Paris Seo's In here- Link to infringers or infringe and get dmca'd. se link go byebye

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  • Spider Ninja
    Registered User
    • Nov 2005
    • 2051
    #151
    Originally posted by LittleC
    Hey Evan,

    Did Paris sign a model release ?

    Does she share in the profits?

    she does have nice legs
    funny stuff

      Comment

      • FightThisPatent
        Confirmed User
        • Aug 2003
        • 4090
        #152
        Originally posted by SmokeyTheBear
        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 ..

        yes, and again.. a gray area. someone could be linking to a page that has the blatant paris hilton copyright infringements, but that page also promotes other (legal) links... so to determine if that linking relationships is contributing to the infringement is a case that would have to be settled in court.. and one that would most likely never go to court because it was too vague.

        now having a paysite that was streaming the paris hilton video that clearly was not xpays, and affiliates that were promoting that site.. since there is commissions, there is co-infringement, and the affiliate could be rolled up wit that paysite in a lawsuit.. and then have money take back via RICO, etc.

        As Perfect10 and xpays has demonstrated, DMCA to google is far more effective in both costs and time (since the infringer must be taken down within a "reasonable period of time" which in practice is probably no more than 72 hours).. than filing a lawsuit and trying to prove damages.

        People are just starting to realize how much power the DMCA takedown statue has, as a good thing for those that are copyright holders and trying to prevent people from stealing from their works, and as a bad thing, when it is mis-used.

        The greater problem is the general ignorance of copyright laws and that alot of infringements are truly infringements due to people not understanding or making up their own rationale for what is "fair use" and "public domain".


        Fight the flightless bird!
        Last edited by FightThisPatent; 02-10-2006, 09:21 PM.

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          Comment

          • SmokeyTheBear
            ►SouthOfHeaven
            • Jun 2004
            • 28609
            #153
            Originally posted by FightThisPatent
            As Perfect10 and xpays has demonstrated, DMCA to google is far more effective in both costs and time (since the infringer must be taken down within a "reasonable period of time" which in practice is probably no more than 72 hours).. than filing a lawsuit and trying to prove damages.
            !
            I wonder what the long term costs of this might be though.. It might be more effective/less cost in the short term but in the long term , hurting your affiliates/assocaites by association can't be "good" for business.

            Because it all seems to be a grey area , from an affiliate perspective it's far too time consuming/costly to try and figure out what "might" be a link to an infringing site and what "might not" because we dont have any guidlines to go by. i cant afford to buy $1000's of dollars worth of hits from google adwords that i "might" get paid for.. or from any other search engine, i cant do anything if they dont follow up on dmca comp[laints to them by xpays thus they are in violation , and that the makes me in violation..
            hatisblack at yahoo.com

              Comment

              • FightThisPatent
                Confirmed User
                • Aug 2003
                • 4090
                #154
                Originally posted by SmokeyTheBear
                I wonder what the long term costs of this might be though.. It might be more effective/less cost in the short term but in the long term , hurting your affiliates/assocaites by association can't be "good" for business.

                I don't think xpays is lopping their noses off to spite their faces.

                Any website that stands to be in some kind of infringement in their eyes, would probably be targeted first to just become an affiliate with xpays, and earn money as an affiliate to the legit program... this approach probably works for a high percentage of cases... either become an affiliate to promote xpays hilton product or get sued or DMCA'd for promoting an illegal one.. pretty easy choice.

                Those that are blatantly ripping off copyrights like sites charging for the digital content, are ripe for being sued, as well as affiliates who disregard their attempts to convert the affiliate over to the legal product.

                Using the power of DMCA should be the last resort if all other attempts to pursuade the infringer.. since it would be easier to have the ISP (or sites like google, ebay, etc) to force the takedown, rather than trying to go to court and go for copyright infringement (which is minimum $2,500 to $150,000 per image/video)


                Fight the doing the wrong thing!

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                  Comment

                  • XPays
                    Team Player
                    • May 2004
                    • 13002
                    #155
                    Originally posted by FightThisPatent
                    I don't think xpays is lopping their noses off to spite their faces.

                    Any website that stands to be in some kind of infringement in their eyes, would probably be targeted first to just become an affiliate with xpays, and earn money as an affiliate to the legit program... this approach probably works for a high percentage of cases... either become an affiliate to promote xpays hilton product or get sued or DMCA'd for promoting an illegal one.. pretty easy choice.

                    Those that are blatantly ripping off copyrights like sites charging for the digital content, are ripe for being sued, as well as affiliates who disregard their attempts to convert the affiliate over to the legal product.

