SoBeGirl VS AMA - Page 2 - GoFuckYourself.com

sarettah · 06-08-2003, 09:08 PM

AMAs license from www.amacontent.com

COPYRIGHT and SECTION 18 U.S.C. 2257 INFORMATION

All content on AMAContent.com including page design, graphics, text, images, videos, video feeds, audio clips and stories are warranted to be fully owned, or legally licensed for resale, and documented in accordance with the requirements of US Federal Law SECTION 18 U.S.C. 2257 .

All images of a sexual nature are documented as required by US Federal law under the Child Protections Act: Section 18 U.S.C. 2257. Documentation is available to the proper governmental or law enforcement agencies (or challenging individuals able to supply documentation as required under the Digital Millenium Copyright Act).

AMA Content strictly abides by 18 U.S.C 2257 so our content is 100% legal. Before we create any new content, we ensure that we hold model releases and two forms of identification for every model.

License to comply when you buy content

1- GRANT OF LICENSE, GENERAL TERMS:

Licensor owns and distributes the purchased products.

In accordance with this agreement, Licensor grants Licensee a non-exclusive website license to use the product(s) on their website(s).

Licensor retains titles and ownership of the Product, and gives up no legal rights as part of this agreement.

Licensee agrees not to sell or distribute the images via any physical method (such as diskette, CD-ROM, paper printing, or any other technology not specifically named in this document) without additional written permission and payment of fees.

Licensee acknowledges that unauthorized reproduction of copies of the licensed material may constitute a serious crime, and that such actions may also result in a suit for damages, injunctive relief, and attorney fees, pursuant to this agreement and to other rights that the licensor may have.

It is understood, not withstanding any other provisions of this agreement, licensor has the unequivocal right to obtain timely injunctive relief to protect the proprietary rights of Licensor.

Licensee must provide a complete list of domains in which material is to be used.

2- ACCEPTABLE USES OF LICENSED CONTENT:

Banners and Webpage Design: Banners with licensed material on them must be linked to a site owned by the licensee, and material used in webpage design elements must be located on a website owned by the licensee.

Thumbnail Posts: Up to thirty (30) images may be used at one time in a thumbnail post URL, so long as the material remains hosted at the licensee's site. If the material is to be hosted at the Thumbnail post's URL, then up to fifteen (15) images may be used, providing that all images are clearly identified as being from the Licensee owned site, and a link to that site is provided.

Movie Posts: Up to twelve (12) videos and a maximum of 100 secondes may be used at one time in a movie post URL, so long as the material remains hosted at the licensee's site. If the material is to be hosted at the post URL, then up to three (3) videos and a maximum of 30 secondes may be used, providing that all images are clearly identified as being from the Licensee owned site, and a link to that site is provided.

All of the material contained on the Product may be used as "web content" on up to twenty (20) domains owned by the Licensee. Licensee may distribute the product only via internet website(s) which are intended for end user usage only. Product may not be placed on a website with the intent to resell the content's use to other webmasters. Product may not be used on any type of leased product made available to other webmasters.

All elements not used for banner usage or webpage design are to be placed behind some form of membership only access system, such as an Adult Verification Service, or a paysite membership system.

3- UNACCEPTABLE USES OF CONTENT:

Licensee may not alter the images to make them appear to be the copyrighted property of anyone other than Licensor.

Licensee may not post the product to any "Newsgroup" servers.

Licensee is NOT licensed to rent, lease, transfer, network, reprise display, or distribute the materials, except as specifically provided above.

You may not knowingly allow other websites to use the product, either by renting it's usage on your site, or by allowing them to link to your website. Exception: Thumbnail & Movie postings, as provided above.

4- CONTENT EDITING PROVISIONS:

Small URL's may be added to the images for the purposes of promotion.

Editing of the images to make them suitable for sample images is encouraged, such as pixelating areas of the photo unsuitable for children to view, when the photos may be in an area where children can see them.

Creation of Thumbnail images to use on a licensee's site is allowed.

"Cropping" of the material is allowed.

Changing the file format and compression technique used is allowed.

Adjusting/Altering color, gamma, attributes is allowed.

You may rename files.

Editing the files to make them more suitable for your usage is allowed, however, changing the content of the material (such as morphing or editing another person or object into the photo, or changing the appearance of one that is there), is NOT allowed.

Image Watermarks or Imbedded code (such as JPG comments) may not be removed by the Licensee.

5- Payment of Royalty.

Licensee will pay a one-time lifetime fee specified on the purchase invoice. This license allows Licensee to use the Product on up to twenty (20) domains owned and operated by Licensee. All websites that this material is used on must show the Licensee's name on it within the publically accessable InterNIC (or other registration agency) records.

6- Revocation of License.

Licensor may revoke Licensee's license in the event that Licensee violates one or more of the provisions of this license.

The License is automatically revoked if the Licensee declares bankruptcy, obtains a refund of the product payment, or causes the product payment to become invalid through any action, such as fraudulent use or credit card chargeback.

Involuntary revocation of the license does not grant Licensee any refund of the payment made.

7- Modifications.

Any modifications not specifically listed in this document are not granted without express written permission of Licensor.

8- Transfer of Rights.

This agreement shall be binding on any successors of the parties. Licensee does not have the right to assign it's interests in this agreement to any other party, unless the prior written consent of Licensor is obtained and an administration fee of $50.00 is paid.

9- Entire Agreement.

This agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the parties.

10- Severability.

If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but thatby limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

11- Waiver of Contractual Right.

The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.

12- Applicable Law.

This agreement shall be governed by the laws of the United States of America. Licensee holds Licensor and Broker harmless for any legal issues related to the distribution of the material as it relates to community standards and adult entertainment laws as set forth in any city/county, state or country of Licensee and their websites. Licensor does not warrant this material to be acceptable in your community, and Licensee assumes full responsibility for determining what images are suitable for distribution. Licensor warrants the images are fully copyrighted, and this license warrants these images free of intellectual property violations only. These images are in compliance with the 18 USC 2257 US Federal Law, and any inquiries made under this law must be directed to Licensor.

