Evan From XPAYS here is your response from XXXCASH

100 dramas...

congrats again on 15000

You bastard...

Not that I feel the need to answer to anyone, but since you question the validity of XXXcash sites, here's a statement from our attorney.



1. Does XXXCASH?s use of celebrity images violate California Civil Code Section 3344?

Cal. Civ. Code § 3344(a) sets forth the statutory right of publicity to a person?s ?name, voice, signature, photograph or likeness? and imposes liability where the use is knowing, for the purpose of ?advertising or selling? and is ?without the person?s prior consent?. Cal. Civ. Code § 3344(d) exempts any use ?in connection with any news, public affairs, or sports broadcast or account, or any political campaign?. We have previously written to you and explained that the First Amendment provides for a similar exemption for uses in connection with matters of public interest.

We believe that your activities, as you describe them, involve both ?news? and ?public affairs? so that the statute is not violated.

The meaning of the term ?public affairs? was considered in Dora v. Frontline Video, Inc., 15 Cal. App. 4 536, 545-46, with the Court holding that ?public affairs? means ?something less important than news?. The Court stated that ?[p]ublic affairs? relates to ?real life occurrences? about which the public is interested. The public is ?constitutionally entitled to know about things, people, and events that affect it?. The Court concluded that the term ?public affairs? could not be limited to ?topics that might be covered on public television or public radio,? as to do so, ?would be to jeopardize society?s right to know.

We also believe that your use of celebrity photos constitutes a depiction of ?news? as that term is used in this statute. We have previously written you in detail about how showing celebrity photos as part of a news presentation can be newsworthy, and you have informed us that your site is newsworthy.

Indeed, the amount of effort you extend in making your site newsworthy is impressive. You have informed us that you employ a Celebrity Content Manager and staff who has been directed to provide your members with a ?One Stop Shop? treasure trove of newsworthy information about their favorite celebrities.

The enhancement of content on your celebrity web sites includes, but is not limited to, the following information and features:

? Celebrity Biography
? Celebrity Filmography
? Celebrity Trivia
? Celebrity Birthday and Horoscope
? Celebrity Gossip
? Celebrity Mug shots
? Celebrity Autographs
? Celebrity Addresses
? Celebrity Classifications
? Celebrity Interviews
? Movie Reviews
? Links to personal, official celebrity web sites.


Your sites provide a pictorial history as well as biographical information of the celebrity as related to the impact of nudity on their career. You have told us that your celebrity photo database provides enhancements that are related information as to the origin and informational description of the photos.
You also indicate that you have partnered with various entertainment and news agencies that provide an enviable database of news stories, covering every aspect of the music, movie and showbiz industries.

We note that you have developed and implemented special feature sections highlighting historic entertainment events; i.e. 40 years and 22 movies of the James Bond series and 37 years and 18 Star Trek TV and movie series, including a special section of "Daytime Soaps" featuring 24 of the top daytime soap opera series of all time, including the entire cast listing for each from the beginning to now.

You indicate that you are currently developing the following:
? Special feature section of 36 popular adult TV programs; highlighting plots, casts and related features including biographies, filmographies, etc.
? A "Survivor" feature with all 5 Survivor series contestants including photos and personal background information.


You apparently have implemented various methods of extensive research to obtain as much background information from public media sources to enhance your celebrity content area and your special feature sections highlighting momentous entertainment events.

We understand that it is your goal to enhance and promote all of the entertainment features available and link related web sites to create a wide range of newsworthy information and services


Thus, when considering the nature and content of the XXXCASH website, it appears that the use falls within both the news account and public affairs exemptions of Cal. Civ. Code § 3344(d).


2. Does XXXCASH?s use of celebrity images violate the common law of California as it relates to Right of Publicity?


Under California?s common law, a claim for infringement upon the right of publicity requires a showing of the following elements:

i) Use of the plaintiff?s identity;
ii) Appropriation of plaintiff?s name or like to defendant?s advantage; iii. Lack of consent; and
iii) Resulting injury.