                    Using the power of DMCA should be the last resort if all other attempts to pursuade the infringer.. since it would be easier to have the ISP (or sites like google, ebay, etc) to force the takedown, rather than trying to go to court and go for copyright infringement (which is minimum $2,500 to $150,000 per image/video)


                    Fight the doing the wrong thing!
                    Good info as usual

                    I can't comment on Perfect10 as it had no bearing or relationship to our situation. This is not even the beginning of the dmca's protecting our content either- it's been on for a long while now relatively speaking. DMCA is a better use of time in the early stages as you cut off significant traffic from infringers. Why would anyone think we do not need webmaster partners? That makes no sense- We do! We have totally fair rules and ample promotional materials available and posted terms. Our client provided full documentation to the se's btw as far as copyright- there is no grey area as far as copyright's go.
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                      Comment

                      • LittleC
                        LittleC
                        • May 2002
                        • 344
                        #156
                        Originally posted by Spider Ninja
                        funny stuff
                        back @ ninja

                        It's done before with the Pam tape remember Seth W. ?
                        After the media attention goes... there will be a few other organisations who keep their eyes on you.. but than again I havfe no right to judge others.. Just think personally to make money out of a Girl having a fun night with her BF and than betrayed by the same BF is greedy business..

                        But that is just my personal opinion and who am I anyways.. LOL

                        Anybody seen Seth lately ? He must be able to give some good advice on this topic. Seth always been very good to me but I never had the Pam tape in my members area or on any of my websites.v
                        www.cartelpays.com

                          Comment

                          • BlackCrayon
                            Too lazy to set a custom title
                            • Jun 2003
                            • 19634
                            #157
                            if this was any other kind of content, there would be any issue but when this video first hit, there was no copyright. anyone could use it. now you guys bought the rights or whatever you expect pages that existed before you even had the rights to change?
                            you don't know you're wearing a leash if you sit by the peg all day..

                              Comment

                              • stev0
                                Confirmed User
                                • Aug 2003
                                • 6801
                                #158
                                XPays, I've always wondered...

                                Do you have a model release signed by Paris and proper USC 110 S 2257 compliant id's on hand? I'd hate to think you guys were putting those potential legal problems over your affiliates heads.

                                  Comment

                                  • XPays
                                    Team Player
                                    • May 2004
                                    • 13002
                                    #159
                                    there was an article in the new york times called "paris inc" last year. in the article, her counsel gets asked directly if ms. hilton is in on the tape. his answer included "ms. hilton has a financial interest....". do you honestly think that Rick could have the highest profile content of all time and her not be in on it?

                                    there was never a time when there was "no copyrights". several of the people who took that gamble got bitch slapped and paid huge settlements to end that situation.
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                                      • XPays
                                        Team Player
                                        • May 2004
                                        • 13002
                                        #160
                                        Originally posted by stev0
                                        XPays, I've always wondered...

                                        Do you have a model release signed by Paris and proper USC 110 S 2257 compliant id's on hand? I'd hate to think you guys were putting those potential legal problems over your affiliates heads.
                                        YES WE DO and HAVE SINCE LAUNCH. We would never have jumped on the opportunity to market The Paris Hilton Sex Video without completing due diligence and our attorney is Paul Cambria. We have excellent legal counsel.

                                        That should be obvious considering in Microsoft vs. XPays 3 years ago we protected our webmaster database and successfully ended that whole deal.

                                        XPays is in its 8th year- Never missed a payment, Never sent checks late, Never fucked an affiliate or gotten one sued due to any content rights issues.
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                                          • BlackCrayon
                                            Too lazy to set a custom title
                                            • Jun 2003
                                            • 19634
                                            #161
                                            so rick had paris' consent to release the video to the net from day one?
                                            you don't know you're wearing a leash if you sit by the peg all day..

                                              Comment

                                              • SmokeyTheBear
                                                ►SouthOfHeaven
                                                • Jun 2004
                                                • 28609
                                                #162
                                                Not trying to be a pain in the butt here but i would like to continue promoting the paris tape and would like some straight answers please..

                                                What "rules" do we go by to determine "infringement" ?

                                                In a nutshell your saying you dont accept "infringers" or "link to infringers" and will actively pursue having these sites removed from search engines..

                                                While i FULLY support xpays and any other companies right to enforce their copyright , i would like to know how i "judge" what an "infringer" or a "link to infringer" is..

                                                This could be in point by point clarification or a set of rules that i can refer back to..

                                                I ACTIVELY promote the paris hilton sex tape. I ACTIVELY link to sites with thumbnail pictures of the paris hilton sex tape that do not link to xpays.. is this OK or NOT OK

                                                would be nice to get an answer..
                                                hatisblack at yahoo.com

                                                  Comment

                                                  • XPays
                                                    Team Player
                                                    • May 2004
                                                    • 13002
                                                    #163
                                                    lol- being skeptical about this, but not skeptical of the programs who's links are scammy............................................ .................................................. .................................................. .........................