************************************************

First of all Joe states:

warranted to be fully owned, or legally licensed for resale,

So, Joe establishes that to sell this content it is either his or licensed for resale...

In the website usage he states:

"In accordance with this agreement, Licensor grants Licensee a non-exclusive website license to use the product(s) on their website(s). "

"Licensee agrees not to sell or distribute the images via any physical method (such as diskette, CD-ROM, paper printing, or any other technology not specifically named in this document) without additional written permission and payment of fees. "

Thereby establishing that a purchaser of his content does NOT have resale rights unless explicitly stated in writing and that there is a definite distinction between USAGE and RESALE.

he then goes on to state explicitly what the usage rights are...

Eric.. you need one of them from Joe saying you have RESALE rights... Where is it ?

Groove · 06-08-2003, 09:12 PM

SoBe how's that acceptance speech coming along?

Only one hour until polling closes
and you're still ahead

See sig:

quiet · 06-08-2003, 09:14 PM

Quote:

Originally posted by SoBeGirl Video
And it is a fact that SoBeGirl has been known as the place to buy affordable content for newbies and experienced webmasters alike for years.

the fact is, your former customers (me included) are wondering if we should take down any content bought from you in the past, and not use any in the future.

i'm sitting on 8 or 9 of your scenes, and have 15 others out on the web. WTF?

we need solid answers, not some bullshit spin on a message board. again, WTF?

amacontent · 06-08-2003, 09:14 PM

Ya know Erik you scumbag, you know dam well you agreed to a cap of $40. My mistake is I didnt get it in writing so I guess im fucked.

And I did try and settle this Dean Capture. Sobe said to me

I need a copy of a tape i bought from you. I will pay the money you want if you Fed Ex it to me. He went as far as making an out of court settlement so to speak:
http://www.amacontent.com/pics/sobe.jpg

Its a shit little contract, but it was an agreement . So i copied tape and fed exed it to him next day . After he recieved the tape, he ICQ me and said he decided not to live up to his agreement.
GEE what a surprise.

BTW Erik, do you have permission to use music in your videos. Thats music copyright violation right there. Hmm ripping off the music companies too. Seems like guy tryin to get his money back from you because he cant use the videos with music in it and you dont respond. You are a little prick arent you

.

SoBeGirl Video · 06-08-2003, 09:15 PM

Farley,

I have all I need from Joe and I posted them here. You have been going out of your way to trash me. You follow me from board to board. You threaten me. You constantly bother me like a pesky mosquito.

Do you have nothing better to do? It is obvious that MR. Joe sold content to SoBeGirl, SoBeGirl sells content and that is why SoBeGirl bought the content from Joe so that it could be resold. SoBeGirl sells content inexpensively and everyone knows that. You keep saying where is the contract where is the contract, Ask Joe where is the contract proving I don?t have rights to sell.

I say I have proof. You say I don't Do you have anything else constructive to say or are you going to continue to drool and babble like you always do
?

Groove · 06-08-2003, 09:19 PM

Quote:

Originally posted by SoBeGirl Video
It is obvious that MR. Joe sold content to SoBeGirl, SoBeGirl sells content and that is why SoBeGirl bought the content from Joe so that it could be resold. SoBeGirl sells content inexpensively and everyone knows that. You keep saying where is the contract where is the contract, Ask Joe where is the contract proving I don?t have rights to sell.

You claim to have spent $20,000 acquiring this content, yet you don't even have a piece of paper giving you the rights to resell it. LMAO you are one slick businessman, aren't you?

sarettah · 06-08-2003, 09:20 PM

Quote:

Originally posted by SoBeGirl Video
Yes F and I , SoBeGirl has never sold my content to a reseller just for this reason. I have it in my license so that it is clear that when you buy my content it is not to be resold. Joe on the other hand sold SoBeGirl his content to be resold. That is all SoBeGirl does. And one point very legal in nature too is this;

This fact is that SoBeGirl sells content at a very affordable price is one of the first things a Judge would ask. What would be a expected price for the sale. All you have to do is look at my promotions and you will see I have been offering great deals on content for years. [/B]

The first thing a judge would want to see is the license, that is the contract...

Joe has his license available on the site prior to purchase...

Joes license also states that the purchaser does not have resale rights unless explicity put into writing...

His license also states very clearly:

"Licensee is NOT licensed to rent, lease, transfer, network, reprise display, or distribute the materials, except as specifically provided above."

and:

"9- Entire Agreement.

This agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the parties. "

and:

"11- Waiver of Contractual Right.

The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement. "

That is what the judge will see..... and of course you standing there sputtering about saying...but but but but but...

and you will be fucked...

Erik... settle up with Joe... You will lose in court imho...

I rest my case and am out of here for the night....

peace

btw... Eric, congrats in advance on winning the esteemed first annual SOBE award... Couldn't happen to a nicer guy

Diamond Jim · 06-08-2003, 09:20 PM

What's this about the copyrighted music in the videos? I am actually interested in purchasing the Sobe line at these prices, but need clarification on this issue.

Does Sobe content contain music copyrighted by artists that have not licensed that right to Sobe? Or is it royalty free music?

amacontent · 06-08-2003, 09:21 PM

See ya in court SOBE. I hope you have permission to use that music in your videos or that will cost ya too.

Groove · 06-08-2003, 09:22 PM

Quote:

Originally posted by FarleyHiggins
btw... Eric, congrats in advance on winning the esteemed first annual SOBE award... Couldn't happen to a nicer guy

Voting closes in 40 minutes.

Bumps would be appreciated

See sig:

FATPad · 06-08-2003, 09:22 PM

You're stuck.

If you say there was no verbal agreement to sell at a minimum of $40/set, you have zero proof you can even resell that stuff at all.

If you admit to the only proof that you have the right to resell, you have to admit you broke the floor price agreement and damaged Joe's business as a result of it.

