Originally posted by XPays
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Im confused , is that a yes or a no ? Can i advertise on sites that violate your copyright ( like google adwords )hatisblack at yahoo.com -
amen to spanno and others btw- hope you all have a great weekend.Originally posted by XPaysHEAD'S UP
Background:
Only XPays.com and HotelHeiress.com/TrustFundGirls.com have the rights to display images and video from The Paris Hilton Sex Tape via the internet. Authorized images for building tgp's, and authorized materials for promotion are all available at http://XPays.com for your legal use.
What Is happening:
Our partners who possess the copyright to the Paris Hilton Sex Tape have been dmca'ing Google, Yahoo and MSN listed links that:
1) Misuse our copyrighted images and link to unauthorized sites or use our images in violation of XPays terms and conditions.
2) Those who hijack results and link to infringing sites such as nude-celeb-hound. see sample infringing link: http://www.nude-celeb-hound.com/aff/...ilton-nude.htm for example is using our copyrighted image and violating our client's copyrighted content (theft).
What to do on your end:
Immediately inspect your landings and verify that your pages are compliant. Email or call us if you have questions. If you receive a notice from us or our outside firm handling the dmca's and have an XPays account, you will have 24 hours to comply. Should you not comply, your links will suddenly disappear and go ploooooof like many links have before yours
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The Good News:
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you say that like your question is based in fact. this is not a puzzle to extrapalate like a rubic's cube bro. it is very simple.Originally posted by SmokeyTheBearInterNext Expo Domain Auction Live Now thru Feb 5
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Did the case go to trial or was it a default judgement? Default judgement's do not mean dick as we all know.Originally posted by XPaysDig up salomon vs. *****,*****,*****
I can't even begin to imagine a USPTO examiner issuing a trademark for that phrase, although crazier things have happened over there. Again, if challenged I am certain it would be revoked.
If I put a simple text link on a page that says "paris hiltons sex tape" and charged money to see what is really not there, that is fraud and misrepresentation, not infringement.
But hey, again, I support all efforts to protect IP, I have always been big on that.Comment
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I don't doubt your stats are accurate, I was just suggesting that your Paris site doesn't convert..Originally posted by XPaysComment
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getting an answer seems about as simple as a rubiks cubeOriginally posted by XPays
Im not trying to start trouble , just wouldnt mind a straight answer..
i will reiterate
Can i advertise on sites that violate your copyright ( like google adwords ? )hatisblack at yahoo.comComment
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Originally posted by spanno
The people in this thread complaining happen to be upstanding webmasters whose sponsors value very highly. This isnt a case of being caught and bitching about it. Im confident that Smokey and Myself have never used stolen content (we are not friends or connected) and im also confident that he also sees it as theft as i do.
But thats if you stole it, if i trade links with a root 2 years ago and he has a violation inside it on some page today, that does not give xpays the right to dmca my site.Last edited by Hardlinks; 02-10-2006, 02:53 PM.Comment
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Originally posted by nexcom28
You must be doing something wrong. I haven't updated my site in a year and I still get checks like clockwork from XPays.
I don't check stats, but I know I am not sending very much traffic at all, but it is obviously converting . . . unless Evan is just sending me checks so I will make posts like thes.Comment
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add hotel heiress to the $1 trial sites.Comment
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Did Paris sign a model release ?Originally posted by J$tyle$Here's some actual facts and an emotionless opinion.
FACT: XPAYS is the ONLY company that has the rights to any adult site featuring the Paris Hilton sex tape.
FACT: Any company using images to that tape on their site SAYING you can find the tape inside is infringing and stealing profits that rightfully belong to XPAYS.
FACT: Anyone USING those images to promote ANYTHING EXCEPT XPAYS is a contributing infringer in essence USING STOLEN CONTENT and profiting by sending to sites that DO NOT have the rights to publish and Paris video and stealing profits from XPAYS.
FACT: Claiming ignorance of the law does not mean you're INNOCENT. If you live in Amsterdam where smoking pot is legal and you visit the United States and light up a bowl in Starbucks and a cop arrests you ... they will not release you because you did not know it was illegal.