                                                    ......priceless
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                                                      • XPays
                                                        Team Player
                                                        • May 2004
                                                        • 13002
                                                        #164
                                                        Originally posted by SmokeyTheBear
                                                        Not trying to be a pain in the butt here but i would like to continue promoting the paris tape and would like some straight answers please..

                                                        What "rules" do we go by to determine "infringement" ?

                                                        In a nutshell your saying you dont accept "infringers" or "link to infringers" and will actively pursue having these sites removed from search engines..

                                                        While i FULLY support xpays and any other companies right to enforce their copyright , i would like to know how i "judge" what an "infringer" or a "link to infringer" is..

                                                        This could be in point by point clarification or a set of rules that i can refer back to..

                                                        I ACTIVELY promote the paris hilton sex tape. I ACTIVELY link to sites with thumbnail pictures of the paris hilton sex tape that do not link to xpays.. is this OK or NOT OK

                                                        would be nice to get an answer..
                                                        We have private email and phone and fax for questions that are of a more specific-to-your-sites variety. I am not sure why you continue down this road when we can privately look at actual domains etc. and make sure everything is understood. Some thing's are just lost in translation. Hit me up. all of our contact info is at http://XPays.com fyi.
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                                                          • wm_cibi
                                                            Confirmed User
                                                            • Oct 2003
                                                            • 663
                                                            #165
                                                            hey xpays, what about epass payouts?
                                                            ICQ: 82-100-033

                                                              Comment

                                                              • SmokeyTheBear
                                                                ►SouthOfHeaven
                                                                • Jun 2004
                                                                • 28609
                                                                #166
                                                                Originally posted by XPays
                                                                I am not sure why you continue down this road when we can privately look at actual domains etc. and make sure everything is understood.
                                                                I ACTIVELY promote the paris hilton sex tape. I ACTIVELY link to sites with thumbnail pictures of the paris hilton sex tape that do not link to xpays..

                                                                I would like to know my money and sites are safe.. not sure why it feels like im harrassing you to get an answer.

                                                                I asked several times if i need to have my sites/links hand reviewed. thats all i wanted to know . I have hundreds of thousands of pages.. beyond the scope if i have to have each one reviewed on your opinion of if the links on them link to infringers.. It would easy if you just gave me a basis of what infringment in your eyes is.. then i could use my own judgement to see if that fits in with what you feel infringement is.. SPECEFICALLY with regards to thumbnail images and "copyright" text.. I.E. a list of "text" you feel is infringement , and a minimum picture size you feel does not reflect "fair use".
                                                                hatisblack at yahoo.com

                                                                  Comment

                                                                  • XPays
                                                                    Team Player
                                                                    • May 2004
                                                                    • 13002
                                                                    #167
                                                                    Originally posted by wm_cibi
                                                                    hey xpays, what about epass payouts?
                                                                    not currently. we have fully investigated it and chosen to continue with our twice monthly wires and checks. we do not rely on third parties other than teir 1 banks (wells fargo) when it comes to putting the "pays" in "xpays".
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                                                                      • XPays
                                                                        Team Player
                                                                        • May 2004
                                                                        • 13002
                                                                        #168
                                                                        Originally posted by SmokeyTheBear
                                                                        I ACTIVELY promote the paris hilton sex tape. I ACTIVELY link to sites with thumbnail pictures of the paris hilton sex tape that do not link to xpays..

                                                                        I would like to know my money and sites are safe.. not sure why it feels like im harrassing you to get an answer.

                                                                        I asked several times if i need to have my sites/links hand reviewed. thats all i wanted to know . I have hundreds of thousands of pages.. beyond the scope if i have to have each one reviewed on your opinion of if the links on them link to infringers.. It would easy if you just gave me a basis of what infringment in your eyes is.. then i could use my own judgement to see if that fits in with what you feel infringement is.. SPECEFICALLY with regards to thumbnail images and "copyright" text.. I.E. a list of "text" you feel is infringement , and a minimum picture size you feel does not reflect "fair use".
                                                                        you are asking vague questions without specific links and i am not going to pigeonhole us with a yes or no based on the question. email me the link.
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                                                                          • SmokeyTheBear
                                                                            ►SouthOfHeaven
                                                                            • Jun 2004
                                                                            • 28609
                                                                            #169
                                                                            Originally posted by XPays
                                                                            you are asking vague questions without specific links and i am not going to pigeonhole us with a yes or no based on the question. email me the link.
                                                                            Thats kind of what im saying i have hundred of thousands of pages ( as i stated in the post you quoted ) each of those pages has anywhere from 10 to 100 links . This adds up to well over a million "links" to email you. How soon would i be getting a response from this.. ?