Eastwood v. Superior Court, 149 Cal. App. 3d 409, 417 (1983); BAJI No. 7.23 (8? ed. 1994).

The news account exemption codified in Cal. Civ. Code § 3344(d) is a defense not only to the statutory cause of action of 3344, but also to the common law cause of action. Eastwood v. Superior Court, 149 Cal. App. 3d at p. 421; New Kids on the Block v. News America Pub., Inc., 971 F.2d 302, 309-310 (9th Cir. 1992); Comment, BAJI No. 7.23 (8th ed. 1994) p. 318.
Thus, the defenses described in relation to the statutory right of publicity are equally applicable to the common law claim. As noted above, we believe these defenses are fully available to XXXCASH.

dude - you are cracking me up - LMFAO

you continue to dig your hole deeper and deeper

The TMobile Pics are Not Public Domain

just a friendly head's up - the pic of her coming out of her car with the upskirt is owned by the paparazzi who took it and is very expensive to acquire. i can refer you if like.

did your attorney give you authority to make false statements about another company as well?

KRosh, no one is questioning the concept of celeb sites.

The issue is about pics that were never issued as legal pics.

If pics are stolen, then everyone on the internet sees it, does it make it right to take them because that person is a celeb?

Your answer doesn't address this issue.

If you have the rights to use those specific pics, which TMobile says no one has the rights to, then you need to speak up and let the world know you have the rights. Not a bunch of california laws on celeb sites.

Just answer the question. I like you man, I'm just curious if you have the rights or not. No need to go back and forth and name call and pull out an answer to the wrong question.

yes or no?

No shit. Attorneys are in the business of "billable hours", not necessarily giving you the best advice.

Take their "opinion" with a grain of salt. THey would love nothing better than to defend you in a huge lawsuit- they see "TMobile" and fucking salivate.

You ready hand over your profits to this law firm?

Now Far L you understand what I been telling you all these years?

The amount money ya spent on shit with attornies...

OMG...
I can only imagine.

It's amazing how this sort of shit can change one's opinion on someone... watching some of Evan's posts I figured.. hey.. he's an "ok" guy.. I'll promote XPays... But the last few days.. well I've got to say that I'm starting to think he's a nutcase.. sorry.. but that's just the perception I'm getting...

Krosh you havent really made it until you get a C&D originating from xpays

see ya soon buddy

Ya must be a pretty stupid webmaster to make your biz decisions like that.

But even so...

Point and case the logic is simple.

No rights to use = Content Violation.

It's pretty black and white.

if you are referring to their unfair and deceptive business practices then ok, but this thread is about tmobile and is not a hypothesis.

anyone in our industry that supports xxxcash on this is a hypocrit.

When all you have to judge someone by is how they act on a business message board, then it's not "stupid".. One has to go with their gut. Course.. coming from you I should have expected something like this..

But thanks for reminding me that you can't post anything without resorting to name calling etc.

if you are pro-xxxcash then you are pro: content infringement, pro- unfair competition, and pro - a lot of things.

Ethics getting called out and jumping on the thread starter without any basis or valid contradictory proof is lame.

So XXXCASH-

I posted proof- so should you and my retraction will be immediate.

edit- proof twice now- a copy of tmobile's c&d evidencing that your content is not public domain and proof of your checks clearing.

Tempest your here to make money right?
Your here to make money honestly right?

Whats so stupid about not following those simple rules?
Instead discarding Evan as a Nutcase ya might wanna consider the fact that he is right and avoid possible problems in the future.

Evan,

are you on a bandwagon again? haven't read the other thread but will soon.

Why didn't you handle this off board man?? I could see brining this public ASAP if krosh or someone stole from your members area, but WTF..