Nice job.

sarettah · 06-08-2003, 09:25 PM

Quote:

Originally posted by SoBeGirl Video
Farley,

Ask Joe where is the contract proving I don?t have rights to sell.

?

Well, I guess I am not quite out of here.....

I will ignore the insults and get right to the point....

LOLOLOLOLOLOLOLOLOLOLOLOLOLOLOL.....

you should just be glad that Joe is a nice guy, because if it was me, I would take your little pissant ass to the cleaners.....

You want a contract to prove you can't sell ??? You haven't read many copyright laws have you ?? The artist (in this case the producer/photographer) retains all and any rights to his original creations unless explicitly spelled out... always...

Jon2 · 06-08-2003, 09:25 PM

Sobe...When you buy content to resell...You don't decide what is bullshit and what isn't...You say he told you there was a cap on the price...You thought it was bullshit and sold it as you wanted anyways...

People who bought the content and worried about taking it down? Ama I believe said in another post that he is not yanking your licenses because you didn't know...But I think he wants to get in touch with everyone to give you a legal license...

If I read it right...Correct me if I am wrong ama

Jon

Jon2 · 06-08-2003, 09:28 PM

Quote:

Originally posted by FATPad
You're stuck.

If you say there was no verbal agreement to sell at a minimum of $40/set, you have zero proof you can even resell that stuff at all.

If you admit to the only proof that you have the right to resell, you have to admit you broke the floor price agreement and damaged Joe's business as a result of it.

Nice job.

Yup...

And anyways..Like you said besides any point of any agreements...Sobe has admited he does not have any reseller agreement with ama...

Remember...Anythiing you say in here can be used agaisnt you in court...Your admitted you had no license for resell...

Jon

SoBeGirl Video · 06-08-2003, 09:30 PM

I have proof to resell at any price I want.

There is no copy write music in my video. Joe is just starting shit to get me some headaches and hurt a competitor.

If ever you find copy write music in any video, like a radio gets picked up in the background or a TV is on, just let me know and I will let you change out the set.

Joe is the one with music in his videos. I have rejected several of his vids for this reason alone.

And FatPad and Farley = I respect your opinions but they are wrong.

Joe, I am always willing to work this out with you. Extortion, lying and slander will not make me cooperate.

Groove · 06-08-2003, 09:32 PM

Quote:

Originally posted by amacontent
I hope you have permission to use that music in your videos or that will cost ya too.

What are you talking about? Music producers know SoBeGirl makes porn videos, so it would be obvious to a court that if the music company sells SoBe a CD he will be using that music in his porn videos. Besides, the music producers have no signed contract with Sobe proving that it is illegal for him to use this music. Thus SoBeGirl is A-OK with the music

magnatique · 06-08-2003, 09:32 PM

what`s to learn from this thread kids? ALWAYS have a bullet proof contract on ALL your transactions

Diamond Jim · 06-08-2003, 09:34 PM

Any judge is going to look at the fact that Sobe has been selling this content for some time with Joe's clear knowledge, and that there was no dispute until the price was slammed into the ground. He will not need any documentation to prove he has a license to resell.

But if there is copyrighted music in those videos, he (and much worse, the webmasters who have purchased the content) stand to get a good fucking....

Sobe, was is the real deal? I want to buy but wouldn't touch anything with copyrighted music in it with a ten foot pole.

Groove · 06-08-2003, 09:39 PM

Quote:

Originally posted by Diamond Jim
Sobe, was is the real deal? I want to buy but wouldn't touch anything with copyrighted music in it with a ten foot pole.

SoBeGirl phoned EMI, they have reached a settlement...

No need to worry

sarettah · 06-08-2003, 09:39 PM

Quote:

Originally posted by SoBeGirl Video

Joe, I am always willing to work this out with you. Extortion, lying and slander will not make me cooperate. [/B]

LOLOLOLOLOLOL...

Eric...sobitemyassholeandsuckalongtimeboy.....

You are the one that took this to the boards.. On Oprano....

Mike baited you and you came in and gave your long ass song and dance... I nailed you there for it and that is why I came over here today, to nail you again...

Joe wasn't gonna say a fucking thing... He in fact stated that he wasn't going to bash in public.....

Once we directed him to what you were saying on another board, he finally, after much prompting told his side....

So any crap that comes from this was your own doing....

Joe seems like a damn nice guy that just wants a fucking even break... You seem like a little brat of a kid that deserves to have whatever business you have yanked right out from under you....

Of the two of you, if I was to do business, it would be Joe over your ass any fucking day of the week....

magnatique · 06-08-2003, 09:39 PM

Quote:

Originally posted by Diamond Jim
Any judge is going to look at the fact that Sobe has been selling this content for some time with Joe's clear knowledge, and that there was no dispute until the price was slammed into the ground. He will not need any documentation to prove he has a license to resell.

But if there is copyrighted music in those videos, he (and much worse, the webmasters who have purchased the content) stand to get a good fucking....

Sobe, was is the real deal? I want to buy but wouldn't touch anything with copyrighted music in it with a ten foot pole.

actually, you are wrong.

if let`s say SONY has a contract stating that everyone who buy their CD`s are not to be copied...
but Joe Blow goes there and buys, on a personnal deal, 1 of each ... BUT all that Joe Blow does in his company is copy CDS....

Do you think the Judge will say : "Oh, well, Sony should have known JOE Blow copies Cd`s because this is all they do."

NO... it doesn`t work this way... they go for whatever contract is in WRITTEN, which supersedes any prior or further ORAL contract... as its a tangible proof, and not a I said this, you said that...

it`s always easier to keep your head high and settle your issues like business man and come to an agreement... going to court will cost you both, instead of making you both money.

magnatique · 06-08-2003, 09:42 PM

Quote:

Originally posted by quiet

the fact is, your former customers (me included) are wondering if we should take down any content bought from you in the past, and not use any in the future.

i'm sitting on 8 or 9 of your scenes, and have 15 others out on the web. WTF?

we need solid answers, not some bullshit spin on a message board. again, WTF?