                                                                            Lets clear a few things up..

                                                                            I want to make money ..
                                                                            You want to make money

                                                                            I want to promote xpays
                                                                            You want people to promote xpays

                                                                            I want to make more money
                                                                            You want to make more money

                                                                            I fully support xpays right to enforce copyright
                                                                            You fully support your right to enforce copyright

                                                                            I dont want to infringe
                                                                            You dont want me to infringe.


                                                                            Now what is infringement in xpays opinion ?
                                                                            hatisblack at yahoo.com

                                                                              Comment

                                                                              • SmokeyTheBear
                                                                                ►SouthOfHeaven
                                                                                • Jun 2004
                                                                                • 28609
                                                                                #170
                                                                                Originally posted by XPays
                                                                                you are asking vague questions
                                                                                Ok i'll be more precise

                                                                                What is a minimum size image that you would consider "infringement"?

                                                                                What text do you consider infringement.?
                                                                                hatisblack at yahoo.com

                                                                                  Comment

                                                                                  • XPays
                                                                                    Team Player
                                                                                    • May 2004
                                                                                    • 13002
                                                                                    #171
                                                                                    Originally posted by SmokeyTheBear
                                                                                    Ok i'll be more precise

                                                                                    What is a minimum size image that you would consider "infringement"?

                                                                                    What text do you consider infringement.?
                                                                                    size means nothing - if you use our materials or those of the dvd store sites like ce, pecash, etc.., at last check all is fine. Any image used in an infringing way is a violation no matter what size. Text- for starters, claiming that you are linking to the video or to a site containing the video when that site is not authorized for example. "bait and switch".

                                                                                    hopefully this answers your question.
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                                                                                      • Lord Nelson
                                                                                        So Fucking Banned
                                                                                        • Jan 2006
                                                                                        • 715
                                                                                        #172
                                                                                        Originally posted by XPays
                                                                                        Text - for starters, claiming that you are linking to the video or to a site containing the video when that site is not authorized for example. "

                                                                                        hopefully this answers your question.
                                                                                        Bullshit. Linking to sites is not considered copyright infringement.

                                                                                          Comment

                                                                                          • SmokeyTheBear
                                                                                            ►SouthOfHeaven
                                                                                            • Jun 2004
                                                                                            • 28609
                                                                                            #173
                                                                                            Originally posted by XPays
                                                                                            you are asking vague questions
                                                                                            .
                                                                                            Originally posted by SmokeyTheBear
                                                                                            Ok i'll be more precise

                                                                                            What is a minimum size image that you would consider "infringement"?

                                                                                            What text do you consider infringement.?
                                                                                            .
                                                                                            Originally posted by XPays
                                                                                            Any image used in an infringing way is a violation no matter what size. .
                                                                                            Umm im trying to figure out what an "infringing way" is.. you wont give specific details so i ask examples and you say its too vague..

                                                                                            If i advertise on a site that uses thumbnail images in the SAME context as google images.. so a search engine that collects thumbnail images and links of pages on the internet INCLUDING thumbail images of known images and videos copyright by xpays ( but only in thumbnail format ) is that ok..

                                                                                            I'm sure i could go over hundreds of examples privately but there are thousands of seo's and affiliates who advertise on sites using these methods so it would be nice to know if its ok or not ok as a group .. Pardon me for wanting to feel safe with the companies i advertise for , but i cant afford to throw thousands of dollars away on advertising on a site like GOOGLE ADWORDS , to then be told at some later point they are violating your copyright thus i wont be getting paid. Im sure you can empathize here.

                                                                                            Text- for starters, claiming that you are linking to the video or to a site containing the video when that site is not authorized for example. "bait and switch".

                                                                                            hopefully this answers your question.[/QUOTE]
                                                                                            hatisblack at yahoo.com

                                                                                              Comment

                                                                                              • XPays
                                                                                                Team Player
                                                                                                • May 2004
                                                                                                • 13002
                                                                                                #174
                                                                                                Originally posted by Lord Nelson
                                                                                                Bullshit. Linking to sites is not considered copyright infringement.
                                                                                                if you have a text link saying "clicking to join *** and watch the paris hilton sex video" and no images - you are still infringing and dmca is 100% on the content owner's side historically on this one. thank you, come again.
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                                                                                                  • Hornydog4cooter
                                                                                                    Confirmed User
                                                                                                    • Jan 2005
                                                                                                    • 2859
                                                                                                    #175
                                                                                                    I am a xpay afillate myself. But i have no worries i am not in infringement. But a few people that are linked to me are in clear infringement. Do i need to worry here?

