Possible legal solution to tube problem, micro not macro......

Both of these are illegal.

"A few thousand" false reports to the FBI will put you in jail. Plus, they will notice that something is up.

You can listen to old fool ... but there but if you lose in my state, you have to post double to appeal. State of Texas. But what do I know… Listen to the village idiot on the bike…

baddog - think about it - suing for money one thing, suing to get their URL, me thinks anyone paying legal fees for this will avoid stealing your content in the future.

and screw the lawyer, who cares if you fail, it's small claims, they can't sue you back for more than $100 in legal fees here.

it's about PUNISHING them with their OWN lawyer fees - tehe

do you have any content?

laws are often different in different areas

100 of you idiots have posted, and not one of you have realized that this entire "plan" is completely fucked up.

Copyright law is FEDERAL. So you can't even file a lawsuit in small claims court alleging copyright infringement; you must file it in a federal district court.

Plus you have to get copyright registration FIRST. Most of you do not actually obtain registrations from the US Copyright office. So now you will have to do this, AND THEN file the lawsuit, and YOU WILL STILL BE LIMITED to actual damages, and cannot recover attorneys fees, because you did not have copyright registration at the time of infringement.

So the Court won't be looking at just the facts anymore; they will have to ask "is this copyright infringement?" And if it is, then how much damage did it actually cause you?

And if you want to file a lawsuit in Canada, you will have to do so in Court of Queens Bench.

Now a whole bunch of you are going to give me idiot replies because you don't want to face reality, so I will say FUCK YOU ALL in advance.

what's content?

I'm an assistant janitor.

i don't agree.

I'm filing for unpaid account if someone steals my content. If I see it on another site I mail an invoice and try and collect.

if they don't pay, I sue for collection.


oh yeah, IDIOT.

You don’t fucking get it. It would cost you a lot more to file the “second” motion. Those guys won’t move an Inch for small claims court note. Im done with you idiots. Have fun..

all lawyers are afraid of small claims court

You don't have a contract with them. So you can't invoice them for something that they haven't agreed to buy. And then you can't sue them for not having paid an invoice that is invalid.

IDIOT.

if my property is on their site I do or it's theft.

been though something similar in small claims mainstream wise. what i saw was judges don't like theives.


guys- it CAN be done. it doesn't require a million dollars and a huge lawyer. it requires some thinking....

if you fail, you think it though and sue again on another occurance.

small claims can crush a tube if they are stealing your content. it just requires someone to go after them.

basically it's theft but I monetize it.

that works in court.

idiot

here's a better way to think about it

sue for $500 or $1000 an occurance. the tube's LEGAL fees will be more than that to defend themself, so they let it go. if you get a judgement they have to pay or it's asset digging time including the url... so it's PAY ME or pay your lawyer 3 to 4 times.

and then sue seperatly for every occurance and get different court dates on all of them

YES, I belive that is the case

It took me a bit to read through all this confusion and I'm still not sure if it's a good idea or not. I do, however, know that it’s about time we did something to protect our creative works and brainstorming ideas is a critical step in the process. Bravo to Sleazy for at least voicing his thoughts.

I also know that I would never take legal advice from someone that claims to have a "Business Information System undergrad degree", and also claims to have attended 2 and 1/2 years of law school, that can’t (or won’t) formulate a sentence properly and can’t (or won’t) get simple things like subject verb agreement correct. I’ll forgive the lack of caps and maybe even an occasional spelling error, as long as it doesn’t alter the meaning, but damn, take a look at this man’s butchering of the English Language. Would you want this person representing you in front of a judge?

So - you want examples?

Small claims court won't work. All you can do is hire a collection agency after (go after what?) and all they (who is "they") can do is call up the guy (who is "the guy") and ask to up (I'm guessing that you meant 'ask him to pay up'. They (again, who is 'they") cant go after his property.

And just like Canada has different laws than your local, every stat has different laws. So making a statement that one can't go after property, without proper supporting proof, detracts greatly from your creditability.


Damn - without the corrections, I'd think I was talking to a third grader.

This paragraph alone is enough to convince me that this man would never be an attorney that I would allow to represent me. Even if he had finished school.

You should - the more one knows about how things work in different states and countries, the better prepared we will be to fight the problem of intellectual property theft.

Seals.... unless he's going to club the official seal of the court. Or he's lazy and just wants one seal. LOL

Again, you assume that all US jurisdictions are the same as yours. And part of me has this feeling that a hockey stick may just be what's needed at this point

I'll bet his mom was severely disappointed. And I'm sure this argument would do well in front of a judge.

I'm putting my money on the secretary if she's going against you.

Judges love it when defendants resort to this defense. Again, I don't think you'll get any recommendations from me.

A BA in basket weaving required at least 6 semester hours of English - more than you've demonstrated in your posts.

Quote of the day


For Christ sake, it's "I'm going for a swim", not "I'm going to a swim".