Quiet, you've got mail.

edit: Damn, am in Montreal, don`t have my address book... I sent the mail to your member`s site address, not the other one...
will send it tomorrow when the guys get in the office if you don`t get it...

Diamond Jim · 06-08-2003, 09:45 PM

Quote:

Originally posted by magnatique

actually, you are wrong.

Actually, I'm not wrong, and your analogy made no sense whatsoever....but thanks for playing.

Why · 06-08-2003, 09:53 PM

so ya'll agreed to give handjobs then?

magnatique · 06-08-2003, 09:56 PM

Quote:

Originally posted by Diamond Jim

Actually, I'm not wrong, and your analogy made no sense whatsoever....but thanks for playing.

I agree that analogy wasn`t the best, butI trully believe that a judge will go towards tangible facts rather than hearsay...

But you know what, I don't have a law degree, or I don't have any experience with such contracts... I can only speak from my personal experience and what I had to deal with in the past...

So I'll leave it at that and let those who have the knowledge discuss about it... and you quite possibly know more than I do...

Once in a while ya gotta admit you can`t know it all heh.

Phil

JFPdude · 06-08-2003, 09:58 PM

Quote:

Originally posted by FarleyHiggins

Joe wasn't gonna say a fucking thing... He in fact stated that he wasn't going to bash in public.....

Once we directed him to what you were saying on another board, he finally, after much prompting told his side....

So ... Joe and Sobe were going to work it out like business men that they are until prompted to bash it out on the boards by you?

I think a simple phone call would settle all this because both Joe and Sobe are great people and run good businesses and don;t need all this on the boards.

thats my

Alex From San Diego · 06-08-2003, 10:02 PM

Hey Mag.....go get 'em tiger....lol

Theo · 06-08-2003, 10:02 PM

Quote:

Originally posted by magnatique

Once in a while ya gotta admit you can`t know it all heh.

I dont know about you, but I know it all

magnatique · 06-08-2003, 10:05 PM

Quote:

Originally posted by Soul_Rebel

I dont know about you, but I know it all

one thing for sure is I know about yo mama !

I always give her some

and it`s definately

LOL

Theo · 06-08-2003, 10:06 PM

and we always provide an invoice

Diamond Jim · 06-08-2003, 10:06 PM

Quote:

Originally posted by magnatique

I agree that analogy wasn`t the best, butI trully believe that a judge will go towards tangible facts rather than hearsay...

Unfortunately for your theory, the very tangible and clearly obvious fact is that Joe has known about Sobe selling the content for some time and has made several posts indicating the problem was a verbal agreement not to sell them for less than $40 a set....not that he has no right to sell them at all.

At $5 a set, how much money can be involved here? Doesn't sound like enough to make ANY hassles worth it...

Is there anyone that can confirm or deny the story of copyrighted music in Sobe videos?

Alex From San Diego · 06-08-2003, 10:09 PM

Quote:

Originally posted by Soul_Rebel
and we always provide an invoice

I haven't received mine yet....lol

malakajoe · 06-08-2003, 10:12 PM

Is it just me, or is anyone thinking this.

If this ends up in court, anything posted by either party here or anywhere else on the web can and will be used. I am pretty sure, if this ends up in court, lawyer(s) will be pretty upset so much has been openly said.

If you know you might get sued, keep everything private.

Or am I just being a stupid fuck again?

amacontent · 06-08-2003, 10:14 PM

Erik, we had a deal, you sent me a signed contract. Then when you got your tape in Fed Ex, you reniged on your deal.

Once again i say, what a surprise.

Ill make you one more offer to settle this. ICQ me if interested.

magnatique · 06-08-2003, 10:14 PM

Quote:

Originally posted by Diamond Jim

Unfortunately for your theory, the very tangible and clearly obvious fact is that Joe has known about Sobe selling the content for some time and has made several posts indicating the problem was a verbal agreement not to sell them for less than $40 a set....not that he has no right to sell them at all.

At $5 a set, how much money can be involved here? Doesn't sound like enough to make ANY hassles worth it...

Is there anyone that can confirm or deny the story of copyrighted music in Sobe videos?

I wasn`t aware of all the board evidence, haven`t followed it

good point..

as for copyrighted stuff, we were gonna order the whole list of sets, and had to back out... I asked for the copyrighted stuff, and was told to go myself through all the content samples he had and choose the ones without music... so we didnt end up ordering anything... a shame, good content IMHO

psyko514 · 06-08-2003, 10:16 PM

As far as I know, Joe has never denied that he gave SoBe the rights to resell, regardless of whether or not there was a written agreement.

Joe has also admitted he doesn't have a written agreen to a minimum price for the videos, saying he only had a verbal agreement. SoBe denies this agreement.

So as it stands, both agree SoBe has the rights to resell. And only one believes there was an agreement as to the minimum sale price, but he admits he has no proof of said agreement.

Groove · 06-08-2003, 10:17 PM

Congratulation SoBe! You are the winner of The First Annual SoBe Awards. Your peers have judged you to be GFY's most unethical member. If you would be kind enough to make your way to the SoBe Awards thread (see sig), it is time for you to make your acceptance speech. Don't be shy, your audience is waiting.

Diamond Jim · 06-08-2003, 10:18 PM

Quote:

Originally posted by magnatique

as for copyrighted stuff, we were gonna order the whole list of sets, and had to back out... I asked for the copyrighted stuff, and was told to go myself through all the content samples he had and choose the ones without music... so we didnt end up ordering anything... a shame, good content IMHO

Good Lord....

Okay, thanks, Mag....that tells me what I need to know...

Webmasters....be afraid..

Paul Markham · 06-08-2003, 11:01 PM

Quote:

Originally posted by FATPad
Moral of the story?

Never buy from an insecure dork who spams...it'll just turn into a mess later on for everyone involved.