                                                                                                      Comment

                                                                                                      • XPays
                                                                                                        Team Player
                                                                                                        • May 2004
                                                                                                        • 13002
                                                                                                        #176
                                                                                                        Originally posted by Hornydog4cooter
                                                                                                        I am a xpay afillate myself. But i have no worries i am not in infringement. But a few people that are linked to me are in clear infringement. Do i need to worry here?
                                                                                                        directly - i think not. the only issue is that if they get banned at se's then your traffic might need some fresh trades or what not. also- you may find your traffic from your own pages increasing as the public finds exactly what they are looking for through your links. we appreciate your business and also appreciate any infringing links you might send our way if you are so inclined.
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                                                                                                          • Relish XXX
                                                                                                            Confirmed User
                                                                                                            • Dec 2004
                                                                                                            • 4904
                                                                                                            #177
                                                                                                            http://www.millioncelebs.com/fcv/den...denise-59.html
                                                                                                            Is this page infringing?

                                                                                                              Comment

                                                                                                              • XPays
                                                                                                                Team Player
                                                                                                                • May 2004
                                                                                                                • 13002
                                                                                                                #178
                                                                                                                Originally posted by Relish XXX
                                                                                                                http://www.millioncelebs.com/fcv/den...denise-59.html
                                                                                                                Is this page infringing?
                                                                                                                100% Yes. For several reasons starting with:

                                                                                                                Unauthorized image use. Easy to spot because the animated gif on milceleb is showing hardcore.

                                                                                                                Secondly, the image links to a site that is also making unauthorized use of copyrighted images and 100% infringing. I saved both sites and sent to the appropriate folks. thanks!
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                                                                                                                  • XPays
                                                                                                                    Team Player
                                                                                                                    • May 2004
                                                                                                                    • 13002
                                                                                                                    #179
                                                                                                                    millioncelebs is on notice - we'll see what happens. the destination link on the millcelebs page is now a fine target. will keep you posted. thanks again.
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                                                                                                                      • Theo
                                                                                                                        HAL 9000
                                                                                                                        • May 2001
                                                                                                                        • 34515
                                                                                                                        #180
                                                                                                                        seems fair to me

                                                                                                                          Comment

                                                                                                                          • Theo
                                                                                                                            HAL 9000
                                                                                                                            • May 2001
                                                                                                                            • 34515
                                                                                                                            #181
                                                                                                                            i think there is a law saying if you infringing the rights of more than a few people/companies you are ok because in reality that's what really happens lol

                                                                                                                              Comment

                                                                                                                              • XPays
                                                                                                                                Team Player
                                                                                                                                • May 2004
                                                                                                                                • 13002
                                                                                                                                #182
                                                                                                                                good comment- solo sites probably get more infringed upon than any other niche of site. any infringers shut down only helps conversions for affiliates on a side note.
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                                                                                                                                  • Hardlinks
                                                                                                                                    Confirmed User
                                                                                                                                    • May 2005
                                                                                                                                    • 1333
                                                                                                                                    #183
                                                                                                                                    Originally posted by Soul_Rebel
                                                                                                                                    seems fair to me
                                                                                                                                    By all means, you have the rights to your images and how they are used, but your not going to punish my network because someone i linked to may or may not have used the content illegally.

                                                                                                                                    Remember, the problem with this thing is that its not only content thiefs, they decided to go after..but the pages linking to them.

                                                                                                                                    BUt with that said, the only protection to assure i dont get dmca'ed is to not promote XPAYS, or DEISEL CASH, AND not trade links or do business with anybody who does so. Because if they happen to violate the terms of service, i will pay the price.
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                                                                                                                                      • Quick Buck
                                                                                                                                        Confirmed User
                                                                                                                                        • Feb 2006
                                                                                                                                        • 1026
                                                                                                                                        #184
                                                                                                                                        See sig.
                                                                                                                                        $50 FREE TRIALS! Every Day til 2008!!!
                                                                                                                                        Only at QuickBuck

                                                                                                                                          Comment

                                                                                                                                          • Theo
                                                                                                                                            HAL 9000
                                                                                                                                            • May 2001
                                                                                                                                            • 34515
                                                                                                                                            #185
                                                                                                                                            If you use/hotlink a copyrighted work to link to someone's site with no business interest towards the one having the copyright I don't see how you can be right.

                                                                                                                                            If you link to someone's site that is nothing more than a heaven of copyright violations or commits other illegal activities be expected to receive some heat either this called xpays or whatever. If that makes you feel better DieselCash doesn't send DMCA to anyone's host unless he is the one actually hosting the pics and this is not resolved through a prior communication.

