius still has reasons to chase a clean erasure.
According to MLex, attorney Tobias Bosch explained that a retroactive annulment could do more than tidy the record. It could help Stripchat recover the supervisory fee it paid. It could shift the jurisdiction over who gets to police them. And it could influence an active investigation into whether the platform violated the DSA in the past.
It’s wild how much hinges on something as mundane-sounding as user-count methodology. But maybe that’s the real tension here — in a world obsessed with data, the people interpreting the numbers often have more power than the numbers themselves.
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