GoFuckYourself.com - Adult Webmaster Forum - View Single Post - SegPay is processing for Tubes Sites with stolen content now?

abostonboy · 06-18-2009, 06:37 PM

@ Webmaster Army

Think about "Direct Financial Benefit" and ask yourself what happens IF a tube charges for membership. Does the content (videos) in a tube site derive a direct financial benefit? Umm.. Well, it is the bread and butter that the consumers are whipping out their cards for, isn't is? Here is some case law...

The Ellison court further narrowed the Fonovisa precedent for the direct financial benefit
prong as applied to the digital world in Napster. ?The essential aspect of the ?direct financial benefit? inquiry is whether there is a causal relationship between the infringing activity and any financial benefit a defendant reaps, regardless of how substantial the benefit is in proportion to a defendant?s overall profits.?147 In this case, AOL was not found liable for hosting USENET groups where users transferred an author?s copyrighted novels. Insufficient evidence was presented that AOL?s ?customers either subscribed because of the available infringing material or canceled subscriptions because it was no longer available.?148 The USENET groups were not found to be a draw that increased AOL?s userbase, but rather were an added benefit of the service.149

The Cybernet court found that there was a strong likelihood of success that there was a
direct financial benefit. Unlike Ellison, the content of the websites found in Cybernet?s network was the primary attraction for customers. ?The more consumers appreciate the content of a page, the more money Cybernet receives,? as the user will only signup through their AdultCheck system if they are pleased by the pictures appearing on the member website.150 Unlike the Ellison court, where the copyright holder presented insufficient evidence to support a finding that the USENET groups acted as a draw, the Cybernet court placed this burden on the defendant:
?Cybernet has given no reason to believe that these pages do not attract consumers, thereby creating a financial benefit to Cybernet."

http://law.bepress.com/cgi/viewconte...ntext=expresso

Anyways, enough of this stuff. There is a fresh batch of videos that went up today that I need to get some DMCA's done for.

06-18-2009, 06:37 PM
abostonboy Confirmed User Join Date: Mar 2003 Location: boston, ma Posts: 132	@ Webmaster Army Think about "Direct Financial Benefit" and ask yourself what happens IF a tube charges for membership. Does the content (videos) in a tube site derive a direct financial benefit? Umm.. Well, it is the bread and butter that the consumers are whipping out their cards for, isn't is? Here is some case law... The Ellison court further narrowed the Fonovisa precedent for the direct financial benefit prong as applied to the digital world in Napster. ?The essential aspect of the ?direct financial benefit? inquiry is whether there is a causal relationship between the infringing activity and any financial benefit a defendant reaps, regardless of how substantial the benefit is in proportion to a defendant?s overall profits.?147 In this case, AOL was not found liable for hosting USENET groups where users transferred an author?s copyrighted novels. Insufficient evidence was presented that AOL?s ?customers either subscribed because of the available infringing material or canceled subscriptions because it was no longer available.?148 The USENET groups were not found to be a draw that increased AOL?s userbase, but rather were an added benefit of the service.149 The Cybernet court found that there was a strong likelihood of success that there was a direct financial benefit. Unlike Ellison, the content of the websites found in Cybernet?s network was the primary attraction for customers. ?The more consumers appreciate the content of a page, the more money Cybernet receives,? as the user will only signup through their AdultCheck system if they are pleased by the pictures appearing on the member website.150 Unlike the Ellison court, where the copyright holder presented insufficient evidence to support a finding that the USENET groups acted as a draw, the Cybernet court placed this burden on the defendant: ?Cybernet has given no reason to believe that these pages do not attract consumers, thereby creating a financial benefit to Cybernet." http://law.bepress.com/cgi/viewconte...ntext=expresso Anyways, enough of this stuff. There is a fresh batch of videos that went up today that I need to get some DMCA's done for.