                                                                                                                                            This doesn't release you of responsibilities of the act though. Learn to live and adapt with the heat coming to you.

                                                                                                                                              Comment

                                                                                                                                              • Hardlinks
                                                                                                                                                Confirmed User
                                                                                                                                                • May 2005
                                                                                                                                                • 1333
                                                                                                                                                #186
                                                                                                                                                Originally posted by Soul_Rebel
                                                                                                                                                If you use/hotlink a copyrighted work to link to someone's site with no business interest towards the one having the copyright I don't see how you can be right.

                                                                                                                                                If you link to someone's site that is nothing more than a heaven of copyright violations or commits other illegal activities be expected to receive some heat either this called xpays or whatever. If that makes you feel better DieselCash doesn't send DMCA to anyone's host unless he is the one actually hosting the pics and this is not resolved through a prior communication.

                                                                                                                                                This doesn't release you of responsibilities of the act though. Learn to live and adapt with the heat coming to you.

                                                                                                                                                He is dmca'ing sites that dont have any copywrited images on them, nor copywrited text, but that link to an alleged copyright violation. And it was never stated that it was for people linking to a heaven of copyright, just linking..like a recip link for a tgp or a link trade...etc.
                                                                                                                                                Last edited by Hardlinks; 02-11-2006, 06:31 PM.
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                                                                                                                                                  • Theo
                                                                                                                                                    HAL 9000
                                                                                                                                                    • May 2001
                                                                                                                                                    • 34515
                                                                                                                                                    #187
                                                                                                                                                    I'm aware of that, but honestly do you expect me to say? That he is wrong, dumb, evil or what? Try to apply things isolated of personal benefits for a moment, if you were linking to warez sites wouldn't you expect to have sponsors terminating your accounts? Yes? No?

                                                                                                                                                    Xpays claims to have a copyright and tries to protects it (by all means). He is even willing to lose some affiliates over this which aparently means he balanced the pros and cons of this action. I've received myself a dozen DMCA from hollywood production companies to sport industry related firms and so on. I was well aware they may come and the consequences, but when I balanced prons vs cons at that point I ended up to take these risks. I never blamed the companies that sent them.

                                                                                                                                                    As long as I'm managing DA/DC you can be assured you won't have any problem since the company's benefits from how I see them are satisfied by not doing taking such actions. It seems being honest to you guys is not good thing lol

                                                                                                                                                      Comment

                                                                                                                                                      • Hardlinks
                                                                                                                                                        Confirmed User
                                                                                                                                                        • May 2005
                                                                                                                                                        • 1333
                                                                                                                                                        #188
                                                                                                                                                        Originally posted by Soul_Rebel
                                                                                                                                                        This doesn't release you of responsibilities of the act though. Learn to live and adapt with the heat coming to you.
                                                                                                                                                        Just for the record.. I do work professionally, and responsabily and there is no heat coming down on me. I do not violate any copyrights, but i have allready lost serps due to dmca notices (p10) as an innocent bystander, and its not something anybody needs to have happen to them, unless they are violating a copyright.

                                                                                                                                                        Most webmasters will be defenseless. Which is fine if we are talking about infringers, but a site that links to the infringers domain?

                                                                                                                                                        Thats ridiculous. I sure hope msn, yahoo, and google are all on his dmca list, cause they are the top links to it. Someone needs to stop this nonsense before it gets out of hand.
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                                                                                                                                                          • Hardlinks
                                                                                                                                                            Confirmed User
                                                                                                                                                            • May 2005
                                                                                                                                                            • 1333
                                                                                                                                                            #189
                                                                                                                                                            Originally posted by Soul_Rebel
                                                                                                                                                            I'm aware of that, but honestly do you expect me to say? That he is wrong, dumb, evil or what? Try to apply things isolated of personal benefits for a moment, if you were linking to warez sites wouldn't you expect to have sponsors terminating your accounts? Yes? No?

                                                                                                                                                            Xpays claims to have a copyright and tries to protects it (by all means). He is even willing to lose some affiliates over this which aparently means he balanced the pros and cons of this action. I've received myself a dozen DMCA from hollywood production companies to sport industry related firms and so on. I was well aware they may come and the consequences, but when I balanced prons vs cons at that point I ended up to take these risks. I never blamed the companies that sent them.

