Quote:
Originally Posted by TheDoc
I really wish that was true, if that was true, I think most of us would have sued long ago.
See, the quick of it is this. When a person submits content to a tube (if it's real or faked but looks real), and as long as the tube site follows DMCA notices, appears to and attempt to filter content out, ect. They are pretty much untouchable.
Then, mix that with hosts that you can't sue, that will host piracy, you can easily fake whois info and you can easily host in a piracy safe country. Several of the worst are untouchable. At this point copyright and dmca notices mean nothing or you can sue until you turn blue, with no results.
Now, what I have found odd is nobody has sued other companies profiting from the Tubes that do not respond to DMCA notices. Several of those Companies can be touched.
Now, to twist this. If you DRM protect your content, it is CRIME in many countries to crack DRM protected movies, copy them or upload them. This, gives you power to take on Tubes and the people giving your content out since it can be tracked with DRM. The problem it's almost impossible to find DRM protected content on tubes. And the little you do see is from direct recordings, which makes the upload, hosting, or anything related to the content a Crime.
If someone is just straight stealing from and profiting from it, like someone rips your members content and opens a paysite. You don't need to send a notice, just sue.
DMCA protects a new way to steal movies. DRM protects the owner, it gives them more to attack with in more countries. My opinion of the situation at least.
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I understand that there are obstacles in place designed to delay and deter legal proceedings, but even with a private WHOIS, they can't hide their provider, and if the provider refuses to act on the violator, there's always upstream providers.
And I'm sure there's ways to embed a signature in a video that can't be edited out - which can be used to identify, and prosecute, a unique user.