No the moral of the story is do business with people you know and trust, not just people who are "Cool" on boards. And GET A PROPERLY WORDED CONTRACT.

We buy and sell and our buying in contract states.

Quote:

Non-Exclusive Internet Resale Contract

Between BANAPRO s.r.o.
PAUL MARKHAM
JULIANOVSKE NAM2 636 00,
CZECH REP.
Phone; +420 603 298 001

The Seller (Enter name and address)

Dated

Paul Markham buys the following (image sets) under the following terms and conditions.

List sets & number of Images
Set No. Models Name Number of images

Total number of images

Sets of images are purchased with full Internet resale rights.

This license is non-exclusive and (Enter name) as the owner of the images can sell the license again as he wishes.

The license is for the resale of the images, by Banapro s.r.o. to their Internet clients. For these sales there is no further payment expected. This has been paid for in full & verified by the purchaser to be of an acceptable quality.

Banapro have the right to resell the images in any way they see fit on the Internet.

Should Banapro, s.r.o. sell any images to magazines they will pay (Enter name) 50% of the money received from the magazines on receipt of the payment to Banapro.

Banapro, s.r.o. holds two legal photo documents for proof of identity and age, plus a legal model release.

I have fully read and understand this document.

Acknowledged and Agreed

Paul Markham Date

I have the legal authority to enter into this agreement

Acknowledged and Agreed

Date

We alter it to fit any individual contract situation. Probably would not hold up in a court of law, but who is going to court over some like this?

OnTime · 06-08-2003, 11:05 PM

When was sobe ever consider 'cool' on the boards? You admit your contract won't hold up in court? Then it's as useless as anything else. LOL

Paul Markham · 06-08-2003, 11:12 PM

Quote:

Originally posted by Diamond Jim
What's this about the copyrighted music in the videos? I am actually interested in purchasing the Sobe line at these prices, but need clarification on this issue.

Does Sobe content contain music copyrighted by artists that have not licensed that right to Sobe? Or is it royalty free music?

A piece of advise.

IF ANY OF YOU HAVE ANY VIDEOS ON YOUR SITE WITH MAINSTREAM COPYRIGHT MUSIC ON YOU COULD BE IN TROUBLE. FEW MAINSTREAM COMPANIES ARE HAPPY TO SEE THERE USED AS A BACKGROUND TO PORN, THEY SUE.

Had dealings with the company that protects musicians rights many years ago. Big company, many lawyers.

Producers, there is plenty of copyright free music out there go buy it. Buyers, if you hear the Rolling Stones in the background on a porn video assume Mick Jagger did not sign a license.

Theo · 06-08-2003, 11:24 PM

Alex is coming!

Charly very good point.

Paul Markham · 06-08-2003, 11:25 PM

Quote:

Originally posted by OnTime
When was sobe ever consider 'cool' on the boards? You admit your contract won't hold up in court? Then it's as useless as anything else. LOL

I never said Sobe was considered cool, that was your conclusion. I was advising newbies to buy from people who know how to run their business and not guys they find on a board and appear cool.

Might not hold up in court, if the guy on the other side has a good attorney, but it states how we intend to do business. If someone disputed it I would pull down the content immediately or put it back to the right price. Not going to soil my business reputation over a few thousand dollars worth of content.

goBigtime · 06-08-2003, 11:32 PM

Quote:

Originally posted by SoBeGirl Video

So I guess you can say that the problem here is that it is Joe?s word against mine but I think the facts are obvious. I have been selling this content for about a year now. Only now does Joe claim I don?t have rights to sell it. I claim I do and I have invoiced for purchase from SoBeGirl (which is a company that does nothing but sell content) to prove it.

Yeah I guess you have him there.

Now if only you had some cashed check stubs paying him for resale roylaties or whatever - you'd be golden. At least that would establish there was a verbal agreement for resale.

But I don't think the asumption that "I am sobegirl - why would I buy content for website use?" would fly for a second in a courtroom. Maybe AMA (or any content provider for that matter) has content that you yourself can not produce, or a different region of models or something... but just to say "I have my own content business -- it should be implied that I will resell this content" -- dunno man.

Here's a bad analogy of your logic here ---

let's say you own Dodge (the whole company, not just the neon

), but you buy a few different Mercedes models from Mercedes - at current market prices.

Does this give you manufacture rights to those Mercedes models?... just because Mercedes knew you owned another auto manufacturer company & sold them to you anyway?

amacontent · 06-08-2003, 11:36 PM

Psycho writes:
Joe has also admitted he doesn't have a written agreen to a minimum price for the videos, saying he only had a verbal agreement. SoBe denies this agreement.

I say:
if SOBE DENYS AGREEMENT< WHY DID HE SEND ME AN OFFER CONTRACT THAT HE SIGNED TO MAK EME HAPPY.

http://www.amacontent.com/pics/sobe.jpg

goBigtime · 06-08-2003, 11:44 PM

beautiful.. its all settled then

Thread closed?

(yeah right)

goBigtime · 06-08-2003, 11:50 PM

Hmm what about the royalties or percentage of the sales? No mention of that there.

Ah I see... I guess this is just an amendment to the verbal resale agreement that did, then didn't, then maybe did, now did exist after all?

amacontent · 06-09-2003, 12:02 AM

Problem is, SOBE sent me this agreement, then broke the agreement 24 hrs later when he got the tape he needed from me.

Groove · 06-09-2003, 12:28 AM

Quote:

Originally posted by amacontent
Problem is, SOBE sent me this agreement, then broke the agreement 24 hrs later when he got the tape he needed from me.

Agreements mean nothing to SoBe, he has proved that time and time again. Are you really going to sue him?

DolcettChef · 06-09-2003, 12:29 AM

Quote:

Originally posted by goBigtime

let's say you own Dodge (the whole company, not just the neon ), but you buy a few different Mercedes models from Mercedes - at current market prices.