                                                                                                                                                            As long as I'm managing DA/DC you can be assured you won't have any problem since the company's benefits from how I see them are satisfied by not doing taking such actions. It seems being honest to you guys is not good thing lol
                                                                                                                                                            I understand and agree with your points, all of them. I just cant justify the action of having "clients lawyers" going through msn, google, and yahoo looking for backlinks to a certain domain, that they have deamed as in violation, and then including those domains in a dmca, that is horseshit.
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                                                                                                                                                              • Theo
                                                                                                                                                                HAL 9000
                                                                                                                                                                • May 2001
                                                                                                                                                                • 34515
                                                                                                                                                                #190
                                                                                                                                                                Glad you mentioned the p10 example, I asked on that thread if anyone's work got affected from this action that actively promotes us to come in contact with me. It's again down to the business interests. In real life fair and fairness is relative and often metaphoric.

                                                                                                                                                                  Comment

                                                                                                                                                                  • SmokeyTheBear
                                                                                                                                                                    ►SouthOfHeaven
                                                                                                                                                                    • Jun 2004
                                                                                                                                                                    • 28609
                                                                                                                                                                    #191
                                                                                                                                                                    Originally posted by Hardlinks
                                                                                                                                                                    BUt with that said, the only protection to assure i dont get dmca'ed is to not promote XPAYS, or DEISEL CASH, AND not trade links or do business with anybody who does so. Because if they happen to violate the terms of service, i will pay the price.
                                                                                                                                                                    This seems to be the only conclusion so far that i can come up with..

                                                                                                                                                                    Dont get me wrong i totally support any company that wants to enforce their copyrights.. but since its such a gray area as far as answers that seems to be the only solution.. drop all links to sites that promote paris hilton in any way.. i'm certainly not going to risk having my listings damaged by linking to a site , and i certainly dont have the manpower to manually review millions of links and theorize what xpays might/may/will consider infringement
                                                                                                                                                                    hatisblack at yahoo.com

                                                                                                                                                                      Comment

                                                                                                                                                                      • SmokeyTheBear
                                                                                                                                                                        ►SouthOfHeaven
                                                                                                                                                                        • Jun 2004
                                                                                                                                                                        • 28609
                                                                                                                                                                        #192
                                                                                                                                                                        how about something like this .. ? ok to link to or not ?

                                                                                                                                                                        http://com.webspacemania.com/abc/x2.html
                                                                                                                                                                        hatisblack at yahoo.com

                                                                                                                                                                          Comment

                                                                                                                                                                          • Brujah
                                                                                                                                                                            Beer Money Baron
                                                                                                                                                                            • Jan 2001
                                                                                                                                                                            • 22157
                                                                                                                                                                            #193
                                                                                                                                                                            I can see where this gets confusing..

                                                                                                                                                                            As far as Adwords goes, and from this thread.. it appears they will DMCA this site too if only the front/back cover is eligible?
                                                                                                                                                                            http://www.amazingtails.com/PH/PH.asp

                                                                                                                                                                            Top Result in Adwords for the tape, pushes Xpays heavily but also pushes Celebsunzipped, FreeCelebrityMovieArchive, etc.. so they get DMCA'd and removed too right ?

                                                                                                                                                                            Playboy is infringing with these stills from the video too, while not promoting Xpays since they're the only one with rights to the stills? Goodbye Playboy, from Google!
                                                                                                                                                                            http://www.playboy.com/features/features/ricksalomon/

                                                                                                                                                                            Rotten.com infringing with stills of the video too, while not promoting Xpays? Goodbye Rotten.com from Google!
                                                                                                                                                                            http://www.rotten.com/library/bio/bl.../paris-hilton/

                                                                                                                                                                              Comment

                                                                                                                                                                              • SmokeyTheBear
                                                                                                                                                                                ►SouthOfHeaven
                                                                                                                                                                                • Jun 2004
                                                                                                                                                                                • 28609
                                                                                                                                                                                #194
                                                                                                                                                                                Originally posted by Brujah
                                                                                                                                                                                I can see where this gets confusing..

                                                                                                                                                                                As far as Adwords goes, and from this thread.. it appears they will DMCA this site too if only the front/back cover is eligible?
                                                                                                                                                                                http://www.amazingtails.com/PH/PH.asp

                                                                                                                                                                                Top Result in Adwords for the tape, pushes Xpays heavily but also pushes Celebsunzipped, FreeCelebrityMovieArchive, etc.. so they get DMCA'd and removed too right ?

                                                                                                                                                                                Playboy is infringing with these stills from the video too, while not promoting Xpays since they're the only one with rights to the stills? Goodbye Playboy, from Google!
                                                                                                                                                                                http://www.playboy.com/features/features/ricksalomon/

                                                                                                                                                                                Rotten.com infringing with stills of the video too, while not promoting Xpays? Goodbye Rotten.com from Google!
                                                                                                                                                                                http://www.rotten.com/library/bio/bl.../paris-hilton/

                                                                                                                                                                                dont forget blogspot
                                                                                                                                                                                hatisblack at yahoo.com

                                                                                                                                                                                  Comment

                                                                                                                                                                                  • Brujah
                                                                                                                                                                                    Beer Money Baron
                                                                                                                                                                                    • Jan 2001
                                                                                                                                                                                    • 22157
                                                                                                                                                                                    #195
                                                                                                                                                                                    At least the Internet will be a much cleaner place when he's finished. Wouldn't his affiliates notice whether or not their traffic increases as a result, and/or their sales increase ? I'd be curious to know if it's helped or not. What do you think ? Will it make the difference ?