OPINION: I don't think XPAYS is trying to rid affiliates from listing high in the SE's. They just want those listed affiliates USING THEIR CONTENT to be send the traffic to them which is not far out of the realm of reasonability.
OPINION: Links text links COULD EASILY BE PERCEIVED as infringing too. Again, Ignorance of XPAYS copyright is not a defense. Just either comply or pull the links. It's not like they're not giving people a chance to do so and filing a lawsuit off the bat!
Does she share in the profits?Comment
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Evan - are you stiring shit again?ICQ: 52344098
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50% Commissions on all Product Sales. http://www.wishing.com/moneyComment
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I think I typed that so I am misunderstood I just meant all celeb stuff is eitherl stolen or used without permission anyways (even Xpays don't have paris's permission) so its all a bit weird to seeComment
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Originally posted by baddog
where do i sign up for that program hahah www.fakePR.com great idea, you could combine it with a product like www.fakescreenshots.com and make a mint..
People either want to buy the video or they want to watch it for free, thats about the crux of it.. and its clear lots of people dont mind paying for it
hatisblack at yahoo.comComment
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Evan, it looks like #1 domain being promoted on google adwords for xpays could have the domain name deleted for violating ICANN Whois Policy. You should let him know. It's all Not Applicable;
Registrant:
Not Applicable
Na mailto
[email protected])
Na
na
na,56743
US- Free Premium Domain Lists and Tools at Clickmojo.com
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Originally posted by SmokeyTheBearwhere do i sign up for that program hahah www.fakePR.com great idea, you could combine it with a product like www.fakescreenshots.com and make a mint..
People either want to buy the video or they want to watch it for free, thats about the crux of it.. and its clear lots of people dont mind paying for it
Just to clarify, I was only addressing the issue as to whether or not it converts. I don't have a dog in this fight.Comment
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We are 100% 2257 Compliant- overboard compliant.Originally posted by LittleCInterNext Expo Domain Auction Live Now thru Feb 5
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Are you nuts? It's been years and we are still here in the united states lol.Originally posted by spannoInterNext Expo Domain Auction Live Now thru Feb 5
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apparently it's dogpoo.com to be specific?Originally posted by sextoykingInterNext Expo Domain Auction Live Now thru Feb 5
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Still Ballin'Comment
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this is not a fight. in a real fight the opponents both have a leg to stand on btwInterNext Expo Domain Auction Live Now thru Feb 5
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>> Are you nuts?
yes!Comment
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Can i get an answer to this question please.
Can affiliates advertise using sites like google adwords that violate your copyright ?
Or
Can they only advertise on some sites that violate your copyright ? is it a case by case basis , do affiliates need to have the sites they advertise on be cleared by xpays first ?hatisblack at yahoo.comComment
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Hey Evan,
Did Paris sign a model release ?
Does she share in the profits?
she does have nice legs
Comment
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Smokey, maybe Xpays wants to reserve the right to sue Google like Perfect10 did at some future point and can't comment on it for that reason ?
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Originally posted by XPays
hahaha, at least it's not dog piss LOL
ICQ: 52344098
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50% Commissions on all Product Sales. http://www.wishing.com/moneyComment
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that kind of leaves the door open for them to can almost every account without pay for violation.Originally posted by BrujahSmokey, maybe Xpays wants to reserve the right to sue Google like Perfect10 did at some future point and can't comment on it for that reason ?
The point here is basically they are saying you cant advertise on sites that violate their copyright.. google is in clear violation ( in my opinion ) of their copyright. So by that def, people cant use google adwords ( or most search engine ppc advertising ) so i was trying to clarify as to how an affiliate is supposed to know eher he can advertise and where he can't or if he/she needs to get the sites they advertise on approved on a case by case basis before they drop links.. ( or at least thats how i understood it )hatisblack at yahoo.comComment
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I love TomComment
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[QUOTE=
The point here is basically they are saying you cant advertise on sites that violate their copyright.. google is in clear violation ( in my opinion ) of their copyright. So by that def, people cant use google adwords ( or most search engine ppc advertising ) so i was trying to clarify as to how an affiliate is supposed to know eher he can advertise and where he can't or if he/she needs to get the sites they advertise on approved on a case by case basis before they drop links.. ( or at least thats how i understood it )[/QUOTE]
I agree..Comment
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Here, let me help my good buddy Evan....