Does this give you manufacture rights to those Mercedes models?... just because Mercedes knew you owned another auto manufacturer company & sold them to you anyway?

The problem with your analogy is Mercedes owns Dodge - Chrysler is now Daimler Chrysler, as in Daimler Benz, the parent company of Mercedes Benz. The new Crossfire, to name just one cross-company platform, is coming out full of Mercedes parts in it

06-08-2003, 09:08 PM	#51
sarettah see you later, I'm gone Industry Role: Join Date: Oct 2002 Posts: 14,107	AMAs license from www.amacontent.com COPYRIGHT and SECTION 18 U.S.C. 2257 INFORMATION All content on AMAContent.com including page design, graphics, text, images, videos, video feeds, audio clips and stories are warranted to be fully owned, or legally licensed for resale, and documented in accordance with the requirements of US Federal Law SECTION 18 U.S.C. 2257 . All images of a sexual nature are documented as required by US Federal law under the Child Protections Act: Section 18 U.S.C. 2257. Documentation is available to the proper governmental or law enforcement agencies (or challenging individuals able to supply documentation as required under the Digital Millenium Copyright Act). AMA Content strictly abides by 18 U.S.C 2257 so our content is 100% legal. Before we create any new content, we ensure that we hold model releases and two forms of identification for every model. License to comply when you buy content 1- GRANT OF LICENSE, GENERAL TERMS: Licensor owns and distributes the purchased products. In accordance with this agreement, Licensor grants Licensee a non-exclusive website license to use the product(s) on their website(s). Licensor retains titles and ownership of the Product, and gives up no legal rights as part of this agreement. Licensee agrees not to sell or distribute the images via any physical method (such as diskette, CD-ROM, paper printing, or any other technology not specifically named in this document) without additional written permission and payment of fees. Licensee acknowledges that unauthorized reproduction of copies of the licensed material may constitute a serious crime, and that such actions may also result in a suit for damages, injunctive relief, and attorney fees, pursuant to this agreement and to other rights that the licensor may have. It is understood, not withstanding any other provisions of this agreement, licensor has the unequivocal right to obtain timely injunctive relief to protect the proprietary rights of Licensor. Licensee must provide a complete list of domains in which material is to be used. 2- ACCEPTABLE USES OF LICENSED CONTENT: Banners and Webpage Design: Banners with licensed material on them must be linked to a site owned by the licensee, and material used in webpage design elements must be located on a website owned by the licensee. Thumbnail Posts: Up to thirty (30) images may be used at one time in a thumbnail post URL, so long as the material remains hosted at the licensee's site. If the material is to be hosted at the Thumbnail post's URL, then up to fifteen (15) images may be used, providing that all images are clearly identified as being from the Licensee owned site, and a link to that site is provided. Movie Posts: Up to twelve (12) videos and a maximum of 100 secondes may be used at one time in a movie post URL, so long as the material remains hosted at the licensee's site. If the material is to be hosted at the post URL, then up to three (3) videos and a maximum of 30 secondes may be used, providing that all images are clearly identified as being from the Licensee owned site, and a link to that site is provided. All of the material contained on the Product may be used as "web content" on up to twenty (20) domains owned by the Licensee. Licensee may distribute the product only via internet website(s) which are intended for end user usage only. Product may not be placed on a website with the intent to resell the content's use to other webmasters. Product may not be used on any type of leased product made available to other webmasters. All elements not used for banner usage or webpage design are to be placed behind some form of membership only access system, such as an Adult Verification Service, or a paysite membership system. 3- UNACCEPTABLE USES OF CONTENT: Licensee may not alter the images to make them appear to be the copyrighted property of anyone other than Licensor. Licensee may not post the product to any "Newsgroup" servers. Licensee is NOT licensed to rent, lease, transfer, network, reprise display, or distribute the materials, except as specifically provided above. You may not knowingly allow other websites to use the product, either by renting it's usage on your site, or by allowing them to link to your website. Exception: Thumbnail & Movie postings, as provided above. 4- CONTENT EDITING PROVISIONS: Small URL's may be added to the images for the purposes of promotion. Editing of the images to make them suitable for sample images is encouraged, such as pixelating areas of the photo unsuitable for children to view, when the photos may be in an area where children can see them. Creation of Thumbnail images to use on a licensee's site is allowed. "Cropping" of the material is allowed. Changing the file format and compression technique used is allowed. Adjusting/Altering color, gamma, attributes is allowed. You may rename files. Editing the files to make them more suitable for your usage is allowed, however, changing the content of the material (such as morphing or editing another person or object into the photo, or changing the appearance of one that is there), is NOT allowed. Image Watermarks or Imbedded code (such as JPG comments) may not be removed by the Licensee. 5- Payment of Royalty. Licensee will pay a one-time lifetime fee specified on the purchase invoice. This license allows Licensee to use the Product on up to twenty (20) domains owned and operated by Licensee. All websites that this material is used on must show the Licensee's name on it within the publically accessable InterNIC (or other registration agency) records. 6- Revocation of License. Licensor may revoke Licensee's license in the event that Licensee violates one or more of the provisions of this license. The License is automatically revoked if the Licensee declares bankruptcy, obtains a refund of the product payment, or causes the product payment to become invalid through any action, such as fraudulent use or credit card chargeback. Involuntary revocation of the license does not grant Licensee any refund of the payment made. 7- Modifications. Any modifications not specifically listed in this document are not granted without express written permission of Licensor. 8- Transfer of Rights. This agreement shall be binding on any successors of the parties. Licensee does not have the right to assign it's interests in this agreement to any other party, unless the prior written consent of Licensor is obtained and an administration fee of $50.00 is paid. 9- Entire Agreement. This agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the parties. 10- Severability. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but thatby limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 11- Waiver of Contractual Right. The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement. 12- Applicable Law. This agreement shall be governed by the laws of the United States of America. Licensee holds Licensor and Broker harmless for any legal issues related to the distribution of the material as it relates to community standards and adult entertainment laws as set forth in any city/county, state or country of Licensee and their websites. Licensor does not warrant this material to be acceptable in your community, and Licensee assumes full responsibility for determining what images are suitable for distribution. Licensor warrants the images are fully copyrighted, and this license warrants these images free of intellectual property violations only. These images are in compliance with the 18 USC 2257 US Federal Law, and any inquiries made under this law must be directed to Licensor. ************************************************ First of all Joe states: warranted to be fully owned, or legally licensed for resale, So, Joe establishes that to sell this content it is either his or licensed for resale... In the website usage he states: "In accordance with this agreement, Licensor grants Licensee a non-exclusive website license to use the product(s) on their website(s). " "Licensee agrees not to sell or distribute the images via any physical method (such as diskette, CD-ROM, paper printing, or any other technology not specifically named in this document) without additional written permission and payment of fees. " Thereby establishing that a purchaser of his content does NOT have resale rights unless explicitly stated in writing and that there is a definite distinction between USAGE and RESALE. he then goes on to state explicitly what the usage rights are... Eric.. you need one of them from Joe saying you have RESALE rights... Where is it ? __________________ All cookies cleared!