                                                                                                                                                                                      Comment

                                                                                                                                                                                      • XPays
                                                                                                                                                                                        Team Player
                                                                                                                                                                                        • May 2004
                                                                                                                                                                                        • 13002
                                                                                                                                                                                        #196
                                                                                                                                                                                        Originally posted by Brujah
                                                                                                                                                                                        I can see where this gets confusing..

                                                                                                                                                                                        As far as Adwords goes, and from this thread.. it appears they will DMCA this site too if only the front/back cover is eligible?
                                                                                                                                                                                        http://www.amazingtails.com/PH/PH.asp

                                                                                                                                                                                        Top Result in Adwords for the tape, pushes Xpays heavily but also pushes Celebsunzipped, FreeCelebrityMovieArchive, etc.. so they get DMCA'd and removed too right ?

                                                                                                                                                                                        Playboy is infringing with these stills from the video too, while not promoting Xpays since they're the only one with rights to the stills? Goodbye Playboy, from Google!
                                                                                                                                                                                        http://www.playboy.com/features/features/ricksalomon/

                                                                                                                                                                                        Rotten.com infringing with stills of the video too, while not promoting Xpays? Goodbye Rotten.com from Google!
                                                                                                                                                                                        http://www.rotten.com/library/bio/bl.../paris-hilton/


                                                                                                                                                                                        playboy is not claiming to show you the tape- limited rights have been granted to e! television for example and other media outlets for stories- which there have been no shortage of.
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                                                                                                                                                                                        Insert the HotelHeiress® HD FEED into your members areas
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                                                                                                                                                                                          • SmokeyTheBear
                                                                                                                                                                                            ►SouthOfHeaven
                                                                                                                                                                                            • Jun 2004
                                                                                                                                                                                            • 28609
                                                                                                                                                                                            #197
                                                                                                                                                                                            ....
                                                                                                                                                                                            Originally posted by SmokeyTheBear
                                                                                                                                                                                            how about something like this .. ? ok to link to or not ?

                                                                                                                                                                                            http://com.webspacemania.com/abc/x2.html
                                                                                                                                                                                            ....
                                                                                                                                                                                            hatisblack at yahoo.com

                                                                                                                                                                                              Comment

                                                                                                                                                                                              • u-Bob
                                                                                                                                                                                                there's no $$$ in porn
                                                                                                                                                                                                • Jul 2005
                                                                                                                                                                                                • 33063
                                                                                                                                                                                                #198
                                                                                                                                                                                                Originally posted by JMM
                                                                                                                                                                                                While I fully support XPAYS taking measures to protect their intellectual property, the term "Paris Hilton's Sex Tape" is not anyones intellectual property. I am about 99.9% certain that the phrase is not eligible for trademark registration. If by a .1% chance a registration was issued for that phrase, I am 100% certain it would be revoked upon first challenge.

                                                                                                                                                                                                Carry on.

                                                                                                                                                                                                  Comment

                                                                                                                                                                                                  • ScoobyDooby
                                                                                                                                                                                                    Registered User
                                                                                                                                                                                                    • Nov 2005
                                                                                                                                                                                                    • 10
                                                                                                                                                                                                    #199
                                                                                                                                                                                                    Xpays has always been too litigious for my taste.

                                                                                                                                                                                                    They've sent out c&d's because people said they smoked pot.

                                                                                                                                                                                                    This is the true sign of the decline of a program. Can't make money on paysites? no affiliates will promote the site? Call the lawyers!

                                                                                                                                                                                                    The only 100% sure fire way to make sure you never get sued by evan/xpays is to never talk to him, never do business with him, and never promote the paris tape.

                                                                                                                                                                                                      Comment

                                                                                                                                                                                                      • LittleC
                                                                                                                                                                                                        LittleC
                                                                                                                                                                                                        • May 2002
                                                                                                                                                                                                        • 344
                                                                                                                                                                                                        #200
                                                                                                                                                                                                        Thats 2 positive things. Paris does have a financial interest in the tape and Paul is your laywer. That seems legit enough to me.
                                                                                                                                                                                                        www.cartelpays.com

                                                                                                                                                                                                          Comment

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