It has not been PROVEN in a legal proceeding that google is in violation of their copyright so the point is moot.
Should google be found liable for copyright infringement in the future, feel free to ask the question at that time.
Carry on.Comment
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lol. I just want to make a post and say Carry On, like JMM.
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Isnt that Paris Hilton shit waaaay past its prime by now...?Comment
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i just called Paris and she said to say ' HI EVERYONE 'MEOWWWWWComment
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So basically to ensure you remain legal and compliant without worry, dont trade links with anybody who promotes xpays because you need to police your network so they dont dmca you. Nothing like an extra thing to do every week. Last thing you need is to have your site removed from google cause an overzealous company has filed a dmca because a link trade started infringing on their copyright.
And tgps, if a domain has xpays shit on it, you might as well ban it, cause if that site infringes and have google msn or yahoo cached recip links to you, the "clients" lawyers will find them while scouring the engines for link backs.Last edited by Hardlinks; 02-10-2006, 04:02 PM.Comment
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Can someone explain this to me. (I am Dutch)
In the US you can buy from the partner (BF or husband) from someone famous a vid which is made for private purpposes and make money of it ?
without a model release ? nothing ?
why ?Comment
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All I can say is that if XPays comes along and starts bitching about the banners or FPAs I use to promote the CECash DVD (as provided by them), or they complain about the page text or links, it's XPays that will lose my business.
I promote the CECash DVD AND the XPays site. And I sometimes do it in a cross promotional way. There is no way in hell I'm going to put a big sticky note on my computer to remind me that I can ONLY use certain text etc. depending on what I'm promoting. It's simply not worth the hassle to even bother promoting it in the first place if everytime you build something you risk getting a bunch of asshole lawyers breathing down your necks.Comment
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Do we have a possible future sex-tape involving LittleC and Paris ?Originally posted by LittleCHey Evan,
Did Paris sign a model release ?
Does she share in the profits?
she does have nice legs
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Originally posted by Tempest
Yeah well the asshole lawyers are checking backlinks now too, so even if you dont use the wrong text etc, if someone in the links does your fucked.
This is a joke.Comment
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Brujah - LOL I'll ask her ! xoxoOriginally posted by BrujahDo we have a possible future sex-tape involving LittleC and Paris ?Comment
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hahaha fuck you!
i can SEO whatever the fuck i want and link to whereever the fuck i want to.
if i dont use any of your "sex tape" content, you can go fuck yourself
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oh and xpays doesnt conver for shit, thats why people are sending their paris hilton traffic elsewhere
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Do not let the twisting manipulating types confuse you- both of the outbound links you mentioned benefit and you should be seeing improved amounts of traffic in line with our other partners. Even if one does not promote XPays but runs a clean ship, they benefit too.Originally posted by TempestInterNext Expo Domain Auction Live Now thru Feb 5
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It may be a moot point to you not to me.. If i use adwords i would like to be told "its ok to use adwords " if its not ok i should be told "its not ok. That int very hard for the average sponsor to answerOriginally posted by JMM
You right google hasnt "proven" to be infringing , so does that mean i can trade links /advertise on ANY site that hasnt PROVEN to be infringing ?? thats the question.. it isnt a hard one..
To me the lack of an answer is disturbing.. to me it says " we might or might not take your mony and have search engines ban you , with no criteria to use
The TITLE of this thread says "LINK TO INFRINGERS" so obviousy anyone with half a brain can see google is infringing on xpays copyright. it hasnt been proven , but neither had any other site i have seen on a dmca complaint ( as far as i know )
So it either means "link to PROVEN infringers" or it means "link to ANY infringers " and that would include google as they are obviously an infringer..hatisblack at yahoo.comComment
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Originally posted by SmokeyTheBear
In case you haven't read it, interesting read by an EFF lawsuit defending a search engine for linking to images as "fair use"
http://www.eff.org/IP/Linking/Kelly_..._ruling_pr.php
Fight the reading, riting, and rithmetic!