06-08-2003, 09:14 PM	#54
amacontent STANLEY CUP CHAMPION ! Industry Role: Join Date: Feb 2003 Location: Los Angeles Posts: 12,871	Ya know Erik you scumbag, you know dam well you agreed to a cap of $40. My mistake is I didnt get it in writing so I guess im fucked. And I did try and settle this Dean Capture. Sobe said to me I need a copy of a tape i bought from you. I will pay the money you want if you Fed Ex it to me. He went as far as making an out of court settlement so to speak: http://www.amacontent.com/pics/sobe.jpg Its a shit little contract, but it was an agreement . So i copied tape and fed exed it to him next day . After he recieved the tape, he ICQ me and said he decided not to live up to his agreement. GEE what a surprise. BTW Erik, do you have permission to use music in your videos. Thats music copyright violation right there. Hmm ripping off the music companies too. Seems like guy tryin to get his money back from you because he cant use the videos with music in it and you dont respond. You are a little prick arent you . __________________ Joe Loughlin [email protected] TEAM- joeloughlin. Telegram - AMA_JOE https://www.amaproduction.com

06-08-2003, 09:21 PM	#59
amacontent STANLEY CUP CHAMPION ! Industry Role: Join Date: Feb 2003 Location: Los Angeles Posts: 12,871	See ya in court SOBE. I hope you have permission to use that music in your videos or that will cost ya too. __________________ Joe Loughlin [email protected] TEAM- joeloughlin. Telegram - AMA_JOE https://www.amaproduction.com

06-08-2003, 09:22 PM	#61
FATPad Confirmed User Join Date: Oct 2001 Posts: 6,693	You're stuck. If you say there was no verbal agreement to sell at a minimum of $40/set, you have zero proof you can even resell that stuff at all. If you admit to the only proof that you have the right to resell, you have to admit you broke the floor price agreement and damaged Joe's business as a result of it. Nice job. __________________ <a href="http://www.adultcontent.co.uk">Adult Content UK - Great British Content</a>

06-08-2003, 09:32 PM	#67
magnatique Confirmed User Join Date: Jan 2001 Location: Montreal Posts: 1,830	what`s to learn from this thread kids? ALWAYS have a bullet proof contract on ALL your transactions __________________ Stunner Media Programs: StandAhead \| IndieBucks \| BoyCrushCash \| Phoenixxx \| EmoProfits \| BritishBucks \| HunkMoney \| LatinoBucks Make $$$ with Gay! Lowest Minimum Payouts in the Business, Perfect Track Record, Amazing Sites

06-08-2003, 09:12 PM	#52
Groove Confirmed User Join Date: Jan 2003 Posts: 3,852	SoBe how's that acceptance speech coming along? Only one hour until polling closes and you're still ahead See sig:

06-08-2003, 09:15 PM	#55
SoBeGirl Video So Fucking Banned Join Date: Sep 2002 Location: Planet earth Posts: 2,493	Farley, I have all I need from Joe and I posted them here. You have been going out of your way to trash me. You follow me from board to board. You threaten me. You constantly bother me like a pesky mosquito. Do you have nothing better to do? It is obvious that MR. Joe sold content to SoBeGirl, SoBeGirl sells content and that is why SoBeGirl bought the content from Joe so that it could be resold. SoBeGirl sells content inexpensively and everyone knows that. You keep saying where is the contract where is the contract, Ask Joe where is the contract proving I don?t have rights to sell. I say I have proof. You say I don't Do you have anything else constructive to say or are you going to continue to drool and babble like you always do ?

06-08-2003, 09:20 PM	#58
Diamond Jim Confirmed User Join Date: May 2001 Location: USA Posts: 150	What's this about the copyrighted music in the videos? I am actually interested in purchasing the Sobe line at these prices, but need clarification on this issue. Does Sobe content contain music copyrighted by artists that have not licensed that right to Sobe? Or is it royalty free music?

06-08-2003, 09:25 PM	#63
Jon2 So Fucking Banned Join Date: Aug 2001 Posts: 2,875	Sobe...When you buy content to resell...You don't decide what is bullshit and what isn't...You say he told you there was a cap on the price...You thought it was bullshit and sold it as you wanted anyways... People who bought the content and worried about taking it down? Ama I believe said in another post that he is not yanking your licenses because you didn't know...But I think he wants to get in touch with everyone to give you a legal license... If I read it right...Correct me if I am wrong ama Jon

06-08-2003, 09:30 PM	#65
SoBeGirl Video So Fucking Banned Join Date: Sep 2002 Location: Planet earth Posts: 2,493	I have proof to resell at any price I want. There is no copy write music in my video. Joe is just starting shit to get me some headaches and hurt a competitor. If ever you find copy write music in any video, like a radio gets picked up in the background or a TV is on, just let me know and I will let you change out the set. Joe is the one with music in his videos. I have rejected several of his vids for this reason alone. And FatPad and Farley = I respect your opinions but they are wrong. Joe, I am always willing to work this out with you. Extortion, lying and slander will not make me cooperate.