Now there's an interesting little tidbit - makes me wonder what his affection with "Tejano" is? Let's see, in 1986, I was stationed in Germany keeping the Russians from invading Western Europe and he was swimming on the Russian national JR (swim) team. And now he's telling me he went to law school in Texas. If it smells like shit.........

Yes - and GFY has you.

"My State"? - let me see your papers.

I think he gets it, but I'm not sure you do.


Bottom line, if this person graduated from any school, including high school, the school should be ashamed of itself for allowing such an imbecile to graduate.



Oh - and thanks SleazyDreams for exploring new angles, someday we'll win this battle.

I think I want blind making that last post. Time for bed.

Now that you have corrected all of my typos did your little pee-pee grew an inch or two?

PS: PS: I was 12 when I was in Russia, numbnut. I said JR team. Moved to the States 20 years ago.

check your pants for shit smell. You probably have problems holding bowel movements

You "want" blind?

What regiment of US forces were you in? The “fucking dumb and stupid” 101 brigade?

So where did spelling police go? Fucking douchebag….

you go thru all that shit and then fuck up on very ext post. Bravo, asshole.... You win a medal...

What if someone put together a FUND that any and all webmasters could contribute to for the sake of fighting a handful of the largest tubes? Much easier to take on a huge task like this in the courts if you have the money and support of thousands.

Really no excuse for most webmasters not to contribute something to this. Big programs will contribute more, small webmasters may contribute $10.

Just a thought.

Has some power if you can show thousands of signatures contributing to clean something up.

marc

Maybe in Canada. Doesn't work like that here. That is why I suggested start a coalition of Canadians to do this.

Maybe in Canada.

i'm getting some ANGRY icqs from tube owners...

seems I may have something here............

yes, you can.

it's theft, and I'm being reasonable by invoicing them so settle out of court.

here's something the tube lover's arn't realizing.


you can sue for ANYTHING. doesn't have to be right.

and if they don't show up, you can get a default judgment.

micro, not marco.

big porn companies arn't made on big deals - only MORONS think that. they're made on 10s of thousands of small affilate accounts.

if everyone spent $30 to file a small claims lawsuit for $500 whenever content was stolen, tube theives would be crushed.

But theft is criminal. Wouldn't you need to sue for breach of contract, one you don't have by the way, in small claims court?

It doesn't much matter really if this idea would or could work because it relies on getting hundreds of webmasters to persue it at once. We all know that will never happen.

criminal is seperate, criminal that costs you money is also tried on same incident for civil. example - OJ

not hundreds, it would probally work with 4-5.

i'm not investing $100,000k+ into a content theif. But i'm not against investing $100 and a half day of court sitting to fuck with someone

Well I don't think the idea really has merrit. It'll be more interesting, I think, to see how Paolo and Kevin's lawsuit against redtube turns out. I however am not a lawyer and have been to 0 years of law school.

It would be interesting if chadknowslaw or pornlaw would come comment in this thread as they actually are lawyers and the rest of us are just guessing.

The key is to stress the owners so they have to moderate and (self)regulate. There are really no "safe" countries for hosting illegal content, if this is done worldwide. The paysites and producers should join and hire some to scan for illegal tubes. And take action from there. By organizing you have to pay something, but in the end that investments will benefit all.

the defendant can move the case out of small claims court and then proceed to make your life a living hell with serious counter claims.

Finally someone understands. It is VERY easy to win copyright lawsuites. It is VERY enforecable. Does not require an attorney. For some reason, in the US copyright infringment (theft) is more quick severe and enforecable that is you went and beat up someone on a crowded sidewalk, stole their wallet, in front of a crowd. With a good attorney you can get out of it. Not with copyright theft. I know!!!

You really have no idea what you're talking about I'm afraid. I suggest you start by reading the DMCA and pay particular close attention to the safe harbour provision.

If it were so cut and dry easy to get copyright judgments against tubes, I assure you people would be going after them. Paolo and Kevin, two very smart people with large accomplishments spent considerable money investigating ways to go after Red Tube. They finally had to settle on going after them for unfair competition because the copyright approach is just so difficult especially in light of the DMCA. It appears their case was thrown out today anyway.

you absolutely, 100% can't do this in the US. the defendant can move the case out of small claims court and thrust you right into the big time with counter claims and suddenly you're the one who needs a 500.00 an hour attorney. the legal system here is set up for attorneys to win 99% of the time. there is rarely any other type of winner.

as that was said in A Civil Action ...something to the effect that "civil law is about spending money to make the other guy spend money. you both spend money hoping to pressure the other into caving and the first person that comes to his senses.... loses"

Great strategy, except one minor detail. you have to file a lawsuit where the defendant lives...
So you pay $100 for filling fees + another $400 or more to fly over there to show up to court, etc...
End result is you pissed away $500 and few hours of your time to arrange the whole thing... and what exactly did you accomplish?