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Old 07-16-2006, 11:26 PM  
Xenophage
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repost form otehr thread, as you can see we take action whenever we are told of infringment.

Quote:
Originally Posted by Brujah
Why don't the content producers sue AFF, like Norm/Perfect 10 did with Adultcheck?



In order to sue, someone would have to prove that AFF WILLINGLY and with forethought was intending to comit fraud.

The way it is set up now, it is the single affiliate that is the only one that has committed any actionable offense of stealing any content ( or traffic in the case of the spyware /illegal downloads etc... mentioned of wich I do not fully understand anyway) in this scenario.

Also then for someone to prove this they would need DEEP pockets to go after AFF ( who has deep pockets themselves)

It is not feesable for anyone to do that, and if ( lets jsut say hypothetically) the scenario went like company A was to have different companies in place that insulated it from direct involvement in a conspiracy to defraud of this magnitude it would take even DEEPER pockets and years of litigation. And as unfortunate as it may sound. if company B is making money from alleged conspiring company A . then they would have to factor that in as well. ( if company A said they were innocent and the affiliate was to blame it would have to be proven otherwise not to be true, and that company A was complacent in the process if compnay A owned company C,D, E, and F somewhere offshore then it would virtually be impossible to actually get to company A wich had all the money, so collecting a winning judment would not be as easy to do either ) so in other words a person has to make a singular choice as to wether or not to promote a company ( not saying AFF is gulilty or anything here, I am just surmizing for the legal experts my opinion on a scenario like this ) that they believe may or may not be stealing or comitting a conspiracy like this .


With that said We send AFF ( affiliates) notice to remove our content all the time , they never do. However AFF does remove that affiliates content of ours all the time and rather quickly in most cases once we send them the DMCA notice. The unforunate thing is that somehow then more NEW affiliates pop up and seem to ahve some of our content too. it is like playing wak a mole at the friggin carnival.

AFF tells us " what are we supposed to do to stop these rogue affiliates" ? their position is that since they remove the content as soon as they are notified that they are helping us as best as they can to protect our content . In other words they appear to be helping us. and actually one could simply argue that to be the truth if ever questioned on it in any sort of legal matter . cause the fact is they do assist us when we notify them of stolen content.

With that said , it would be wrong of me to say who to promote as a dating sponsor. that would be for people to decide what is best and acceptable practices for them and their circumstances individually.
However I can say we promote eroticy with all our stuff, as they seem to be the ones that we like the best. and somehow we never find our stolen content on ANY of their affiliates sites. Not sure why that is I guess.
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