06-08-2003, 09:34 PM	#68
Diamond Jim Confirmed User Join Date: May 2001 Location: USA Posts: 150	Any judge is going to look at the fact that Sobe has been selling this content for some time with Joe's clear knowledge, and that there was no dispute until the price was slammed into the ground. He will not need any documentation to prove he has a license to resell. But if there is copyrighted music in those videos, he (and much worse, the webmasters who have purchased the content) stand to get a good fucking.... Sobe, was is the real deal? I want to buy but wouldn't touch anything with copyrighted music in it with a ten foot pole.

06-08-2003, 09:53 PM	#74
Why MFBA Industry Role: Join Date: Mar 2003 Location: PNW Posts: 7,230	so ya'll agreed to give handjobs then?

06-08-2003, 10:02 PM	#77
Alex From San Diego Confirmed User Join Date: May 2001 Location: San Diego Posts: 1,642	Hey Mag.....go get 'em tiger....lol __________________ We are what we repeatedly do.-Aristotle

06-08-2003, 10:06 PM	#80
Theo HAL 9000 Industry Role: Join Date: May 2001 Posts: 34,515	and we always provide an invoice

06-08-2003, 10:12 PM	#83
malakajoe Confirmed User Join Date: Feb 2003 Location: Sacramento Posts: 1,751	Is it just me, or is anyone thinking this. If this ends up in court, anything posted by either party here or anywhere else on the web can and will be used. I am pretty sure, if this ends up in court, lawyer(s) will be pretty upset so much has been openly said. If you know you might get sued, keep everything private. Or am I just being a stupid fuck again? __________________ Selfpleasure.com for sale on auction. Closes on Tuesday March 11th at 9pm PST!!!! Dirty enough to be good, but clean enough for everyone! ------------------------------------------------------------------ Moral Police - First graduating class coming soon! - Forcing our values across the internet Last edited by malakajoe; 06-08-2003 at 10:17 PM..

06-08-2003, 10:14 PM	#84
amacontent STANLEY CUP CHAMPION ! Industry Role: Join Date: Feb 2003 Location: Los Angeles Posts: 12,871	Erik, we had a deal, you sent me a signed contract. Then when you got your tape in Fed Ex, you reniged on your deal. Once again i say, what a surprise. Ill make you one more offer to settle this. ICQ me if interested. __________________ Joe Loughlin [email protected] TEAM- joeloughlin. Telegram - AMA_JOE https://www.amaproduction.com

06-08-2003, 10:16 PM	#86
psyko514 See sig. Join Epic Cash. Join Date: Oct 2002 Location: Montreal, Quebec. ICQ: 214702014 Posts: 22,366	As far as I know, Joe has never denied that he gave SoBe the rights to resell, regardless of whether or not there was a written agreement. Joe has also admitted he doesn't have a written agreen to a minimum price for the videos, saying he only had a verbal agreement. SoBe denies this agreement. So as it stands, both agree SoBe has the rights to resell. And only one believes there was an agreement as to the minimum sale price, but he admits he has no proof of said agreement. __________________ Bad Girl Bucks - 50% Revshare through CCBill. Promote BrandyDDD, Pixie's Pillows, Action Allie and more! Phoenix Forum Pics \| Webmaster Access Montreal pics email: psyko514(a)gmail.com \| icq: 214-702-014

06-08-2003, 10:17 PM	#87
Groove Confirmed User Join Date: Jan 2003 Posts: 3,852	Congratulation SoBe! You are the winner of The First Annual SoBe Awards. Your peers have judged you to be GFY's most unethical member. If you would be kind enough to make your way to the SoBe Awards thread (see sig), it is time for you to make your acceptance speech. Don't be shy, your audience is waiting.

06-08-2003, 11:05 PM	#90
OnTime Confirmed User Join Date: Dec 2001 Posts: 403	When was sobe ever consider 'cool' on the boards? You admit your contract won't hold up in court? Then it's as useless as anything else. LOL

06-08-2003, 11:24 PM	#92
Theo HAL 9000 Industry Role: Join Date: May 2001 Posts: 34,515	Alex is coming! Charly very good point.

06-08-2003, 11:36 PM	#95
amacontent STANLEY CUP CHAMPION ! Industry Role: Join Date: Feb 2003 Location: Los Angeles Posts: 12,871	Psycho writes: Joe has also admitted he doesn't have a written agreen to a minimum price for the videos, saying he only had a verbal agreement. SoBe denies this agreement. I say: if SOBE DENYS AGREEMENT< WHY DID HE SEND ME AN OFFER CONTRACT THAT HE SIGNED TO MAK EME HAPPY. http://www.amacontent.com/pics/sobe.jpg __________________ Joe Loughlin [email protected] TEAM- joeloughlin. Telegram - AMA_JOE https://www.amaproduction.com

06-08-2003, 11:44 PM	#96
goBigtime Confirmed User Join Date: Nov 2002 Posts: 7,761	beautiful.. its all settled then Thread closed? (yeah right)

06-08-2003, 11:50 PM	#97
goBigtime Confirmed User Join Date: Nov 2002 Posts: 7,761	Hmm what about the royalties or percentage of the sales? No mention of that there. Ah I see... I guess this is just an amendment to the verbal resale agreement that did, then didn't, then maybe did, now did exist after all?

06-09-2003, 12:02 AM	#98
amacontent STANLEY CUP CHAMPION ! Industry Role: Join Date: Feb 2003 Location: Los Angeles Posts: 12,871	Problem is, SOBE sent me this agreement, then broke the agreement 24 hrs later when he got the tape he needed from me. __________________ Joe Loughlin [email protected] TEAM- joeloughlin. Telegram - AMA_JOE https://www.amaproduction.com