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http://www.FightThePatent.com | ICQ 52741957Comment
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If that is the case then why wouldnt they just say "google isnt violating the copyright" , i'll tell you why because they "might" be violating their copyright just as any other unproven site "might" be violating their copyright.. so the question is "as an affiliate" how do i judge whats xpays may consider "infringing" if they dont clarify what that is..Originally posted by FightThisPatent
then my next question would be can i repicate google images and use (fair use) as an excuse ? I notice a few sites on the dmca that have images displayed in the same fashion ( i.e. only thumbnail images )
Fight the reality.. lets put aside the "text " and just focus on the images. If i display "thumbnail" images from the paris hilton video , and promote something entirely different would xpays can my account or can accounts of people linking to me.
To me its pretty simple . "links to infringing" is almost every site ont he internet.. including google.. does google not link to infringing sites ? well i advertise on google.. like many people.. so is advertising on google adwords a violation ? or not ?Last edited by SmokeyTheBear; 02-10-2006, 08:09 PM.hatisblack at yahoo.comComment
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even with text aside then we get into more details that would need to be clarified like what size of thumbnail is considered "fair use" etc
its easy to say "you cant infringe no exceptions" adding that you will seize funds and go after sites serp's that "link to infringers" opens up alot of questions that need to be clarified..Last edited by SmokeyTheBear; 02-10-2006, 08:12 PM.hatisblack at yahoo.comComment
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Originally posted by SmokeyTheBear
The chilling effects of DMCA notices to ISP and google was best exemplified in the Perfect 10 thread where P10 was sending DMCA notices to google.
Google decided to drop those domains from the SE in order to "comply" with the DMCA, without necessariliy doing the DD to see if there was a case.
ISP and companies like google would probably err on the conservative safe side that a DMCA notice from Xpays or any copyright holder to be presumed to be valid and just dump the "offender", because the consequences of not doing any action would be very costly to them.
Like the EFF case i posted up, there is a gray area hear about linking to images, including thumbnails on your side as "fair use"... but the gray area can only be decided in a court of law.
So there is room for inadvertant misuse or abuse of DMCA by any company where a website that gets caught up in this mess could find themselves de-listed from Google, and the chances of getting back are very slim unless you have some $$ to pay some good attorneys.
Google isn't going to fight the fight to challenge the gray areas, they are a publically traded company and stockholders don't like litigation.
Google already censors search results to appease China.. so they are looking out for their own interests.
The XPays guys have every right to defend their copyright licenses and it could happen that some websites get caught up "innocently" in all of this.. but I am sure that when xpays files its DMCA notices, they have done their research to be sure.. because filing a fraudulent DMCA could find the DMCA noticier to end up in court and pay damages.
For those that got dropped by Google, that's a hard battle to fight, because you can't target xpays, it's google that dropped you...and taking on google on the sometimes gray area of copyrights and linking, is one that most can't afford.
Fight the copywrongs!
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http://www.FightThePatent.com | ICQ 52741957Comment
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exactly .Originally posted by FightThisPatent
Thats what i was pointing out earlier.. the method that has been used to stop infringers in the past is not enough for some companies , but this can work both ways.. If someone falsely accuses a site of dmca and gets their site pulled i wouldn't be the least bit suprised to see the victim do the same thing and falsely accuse ther person who targetted them, all this leads to is everyone losing money.. but see the thread title of this thread goes one step further to INCLUDE google depspite the google images by "linking to violaters" as i'm sure many sites do, so how many links deep are they concerned with ..hatisblack at yahoo.comComment
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possibly-related musings on close issues:
1. http://mywordsontheweb.com/jack/the-...alue-imbalance
2. http://2houseplague.blogspot.com/200...t-through.html
3. http://profitlabinc.com/PROFITBLOG/c...ate-marketing/tada!Comment
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