Oh and you know you sent a few c&d's out in the old days

Think about money men!

read this thread and the primary thread. that right there should tell you that in advance you will be on our side by the time you are done. let us know.

a lot of people are having reflex responses and not digesting the reality evidenced here.

headed out for a home-cooked meal. krosh - do not forget to retract your false statements in case you overlooked my posts.

everyone likes it when people point sites that make use of their content when it is infringed or similar content questionably obtained that creates confusion in the marketplace.

if you were in our shoes you would think the same. also our affiliates do not appreciate being diluted and our responsibility is to them first as always.

I wasn't posting regarding this issue or whether or not he's right, I prefer to do business with professionals... that's the key word... professionals... And the last few days of reading his posts has not left me with the impression that he's professional... Maybe he's having a bad few days... But at the end of the day.. reputations can be destroyed in the matter of minutes...

Just to clarify, I am on NO side here as I have no dog in this fight, however I made my earlier comment to you Evan, as it appeared from your statement that you did not know wether they had a right or not from what I read. I apologize for calling you a tool, it is just my nature to do so ... I meant nothing by it.

Hacked Images = Stolen Images.

Someone owns them and they are far from public domain.
They are definatly worth money no doubts but we saw the same thing when the Australins got the Paris shit to, look what happened there.

Unpaid webmasters and content violation.

Krosh your taking a big gamble dude...

mature post- renewed respect for you.

Where I come from people handle things like MEN, they dont go snitching other people out to the authorities. I just think you look rather childish crying to the tmobile people about someones site because you got served a letter from Tmobile. Maybe that's not what's going on but that's how it looks from this end. Your public bashing of another company on a public board as well as insulting all their employees that you dont even know is a disgraceful way of doing business..

So let me get this right here. xxxpays gets a letter fron T-mobil stateing:

T-Mobile USA, Incorporated ("T-Mobile") has received information that the domain listed above, which appears to be on servers under your control, links to Ms. Paris Hilton's address book, personal information and/or voicemail messages, which were obtained in an unauthorized manner from T-Mobile facilities.



Then xxxpays comes on here and bashes xxxcash for the same thing they got a letter about?

Thats what I see here as well!!

you know what Evan this SHIT aint none of my biz but I betcha it's mostly about "competition"

As I said I would of handled it off board. Jew boys don't need to be slitting throats in public

Well if that is the case then i have one question for xxxpays. Why did you not just give them a friendly heads up with a phone call or email? Seem like the "kettle calling the pot black" here to me

If Evan cant have it, no one can.

We will deal with anything that comes our way. Again, thanks for the notification that the letter exists, Evan. We havent received one as of yet, but Ill let you know when it gets here.

This thread has gotten completely out of control. Im not stating anything personal about Evan or anything negative about Xpays. I dont like pissing or big dick games.

I dont appreciate Evan coming out and calling the staff and owner of XXXCash "Greedy Fucking Idiots". I would like an apology for that and that alone. Report what you want. Just dont call me names!!

Have a great dinner, Evan.

Just anwser me one question please did xxxpays contact you directly or with that post he made?

ALL i know is that xxxcash converts amazing

Its how you use the law in your favor. Ask Roger V the one who really made Paris famous

no kidding

Not my business either but it is posted on a public forum so let everyone have fun posting their take.

Why bring up the Jew boy stuff? Isn't this a porn bbs, and good boys and girls shouldn't really have an opinion about religion and/or if you are white, black, yellow, green, blue or purple?

What about Mr Skin?

Surefire,

I threw out the jew boy stuff as Evan and I belive Krosh are jew boys, just as I am..

Thanks for checking though

I would say they are newsworthy . . . so while T-Mobile may not like it, I am afraid I have to agree with XXXCash's counsel

Well looks like xpays won this drama thread!

Huh??????????

Technically even if the system was hacked does not mean the photos are public domain they belong to someone. They belong to the people that took the photos.

Hello no consent forms, no releases.

What your saying is basically if somone owns a photoset and puts it on the internet its public domain?

Well fuck me...

I am just gonna start taking content from the TGP's and do what I wish!
All that shits news worthy!